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(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Crooked River Collaborative Water Security Act of 2013 - (Sec. 2) Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires an applicant, in any application submitted to the Federal Energy Regulatory Commission (FERC) relating to hydropower development at Bowman Dam (including turbines and appurtenant facilities), to: (1) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River that may be caused by development; (2) propose mitigation for such impacts; and (3) propose measures to ensure that any associated access facilities shall not impede the free-flowing nature of the River below the Dam. (Sec. 3) Requires 5,100 acre-feet of water to be released annually from the Crooked River federal reclamation project in Oregon to serve as mitigation for the city of Prineville groundwater pumping, pursuant to Oregon law. Directs the city to make payment to the Secretary of the Interior for such water in accordance with applicable Bureau of Reclamation policies, directives, and standards. Authorizes the Secretary, consistent with the National Environmental Policy Act of 1969 (NEPA), to contract exclusively with the city for additional amounts in the future at the city's request. (Sec. 4) Directs the Secretary, on a "first fill" priority basis, to store in, and when called for in any year, to release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek land; (3) 10,000 acre feet of water annually to the North Unit Irrigation District or the contract holders, upon request, pursuant to Temporary Water Service Contracts; and (4) 5,100 acre-feet of water annually to mitigate the city's groundwater pumping, with the release of that water to occur not based on an annual call, but instead pursuant to the release required by this Act and the annual release schedule developed pursuant to this Act. Requires any water stored under this Act that is not called for and released by the end of the irrigation season to be: (1) carried over to the subsequent water year; and (2) accounted for as part of the "first fill" storage quantities of such water year, but not to exceed the maximum "first-fill" storage quantities described by this Act. Directs the Secretary to release from Prineville Reservoir all remaining stored water quantities consistent with this Act. Requires use of uncontracted stored water if a consultation under the Endangered Species Act of 1973 or an order of a court in a proceeding under that Act requires releases of stored water from Prineville Reservoir for fish and wildlife downstream of Bowman Dam. Directs the Commissioner of Reclamation to develop and implement annual release schedules for the remaining stored water quantities and the water that serves as mitigation for the city's groundwater pumping, consistent with the guidance provided by the Confederated Tribes of the Warm Springs Reservation of Oregon and the state of Oregon to maximize biological benefit for downstream fish and wildlife, after taking into consideration their multiyear water needs. Declares that any water stored in one water year that is not released during that year: (1) shall be carried over to the subsequent water year; (2) may be released for downstream fish and wildlife resources until the reservoir reaches maximum capacity; and (3) shall be credited, once maximum capacity is reached, to the first-fill storage quantities, but not to exceed the maximum "first-fill" storage quantities described by this Act. Directs the Commissioner to: (1) project reservoir water levels over the course of the year; and (2) make such projections available to the public, the Director of the National Marine Fisheries Service, and the Director of the United States Fish and Wildlife Service. (Sec. 5) Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Provides that upon discharge of the obligation for repayment of allocated construction costs, those lands shall not be subject to specified ownership and full-cost pricing limitations. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations. Modifies the District's reclamation contracts on approval of the District directors to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; and (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, classify approximately 685 of such acres as irrigable, and provide the District with stored water from Prineville Reservoir for purposes of supplying those lands. (Sec. 6) Directs the Bureau of Reclamation to participate in management planning meetings every year with the state, the Confederated Tribes of the Warm Springs Reservation of Oregon, municipal, agricultural, conservation, recreation, and other interested stakeholders to plan for dry-year conditions. Authorizes the Secretary, in any year, to release any quantity of 10,000 acre-feet of specified water for the benefit of downstream fish and wildlife if the North Unit Irrigation District or other eligible Reclamation contract holders have not initiated contracting with the Bureau for any quantity of such water by June 1 of any year.

To amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, and for other purposes. 1. Short title This Act may be cited as the Crooked River Collaborative Water Security Act of 2013 2. Wild and scenic river; Crooked, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (72) Crooked, Oregon (A) In general The 14.75-mile segment from the National Grassland boundary to Dry Creek, to be administered by the Secretary of the Interior in the following classes: (i) The 7-mile segment from the National Grassland boundary to River Mile 8 south of Opal Spring, as a recreational river. (ii) The 7.75-mile segment from a point 1/4 (B) Hydropower In any license application relating to hydropower development (including turbines and appurtenant facilities) at Bowman Dam, the applicant, in consultation with the Director of the Bureau of Land Management, shall— (i) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River from the center crest of Bowman Dam to a point 1/4 (ii) propose measures to minimize and mitigate any impacts analyzed under clause (i); and (iii) propose designs and measures to ensure that any access facilities associated with hydropower development at Bowman Dam shall not impede the free-flowing nature of the Crooked River below Bowman Dam. . 3. City of Prineville water supply Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954), is amended— (1) by striking during those months purpose of the project (2) by adding at the end the following: Without further action by the Secretary of the Interior, beginning on the date of enactment of the Crooked River Collaborative Water Security Act of 2013 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. 4. Additional provisions The Act entitled An Act to authorize construction by the Secretary of the Interior of the Crooked River Federal reclamation project, Oregon 6. First fill storage and release (a) In general Other than the 10 cubic feet per second release provided for in section 4, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall, on a first fill (1) 68,273 acre-feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011. (2) Not more than 2,740 acre-feet of water annually to supply the McKay Creek land, in accordance with section 5 of the Crooked River Collaborative Water Security Act of 2013 (3) 10,000 acre-feet of water annually, to be made available first to the North Unit Irrigation District, and subsequently to any other holders of Reclamation contracts existing as of January 1, 2011 (in that order), pursuant to Temporary Water Service Contracts, on the request of the North Unit Irrigation District or the contract holders, consistent with the same terms and conditions as prior such contracts between the Bureau of Reclamation and District or contract holders, as applicable. (4) 5,100 acre-feet of water annually to mitigate the City of Prineville groundwater pumping under section 4, with the release of this water to occur not based on an annual call, but instead pursuant to section 4 and the release schedule developed pursuant to section 7(c). (b) Carryover Except for water that may be called for and released after the end of the irrigation season (either as City of Prineville groundwater pumping mitigation or as a voluntary release, in accordance with section 4 of this Act and section 6(c) of the Crooked River Collaborative Water Security Act of 2013 (1) carried over to the subsequent water year, which, for accounting purposes, shall be considered to be the 1-year period beginning October 1 and ending September 30, consistent with Oregon State law; and (2) accounted for as part of the first fill first fill 7. Storage and release of remaining stored water quantities (a) Authorization (1) In general Other than the quantities provided for in section 4 and the first fill (2) Requirement The Secretary shall release the remaining stored water quantities under paragraph (1) consistent with subsection (c). (b) Applicable law If a consultation under the Endangered Species Act of 1973 (c) Annual release schedule (1) In general The Commissioner of Reclamation shall develop annual release schedules for the remaining stored water quantities in subsection (a) and the water serving as mitigation for City of Prineville groundwater pumping pursuant to section 4. (2) Guidance To the maximum extent practicable and unless otherwise prohibited by law, the Commissioner of Reclamation shall develop and implement the annual release schedules consistent with the guidance provided by the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to maximize biological benefit for downstream fish and wildlife, after taking into consideration multiyear water needs of downstream fish and wildlife. (3) Comments from Federal fish management agencies The National Marine Fisheries Service and the United States Fish and Wildlife Service shall have the opportunity to provide advice with respect to, and comment on, the annual release schedule developed by the Commissioner of Reclamation under this subsection. (d) Required coordination The Commissioner of Reclamation shall perform traditional and routine activities in a manner that coordinates with the efforts of the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to monitor and request adjustments to releases for downstream fish and wildlife on an in-season basis as the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon determine downstream fish and wildlife needs require. (e) Carryover (1) In general Any water stored under subsection (a) in 1 water year that is not released during the water year— (A) shall be carried over to the subsequent water year; and (B) (i) may be released for downstream fish and wildlife resources, consistent with subsections (c) and (d), until the reservoir reaches maximum capacity in the subsequent water year; and (ii) once the reservoir reaches maximum capacity under clause (i), shall be credited to the first fill first fill (f) Effect Nothing in this section affects the authority of the Commissioner of Reclamation to perform all other traditional and routine activities of the Commissioner of Reclamation. 8. Reservoir levels The Commissioner of Reclamation shall— (1) project reservoir water levels over the course of the year; and (2) make the projections under paragraph (1) available to— (A) the public (including fisheries groups, recreation interests, and municipal and irrigation stakeholders); (B) the Director of the National Marine Fisheries Service; and (C) the Director of the United States Fish and Wildlife Service. 9. Effect Except as otherwise provided in this Act, nothing in this Act— (1) modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; (2) amends or reopens contracts referred to in paragraph (1); or (3) modifies any rights, obligations, or requirements that may be provided or governed by Federal or Oregon State law. . 5. Ochoco Irrigation District (a) Early repayment (1) In general Notwithstanding section 213 of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm district (2) Exemption from limitations Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all land of the landowner in the district, the land shall not be subject to the ownership and full-cost pricing limitations of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. (b) Certification Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to the land of the landowner within the district, the Secretary of the Interior shall provide the certification described in section 213(b)(1) of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm(b)(1) (c) Contract amendment On approval of the district directors and notwithstanding project authorizing authority to the contrary, the Reclamation contracts of the district are modified, without further action by the Secretary of the Interior— (1) to authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law; (2) to include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary; (3) to classify as irrigable approximately 685 acres within the approximately 2,742 acres of included land in the vicinity of McKay Creek, with those approximately 685 acres authorized to receive irrigation water pursuant to water rights issued by the State of Oregon if the acres have in the past received water pursuant to State water rights; and (4) to provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of land added within the district boundary and classified as irrigable under paragraphs (2) and (3), with the stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the issuance of water rights by the State of Oregon for the use of stored water. (d) Limitation Except as otherwise provided in subsections (a) and (c), nothing in this section— (1) modifies contractual rights that may exist between the district and the United States under the Reclamation contracts of the district; (2) amends or reopens the contracts referred to in paragraph (1); or (3) modifies any rights, obligations, or relationships that may exist between the district and any owner of land within the district, as may be provided or governed by Federal or Oregon State law. 6. Dry-year management planning and voluntary releases (a) Participation in dry-Year management planning meetings The Bureau of Reclamation shall participate in dry-year management planning meetings with the State of Oregon, the Confederated Tribes of the Warm Springs Reservation of Oregon, municipal, agricultural, conservation, recreation, and other interested stakeholders to plan for dry-year conditions. (b) Dry-Year management plan (1) In general Not later than 3 years after the date of enactment of this Act, the Bureau of Reclamation shall develop a dry-year management plan in coordination with the participants referred to in subsection (a). (2) Requirements The plan developed under paragraph (1) shall only recommend strategies, measures, and actions that the irrigation districts and other Bureau of Reclamation contract holders voluntarily agree to implement. (3) Limitations Nothing in the plan developed under paragraph (1) shall be mandatory or self-implementing. (c) Voluntary release In any year, if North Unit Irrigation District or other eligible Bureau of Reclamation contract holders have not initiated contracting with the Bureau of Reclamation for any quantity of the 10,000 acre feet of water described in subsection (a)(3) of section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by section 4), by June 1 of any calendar year, with the voluntary agreement of North Unit Irrigation District and other Bureau of Reclamation contract holders referred to in that paragraph, the Secretary may release that quantity of water for the benefit of downstream fish and wildlife as described in section 7 of that Act. 7. Relation to existing laws and statutory obligations Nothing in this Act (or an amendment made by this Act)— (1) provides to the Secretary the authority to store and release the first fill (A) the potential instream use resulting from conserved water projects and temporary instream leasing as provided for in section 5(c)(1); (B) the potential release of additional amounts that may result from voluntary actions agreed to through the dry-year management plan developed under section 6(b); and (C) the potential release of the 10,000 acre feet for downstream fish and wildlife as provided for in section 6(c); (2) alters any responsibilities under Oregon State law or Federal law, including section 7 of the Endangered Species Act ( 16 U.S.C. 1536 (3) alters the authorized purposes of the Crooked River Project provided in the first section of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954). July 31, 2014 Reported without amendment

Crooked River Collaborative Water Security Act of 2013

Oregon and California Land Grant Act of 2014 - Amends the O&C Lands Act of 1937 to establish uses and management requirements for the Oregon and California Railroad and Coos Bay Wagon Road grant land and other Oregon land administered by the Bureau of Land Management (BLM), the Forest Service, and the Army Corps of Engineers. Designates separate portions of the land for conservation and timber harvesting. Specifies requirements for managing the land, including: prohibiting the harvesting of trees of a specified age in certain areas, stating that Oregon retains jurisdiction over fish and wildlife, restricting the use of pesticides, and authorizing treatment of hazardous fuels on adjacent private lands. Directs the Department of the Interior to identify projects proposed under this Act, assess implementation, and complete other specified reports and analyses. Establishes requirements for timber harvests on designated lands, including calculating projected harvests, restricting roads, harvesting timber to reduce the likelihood of wildfires, and prioritizing treatments near communities. Designates lands for conservation purposes and establishes requirements for management, including restricting timber harvesting, motorized vehicles, and roads. Sets forth procedures for administrative and judicial review of projects under this Act. Specifies a formula for sharing receipts generated on land between the U.S. Treasury, the BLM, and counties. Transfers specified BLM-administered lands to be held in trust as reservations for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians; and the Cow Creek Band of Umpqua Tribe of Indians. Establishes and modifies specified wilderness areas and designations under the Wild and Scenic Rivers Act.

To improve timber management on Oregon and California Railroad and Coos Bay Wagon Road grant land, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Oregon and California Land Grant 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—Management on Oregon and California Railroad and Coos Bay Wagon Road grant land Sec. 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land. Sec. 102. Distribution of funds. Sec. 103. Wild and Scenic River designations. TITLE II—Tribal land Subtitle A—Oregon Coastal Land Conveyance Sec. 201. Definitions. Sec. 202. Conveyance. Sec. 203. Map and legal description. Sec. 204. Administration. Sec. 205. Forest management. Sec. 206. Land reclassification. Subtitle B—Canyon Mountain Land Conveyance Sec. 211. Definitions. Sec. 212. Conveyance. Sec. 213. Map and legal description. Sec. 214. Administration. Sec. 215. Forest management. Sec. 216. Land reclassification. Subtitle C—Amendments to Coquille Restoration Act Sec. 221. Amendments to Coquille Restoration Act. TITLE III—Oregon treasures Subtitle A—Wild Rogue Wilderness Area Sec. 301. Wild Rogue Wilderness Area. Subtitle B—Devil’s Staircase Wilderness Sec. 311. Definitions. Sec. 312. Devil’s Staircase Wilderness, Oregon. Sec. 313. Wild and Scenic River designations, Wasson Creek and Franklin Creek, Oregon. Subtitle C—Additional wild and scenic river designations and technical corrections Sec. 321. Designation of Wild and Scenic River segments, Molalla River, Oregon. Sec. 322. Technical corrections to the Wild and Scenic Rivers Act. I Management on Oregon and California Railroad and Coos Bay Wagon Road grant land 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. (1) by redesignating sections 2, 4, and 5 ( 43 U.S.C. 1181b (2) by striking the first section and inserting the following: 1. Short title This Act may be cited as the Oregon and California Land Grant Act 2. Definitions In this Act: (1) Archeological site The term archeological site (2) Conservation emphasis area The term conservation emphasis area (3) Covered land The term covered land (4) Department The term Department (5) Dry forest The term dry forest (A) during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 O&C Land Grant Act of 2013: Moist Forests and Dry Forests (B) after the period described in subparagraph (A), land designated as dry forest by the Secretary under section 103(b). (6) Ecological forestry The term ecological forestry (A) incorporates principles of natural forest development (including the role of natural disturbances) in the initiation, development, and maintenance of stands and landscape mosaics; and (B) is based on the application of the best available ecological understanding of forest ecosystems in managing those ecosystems to achieve integrated environmental, economic, and cultural outcomes. (7) Forestry emphasis area The term forestry emphasis area (8) Key watershed The term key watershed (A) is critical to 1 or more populations of native fish; (B) provides high quality water; and (C) is the same as 1 of the key watersheds designated under the Northwest Forest Plan. (9) Moist forest The term moist forest (A) during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 O&C Land Grant Act of 2013: Moist Forests and Dry Forests (B) after the period described in subparagraph (A), land designated as moist forest by the Secretary under section 103(b). (10) Monument The term Monument Public Law 111–11 (11) Nest tree (A) In general The term nest tree (i) is currently in use by a northern spotted owl for nesting; or (ii) has been documented to have been used by a northern spotted owl for nesting during the previous 5-year period. (B) Exclusion The term nest tree (i) is located in an area in which a major disturbance (such as a crown fire, tree defoliating insect or disease outbreak, or blow down) has occurred during the period; and (ii) is not currently being occupied by a northern spotted owl. (12) Old growth The term old growth (A) in the case of a moist forest, trees that are— (i) greater than 150 years of age measured at breast height; or (ii) (I) in a stand of trees in which the average stand age is 120 years or greater as of the date of enactment of the Oregon and California Land Grant Act of 2013 (II) generally depicted as old growth stands on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network (B) in the case of a dry forest, trees that are greater than 150 years of age measured at breast height. (13) Older trees The term older trees Oregon and California Land Grant Act of 2013 (14) Residence The term residence (A) maintained for habitation as a dwelling or workplace; and (B) located in an area with a density that is greater than 1 structure per 20 acres. (15) Riparian reserve The term riparian reserve (A) solely devoted to achieving the goals for the aquatic conservation strategy described in section 102(e); and (B) generally located along a river, stream, lake, wetland, or other hydrologic feature or unstable or potentially unstable area for which special standards and guidelines direct land use. (16) Salmon (A) In general The term salmon (B) Inclusions The term salmon (i) chinook salmon (Oncorhynchus tshawytscha); (ii) coho salmon (Oncorhynchus kisutch); (iii) chum salmon (Oncorhynchus keta); (iv) steelhead trout (Oncorhynchus mykiss); and (v) coastal cutthroat trout (Oncorhynchus clarkii clarkii). (17) Secretary The term Secretary (18) Site-potential tree height The term site-potential tree height (19) Stands less than or equal to 80 years of age The term stands less than or equal to 80 years of age O&C Land Grant Act of 2013: Forest Stands Less Than or Equal to 80 Years of Age (20) State The term State (21) Sustained yield The term sustained yield (22) Tree tipping The term tree tipping (23) Watershed analysis The term watershed analysis (24) Watershed protection The term watershed protection (25) Watershed restoration The term watershed restoration I Management on Oregon and California Railroad and Coos Bay Wagon Road grant land 101. Land management (a) In general Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179, chapter 47), such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are under the jurisdiction of the Department and are classified as timberland or power-site land valuable for timber shall be managed in accordance with this Act. (b) Effect Except as specifically provided in this Act, nothing in this Act modifies any designation or conveyance of any portion of the covered area as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2013 102. Allocation and management of covered land (a) In general As designated on the map entitled O&C Land Grant Act of 2013: Forestry Emphasis Areas and Conservation Emphasis Areas (1) forestry emphasis areas; and (2) conservation emphasis areas. (b) Management Covered land shall be managed in a manner that is consistent with this Act and under management strategies that— (1) consider human and economic dimensions of the management of covered land; (2) protect the long-term health of forests, wildlife, and waterways; (3) are scientifically sound, ecologically credible, and legally responsible; (4) produce a predictable and sustainable level of timber sales and nontimber resources that do not significantly degrade the environment; and (5) emphasize collaboration among the Federal agencies responsible for management of covered land. (c) Forestry emphasis areas (1) In general Forestry emphasis areas shall be managed for permanent forest production. (2) Timber Timber from forestry emphasis areas shall be sold, cut, and removed in conformity with the principle of sustained yield and ecological forestry for the purposes of— (A) providing a permanent source of timber supply; (B) protecting watersheds; (C) regulating stream flow; (D) contributing to the economic stability of local communities and industries; and (E) providing recreational facilities and opportunities. (d) Old growth trees (1) In general Except as provided in paragraph (3), the Secretary shall prohibit the cutting or removal of any old growth in a covered area. (2) Legacy old growth protection network (A) In general The stands depicted on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network (B) Management The Secretary shall— (i) prohibit harvest of trees within the areas designated under subparagraph (A); and (ii) only allow uses that are consistent with the purposes described in subparagraph (A). (3) Exceptions (A) In general Paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of an old growth tree for a purpose described in this paragraph. (B) Administrative purposes An old growth tree may be cut or removed for administrative purposes to carry out a construction or maintenance project if the project would cost more than an additional $3,000 to complete to meet the objectives of the project if the old growth tree is not removed. (C) Public safety purposes An old growth tree may be cut or removed for public safety purposes if— (i) a federally employed forester or certified arborist determines the old growth tree is likely to fall within 1 year; and (ii) the fall of the old growth tree could— (I) injure a member of the public or an employee of the Department that regularly is in the vicinity of the old growth tree; or (II) cause property damage in excess of $3,000. (D) Scientific purposes An old growth tree may be cut or removed for scientific purposes as part of a research project if the Director of the National Applied Resource Sciences Center— (i) approves the research project; and (ii) determines there is an advantageous reason to cut an old growth tree on land on which the research project will be carried out rather than on other land managed by the Secretary. (E) Special use purposes (i) In general An old growth tree may be cut or removed for special use purposes that are limited to— (I) a utility right-of-way, if there is no reasonable alternative; or (II) a cultural use by a federally recognized Indian tribe. (ii) Informal rulemaking Before allowing a special use under this subparagraph, the Secretary shall conduct an informal rulemaking with a 90-day public comment period. (F) Administration In carrying out this paragraph, the Secretary shall— (i) provide public notice of the location of the trees; (ii) certify the reasons for allowing the cutting or removal of old growth trees under this paragraph; and (iii) seek public comment on the cutting or removal for at least 7 days if more than 5 trees will be cut or removed within a 30-day period in the same 5-level hydrologic unit code watershed. (G) Commercial sale Any tree cut or removed under this paragraph may not be sold commercially. (4) Old growth identification Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 (e) Water quality protection (1) In general The primary focus of aquatic and riparian protection 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, including the continued provision of ecosystem services. (2) Aquatic conservation strategy (A) In general The Secretary shall carry out an aquatic conservation strategy to promote the objectives described in paragraph (1) and the resiliency of the aquatic ecosystems consistent with the goals of the aquatic conservation strategy. (B) Goals The goals of the aquatic conservation strategy shall be— (i) to protect, maintain, and restore aquatic ecosystems and the associated ecological processes for fish, other aquatic organisms, riparian-dependent species, and human needs across a region; (ii) to manage aquatic ecosystems in a manner that recognizes that fish and other aquatic organisms evolved within a dynamic environment that is constantly influenced and changed by geomorphic and ecological disturbances; (iii) to protect important drinking water source areas and maintain and restore water quality necessary to support healthy riparian, aquatic, and wetland ecosystems; and (iv) to protect, maintain, and restore in-stream flows sufficient to create and sustain riparian, aquatic, and wetland habitats and to retain patterns of sediment, nutrient, and wood routing. (3) Program components The aquatic conservation strategy shall incorporate the key components of the aquatic conservation strategy described in paragraph (2), which shall operate to maintain and restore the productivity and resiliency of riparian and aquatic ecosystems, including— (A) riparian reserves; (B) watershed analysis; (C) key watersheds; and (D) watershed restoration. (4) Riparian reserves (A) In general Riparian reserves shall be established in the covered area to protect, maintain, and restore ecosystem health at watershed and landscape scales and to promote the objectives described in paragraph (1), consistent with section 103(f) for the forestry emphasis areas and section 105(c) for the conservation emphasis areas. (B) Riparian reserve management (i) In general Management and restoration activities in riparian reserves shall only be undertaken to protect, maintain, or restore aquatic resources as provided in this subsection. (ii) Timber harvest Except as provided in section 103(f), timber harvest in riparian reserves shall only occur in stands less than or equal to 80 years of age. (5) Standards for key watersheds (A) In general Key watersheds, drinking water emphasis areas, and drinking water special management units established under sections 108, 109, 110, and 111 shall have the highest priority for watershed restoration and protection in the covered area. (B) Watershed analyses Watershed analysis shall be required before timber harvests occur in key watersheds, other than minor activities that are categorically excluded under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with Secretary to further the purposes of this section. (6) Roads restrictions (A) No net increase in roads The total quantity of system and nonsystem roads on covered land shall be less than or equal to the total quantity of system and nonsystem roads on covered land as of the date of enactment of the Oregon and California Land Grant Act of 2013 (B) Temporary roads Not later than the earlier of the date that is 1 year after the vegetation management project is completed or the date that is 2 years after the activities for which a temporary road was constructed are completed, temporary roads that are constructed on covered land, if necessary, shall be made benign by— (i) closing the temporary roads; and (ii) (I) decommissioning the temporary roads; or (II) placing the temporary roads into short-term storage. (C) Reduction in roads To the maximum extent practicable and subject to the availability of appropriations, the Secretary shall reduce the total quantity of road miles for system and nonsystem roads, with priority for road reductions given to key watersheds. (D) Limitations on new roads The Secretary shall prohibit the construction of any new permanent system road in any portion of the covered land within the key watersheds and drinking water protection areas of the covered land unless the construction contributes to achieving the goals of the aquatic conservation strategy. (E) No new roads in roadless areas The Secretary shall prohibit the construction of any new road in any inventoried roadless area on covered land in key watersheds, drinking water emphasis areas, and conservation emphasis areas. (F) Watershed analysis In carrying out a watershed analysis under this Act, the Secretary shall identify roads that the Secretary determines could be closed or decommissioned. (7) Woody debris augmentation (A) In general During periods of timber harvesting, the Secretary shall carry out tree tipping activities on riparian reserves on covered land, as the Secretary determines necessary, to improve timber delivery to streams. (B) Fish habitat The Secretary shall annually use approximately $1,000,000 of amounts made available under this Act to transport and place large trees in streams on Federal, State, or private land to improve the quality of fish habitat, as the Secretary determines necessary. 103. Management of forestry emphasis areas (a) Management actions (1) In general Silvicultural activities shall be conducted in a forestry emphasis area, and the forestry emphasis area shall be managed, in accordance with this section. (2) Management actions Management actions shall be considered in the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (b) Determination of moist forests and dry forests (1) In general During the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 O&C Land Grant Act of 2013: Moist Forests and Dry Forests (2) Redesignation Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 (A) plant association groups; and (B) the criteria described in this subsection. (3) Moist forests For purposes of this subsection, moist forests generally— (A) experience infrequent wildfires at intervals of 1 to several centuries, including extensive areas in which fire severity results in stand-replacement conditions; and (B) include the following plant association groups: (i) the Western Hemlock (Tsuga heterophylla) series; (ii) the Sitka Spruce (Picea sitchensis) series; (iii) the Western Redcedar (Thuja plicata) series; (iv) the Pacific Silver Fir (Abies amabilis) series; (v) the Mountain Hemlock (Tsuga mertensiana) series; (vi) the Subalpine Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series; (vii) the Tanoak (Lithocarpus densiflorus) series; (viii) the Moist Grand Fir (Abies grandis) plant association group; and (ix) the Moist White Fir (Abies concolor) plant association group. (4) Dry forests For purposes of this subsection, dry forests generally— (A) experience relatively frequent and predominantly low- and mixed-severity fires; and (B) include the following plant association groups: (i) the Moist Grand Fir (Abies grandis) plant association group; (ii) the Moist White Fir (Abies concolor) plant association group; (iii) the Ponderosa Pine (Pinus ponderosa) series; (iv) the Oregon White Oak (Quercus garryana) series; (v) the Douglas-fir (Pseudotsuga menziesii) series; (vi) the Jeffrey Pine (Pinus jeffreyi) series; (vii) the Dry Grand Fir (Abies grandis) plant association group; and (viii) the Dry White Fir (Abies concolor) plant association group. (5) Mixed forests (A) In general For purposes of this Act, a site characterized as a Moist Grand Fir or a Moist White Fir plant association group may be considered moist forest or dry forest based on the condition of the land, landscape context, and management goals. (B) Mixed forests On a site at which dry and moist forests combine and are not readily separated, management shall be based on the dominant type in terms of area. (6) Administration In carrying out this subsection, the Secretary shall— (A) provide the public a period of not less than 60 days to comment on the redesignation of moist forests and dry forests; and (B) redesignate moist forests and dry forests once every 10 years. (c) Vegetation treatments (1) In general Vegetation treatments shall be developed consistent with this subsection. (2) No significant negative effects A vegetation treatment under this section shall be— (A) considered in the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) designed to produce no significant negative effects on— (i) cultural sites of federally recognized Indian tribes; (ii) inventoried roadless areas; (iii) the existing integrity of archeological sites; (iv) highly erodible land; (v) wetland under the jurisdiction of the Corps of Engineers or delineated by the Natural Resources Conservation Service; and (vi) species listed as endangered or threatened species under the Endangered Species Act of 1973 (3) Attaining no significant negative effects A proposed silvicultural treatment on land described in clauses (i) through (v) of paragraph (2)(B) shall seek to produce no significant negative impact primarily by— (A) not harvesting trees, or operating heavy equipment, on the sites; or (B) mitigating the impact of the treatment through actions such as the capping of archeological sites with wood chips, except that relying on mitigation measures to achieve no significant negative impact may only be used infrequently for timber sales. (4) Northern spotted owls A vegetation treatment analyzed as part of the environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a) for land identified by the Secretary as part of northern spotted owl recovery plan Action 10 or 32 can only occur if the Secretary, acting through the United States Fish and Wildlife Service, releases an opinion that the proposed vegetative treatment is— (A) compatible with requirements under the Endangered Species Act of 1973 (B) necessary to address a severe threat of disease, insects, or fire. (5) Water quality (A) In general In addition to standards under any applicable environmental law, a vegetation treatment for a timber sale under this section shall be designed so that the sale does not result in measurable, significant negative impacts on water quality. (B) Determination points For the purposes of assessing potential negative impacts on water quality under this section from vegetation treatments, the Secretary shall only consider water quality— (i) at the time of the determination to determine the present condition; and (ii) at a time that is 5 years after the date of the initial determination and that is at least 2 years after the date of the timber sale. (6) Nest trees (A) In general No nest tree shall be cut in a forestry emphasis area unless the nest tree poses a repeated, imminent threat to the safety of the public or employees of the Department. (B) Surveys (i) In general Not earlier than 180 days before the date the Secretary plans to offer a timber sale in a forestry emphasis area, the Secretary shall survey the timber sale area to locate potential nest trees that the Secretary has not located. (ii) Duration The duration of the survey shall be such that the Secretary shall have an employee survey for nest trees at a rate of 1 day for each 100 acres of the timber sale. (C) Information from public During the 14-day period beginning on the date a consistency document required under section 104(d) is completed for a project, the Secretary shall accept information from the public concerning the location of nest trees. (D) Protections The Secretary shall ensure that the protections required under this Act are provided for verified nest trees. (7) Marbled murrelet habitat Consistent with the Endangered Species Act of 1973 (8) Sustained yield (A) In general The Secretary shall, to the maximum extent practicable, provide a sustained yield of timber harvest, averaged over a 10-year period, from the forestry emphasis area, that is calculated assuming an ecological forestry approach, unless the action will have severe adverse environmental, economic, or social consequences. (B) Sustained yield calculation The Secretary shall calculate the sustained yield for a 50-year period as part of the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) Reserved areas In calculating the sustained yield from a forestry emphasis area, the Secretary shall not include the volume of timber that could be offered from reserved areas, such as conservation emphasis areas. (d) Management of moist forests (1) In general Forestry emphasis areas that are designated as moist forests under this section shall be managed in accordance with the principles of ecological forestry (including principles relating to variable retention regeneration harvests) described in paragraph (2). (2) Ecological forestry principles for moist forests The ecological forestry principles referred to in paragraph (1) include— (A) the retention of old growth; (B) the seeking of opportunities to retain older trees if practicable; (C) the acceleration of the development of structural complexity, including spatial heterogeneity, in younger stands, through the use of diverse silvicultural approaches, such as variable density and clump-based prescriptions; (D) the implementation of variable retention regeneration harvesting activities that retain approximately 1/3 1/3 (E) the development and maintenance of early seral ecosystems with diverse species following harvesting activities through the use of less intense approaches to site preparation and tree regeneration and nurturing of diverse early seral ecosystems; (F) the use of rotations of sufficient length to allow stands to redevelop with levels of structural complexity and biodiversity characteristics of late-successional stands, but when the stands reach the rotation age of the stands, the stands will be regenerated through variable-retention harvesting; and (G) the establishment of a silvicultural system that includes the development and management of multiaged, mixed-species stands on harvest rotation periods of 80 to 120 years. (3) Variable retention regeneration (A) In general The Secretary shall designate not less than 8 percent and not more than 12 percent of the moist forests described in paragraph (1) as land on which the Secretary shall carry out variable retention regeneration harvesting activities, consistent with this section, during each 10-year period in a manner consistent with the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Applicability The moist forests designated as variable retention regeneration harvest land under subparagraph (A) shall not be limited to stands that have generally reached the culmination of mean annual increment. (4) Thinning (A) In general The Secretary shall carry out thinning activities in the moist forests described in paragraph (1) to promote tree growth and ecological health and variability. (B) Goals The goal of thinning activities under this paragraph shall be to establish spatially variable stand densities and complex canopies using thinning regimes that enhance the structural and compositional diversity of the stand and individual tree development. (C) Limitations (i) In general In carrying out thinning activities under this paragraph, the Secretary shall not reduce the total basal area of the stand (as determined on the date on which the thinning activities commence) by more than 50 percent. (ii) Old growth trees The Secretary shall exclude old growth trees from thinning activities under this paragraph. (e) Management of dry forests (1) In general Forestry emphasis areas that are designated as dry forests under this section shall be managed in accordance with ecological forestry principles described in paragraph (2) and, as determined necessary by the Secretary, with fire resiliency needs, consistent with this subsection. (2) Ecological forestry principles in dry forests The ecological forestry principles referred to in paragraph (1) include— (A) the retention and improvement of the survivability of old growth trees through the reduction of adjacent fuels and competing vegetation to promote resilience against mortality from insects, disease, and fire; (B) the retention and protection of important structures such as large hardwoods, snags, and logs; (C) the reduction of overall stand densities through partial cutting in an effort to— (i) reduce basal areas to desired levels, particularly in overstocked stands; (ii) increase the mean stand diameter; (iii) shift the composition of stands to fire- and drought-tolerant species; and (iv) retain older trees for replacement purposes; (D) the restoration of spatial heterogeneity through the variation of the treatment of stands, such as by leaving untreated patches, creating openings of not more than 2.5 acres, and establishing tree clumps and isolated single trees; (E) the establishment of new tree cohorts of shade-intolerant species in created openings, generally varying in size between 0.2 and 2.5 acres; (F) the harvesting of timber during the restoration process; (G) the maintenance of sustainable and fire-resilient conditions in perpetuity through active management of the dry forests in accordance with this subsection, including the treatment of activity fuels and the restoration of historic levels of surface fuels and understory vegetation using prescribed fire and mechanical activities; (H) the planning and implementation of activities at the landscape level to maintain not less than 1/3 (I) the retention of a basal area after a partial cut that is not less than 35 percent of the initial basal area of the sale area. (3) Fire resiliency (A) Vegetation treatment near residences (i) In general For a forestry emphasis area that is designated as a dry forest under this section and located within .25 miles of a residence, the primary purpose of any vegetation treatment carried out by the Secretary on that land shall be to manage fuel loadings to reduce the risk to the residence posed by wildfire. (ii) Administration (I) In general In carrying out vegetation treatment activities on land described in clause (i), the Secretary shall— (aa) cut and remove trees and brush to eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a shaded fuelbreak to reduce fire spread, duration, and intensity; and (bb) treat surface fuels (including activity fuels, low brush, and deadwood) on that land that could promote the spread of wildfire in a manner designed to achieve an average of a 4-foot maximum flame length under average severe fire weather conditions. (II) Timber sales If a timber sale is planned within 1/2 (III) County actions A county may carry out a fuel reduction project on the land described in clause (i) in a manner consistent with subclause (I) if— (aa) the county notifies the Secretary of the intent of the county to carry out the project, including a description of the project and duration of the project; (bb) the Secretary determines the project is consistent with this Act and is in the best interest of the public; and (cc) the county carries out the project using county funds, which may include amounts made available to the county under this Act. (iii) Prioritization In pri­or­i­tiz­ing fire resiliency projects under this subparagraph, the Secretary or the county may use project recommendations received from a resource advisory council or described in a community wildfire protection plan. (B) Private landowner actions on Federal land (i) In general A person may enter and treat any forestry emphasis area that is designated as a dry forest under this section that is located within 100 feet of the residence of that person without a permit from the Secretary if— (I) the treatment is carried out at the expense of the person; (II) the person notifies the Secretary of the intent to treat that land; and (III) the person carries out the treatment activities in accordance with clause (iii). (ii) Notice (I) In general Not less than 30 days before beginning to treat land described in clause (i), the person shall notify the Secretary of the intention of that person to treat that land. (II) Commencement Not less than 15 days before the date of the commencement of treatment actions, the person shall notify the Secretary before beginning the treatment. (iii) Applicability A person treating land described in clause (i) shall carry out the treatment as follows: (I) No dead tree, nest tree, old growth, or tree greater than 24 inches in diameter shall be cut. (II) Any residual trees shall be pruned— (aa) to a height of the lesser of 10 feet or 50 percent of the crown height of the tree; and (bb) such that all parts of the tree are at not less than 10 feet away from the residence. (III) Vegetation shall be cut such that— (aa) less flammable species are favored for retention; and (bb) the adequate height and spacing between bushes and trees are maintained. (IV) No herbicide or insecticide application shall be used. (V) All slash created from treatment activities under this subparagraph shall be removed or treated not later than 60 days after the date on which the slash is created. (f) Water protection in forestry emphasis areas (1) Riparian reserve and buffer system (A) In general In carrying out the aquatic conservation strategy in forestry emphasis areas, the Secretary shall establish riparian reserves that— (i) in the case of land located along a fish-bearing stream, are 1 site-potential tree height or 150 feet slope distance, whichever is greater; (ii) in the case of land located along a permanently flowing nonfish-bearing stream, are 1/2 (iii) in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among— (I) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation; (II) a distance of 1/2 (III) 75-feet slope distance; (iv) in the case of a wetland greater than 1 acre, a lake, or a natural pond, are whichever is greater among— (I) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation; (II) a distance of 2 site-potential tree height; or (III) 300-feet slope distance; (v) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and (vi) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among— (I) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation; (II) a distance of 1 site-potential tree height; or (III) 150-feet slope distance. (B) Nonfish-bearing streams (i) In general For a nonfish-bearing stream, the Secretary shall establish a buffer of an additional 1/2 (ii) Restrictions (I) In general A timber harvest on the buffer land described in clause (i) shall be— (aa) conducted in accordance with the principles of ecological forestry; and (bb) be limited to stands less than or equal to 80 years of age. (II) Special rule for dry forests (aa) In general Subject to item (bb), in dry forests, timber harvest may occur in a stand that exceeds 80 years of age if the harvest is carried out for a compelling ecological reason, such as to protect the stand from insect outbreak or destructive wildfire. (bb) Old growth trees An old growth tree shall not be included in a timber harvest under item (aa). (2) Watershed analysis (A) In general Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (B) Scientific committee (i) In general The committee established under subparagraph (A) shall be comprised of 5 individuals who— (I) are not full-time employees of the Bureau of Land Management; and (II) have expertise relating to aquatic and riparian ecosystems. (ii) Administration The Federal Advisory Committee Act (C) Criteria The criteria developed under subparagraph (A) shall include at a minimum— (i) the importance of the streams to salmon populations; (ii) the impacts of thermal loading; (iii) water quality; and (iv) the potential for the delivery or deposition of sediment and wood from upslope sources. (D) Development of watershed analysis (i) In general The Secretary shall use the criteria established by the scientific committee to determine the ecological importance of fish-bearing streams and nonfish-bearing streams. (ii) Public information The Secretary shall make the determinations described in clause (i) available to the public at the time the Secretary submits the report to the scientific committee. (E) Review of scientific committee (i) In general Not later than 210 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (ii) Comments by scientific committee Not later than 240 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (iii) Criteria The scientific committee shall use only the criteria established under subparagraph (C) to evaluate the determinations made by the Secretary. (iv) Public availability On receipt by the Secretary, the comments submitted by the scientific committee shall be made publically available. (F) Inclusion in the draft environmental impact statement (i) In general The Secretary shall— (I) revise the watershed analysis, as the Secretary considers necessary; and (II) consider the comments submitted by the scientific committee. (ii) Revised watershed analysis The revised watershed analysis shall be used in preparing and included in whole in each draft environmental impact statement developed under section 104(a)(1). (G) Other applicability The results of the watershed analysis shall be available for use in conservation efforts on other Federal land and on non-Federal land. (3) Revision of riparian buffer system (A) In general In accordance with the watershed analysis, the Secretary shall revise the riparian reserves on the forestry emphasis areas. (B) Use The revisions shall be reflected in— (i) the initial environmental impact statements prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) each subsequent 10-year environmental impact statement. (C) Revisions The Secretary shall revise the riparian buffer system as follows: (i) For a riparian reserve located along a fish-bearing stream, lake, or wetland, that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 100 feet slope distance. (ii) For a riparian reserve located along a nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 50 feet slope distance. (iii) For a riparian reserve located along a fish-bearing or nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of significant ecological importance, the size of the riparian reserve shall be 1 site-potential tree height or 150 feet slope distance, whichever is greater. (iv) The total amount of riparian reserves within each 5th-level hydrologic unit code watershed in the forestry emphasis areas shall equal at least 75 percent and not more than 125 percent of the previous riparian reserves established under paragraph (1). (D) Riparian buffers for management (i) In general The Secretary shall establish buffers for the riparian reserves described in clauses (i) and (ii) of subparagraph (C) that extend out to 1-site potential tree. (ii) Management The buffers shall be managed in the same manner as the buffers described in paragraph (1)(B). (E) Management The Secretary shall manage the revised riparian reserve areas described in subparagraph (D) in accordance with the following standards: (i) Timber harvest within riparian reserves shall be restricted to thinning stands less than or equal to 80 years of age to achieve the goals of the aquatic conservation strategy. (ii) Timber harvest, roads, grazing, mining, recreation, and all other activities shall be compatible with achievement of the goals of the aquatic conservation strategy in order to occur. (iii) Riparian-dependent and stream resources shall receive primary emphasis in riparian reserve landscapes. (4) Exception Forestry emphasis areas designated as Drinking Water Emphasis Area O&C Land Grant Act of 2013: McKenzie Drinking Water Area O&C Land Grant Act of 2013: Hillsboro Drinking Water Area O&C Land Grant Act of 2013: Clackamas Drinking Water Area O&C Land Grant Act of 2013: Springfield Drinking Water Area (g) Prioritization (1) Selection of areas to treat in the first 10 years (A) In general Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (i) the 10-year period covered by the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) each subsequent 10-year period covered by an environmental impact statement. (B) Prioritization plan for forestry emphasis areas The areas selected under subparagraph (A) shall reflect a prioritization plan and harvest levels, including the sustained yield, identified in the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) Public comment The Secretary shall seek public comments for 45 days on the selection of the areas under subparagraph (A). (D) Inclusion in the draft environmental impact statement (i) In general The Secretary shall revise the prioritization plan for forestry emphasis areas, as the Secretary considers necessary, based on the public comments received. (ii) Revised prioritization plan The revised prioritization plan for forestry emphasis areas shall be used in preparing and included in whole in each draft environmental impact statement developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Landscape plans (A) In general The Secretary shall develop plans for the moist forest portions of the forestry emphasis area and dry forest portions of the covered area. (B) Moist forest landscape plan The plans described in subparagraph (A) shall include— (i) landscape level plans showing the areas of the moist forest landscapes that will result in distribution of variable retention regeneration harvests to ensure desired placement and the appropriate scale of implementation; and (ii) areas that will, in the case of a moist forest site, accelerate development of complex forest structure, including opportunities to create spatial heterogeneity (such as creating skips and gaps), in a young stand that has a canopy that has— (I) closed; and (II) been simplified through past management. (C) Dry forest landscape plan (i) In general The dry forest plans described in subparagraph (A) shall include— (I) a landscape level plan showing the areas of any dry forest landscape that will be left in a denser condition for the first 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013 (II) the areas of any dry forest that may be considered for thinning or restoration treatments beginning on the date that is 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013 (III) areas that will, in the case of a dry forest site— (aa) minimize and reduce the risk of unnaturally severe fire and insect outbreaks, particularly if critical components and values are at risk, including— (AA) communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (BB) valuable forest structures, such as old growth and oak savannas that are in need of restoration or are in danger from potential fire risk; or (bb) restore historical structure and composition and improve fire resiliency. (ii) Reevaluation The areas described in clause (i)(I) shall be reevaluated in the subsequent comprehensive environmental impact statements required under section 104(a). (D) Collaboration in developing plans The Secretary shall develop the plans described in subparagraph (A) in coordination with the Director of the United States Fish and Wildlife Service to ensure the plans comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (E) Draft plans available for public comment Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (F) Inclusion in the draft environmental impact statement (i) In general The Secretary shall revise landscape plans, as the Secretary considers necessary, based on the public comments received. (ii) Revised landscape plans The revised landscape plans shall be used in preparing and included in whole in the draft environmental impact statement developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 104. Streamlined procedures (a) Comprehensive environmental impact statement (1) In general Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013 (A) a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Period The environmental impact statements required under paragraph (1) shall cover the 10-year period beginning on the date on which the record of decision for the environmental impact statement is issued. (3) Individual projects The final comprehensive environmental impact statement shall be used for individual projects during the 10-year period described in paragraph (2). (4) Additional analysis No additional analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (5) Effective date of each environmental impact statement After the initial comprehensive environmental impact statement developed under paragraph (1), each subsequent comprehensive environmental impact statement shall be prepared and be in effect for the 10-period beginning on the date on which the previous environmental impact statement expires. (b) Criteria and parameters of the environmental impact statement (1) In general Each environmental impact statement developed under subsection (a) shall analyze 3 alternatives, including— (A) 1 no-action alternative; and (B) 2 other alternatives that are consistent the management prescriptions and this Act for the forest type. (2) Limitations (A) In general The analysis of effects of each environmental impact statement described in subsection (a)(1) shall be limited to the effects of the actions authorized under section 103 that are consistent with the forest type. (B) Analysis (i) In general The information contained within the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan shall— (I) be used to develop an environmental impact statement described in subsection (a)(1); but (II) not be separately analyzed in an environmental impact statement described in subsection (a)(1). (ii) Additional analysis Notwithstanding the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (3) Area included in environmental impact statement (A) In general Each environmental impact statement shall cover the area required to be treated in section 103(d) for moist forests and section 103(e) for dry forests. (B) Distribution The requirement under subparagraph (A) shall be— (i) distributed in a manner that is approximately equal over the 10-year period; and (ii) divided among the Bureau of Land Management districts in a manner that— (I) is approximately proportional to the yield that can be produced by those forests; and (II) ensures that each Bureau of Land Management district has adequate harvest and revenue to share with affected counties. (4) Specific environmental impacts Each environmental impact statement shall include, in addition to other necessary analysis, the impacts to— (A) wetlands; (B) municipal watersheds; (C) inventoried roadless areas; (D) Indian cultural sites; (E) archeological sites; and (F) nest trees. (c) Public notice and comment; challenges (1) Definitions In this subsection: (A) Agency action The term agency action section 551 (B) Covered agency action The term covered agency action (C) Covered civil action The term covered civil action (2) Public notice and comment (A) Notice of intent (i) Notice of intent Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (I) Comprehensive environmental impact statement for the moist forests. (II) Comprehensive environmental impact statement for the dry forests. (III) Prioritization plan for the forestry emphasis area. (IV) Watershed analysis. (V) Dry forest landscape plan. (VI) Moist forest landscape plan. (ii) Public comment During the 45-day period beginning on date on which the notice of intent is published, the Secretary shall— (I) provide an opportunity for public comment for the scoping process; and (II) solicit public comment on topics to be analyzed in the draft environmental impact statement under subparagraph (B). (B) Draft environmental impact statements (i) In general Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 (ii) Public comment During the 60-day period beginning on the date on which the draft environmental impact statements are issued, the Secretary shall provide an opportunity for public comment on the draft environmental impact statements. (iii) Extensions The Secretary may not extend the period for public comment. (iv) Topics During the period described in clause (ii), the public shall be able to provide comment on the prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan included in the draft environmental impact statement. (C) Final environmental impact statements (i) In general The Secretary shall issue the record of decision for the final environmental impact statements— (I) 45 days after the date on which the final environmental impact statements are issued or immediately after the Secretary responds to an objection filed under clause (ii); and (II) not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013 (ii) Objections (I) In general During the first 30 days of the period established under clause (i)(I), in lieu of any other appeals that may be available, any person may file an objection to the final environmental impact statements in accordance with section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 (II) Response The Secretary shall respond in writing to any objection filed under subclause (I) not later than 30 days after the date on which the objection is filed. (iii) Exception If the Secretary determines than an objection filed under clause (ii) requires a revision of the final environmental impact statement, the Secretary shall— (I) issue a revised final environmental impact statement as soon as practicable; and (II) issue a record of decision not later than 30 days after the date on which the revised final environmental impact statement is issued. (3) Judicial review (A) Venue A covered civil action may only be brought in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia. (B) Objections No objection to the record of decision shall be considered by the court that has not previously been raised in writing during the agency administrative process. (C) Limitation of actions A covered civil action shall not be maintained unless commenced not later than 30 days after the date on which the covered agency action to which the covered civil action relates is final. (D) Expedited proceedings (i) Discovery Discovery shall— (I) commence immediately after a covered civil action is commenced; and (II) conclude not later than 180 days after the date on which a covered civil action is commenced. (ii) Trial In any covered civil action, a trial shall commence not later than 180 days after the date on which the covered civil action is commenced. (iii) Expeditious completion of judicial review Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in a covered civil action with the goal of rendering a final determination on the merits of the covered civil action as soon as practicable after the date on which a complaint or appeal is filed to initiate the action. (E) Applicability of APA Except as provided in this section, judicial review of a covered agency action shall be conducted in accordance with chapter 7 (F) Injunctions (i) In general Subject to clause (ii), the length of any preliminary injunction and any stay pending appeal regarding a covered agency action shall not exceed 60 days. (ii) Renewals (I) In general A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under clause (i). (II) Updates For each renewal of an injunction under this clause, the parties to the action shall present the court with updated information on the status of the covered agency action that is the basis of the covered civil action. (iii) Balancing of short- and long-term effects As part of the weighing of the equities while considering any request for an injunction that applies to the covered agency action, the court shall balance the impact on the ecosystem likely to be affected by the covered agency action of— (I) the short- and long-term effects of undertaking the covered agency action; and (II) the short- and long-term effects of not undertaking the covered agency action. (d) Consistency Document (1) In general For each project implemented under an environmental impact statement, the decision to proceed with the project shall be documented in a consistency document, which shall include, at a minimum— (A) the record prepared, including the names of interested people groups and agencies contacted; (B) a determination that no extraordinary circumstances exist; and (C) a determination that the scope of work of the project is consistent with the original analysis and assumptions in the record of decision. (2) Time before implementing a project The Secretary shall not implement a project described in paragraph (1) earlier than the date that is 30 days after the date on which a consistency document is made public. (3) Cause of action (A) In general The only cause of action that may be brought challenging a consistency document shall be claims that the work to be performed under the consistency document is inconsistent with the record of decision or causes adverse impacts to species not listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) at the time the record of decision was prepared but which have been listed subsequent to the record of decision. (B) Limitation of actions No cause of action may be maintained under subparagraph (A) unless commenced not later than 30 days after the date on which the consistency document is issued. (4) Projects outside scope With respect to work in the forestry emphasis areas that falls outside the scope of the environmental impact statements prepared under this title— (A) the work shall only be authorized under this title for a project that does not exceed 5,000 acres; and (B) environmental analysis documents required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be completed for that work. (e) Coordination with other agencies; consultation (1) Multiagency coordination (A) Up-front planning and consultation Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (i) the development of any environmental impact statement necessary to carry out this Act; and (ii) subsequently, the revision of any resource management plan necessary to carry out this Act. (B) Assessments under the Endangered Species Act of 1973 (i) In general Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 16 U.S.C. 1531 et seq. (ii) Project-specific concurrence (I) In general The Secretary may seek project-specific concurrence from the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration. (II) Concurrence or objection For a specific project that requires a consistency document under subsection (d) and would require documentation relating to the Endangered Species Act of 1973 (aa) submit to the Secretary written concurrence that the project is not likely to adversely affect listed species or critical habitat, in accordance with the Endangered Species Act of 1973 (bb) notify the Secretary that formal consultation will be required. (C) Participation by non-federal entities Non-Federal entities may submit to the Secretary a request to participate in the development of any environmental impact statement and any resource management plan necessary under this Act. (2) Liaisons Not later than 45 days after the date of enactment of the Oregon and California Land Grant Act, the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall identify personnel that will serve as a liaison to the Secretary— (A) to develop the environmental impact statements and resource management plans necessary under this Act; and (B) address any issues at the project level under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (3) Concurrent review (A) In general Each cooperating agency, the Director of the United States Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration shall carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process for the comprehensive environmental impact statement, unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations. (B) Consultation and documents required under the Endangered Species Act of 1973 (i) Informal consultation Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (ii) Formal consultation Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 Endangered Species Act of 1973 16 U.S.C. 1536 (iii) Draft environmental impact statement Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 Endangered Species Act of 1973 16 U.S.C. 1536 (iv) Supporting documents Not later than 60 days after the date on which a draft environmental impact statement is published, the cooperating agencies shall submit to the Secretary any documents required of the cooperating agencies under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (4) Escalation of interagency conflicts (A) In general If a disagreement between the liaisons identified in paragraph (2) cannot be resolved within 14 days, the disagreement shall be escalated to the State directors, or if there are no State directors, the regional directors. (B) Further escalation (i) In general If the State directors or regional directors, as applicable, cannot resolve the disagreement within the period beginning on the date on which the 14-day period described in subparagraph (A) expires and ending on the date that is 7 days after the date on which the 14-day period expires, the matter shall be escalated to the head of the applicable Federal agency. (ii) Final resolution The head of the applicable Federal agency shall resolve the disagreement not later than 7 days after the date on which the disagreement is escalated under clause (i). (5) Applicability of northwest forest plan The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to forestry emphasis areas. (6) Salmon (A) In general The State shall be considered a cooperating agency for purposes of assisting the Administrator of the National Oceanic and Atmospheric Administration in managing salmon. (B) Memorandum of understanding The State and the Administrator of the National Oceanic and Atmospheric Administration may enter into a memorandum of understanding or an agreement under section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 (C) Administration (i) In general If the Administrator of the National Oceanic and Atmospheric Administration fails to provide any necessary documentation relating to salmon required under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) Nondelegation The Secretary of Commerce shall not delegate the authority described in clause (i). (7) 5-year reevaluation (A) In general Not later than 5 years after the date on which an environmental impact statement is developed, the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall reevaluate the performed and proposed work and determine if the work complies with— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) the environmental impact statement. (B) Reinitiation (i) In general Subject to subparagraph (A) and clause (ii), if the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration determine that reinitiation of consultation is required due to new information relating to a threatened or endangered species, changed circumstances relating to a threatened or endangered species, or changed conditions relating to a threatened or endangered species— (I) the consultation process under this subsection shall be reinitiated by reassessing changed circumstances or conditions relating to the threatened or endangered species not originally evaluated in the environmental impact statements; and (II) the supporting documentation shall be modified not later than 90 days after the date on which the consultation commences to reflect the actual conditions. (ii) Management activities Management activities under the comprehensive environmental impact statements developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (8) Listings of endangered species (A) In general The Secretary shall redesignate some of a conservation emphasis area as a forestry emphasis area and redesignate a forestry emphasis area that contains critical habitat as a conservation emphasis area if— (i) a species is added to the list of endangered or threatened species under section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) (ii) critical habitat (as defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 (B) Identification of lands to be redesignated Not later than 120 days after the date of enactment of the Oregon and California Land Grant Act, the Secretary shall identify 10,000 acres of conservation emphasis area that could be redesignated under subparagraph (A). 105. Management of conservation emphasis areas (a) In general A conservation emphasis area shall be managed in accordance with this Act and for the general purposes of ecological and conservation benefits, including providing forest reserves that include— (1) old growth and late successional habitat; (2) clean air; (3) water quality filtration, purification, and storage; (4) watershed health; (5) soil stabilization; (6) flood control; (7) native wildlife biodiversity; (8) connectivity; (9) long-term storage of carbon; (10) climate stabilization; (11) pollination, seed dispersal, soil formation, and nutrient cycling; (12) recreational, educational, and tourism opportunities; and (13) aesthetic, spiritual, and cultural heritage values. (b) Management direction for conservation emphasis areas (1) Timber harvest limitations The cutting, sale, or removal of timber within a conservation emphasis area may be permitted— (A) to the extent necessary to improve the health of the forest in a manner that— (i) maximizes the retention of large trees— (I) as appropriate to the forest type; and (II) to the extent that the trees promote stands that are fire resilient and healthy; (ii) improves the habitats of threatened or endangered species or species considered sensitive by the Secretary over the long term following completion of the project; (iii) maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire; or (iv) in the case of harvests in moist forest sites, is conducted— (I) through variable density and clump-based thinning; (II) in stands up to 80 years of age to accelerate development of structurally complex forest conditions; and (III) in a manner that retains older trees and old growth; (B) to carry out an approved management activity in furtherance of the purposes of this section, if the cutting, sale, or removal of timber is incidental to the management activity; or (C) for de minimis personal or administrative use within the conservation emphasis area, if the use will not impact the purposes of this section. (2) Road construction No new or temporary roads shall be constructed or reconstructed within a conservation emphasis area after the date of enactment of the Oregon and California Land Grant Act of 2013 (A) to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would result in the loss of life or property; (B) to carry out environmental cleanup activities required by the Federal Government; (C) to allow for the exercise of reserved or outstanding rights provided for by treaty or Federal law; (D) to prevent irreparable resource damage by a road constructed before the date of enactment of the Oregon and California Land Grant Act (E) to rectify a hazardous road condition. (3) Withdrawal Subject to valid existing rights, all Federal land within the conservation emphasis area is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws, except disposal by exchange or sale in accordance with section 117; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing. (c) Water quality protection in conservation emphasis areas (1) Riparian reserves In carrying out the aquatic conservation strategy for conservation emphasis areas, key watersheds and drinking water emphasis areas, the Secretary shall establish riparian reserves that— (A) in the case of land located along a fish-bearing stream, are 2 site-potential tree height or 300-feet slope distance, whichever is greater; (B) in the case of land located along a permanently flowing nonfish-bearing stream, are 1 site-potential tree height or 150-feet slope distance, whichever is greater; (C) in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among— (i) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation; (ii) a distance of 1 site-potential tree height; or (iii) 100-feet slope distance; (D) in the case of a wetland that is greater than 1 acre, a lake, or a natural pond, are whichever is greater among— (i) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation; (ii) a distance 2 site-potential tree height; or (iii) 300-feet slope distance; (E) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and (F) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among— (i) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation; (ii) a distance of 1 site-potential tree height; or (iii) 150-feet slope distance. (2) Watershed analysis and review (A) In general The Secretary shall regularly conduct watershed analysis and a review of aquatic and riparian resources to ensure adequate protections are being provided, consistent with the objectives described in section 102(e)(1). (B) Criteria Criteria considered in the analysis shall include— (i) the importance of the streams to salmon populations; (ii) the impacts of thermal loading; (iii) water quality; and (iv) the potential for the delivery or deposition of sediment and wood from upslope sources. (C) Changes to strategy If a peer-reviewed, multiagency report calls for changes to the aquatic conservation strategy or any riparian reserves on the conservation land to be consistent with purposes described in section 102(e)(1), the Secretary may consider changes as part of any modifications (revisions or amendments) to the relevant resource management plans. (d) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of the Oregon and California Land Grant Act (2) Force of law The maps and legal descriptions described in 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 legal descriptions. (3) Public availability The maps and legal descriptions described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 106. Rogue National Recreation Area (a) Designation There is established a Rogue National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. (b) Boundary The Rogue National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 94,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Rogue National Recreation Area (c) Administration The Secretary shall— (1) administer the Rogue National Recreation Area— (A) in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Rogue National Recreation Area that are consistent with the purposes described in subsection (a). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Rogue National Recreation Area shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Rogue National Recreation Area. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Land reclassification (1) In general The Secretary shall reclassify the approximately 8,600 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 107. Molalla National Recreation Area (a) Designation There is established a Molalla National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. (b) Boundary The Molalla National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 24,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Molalla National Recreation Area (c) Administration The Secretary shall— (1) administer the Molalla National Recreation Area— (A) in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Molalla National Recreation Area that are consistent with the purposes described in subsection (a). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Molalla National Recreation Area shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Molalla National Recreation Area. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Land reclassification (1) In general The Secretary shall reclassify the approximately 12,000 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 108. McKenzie Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the McKenzie Drinking Water Special Management Unit O&C Land Grant Act of 2013: McKenzie Drinking Water Area McKenzie Drinking Water Special Management Unit Management Unit (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the McKenzie Watershed as a clean drinking water source safeguarding the water quality and quantity of the Watershed, for the residents of Lane County, Oregon; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the McKenzie Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid existing rights, the following activities shall be prohibited on Bureau of Land Management land in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 109. Hillsboro Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Hillsboro Drinking Water Special Management Unit O&C Land Grant Act of 2013 Hillsboro Drinking Water Area Hillsboro Drinking Water Special Management Unit Management Unit (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the Hillsboro Watershed as a clean drinking water source, safeguarding the quality and quantity of the Watershed, for the residents of Washington County, Oregon; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Hillsboro Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 110. Clackamas Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Clackamas Drinking Water Special Management Unit O&C Land Grant Act of 2013: Clackamas Drinking Water Area Clackamas Drinking Water Special Management Unit Management Unit (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the Clackamas Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Clackamas County, Oregon; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Clackamas Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 111. Springfield Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Springfield Drinking Water Special Management Unit O&C Land Grant Act of 2013: Springfield Drinking Water Area Springfield Drinking Water Special Management Unit Management Unit (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the Springfield Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Springfield, Oregon and nearby communities; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Springfield Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 112. Cascade-Siskiyou National Monument Expansion (a) Expansion and administration Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of Bureau of Land Management land generally depicted as ‘Cascade Siskiyou National Monument Expansion’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor Monument (1) this section; (2) Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247); and (3) section 105 and any law (including regulations) generally applicable to Bureau of Land Management land, including the Federal Land Policy and Management Act of 1976 43 U.S.C. 1701 et seq. (b) Fire management As soon as practicable after the date of enactment of this section, the Secretary shall— (1) revise the fire management plan for the Monument to include the land added to the Monument under subsection (a); and (2) in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the Monument. (c) Grazing (1) In general Subject to paragraph (2), the Secretary may allow the grazing of livestock within the approximately 2,050 acres of expansion land to continue as authorized under permits or leases in existence as of the date of enactment of this section. (2) Applicable law Grazing under paragraph (1) shall be— (A) at a level not greater than the level at which the grazing exists as of the date of enactment of this section, as measured in Animal Unit Months; and (B) in accordance with applicable law. (d) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Monument additions. (f) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (g) Land reclassification (1) In general The Secretary shall reclassify the approximately 200 acres of Federal land generally depicted as Other BLM lands (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 113. Illinois Valley Salmon and Botanical Area Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled O&C Land Grant Act of 2013: Illinois Valley Salmon and Botanical Area Illinois Valley Salmon and Botanical Area Botanical Area (b) Purposes The purposes of the Botanical Area are to provide for the protection, preservation, and enhancement of botanical, nonmotorized recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. (c) Administration The Secretary shall— (1) administer the Botanical Area— (A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Botanical Area that are consistent with the purposes described in subsection (b). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Botanical Area shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Botanical Area. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Land reclassification (1) In general The Secretary shall reclassify the approximately 7,200 acres of Federal land generally depicted as Other BLM lands (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 114. Pacific Crest National Scenic Trail Protection Corridor (a) Establishment The Secretary shall— (1) not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor Pacific Crest Trail Corridor PCT Corridor (2) draw the PCT Corridor boundaries to include— (A) all the Bureau of Land Management land within approximately 1/4 (B) to the extent practicable, recreational, scenic, historical, wildlife, water, and other resources associated with the Pacific Crest National Scenic Trail that are in need of protection. (b) Administration (1) In general The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (a) to protect and enhance enjoyment of the recreational, scenic, historical, wildlife, and water values of the PCT Corridor in as natural and undeveloped state as practicable. (2) Activities Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is— (A) to improve forest health when faced by a threat of fire, insect outbreak, or disease; (B) to improve or maintain recreational facilities and opportunities; or (C) to protect public health or safety. (c) Forest roads Forest roads crossing the PCT Corridor or within the PCT Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans. (d) Applicable law If the PCT Corridor established by this subsection is within an area designated by Congress for special management, the most restrictive provisions of law shall apply. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the PCT Corridor. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 115. Primitive backcountry special management areas (a) Management (1) In general The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (b) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. (2) Activities Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is— (A) to improve forest health when faced by a threat of fire, insect outbreak, or disease; (B) to improve or maintain recreational facilities and opportunities; or (C) to protect public health or safety. (b) Description of land The Federal land referred to in subsection (a) is the following: (1) Grizzly peak primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Grizzly Peak Primitive Backcountry Area, Grizzly Peak Primitive Backcountry Area (2) Dakubetede primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 21,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Dakubetede Primitive Backcountry Area, Dakubetede Primitive Backcountry Area (3) Wellington wildlands primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Wellington Wildlands Primitive Backcountry Area, Wellington Wildlands Primitive Backcountry Area (4) Mungers butte primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Mungers Butte Primitive Backcountry Area, Mungers Butte Primitive Backcountry Area (5) Brummitt fir primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,000 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Brummitt Fir Primitive Backcountry Area, Brummitt Fir Primitive Backcountry Area (6) Crabtree valley primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Crabtree Valley Primitive Backcountry Area, Crabtree Valley Primitive Backcountry Area (c) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the land described in subsection (b) shall be limited to roads designated by the Secretary. (d) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the land described in subsection (b). (f) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (g) Land reclassification (1) In general The Secretary shall reclassify the approximately 3,600 acres of Federal generally depicted as Other BLM lands (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 116. Special Environmental Zones (a) Designation There are established special resources management units consisting of current and proposed areas of critical environmental concern managed by the Bureau of Land Management that are not otherwise designated by this Act, as generally depicted on the map entitled O&C Land Grant Act of 2013: Special Environmental Zones Special Environmental Zones Special Environmental Zones (b) Purposes The purposes of the Special Environmental Zones are to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values. (c) Administration The Secretary shall— (1) administer the Special Environmental Zones— (A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Special Environmental Zones that are consistent with the purposes described in subsection (b). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Special Environmental Zones shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Special Environmental Zones. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Effect on other laws If a Special Environmental Zone established by this section is located within an area designated by Congress for special management, the most restrictive provisions of Federal law shall apply. 117. Land ownership consolidation (a) In general The Secretary shall seek to consolidate Federal and non-Federal land by conveying the covered land and by acquiring private or State-owned land to create more contiguous blocks of land under the jurisdiction of the Secretary— (1) to improve the efficiency of management of the Federal land; (2) to facilitate resource management on the Federal land; or (3) to improve the conservation value of the Federal land. (b) Review Not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (1) as the result of location or other characteristic, is no longer necessary or appropriate for continued Federal management in accordance with this Act; or (2) is determined to facilitate achieving any of the purposes described in subsection (a). (c) Consultation with adjacent landowners As soon as practicable after completing the review and inventory under subsection (b), the Secretary shall consult with the owners of adjacent land to determine whether there is mutual interest in entering into land exchanges if the exchange will meet any of the purposes described in subsection (a). (d) Expedited land exchanges (1) In general If an owner of adjacent land described in subsection (c) expresses interest in participating in a land exchange under this section, the Secretary may complete that land exchange in accordance with paragraphs (2) through (5). (2) Public interest determination (A) In general If an owner of adjacent land described in subsection (c) proposes to the Secretary entering into a land exchange under this section, the Secretary shall, not later than 90 days after receiving the proposal, determine whether the public interest will be well-served by making the exchange. (B) Failure to make public interest determination If the Secretary fails to make the determination by the date described in subparagraph (A), 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— (i) a report explaining the reason why the determination has not been made; and (ii) every 30 days after the report described in clause (i) is submitted until the date on which the Secretary makes a determination, an updated report. (3) Exchange pending completion of appraisals If the Secretary determines that a proposed land exchange is in the public interest, the Secretary may allow for the Federal and non-Federal land to be exchanged pending completion of appraisals, subject to a binding commitment from the non-Federal landowner and any terms and conditions the Secretary may require to ensure that the values of the Federal and non-Federal land are ultimately equal or equalized in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) (4) Land of approximately equal value In order to expedite a land exchange that the Secretary has determined to be in the public interest under paragraph (2), the Secretary may use the authority to exchange land of approximately equal value in accordance with section 206(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(h) (5) Additional exchange authority The Secretary may exercise the authority under the Act of March 20, 1922 ( 16 U.S.C. 485 (e) Sale of public land (1) In general (A) Establishment The Secretary shall establish a program to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under this section. (B) Priority sales The Secretary shall prioritize the sales of land of those parcels identified by the Secretary as suitable for disposal as of the date of enactment of the Oregon and California Land Grant Act of 2013 Land Tenure, Zone 3 Western Oregon Forestry Land Tenure, Zone 3 (2) Sale procedures The sale of public land identified under subsection (a) shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 (3) Exceptions to competitive bidding requirements The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713(f) (f) Use of proceeds (1) In general Notwithstanding any other provision of law (other than a law that specifically provides for a portion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale under subsection (e) of land described in subsection (a) shall— (A) in the case of land sold within a forestry emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Forestry Emphasis Areas Acquisition Account (B) in the case of land sold within a conservation emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Conservation Emphasis Areas Acquisition Account (2) Availability Amounts in the accounts described in paragraph (1) shall be available to the Secretary, without further appropriation, to purchase land or interests in land, from willing sellers only, if acquisition of the non-Federal land will meet 1 or more of the purposes described in subsection (a). (3) Administrative expenses An amount not to exceed 20 percent of the funds deposited in the accounts described in paragraph (1) may be used by the Secretary for administrative and other expenses necessary to carry out the activities authorized in this section. (g) Balance in accounts The Secretary shall administer the balance in the accounts described in subsection (f)(1) as follows: (1) The Secretary shall not complete the sale of more than 5,000 acres of the land identified under subsection (b) prior to obligating funds from the accounts described in subsection (f)(1) for the acquisition of at least 1 parcel. (2) The Secretary shall seek to keep the balances in the accounts described in subsection (f)(1) low by using the funds in the accounts to acquire parcels as soon as practicable. (h) Acquired land (1) Forestry emphasis areas Any land or interest in land acquired using funds from the O&C Land—Forestry Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 103. (2) Conservation emphasis areas Any land or interest in land acquired using funds from the O&C Land—Conservation Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 105. 118. Categorical exclusions (a) In general Except as provided in subsection (c), the eligible activities described in subsection (b) that are conducted on covered land in accordance with this section shall be— (1) considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (2) exempt from administrative review. (b) Eligible activities The eligible activities referred to in subsection (a) consist of the following: (1) The placement of trees and portions of trees in streams to benefit fish species. (2) The planting of riparian vegetation with species of vegetation native to the State. (3) The replacement of culverts that— (A) impede fish passage; or (B) are unable to withstand a 100-year flood event. (4) The removal of any road that— (A) was not established by the Bureau of Land Management; and (B) was established less than 20 years before the date of removal of the road. (c) Exclusion of certain areas Subsection (a) does not apply to eligible activities located in— (1) a component of the National Wilderness Preservation System; (2) a wilderness study area; or (3) an area in which activities described in subsection (b) would be inconsistent with the applicable resource management plan. 119. Closure or decommissioning of Bureau of Land Management roads (a) Closure or decommissioning of BLM roads (1) In general The Secretary shall seek to close or decommission nonessential roads on covered land in a manner that, minimizes, to the maximum extent practicable, the hydrologic impact of the closure or decommissioning. (2) Priority In carrying out paragraph (1), the Secretary shall prioritize nonessential roads for closure or decommissioning, using the following criteria: (A) Nonessential roads that are most likely to cause the greatest magnitude of environmental harm, including— (i) roads located on steep slopes; (ii) roads located in a manner that cause, or are at a risk of causing, chronic sedimentation, road failure, landslides, or other environmental concerns (including roads with high densities of stream crossings); (iii) roads that pose public safety concerns; or (iv) roads that, if closed or decommissioned, would significantly enhance watershed function and wildlife habitat through the restoration of large blocks of habitat. (B) The usage of the nonessential road for administrative activities of the Bureau of Land Management or by the public. (C) The expenses necessary to complete the closure or decommissioning of the nonessential road. (b) Legacy roads and trails program (1) In general The Secretary shall establish a program to be known as the Legacy Roads and Trails (A) urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened, endangered, or sensitive species or community water sources; (B) urgently needed road repairs required due to recent storm events; or (C) the decommissioning of unauthorized roads that are not part of the transportation system. (2) Project selection (A) In general The Secretary shall use public input in the selection of projects and display its selection process on the website of the Bureau of Land Management. (B) Priorities In selecting projects under this subsection, the Secretary shall give priority to— (i) decommissioning and repairing roads and trails in environmentally sensitive areas; and (ii) areas in which roads may be contributing to water quality problems in streams and water bodies the support threatened or endangered species, or species considered sensitive by the Secretary. (3) Report to Congress Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the projects selected for completion in the following 2 fiscal years. (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2013 through 2023. 120. Special management and research areas (a) In general The Secretary shall designate 50,000 acres across 2 to 5 sites in both moist forests and dry forests to be comanaged by the Secretary and Oregon State University as special management and research areas in accordance with the criteria described in subsection (b). (b) Criteria In designating land as special management and research areas under subsection (a), the Secretary shall designate— (1) 20 to 30 percent of land that is designated as Conservation Emphasis Areas (2) 70 to 80 percent of land that is designated as Forestry Emphasis Areas (3) land, to the maximum extent practicable, contiguous to other land designated under subsection (a); (4) land within close proximity of other land designated under subsection (a); (5) land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon; and (6) selected in consultation with Oregon State University. (c) Authorized projects Land designated under subsection (a) shall be used for the conducting by institutions of higher education in the State of research projects and demonstration projects that address— (1) increasing social awareness and knowledge of the environmental, social, and economic impacts on the implementation of ecological forestry on public land; (2) improving the health of rural communities and citizens; (3) reducing catastrophic fires and the degradation of ecosystem health; (4) increasing conservation with a landscape approach; and (5) understanding the riparian reserve approaches authorized under this Act. (d) Monitoring Work performed on land designated under subsection (a) shall include— (1) post-treatment monitoring of the effects of the treatments on the land; and (2) if practicable, monitoring of other projects implemented under this Act, including monitoring by— (A) diverse stakeholders; (B) collaborative groups; (C) Federal agencies; and (D) institutions of higher educations. (e) Institutions of higher education At least 10 percent of the authorized projects conducted annually under this section shall be conducted by an institution of higher education in the State other than Oregon State University. (f) Minimum acreage (1) In general At least 3,750 acres of the land designated under subsection (a) shall be treated during each 5-year period. (2) Failure to treat If the minimum acreage under paragraph (1) is not treated for two 5-year periods during a 20-year period, management of the land designated under subsection (a) shall revert to traditional management status by the Secretary. (g) Review The Bureau of Land Management State Director shall— (1) review and decide whether to permit each proposed treatment to be conducted as part of an authorized project; and (2) review for adequacy the paperwork required to be prepared for each treatment. (h) Effect Nothing in this section supersedes or modifies any provision of Federal law not expressly superseded or modified by this section. 121. Compliance (a) In general The Secretary shall establish guidelines to ensure that the following trees are not cut in the covered area in violation of this Act: (1) Nest trees. (2) Trees equal to or greater than 250 years of age measured at breast height. (3) Old growth trees less than 250 years of age measured at breast height. (b) Issuance of penalty to the contractor If a contractor cuts a tree described in paragraph (1) or (2) of subsection (a), the contractor shall make a payment to the Secretary equal to 3 times the value of that tree, as determined under subsection (c). (c) Valuation (1) In general The stumpage value of the 1 or more trees described in paragraph (1) or (2) of subsection (a) shall be used to calculate the amount of the payment to be made under subsection (b) in accordance with this subsection. (2) Volume of trees cut The volume of the trees cut shall be calculated using— (A) the Scribner Decimal C Log Rule; and (B) West-Side Scaling methods. (3) Stumpage value of trees (A) In general The stumpage value of the trees cut shall be determined using the Log Price Report or other similar document prepared regularly by the Oregon Department of Forestry in accordance with this subsection. (B) Stumpage value The stumpage value of the trees used shall be based on the average price paid by mills on delivery for similar trees harvested— (i) in the same calendar year quarter that the trees cut were discovered to be in violation of this Act; and (ii) in the same region of the State, as determined by the Oregon Department of Forestry. (C) Transportation costs The costs of transporting the cut trees to a mill shall not be considered when determining the value of the trees under this subsection. (d) Penalty system (1) In general Subject to paragraph (2), not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013 (2) Restrictions (A) In general The penalty system under paragraph (1) shall allow for some de minimis quantity of trees described in that paragraph, as determined by the Secretary, to be determined to be trees cut in error and not subject to penalty. (B) Modification of penalty system If the quantity of trees described in paragraph (1) that are cut by a contractor is greater than twice the de minimis quantity established by the Secretary, the Secretary shall, after public notice and opportunity to comment for a period of 30 days, revise the penalty system accordingly. 122. Review by advisory panel (a) In general Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 (1) the effect on forest health; (2) the effect on watershed health; (3) impacts to early and late successional habitat; and (4) the effectiveness of the riparian reserves. (b) Report Not later than 180 days after the date on which a panel is convened under subsection (a), the panel shall submit to Congress a report that includes recommendations with respect to the implementation of this Act, including recommendations for any additional legislation needed to implement this Act. 123. Transition (a) In general During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 transition period (b) Management (1) In general Except as provided in paragraph (2), during the transition period, the Secretary shall manage the covered land, including continuing to plan timber sales and restoration projects, in accordance with the designations, allocation, and requirements of this Act. (2) Pending timber sales Timber sales for which an environmental impact statement, environmental assessment, or categorical exclusion documentation required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. Oregon and California Land Grant Act of 2013 (c) Special administrative review process The procedures established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) shall be the only process to administratively challenge projects during the transition period. (d) Existing contracts (1) In general Any work or timber contract sold or awarded by the Secretary on or with respect to covered land before the date of enactment of the Oregon and California Land Grant Act of 2013 (2) Administration The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a contract described in paragraph (1). (e) Existing access rights (1) In general During the transition period, the Secretary shall preserve all rights of access and use of covered land (including reciprocal rights-of-way agreements, tail hold agreements, or other right-of-way or easement obligations) existing on the date of enactment of the Oregon and California Land Grant Act of 2013 (2) Administration Rights described in paragraph (1) shall remain applicable to covered land in the same manner and to the same extent as the rights applied before the date of enactment of the Oregon and California Land Grant Act of 2013 124. Effect Nothing in this Act affects any private ownership or rights, including rights-of-way and tribal treaty rights, or terminates any valid lease, permit, patent, or other right of authorization existing on the date of enactment of the Oregon and California Land Grant Act of 2013 . 102. Distribution of funds (a) In general Title II of the Oregon and California Land Grant Act ( 43 U.S.C. 1181f II Distribution of funds 201. Distribution of funds (a) Fund Effective for fiscal year 2014 and each fiscal year thereafter, all funds deposited in the Treasury in the special fund designated the Oregon and California Railroad Land-Grant Fund (b) General fund Subject to subsection (d)(4)(C), as soon as practicable after the end of each fiscal year described in subsection (a), $4,000,000 of all amounts received for the applicable fiscal year by the Secretary from the covered land shall be transferred to the general fund of the Treasury. (c) Administrative costs (1) In general Subject to paragraph (2) and subsection (d)(4)(C), all amounts received for the applicable fiscal year by the Secretary from the covered land shall be used to pay for the management and administrative expenses for, and capital improvement costs on, covered land. (2) Limitations The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph (1) shall not exceed— (A) 25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered land during the fiscal year; or (B) $20,000,000. (d) Payments to counties (1) In general All amounts received for the applicable fiscal year by the Secretary from the covered land during a fiscal year that is in excess of the amount necessary to carry out subsections (b) and (c) shall be provided to the counties that contain covered land (referred to in this subsection as a covered county (2) Timing Payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year. (3) Other county funds Payments made to covered counties under this subsection shall be used as other county funds. (4) Amount (A) In general Subject to subparagraphs (B) and (C), for each fiscal year described in subsection (a), the amount of payments allocated under this subsection to each covered county for a fiscal year shall be equal to the ratio that— (i) the assessed value of covered land in the covered county for fiscal year 1915; bears to (ii) the assessed value of covered land in all covered counties for fiscal year 1915. (B) Nonassessed land For purposes of subparagraph (A), the portion of the covered lands in each of the covered counties that was not assessed for fiscal year 1915 shall be considered to have been assessed at the average assessed value of the covered land in the covered county. (C) Minimum amount (i) In general Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this subsection, to the extent practicable, shall not be less than the payment that the covered county would have received solely under this Act for fiscal year 2013 if the covered county had elected to receive payment under this Act and not under any other law. (ii) Use of general fund share If the portion of revenues to be provided to a covered county for a fiscal year is less than the amount described in clause (i), the payment made to the Treasury for the fiscal year under subsection (b) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for the covered county. (iii) Use of administrative costs share If the minimum payments required under clause (i) could not be made to all covered counties after the payment made to the Treasury is reduced under clause (ii), the payment made for administrative expenses for the fiscal year under subsection (c) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for all covered counties. . (b) Effective date The amendment made by subsection (a) takes effect on October 1, 2013. 103. Wild and Scenic River designations (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Nestucca river, oregon The approximately 15-mile segment from its confluence with Ginger Creek downstream until it crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (209) Walker creek, oregon The approximately 3-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (210) North fork silver creek, oregon The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (211) Jenny creek, oregon The approximately 20-mile segment from the Bureau of Land Management boundary located at the north boundary of the southwest quarter of the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border, to be administered by the Secretary of the Interior as a scenic river. (212) Spring creek, oregon The approximately 1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river. (213) Lobster creek, oregon The approximately 6-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. . (b) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraphs (208) through (213) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. II Tribal land A Oregon Coastal Land Conveyance 201. Definitions In this subtitle: (1) Federal land The term Federal land Oregon Coastal Land Conveyance (2) Planning area The term planning area (A) administered by the Director of the Bureau of Land Management; and (B) located in— (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Public domain land (A) In general The term public domain land public lands (B) Exclusion The term public domain land (4) Secretary The term Secretary (5) Tribe The term Tribe 202. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 203. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 204. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land Any real property taken into trust under section 202 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 25 U.S.C. 2701 et seq. 205. Forest management Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. 206. Land reclassification (a) Identification of Oregon and California Railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is conveyed under section 202. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that— (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. B Canyon Mountain Land Conveyance 211. Definitions In this subtitle: (1) Federal land The term Federal land Canyon Mountain Land Conveyance (2) Planning area The term planning area (A) administered by the Director of the Bureau of Land Management; and (B) located in— (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Public domain land (A) In general The term public domain land public lands (B) Exclusion The term public domain land (4) Secretary The term Secretary (5) Tribe The term Tribe 212. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 213. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 214. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land Any real property taken into trust under section 212 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 25 U.S.C. 2701 et seq. 215. Forest management Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. 216. Land reclassification (a) Identification of Oregon and California Railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is conveyed under section 212. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that— (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. C Amendments to Coquille Restoration Act 221. Amendments to Coquille Restoration Act Section 5(d) of the Coquille Restoration Act ( 25 U.S.C. 715c(d) (1) by striking paragraph (5) and inserting the following: (5) Management (A) In general Subject to subparagraph (B), the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall— (i) manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and (ii) distribute revenues in accordance with the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. (B) Administration (i) Unprocessed logs Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land. (ii) Sales of timber Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder. ; (2) by striking paragraph (9); and (3) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively. III Oregon treasures A Wild Rogue Wilderness Area 301. Wild Rogue Wilderness Area (a) Definitions In this section: (1) Commission The term Commission (2) Map The term map Wild Rogue Wilderness Additions (3) Secretary The term Secretary (A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to National Forest System land. (4) Wilderness additions The term Wilderness additions (b) Expansion of wild rogue wilderness area (1) Expansion The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the map as BLM Proposed Wilderness Proposed USFS Wilderness 16 U.S.C. 1132 (A) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable. (2) Map; legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1). (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. (3) Correction Section 3(b) of the Endangered American Wilderness Act of 1978 ( 16 U.S.C. 1132 3(a)(5) 3(a)(5)(A) (4) Withdrawal Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (5) Tribal rights Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe. (c) Potential addition to wilderness area (1) Designation Subject to paragraph (3) and in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public land in the State of Oregon administered by the Secretary of the Interior, compromising approximately 600 acres, as generally depicted on the map as Potential Wilderness (2) Interim management Subject to valid existing rights, the Secretary shall manage the land described in paragraph (1) to protect its suitability for designation as wilderness until the date on which the land is designated as wilderness in accordance with paragraph (3). (3) Wilderness designation (A) In general The land described in paragraph (1) shall be designated as wilderness and added to and administered as part of the Wild Rogue Wilderness on the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) Administration On designation as wilderness under paragraph (1), the land described in that paragraph shall be administered in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and Public Law 95–237 16 U.S.C. 1132 (4) Withdrawal Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Withdrawal area protections (1) In general The Secretary shall manage the Federal land described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. (2) Description of the land The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally depicted on the map as Withdrawal Area (3) Maps and legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the land described in paragraph (2). (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (4) Use of land (A) In general Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes described in paragraph (1). (B) Prohibited uses The following shall be prohibited on the Federal land described in paragraph (2): (i) Permanent roads. (ii) Commercial enterprises. (iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety— (I) the use of motor vehicles; or (II) the establishment of temporary roads. (5) Withdrawal Subject to valid existing rights, the Federal land described in paragraph (2) 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 or mineral materials. (e) Wild and scenic river designations, rogue river area (1) Amendments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (5) Rogue, oregon (A) In general The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President. (B) Additions In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River: (i) Kelsey creek The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (ii) East fork kelsey creek The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river. (iii) Whisky creek (I) Recreational river The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river. (II) Wild river The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river. (iv) East fork whisky creek (I) Wild river The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river. (II) Recreational river The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river. (v) West fork whisky creek The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river. (vi) Big windy creek (I) Scenic river The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river. (II) Wild river The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river. (vii) East fork big windy creek (I) Scenic river The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river. (II) Wild river The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river. (viii) Little windy creek The approximately 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. (ix) Howard creek (I) Scenic river The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river. (II) Wild river The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river. (x) Mule creek The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xi) Anna creek The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river. (xii) Missouri creek The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiii) Jenny creek The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiv) Rum creek The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xv) East fork rum creek The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river. (xvi) Wildcat creek The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xvii) Montgomery creek The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xviii) Hewitt creek The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xix) Bunker creek The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xx) Dulog creek (I) Scenic river The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river. (II) Wild river The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. (xxi) Quail creek The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxii) Meadow creek The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxiii) Russian creek The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxiv) Alder creek The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxv) Booze creek The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvi) Bronco creek The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvii) Copsey creek The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxviii) Corral creek The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxix) Cowley creek The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxx) Ditch creek The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river. (xxxi) Francis creek The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxii) Long gulch The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxxiii) Bailey creek The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river. (xxxiv) Shady creek The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxv) Slide creek (I) Scenic river The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river. (II) Wild river The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river. . (2) Management Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) (3) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Additional protections for rogue river tributaries (1) Licensing by commission The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in paragraph (4). (2) Other agencies (A) In general No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act. (B) Effect Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project— (i) the primary purpose of which is ecological or aquatic restoration; and (ii) that provides a net benefit to water quality and aquatic resources. (3) Withdrawal Subject to valid existing rights, the Federal land located within a 1/4 (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (4) Description of stream segments The following are the stream segments referred to in paragraph (1): (A) Kelsey creek The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34. (B) East fork kelsey creek The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5. (C) East fork whisky creek The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11. (D) Little windy creek The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34. (E) Mule creek The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25. (F) Missouri creek The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24. (G) Jenny creek The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28. (H) Rum creek The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9. (I) East fork rum creek The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10. (J) Hewitt creek The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19. (K) Quail creek The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1. (L) Russian creek The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20. (M) Ditch creek The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5. (N) Long gulch The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23. (O) Bailey creek The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14. (P) Quartz creek The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. (Q) North fork galice creek The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. (R) Grave creek The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (S) Centennial gulch The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River. (T) Galice creek The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River. B Devil’s Staircase Wilderness 311. Definitions In this subtitle: (1) Map The term map Devil’s Staircase Wilderness Proposal (2) Secretary The term Secretary (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (3) State The term State (4) Wilderness The term Wilderness 312. Devil’s Staircase Wilderness, Oregon (a) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and Bureau of Land Management land in the State, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Devil’s Staircase Wilderness (b) Map; legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (c) Administration Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness. (d) Fish and Wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management (1) In general Nothing in this section creates any protective perimeter or buffer zone around the Wilderness. (2) Activities outside wilderness The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness. (f) Protection of Tribal Rights Nothing in this section diminishes any treaty rights of an Indian tribe. (g) Transfer of administrative jurisdiction (1) In general Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the Forest Service. (2) Administration The Secretary shall administer the land transferred by paragraph (1) in accordance with— (A) the Act of March 1, 1911 (commonly known as the Weeks Law 16 U.S.C. 480 et seq. (B) any laws (including regulations) applicable to the National Forest System. 313. Wild and Scenic River designations, Wasson Creek and Franklin Creek, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (214) Franklin Creek, Oregon The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey recorded in the Official Records of Douglas County, Oregon, as M64–62, to be administered by the Secretary of Agriculture as a wild river. (215) Wasson Creek, Oregon The 10.1-mile segment in the following classes: (A) The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the Interior as a wild river. (B) The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the Secretary of Agriculture as a wild river. . C Additional wild and scenic river designations and technical corrections 321. Designation of Wild and Scenic River segments, Molalla River, Oregon (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Molalla river, oregon (A) In general The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: (i) Molalla river The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7. (ii) Table rock fork molalla river The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 (B) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials. . (b) Technical corrections Section 3(a)(102) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(102) (1) in the heading, by striking Squaw creek Whychus creek (2) in the matter preceding subparagraph (A), by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek (3) in subparagraph (B), by striking McAllister Ditch Plainview Ditch 322. Technical corrections to the Wild and Scenic Rivers Act Section 3(a)(69) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(69) (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking The 44.5-mile (A) Designations The 44.5-mile ; (3) in clause (i) (as so redesignated)— (A) by striking 25.5-mile 27.5-mile (B) by striking Boulder Creek at the Kalmiopsis Wilderness boundary Mislatnah Creek (4) in clause (ii) (as so redesignated)— (A) by striking 8-mile 7.5-mile (B) by striking Boulder Creek to Steel Bridge Mislatnah Creek to Eagle Creek (5) in clause (iii) (as so redesignated)— (A) by striking 11-mile 9.5-mile (B) by striking Steel Bridge Eagle Creek (6) by adding at the end the following: (B) Withdrawal Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. . 1. Short title; table of contents (a) Short title This Act may be cited as the Oregon and California Land Grant 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—Management on Oregon and California Railroad and Coos Bay Wagon Road grant land Sec. 101. Management of Oregon and California Railroad and Coos Bay Wagon Road grant land. Sec. 1. Short title. Sec. 2. Definitions. Sec. 3. Land management. Sec. 4. Aquatic and riparian protection. Sec. 5. Notice of intent. Sec. 6. Landscape prioritization plans. Sec. 7. Objections; O&C administrative review process; judicial review. Sec. 8. Moist Forestry Emphasis Area. Sec. 9. Dry Forestry Emphasis Area. Sec. 10. Conservation Emphasis Areas. Sec. 11. Land management rationalization. Sec. 12. Distribution of funds. Sec. 102. Designation of wild and scenic rivers. TITLE II—Tribal land Subtitle A—Oregon Coastal Land Conveyance Sec. 201. Definitions. Sec. 202. Conveyance. Sec. 203. Map and legal description. Sec. 204. Administration. Sec. 205. Forest management. Subtitle B—Canyon Mountain Land Conveyance Sec. 211. Definitions. Sec. 212. Conveyance. Sec. 213. Map and legal description. Sec. 214. Administration. Sec. 215. Forest management. Subtitle C—Amendments to Coquille Restoration Act Sec. 221. Amendments to Coquille Restoration Act. TITLE III—Oregon treasures Subtitle A—Wild Rogue Wilderness area Sec. 301. Wild Rogue Wilderness area. Subtitle B—Devil’s Staircase Wilderness Sec. 311. Definitions. Sec. 312. Devil’s Staircase Wilderness, Oregon. Sec. 313. Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon. Subtitle C—Additional wild and scenic river designations and technical corrections Sec. 321. Designation of wild and scenic river segments, Molalla River, Oregon. Sec. 322. Technical corrections to the Wild and Scenic Rivers Act. Subtitle D—Frank Moore Wild Steelhead Sanctuary Sec. 331. Definitions. Sec. 332. Frank Moore Wild Steelhead Sanctuary, Oregon. I Management on Oregon and California Railroad and Coos Bay Wagon Road grant land 101. Management of Oregon and California Railroad and Coos Bay Wagon Road grant land (a) In general The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. (1) by redesignating sections 2, 4, and 5 ( 43 U.S.C. 1181b (2) by striking the first section and inserting the following: 1. Short title This Act may be cited as the Oregon and California Land Grant Act of 2014 2. Definitions In this Act: (1) 80 Year old age class The term 80 year old age class, (2) 90 Year old age class The term 90 year old age class (3) Adjacent private land The term adjacent private land (A) contiguous to covered land as defined in this Act; or (B) situated so that it is reasonably necessary to use covered land as defined in this Act to access the privately owned land. (4) Agency action The term agency action section 551 (5) Archeological site The term archeological site 16 U.S.C. 470f (6) Conservation emphasis area The term Conservation Emphasis Area O & C Land Grant Act of 2014: Conservation Emphasis Areas (7) Covered agency action The term covered agency action (8) Covered civil action The term covered civil action (9) Covered land The term covered land Oregon and California Railroad and Coos Bay Wagon Road grant land covered lands O & C Land Grant Act of 2014 Land Management Rationalization covered land (10) Decommission The term decommission (A) removing or hydrologically disconnecting the road prism; (B) reestablishing vegetation on the former road prism; and (C) using the best available science to restore the integrity and form of associated hill slopes, channels, and floodplains. (11) Department The term Department (12) Dry forest emphasis areas The term Dry Forests Dry Forest O & C Land Grant Act of 2014: Moist Forests and Dry Forests Forestry Emphasis Area O & C Land Grant Act of 2014: Forestry Emphasis Areas (13) Forest health The term forest health (A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen events, 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. (14) Forest management The term forest management (A) timber harvesting, thinning, reforestation, vegetation and pest management, and other silvicultural activities; (B) development and harvest of other forest resources and products; (C) fire prevention and suppression activities; and (D) installing, constructing, maintaining, improving, and reconstructing— (i) roads; (ii) landings; (iii) yarding corridors and wedges; (iv) guyline supports; and (v) tail holds for permanent or temporary use that are reasonably necessary for prudent land management. (15) Late successional old-growth forest The term late successional old-growth forest 1/4 (16) Legacy tree The term legacy tree (17) Moist forestry emphasis area The term Moist Forestry Emphasis Area Moist Forest O & C Land Grant Act of 2014: Moist Forests and Dry Forests Forestry Emphasis Area O & C Land Grant Act of 2014: Forestry Emphasis Areas (18) Place into storage The term place into storage (A) to maintain the road in order to prevent resource damage; but (B) to alter the road to eliminate all vehicular traffic by— (i) for purposes of controlling erosion— (I) installing appropriate water control structures, such as water bars; or (II) ensuring the surface of the road slopes such that water quickly drains off the surface of the road; (ii) for purposes of preventing access by vehicles— (I) blocking the entrance of the road; and (II) scattering slash atop the road surface; and (iii) for purposes of restoring native vegetation— (I) scarifying lightly the surface of the road; (II) seeding the surface of the road, as needed; and (III) treating noxious weeds. (19) Residence The term residence (20) Salmon The term salmon (21) Secretary The term Secretary (22) Site-potential tree The term site-potential tree (23) Source water emphasis area The term Source Water Emphasis Area O&C Land Grant Act of 2014: Source Water Emphasis Areas (24) Sustained yield The term sustained yield 43 U.S.C. 1701 et seq. (25) Timber-by-product The term timber-by-product (26) Tree tipping and tree felling activity The term tree tipping and tree felling activity (27) Vegetation management project The term vegetation management project 3. Land management (a) In general Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179, chapter 47), any portion of the revested Oregon and California Railroad grant land or the reconveyed Coos Bay Wagon Road grant land that is under the jurisdiction of the Department, here to for part of the covered land as defined in this Act, shall be managed in accordance with this Act. (b) Management The purposes of lands managed through this Act are to provide collectively certainty and economic stability for local communities and industries, fish and wildlife benefits, improved ecological and hydrological function and health, improved forest health, municipal and community drinking water, permanent forest production for identified forestry areas, protection of watersheds and regulation of stream flow, and recreational opportunities. (c) Applicability of survey and manage requirements under the northwest forest plan The document entitled Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines (1) Dry Forestry Emphasis Area; or (2) Moist Forestry Emphasis Area. (d) Public domain and acquired land, coos bay wagon road lands, and land management rationalization lands Any Federal public land generally depicted as covered lands O & C Land Grant Act of 2014 43 U.S.C. 1181a et seq. (e) Restrictions regarding late successional old growth forest and legacy trees (1) In general The Secretary may not cut or remove late successional old-growth forests within any land designated under section 4(a)(3)(A) and (B), section 8, within the Late Successional Old Growth Heritage Forest Reserve or section 10 of this Act, allowing action— (A) for public safety purposes; or (B) to fulfill existing obligations pursuant to agreements affecting adjacent private lands. (2) Forest management of legacy trees (A) In moist forests (i) Legacy trees shall not be cut in areas designated under section 4(a)(3)(A) and (B), allowing action for— (I) safety purposes; or (II) tree tipping and felling activities. (ii) When legacy trees are located within a Moist Forest Emphasis Area the Secretary shall, to the greatest extent practicable, protect legacy trees by using them to meet the retention requirements applicable under section 8. (B) In dry forests When legacy trees are located within a Dry Forest Emphasis Area the Secretary shall where appropriate protect legacy trees by using trees to meet the retention requirements applicable under section 9. (f) Compliance with existing laws Nothing in this Act modifies any obligation— (1) of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (2) under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (4) under other law, except as expressly provided in this Act in regard to other law. (g) Effect on previous designations If there is a conflict between any portion of this Act and land protection designations included in the National Landscape Conservation System or boundaries for such designations, the more protective provision shall control. (h) Adjacent private land landowner actions (1) In general Without a permit from the Secretary, a person may enter and treat adjacent Federal land in a Dry or Moist Forestry Emphasis Area that is located within 100 feet of the residence of that person if— (A) the residence is in existence on the date of enactment of the Oregon and California Land Grant Act of 2014; (B) the treatment is carried out at the expense of the person; (C) the person notifies the Secretary of the intent to treat that land; and (D) the Secretary has adequate supervisory, monitoring, and enforcement resources to ensure that the person carries out the treatment activities in accordance with paragraph (3). (2) Notice (A) In general Not less than 30 days before beginning to treat land described in paragraph (1), the person shall notify, in writing, the Secretary of the intention of that person to treat that land. (B) Additional notification The person shall also notify the Secretary not less than 14 days before beginning the treatment. (C) Commencement On receiving a notification to treat land under paragraph (h), the Secretary, if the requirements of paragraph (1)(D) are satisfied, shall inform the person of the treatment requirements in paragraph (3). (3) Treatment A person treating land described in paragraph (1) shall carry out the treatment in accordance with the following requirements: (A) No dead tree, nest tree, legacy tree, or tree greater than 16 inches in diameter shall be cut. (B) No herbicide or insecticide application shall be used. (C) Vegetation shall be cut so that— (i) less flammable species are favored for retention; and (ii) the adequate height and spacing between bushes and trees are maintained. (D) Any residual trees shall be pruned— (i) to a height of the lesser of 10 feet or 50 percent of the crown height of the tree; and (ii) so that all parts of the tree are at not less than 10 feet away from the residence. (E) All slash created from treatment activities under this subparagraph shall be removed or treated not later than 60 days after the date on which the slash is created. (F) Any material of commercial value generated by the activity authorized in paragraph (1) is the property of the United States. (i) Redesignations of moist forestry emphasis area and dry forestry emphasis area lands (1) Authorization to redesignate (A) Evaluation required Not later than 5 years after the date of enactment of the Oregon and California Land Grant Act of 2014 and every 5 years thereafter, the Secretary— (i) shall evaluate the initial assignments of Dry Forest Moist Forest O&C Land Grant Act of 2014: Moist Forest and Dry Forest (ii) may, as the Secretary determines to be necessary and in accordance with the criteria described in paragraph (2)— (I) redesignate Moist Forestry Emphasis Area land as Dry Forestry Emphasis Area land; and (II) redesignate Dry Forestry Emphasis Area land as Moist Forestry Emphasis Area land. (B) Field examination In addition to adjustments authorized under subparagraph (A), the Secretary may adjust dry and moist forest assignments in specific locations within a vegetation management project based on an on-the-ground field examination by the Secretary. (2) Criteria (A) In general In redesignating land as Moist Forestry Emphasis Area or Dry Forestry Emphasis Area, the Secretary shall use the criteria described in this paragraph. (B) Moist forestry emphasis area For purposes of this subsection, land in the Moist Forestry Emphasis Area generally— (i) (I) would have historically experienced infrequent wildfires at intervals that are greater than 100 years; and (II) these wildfires would have included significant areas of partial or complete stand-replacement intensity; and (ii) dominated by 1 or more of the following plant association groups: (I) The Western Hemlock (Tsuga heterophylla) series. (II) The Sitka Spruce (Picea sitchensis) series. (III) The Western Red cedar (Thuja plicata) series. (IV) The Pacific Silver Fir (Abies amabilis) series. (V) The Mountain Hemlock (Tsuga mertensiana) series. (VI) The Subalpine Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series. (VII) The Tanoak (Lithocarpus densiflorus) series. (VIII) The Moist Grand Fir (Abies grandis) plant association group. (IX) The Moist White Fir (Abies concolor) plant association group. (C) Dry forestry emphasis area For purposes of this subsection, land in the Dry Forestry Emphasis Area generally— (i) (I) would have historically experienced relatively frequent wildfires; and (II) these wildfires would have been predominantly low or mixed in severity; and (ii) dominated by 1 or more of the following plant association groups: (I) The Moist Grand Fir (Abies grandis) plant association group. (II) The Moist White Fir (Abies concolor) plant association group. (III) The Ponderosa Pine (Pinus ponderosa) series. (IV) The Oregon White Oak (Quercus garryana) series. (V) The Douglas-fir (Pseudotsuga menziesii) series. (VI) The Jeffrey Pine (Pinus jeffreyi) series. (VII) The Dry Grand Fir (Abies grandis) plant association group. (VIII) The Dry White Fir (Abies concolor) plant association group. (D) Mixed forests (i) In general For purposes of this subsection, the Secretary may consider land that contains a Moist Grand Fir or a Moist White Fir plant association group as Moist Forestry Emphasis Area or Dry Forestry Emphasis Area based on the condition of the land, landscape context, or management goals. (ii) Mixed forests For land that meets criteria under both subparagraph (B) and (C), the Secretary may choose to categorize the land as either Moist Forestry Emphasis Area or Dry Forestry Emphasis Area to align with the designations of adjacent covered land. (3) Public comment In carrying out subsection (i)(1)(A), the Secretary shall provide the public a period of not less than 60 days to comment on a proposed redesignation of land. (j) Existing rights Notwithstanding any other section of this Act, nothing in this Act— (1) affects any private ownership or rights, including rights-of-way and reciprocal rights-of-way agreements, tail hold agreements, permits, easement obligations, and tribal treaty rights; or (2) affects the ability or process under which the Secretary can grant new permissions or terminates any valid existing lease, permit, patent, agreement, or other right of authorization, including new permissions for an existing lease, permit, patent, agreement, or other right of authorization for forest management activities, upon enactment of the Oregon and California Land Grant Act of 2014. (k) Jurisdiction Nothing in this Act affects the jurisdiction of the State of Oregon with respect to the management of fish and wildlife on public land in the State. (l) Pesticide use and fire protection (1) Pesticides may be used within the covered land, if the use— (A) is limited to plants listed by the Oregon Department of Agriculture as invasive plants; (B) is part of an integrated pest management plan; and (C) is restricted to the use of various ground-based systems that are designed to target only invasive plants. (2) The Secretary and the State of Oregon shall develop an agreement to provide fire protection on the covered lands, renegotiable every 5 years after the date of enactment to reassess fire protection needs. (m) Special management and research areas (1) In general The Secretary shall designate 50,000 acres across 2 to 5 sites in the covered land to include moist forests and dry forests, as generally depicted on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest (2) Criteria In designating land as special management and research areas under paragraph (1), the Secretary shall designate— (A) land that is designated as Forestry Emphasis Areas (B) land, to the maximum extent practicable, contiguous to other land designated under paragraph (1); (C) land within close proximity of other land designated under paragraph (1); (D) land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon; and (E) land selected in consultation with Oregon State University. (3) Authorized projects Land designated under paragraph (1) shall be used by institutions of higher education, primarily in the State of Oregon, for the conduct of research projects and demonstration projects that address— (A) increasing social awareness and knowledge of the environmental, social, and economic impacts on the implementation of ecological forestry on public land; (B) improving the health of rural communities and citizens; (C) reducing uncharacteristic fires and the degradation of ecosystem health; (D) increasing conservation with a landscape approach; (E) relative to the retention requirements at variable retention harvest, half of the Moist Forestry Emphasis Area will be managed under section 8(b)(4)(E) and half will be managed as under section 8(b)(2)(c); and (F) understanding and conducting research on riparian reserve approaches authorized under this Act. (4) Monitoring Work performed on land designated under paragraph (1) shall include pre- and post-treatment monitoring on the land. (5) Institutions of higher education At least 10 percent of the authorized projects conducted annually under this subsection shall be conducted by an institution of higher education other than Oregon State University. (6) Minimum acreage (A) In general At least 3,750 acres of the land designated under paragraph (1) shall be treated during each 5-year period. (B) Failure to treat If the minimum acreage under subparagraph (A) is not treated for 2 5-year periods during a 20-year period, management of the land designated under paragraph (1) shall revert to management by the Secretary. (7) Review The Secretary shall— (A) review and decide whether to permit each proposed treatment to be conducted as part of an authorized project under this subsection; and (B) review for adequacy the documentation required to be prepared for each treatment. (8) Calculation The Secretary shall estimate— (A) the quantity of timber that can be produced in the sustained yield base from the Moist Forestry Emphasis Area, not including riparian reserves established under section 4, late successional old-growth forest reserves and other reserves; and (B) the quantity of timber-by-product from the Moist Forestry Emphasis Area, including riparian reserves established under section 4, and the portions of the Dry Forest Emphasis Area covered by this section. (n) Transition (1) In general During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2014 and ending 90 days after the date on which the record of decision is completed under section 6, a transition period shall be in effect in accordance with this section. (2) Management (A) Existing contracts Any timber sale or agreement to perform work on covered land that was entered into by the Secretary before the date of enactment of the Oregon and California Land Grant Act of 2014 shall remain binding and effective according to the terms of the contract. (B) Pending timber sales Timber sales for which review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed or will be completed not later than 90 days following the date of enactment of the Oregon and California Land Grant Act of 2014 shall continue as planned. (C) Interim projects The Secretary may conduct vegetation management projects on the covered land during the transition period on the conditions that the vegetation management projects— (i) comply with the designations and requirements of this Act; and (ii) are reviewed pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), outside of the process described in section 7. (D) Administration The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a timber sale or work agreement described in paragraph (1) or (2). (3) Special administrative review process The procedures established under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 4. Aquatic and riparian protection (a) Aquatic conservation strategy (1) In general The Secretary shall carry out the Aquatic Conservation Strategy incorporated in its entirety by reference for covered lands as set forth in the Northwest Forest Plan 1994 Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, (hereinafter NWFP Aquatic Conservation Strategy (2) Program components modified In addition to those program components contained in the Aquatic Conservation Strategy of the NWFP, the aquatic conservation strategy under paragraph (1) shall also incorporate provisions for watershed analysis in accordance with paragraph (2)(A), and riparian reserve establishment and management within the Moist Forestry Emphasis Area or Dry Forestry Emphasis Area but that are not within Source Water Emphasis Areas or within Key Watersheds designated in the Aquatic Conservation Strategy in accordance with paragraph (3). (A) Watershed analysis (i) The Secretary shall develop appropriate management actions for a watershed, including adjustment of riparian reserve widths under subsection (b)(3)(A)(ii); and (ii) Within 90 days and via a contractor if necessary, determine the ecological importance of streams in the covered area using the following criteria: (I) The importance of the streams to salmonid and other native aquatic species. (II) The potential impacts of thermal loading. (III) The presence of areas of high erosion potential. (IV) The potential for the delivery and deposition of sediment and wood from upslope sources. (B) Vegetation management Vegetative management projects undertaken in riparian reserves or vegetative management projects or harvest undertaken in the outer riparian zone shall not cut or harvest trees in the 90 year age class or above. (3) Establishment and activities within one site-potential tree height of streams within forest emphasis areas as variations on section 4(a) (A) Riparian reserve (i) In general The Secretary shall establish within Forestry Emphasis Areas described in paragraph (2)(A) riparian reserves in accordance with clause (ii). (ii) Widths The widths of a riparian reserve established under clause (i) shall be as follows: (I) 1 site-potential tree or 150-feet slope distance, whichever is greater, from a fish-bearing stream of great ecological importance, as determined by the Secretary. (II) 1 site-potential tree or 150-feet slope distance, whichever is greater, from a nonfish-bearing stream of great ecological importance, as determined by the Secretary (III) 100-feet slope distance from a fish-bearing stream that is not a stream described in subclauses (I) and (II). (IV) 50-feet slope distance from a nonfish-bearing stream that is not a stream described in subclauses (I) and (II). (iii) Forest management activities The ecological forestry practices established in sections 8 and 9 of this Act shall apply the riparian reserves established in clause (ii) and the riparian management of section 4 of this Act. (B) Outer riparian zones (i) Establishment and management of the outer riparian zone (I) In general The outer riparian zone is the area between the riparian reserve established in clause (A)(ii) and one site-potential tree height. (II) Management The Secretary may carry out harvest in areas in the outer riparian zones using the standards for ecological forestry in Forestry Emphasis Areas subject to section 4(a)(3)(D) and other relevant provisions of this Act. (C) Tree-tipping and tree felling activities When harvesting timber within the outer riparian zone, the Secretary shall employ tree tipping and tree felling activities during the harvest to maintain wood recruitment to adjacent streams. (D) Tree retention levels in aquatic areas Not later than 60 days after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Geological Survey and the Administrator of the Environmental Protection Agency, shall establish minimum live and dead tree retention levels for thinning and other vegetation management projects consistent with the goals identified in subsection (a)(1). (4) Management activities for conservation area riparian reserves, key watersheds & source water emphasis areas Riparian reserves and reserve widths within the Conservation Emphasis Areas, source water emphasis areas, and Key Watersheds shall be managed to carry out the Aquatic Conservation Strategy as set forth in subsection (a)(1) without modifications set forth in subsection (a)(2). (5) Adjustment of riparian reserve widths and management (A) In general Not earlier than 5 years after the date of enactment of the Oregon and California Land Grant Act of 2014, and not more frequently than once each 5 years thereafter, the Secretary may adjust the riparian reserve widths established under paragraph (1), as well as the size of designated key watersheds, subject to the advice of the scientific committee established under subparagraph (B). (B) Scientific committee (i) Establishment The Secretary shall establish a scientific committee made up of scientific and land management expertise to determine whether the riparian reserve widths and management should be adjusted to better attain the goals and objectives of the Aquatic Conservation Strategy. (ii) Outside membership In addition to not more than 6 representatives of the Federal Government (including 1 representative of each of the Bureau of Land Management, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Environmental Protection Agency, the United States Forest Service, and the United States Fish and Wildlife Service), the scientific committee shall include 6 individuals, to be appointed by the Secretary, who— (I) are not full-time employees of the Federal Government; and (II) have expertise relating to aquatic and riparian ecosystems, as demonstrated by— (aa) an advanced degree in a related field; and (bb) subsequent relevant work experience. (iii) Duties The scientific committee shall make recommendations regarding whether the riparian reserve widths and management should be adjusted on individual bodies of water, and submit said recommendations to the Secretary in a report, taking into consideration— (I) the criteria listed in section 4(a)(2)(A)(ii); (II) additional criteria deemed appropriate; (III) new scientific information and understanding; and (IV) the need to manage covered lands per section 3(b). (iv) Public review & comment On receipt of the report under clause (iii), the Secretary shall— (I) make the report available to the public; and (II) provide a period of not less than 60 days for public comment regarding the recommendations contained in the report. (v) Decision to adjust After taking into consideration the report under clause (iii) and any public comments received under clause (iv)(II), the Secretary may adjust the riparian reserve width— (I) taking into consideration the recommendations included in the report, and the public comments; and (II) if the Secretary determines that the adjustment meet the aquatic goals established in the Aquatic Conservation Strategy under paragraph (a)(1) and would be in the public interest. (b) Roads (1) In general Except as provided in sections 3(e) and 3(j) of this Act, and paragraph (2) of this subsection, the Secretary shall not construct a road inside a riparian reserve. (2) Exceptions (A) Temporary roads The Secretary may construct a temporary road to enter a riparian reserve, including crossing a stream where necessary, to complete a vegetation management project, if— (i) there is no existing road system that can be used; (ii) it is not possible to construct a road outside of the riparian reserve; (iii) the temporary road is decommissioned no more than 2 years after it is constructed or and the project for which it was constructed is completed, whichever comes first; and (iv) any significant potential adverse impacts from the construction of any temporary road do not persist more than 1 year after the temporary road is decommissioned. (B) Permanent roads The Secretary may realign an existing road permanently inside a riparian reserve, including the replacement of stream crossings, if the Secretary determines that the realignment will maintain, restore, or improve aquatic or riparian ecosystems and water quality. (c) Stream improvement work (1) In general The Secretary may conduct certain activities on the covered land in accordance with this subsection. (2) Permitted activities (A) Tree tipping and felling activities During a vegetation management project, the Secretary may carry out tree tipping and tree felling activities within the riparian reserves in Dry Forestry Emphasis Areas or Moist Forestry Emphasis Areas as the Secretary determines necessary to improve habitat for aquatic species. (B) Woody debris augmentation The Secretary shall annually, subject to appropriations, use not less than $1,000,000, indexed for inflation, of amounts made available under section 12(c) to transport and place large trees in streams on Federal, State, or private land to improve fish habitat. (C) Native vegetation Within riparian reserves, the Secretary may only plant vegetation that is native to the site. (D) Culvert replacement The Secretary may replace a culvert that impedes the passage of fish or is unable to withstand a 100-year flood event. (3) Activities categorically excluded from review Except as provided in paragraph (4), each activity described in paragraph (2) shall be— (A) considered an action categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. section 1508.4 (B) exempt from administrative review. (4) Exclusion of certain areas Paragraph (3) does not apply to any activity located in— (A) a component of the National Wilderness Preservation System; (B) a component of the National Wild and Scenic Rivers System; (C) lands with wilderness characteristics as defined in the Bureau of Land Management Manual provisions 6310 and 6320; or (D) a Conservation Emphasis Area established by section 10 if the activity would be inconsistent with the purposes and values for which the area was established. 5. Notice of intent (a) In general Not later than 30 days after the date of enactment of the Oregon and California Land Grant Act of 2014, and every 5 years thereafter the Secretary shall publish in the Federal Register a notice of intent to prepare— (1) the landscape prioritization plan; and (2) the draft comprehensive environmental impact statements required under section 6(g)(2). (b) Public comment During the 45-day period beginning on the date of publication of the notice of intent under subsection (a), the Secretary shall solicit public comments regarding— (1) the scope and content of the documents described in subsection (a); and (2) the impacts that the Secretary should analyze regarding the alternatives in the draft comprehensive environmental impact statements described in subsection (a)(2). (c) Coordination with preparation of land use plans The Secretary shall include the notice of intent in the development or revision of a land use plan required under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 43 U.S.C. 1712 (d) Initiation of early planning and consultation agreement Not later than 30 days after the date on which a notice of intent is published under subsection (a), the Secretary of the Interior, the Secretary of Commerce, and the Administrator of the U.S. Environmental Protection Agency shall— (1) enter into an early planning and consultation agreement, including timelines, regarding the development of information, data and/or documents required to carry out this Act with— (A) the United States Fish and Wildlife Service; (B) the National Oceanic and Atmospheric Administration; (C) the Environmental Protection Agency; and (D) the U.S. Geological Survey; and (2) invite to serve as cooperating agencies or to provide comments regarding the notice of intent— (A) the State of Oregon; (B) Federally recognized Indian tribes with ancestral land or officially ceded lands in the covered land ; and (C) affected units of local government. 6. Landscape prioritization plans (a) In general Not later than 270 days after the date of enactment of the Oregon and California Land Grant Act of 2014, and every 5 years thereafter the Secretary, shall develop and make available to the public a landscape prioritization plan, which shall prioritize vegetation management projects and describe activities to be performed and areas to be established to satisfy landscape-related needs in the covered land— (1) as a part of the development or revision of a land use plan required under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (2) implement the landscape prioritization plan required in this section through the comprehensive environmental impact statements regardless of whether a revision of that land use plan has been completed. (b) Coordination The Secretary shall develop the landscape prioritization plan under this section under the agreement entered into under section 5(d) in coordination with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration to ensure that the landscape prioritization plan complies with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. 33 U.S.C. 1251 et seq. (c) Components (1) Projects in moist forestry emphasis area (A) In general Subject to subparagraph (B), the Secretary shall identify the locations of the vegetation management projects that the Secretary proposes to conduct in the Moist Forestry Emphasis Area for the length of each Landscape Prioritization Plan. (B) Requirements (i) In general For each consecutive 5-year period during the period described in subparagraph (A), the Secretary shall plan to conduct— (I) variable retention harvest consistent with this Act across stands that comprise 4 to 6 percent of the Moist Forestry Emphasis Area, subject to clause (ii); and (II) thinning activities consistent with this Act across stands in Moist Forest Emphasis Area (ii) Vegetation management projects The locations of the proposed vegetation management projects under clause (i)(I) shall be distributed across the Bureau of Land Management districts, to the extent practicable. (2) Projects in dry forestry emphasis area The Secretary shall identify the locations of the vegetation management projects consistent with ecological forestry principles the Secretary proposes to conduct in the Dry Forestry Emphasis Area for each consecutive length of the Landscape Prioritization Plan beginning on the date of enactment of the Oregon and California Land Grant Act of 2014. (3) Projects in conservation emphasis area The Secretary shall identify the locations of vegetation management projects, including habitat protection or restoration projects, the Secretary proposes to conduct in the Conservation Emphasis Area consistent with section 10 for the length of each Landscape Prioritization Plan beginning on the date of enactment of the Oregon and California Land Grant Act of 2014. (4) Specific information for projects (A) In general For each vegetation management project proposed by the Secretary, the Landscape Prioritization Plan shall include an identification of— (i) the location of forest stands to be treated; (ii) the approximate size and timing of the treatment in those stands; (iii) the specific vegetation treatment recommended for each forest stand; and (iv) the goals and objectives for any habitat protection or restoration projects. (B) Onsite reviews In addition to identifying forest stands under subparagraph (A), the Secretary shall conduct onsite reviews to verify, at a minimum— (i) riparian and aquatic parameters and assessments; (ii) any streams or aquatic resources within the specific stands; (iii) water quality; (iv) the presence of sensitive or special status species and habitats; (v) road conditions and information; and (vi) forest stand boundaries. (d) Public comment The Secretary shall solicit public comments regarding the landscape prioritization plan for a period of not less than 60 days after the date on which the Secretary makes the landscape prioritization plan available to the public. (e) Revised plan The Secretary shall revise the Landscape Prioritization Plan as the Secretary considers to be necessary, based on public comments received under subsection (d). (f) Monitoring and long-term evaluation (1) In general Each Landscape Prioritization Plan implementation shall be monitored annually, and evaluated every 5 years as a part of the development or revision of a resource management plan required under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.1712) for the covered land, with opportunity for public comment prior to finalizing the monitoring assessments. (2) Components of the monitoring assessment In preparing the monitoring assessment, the Secretary shall include assessments and reports on— (A) changes in the volume and quality of timber sold; (B) changes in water quality; (C) changes in recreation; (D) the effectiveness of fish and wildlife protections; (E) the effectiveness of measures to prevent uncharacteristic wildfire; and (F) changes in forest health and fish and wildlife habitat. (3) Components of landscape prioritization plan to be monitored and evaluated Each Landscape Prioritization Plan shall include for monitoring and evaluation a description of the Moist Forest Emphasis Areas and Dry Forest Emphasis Areas— (A) for Moist Forestry Emphasis Areas— (i) landscape-level plans depicting areas of the moist forest landscape that would result in a distribution of variable retention regeneration harvests to ensure the desired placement and the appropriate scale of vegetation management projects; and (ii) areas that will accelerate the development of complex forest structure, including opportunities to create spatial heterogeneity (such as creating skips and gaps), in a young stand that has a canopy that has closed and been simplified through past forest management; (B) for Dry Forestry Emphasis Areas— (i) a landscape-level plan depicting areas of dry forest landscape that will be left over the length of the Landscape Prioritization Plan in a denser condition beginning on the date of enactment of the Oregon and California Land Grant Act of 2014; and (ii) areas that will minimize and reduce the risk of uncharacteristic fire and insect events, and improve fire resiliency particularly if critical components and values are at risk, including— (I) communities 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, such as legacy trees and oak savannas that are in need of restoration or in danger from a potential fire risk; (C) for Conservation Emphasis Areas the Secretary shall describe and evaluate the landscape-level plan depicting areas of the Conservation Emphasis Areas that will be left in a more natural condition over the length of the Landscape Prioritization Plan beginning on the date of enactment of the Oregon and California Land Grant Act of 2014. (g) Annual monitoring The Secretary shall annually use not less than $1,000,000, adjusted for inflation, of the amounts made available under section 13(c) to monitor short-term and long-term changes in forest health, water quality, and fish and wildlife habitat. (h) Environmental compliance (1) In general The Secretary shall implement the Landscape Prioritization Plan, including priorities and vegetation management projects identified in a landscape prioritization plan under section 6(a), in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Draft comprehensive environmental impact statements Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2014, and every 5 years thereafter the Secretary shall publish notice in the Federal Register of the availability for public review of 2 draft comprehensive environmental impact statements for the vegetation management projects proposed to be carried out during the 5- year period, of which— (A) one shall cover the Moist Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 10— (i) the Conservation Network that is predominantly moist forest; (ii) the Late Successional Old-Growth Forest Heritage Reserves; (iii) the Drinking Water Special Management Units; (iv) the Molalla National Recreation Area; (v) the Crabtree Valley Primitive Backcountry Area; (vi) the Brummit Fir Primitive Backcountry Area; (vii) the Kilchis Wild Salmon Refuge Area; and (viii) the Protected Environmental Zones that are predominantly moist forest; and (B) one shall cover the Dry Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 10— (i) the Conservation Network that is predominantly dry forest; (ii) the Rogue Canyon National Recreation Area; (iii) the Illinois Valley Salmon and Botanical Area; (iv) the Grizzly Peak Primitive Backcountry Area; (v) the Dakubetede Primitive Backcountry Area; (vi) the Wellington Wildlands Primitive Backcountry Area; (vii) the Mungers Butte Primitive Backcountry Area; (viii) the Pacific Crest Trail Corridor; (ix) the Applegate Primitive Backcountry Area; and (x) the Protected Environment Zones that are predominantly dry forest. (3) Alternatives Each draft comprehensive environmental impact statement under this subsection shall analyze different locations for the relevant vegetation management projects under— (A) the no-action alternative; and (B) three other alternatives that are consistent with this Act. (4) Interagency coordination and cooperation The Secretary shall require the Directors of the U.S. Bureau of Land Management and the U.S. Fish and Wildlife Service to coordinate and cooperate between their agencies, and shall coordinate and cooperate with the Secretary of Commerce in developing each draft comprehensive impact statement under this subsection to ensure compliance with the Endangered Species Act of 1973 (16 U.S.C.1531 et seq.). (5) Public comment The Secretary shall solicit public comment regarding the draft comprehensive environmental impact statements under subsection (b) during the 60-day period beginning on the date on which the Secretary makes the draft comprehensive environmental impact statements available to the public. (6) Final comprehensive environmental impact statements Not later than 27 months after the date of enactment of the Oregon and California Land Grant Act of 2014, and 9 months after publication of subsequent draft comprehensive environmental impact statements the Secretary— (A) shall prepare 2 final comprehensive environmental impact statements for the vegetation management projects that have been identified in the draft comprehensive environmental impact statements in paragraph (2); (B) shall publish in the Federal Register a notice of availability for public review of the final comprehensive environmental impact statements; and (C) may publish the final comprehensive environmental impact statements in conjunction with the environmental impact assessments relating to the land use plan developed by the Bureau of Land Management for the covered land. (7) Records of decision Except as provided in section 7(a), not later than 60 days after the date on which a notice of availability of the final comprehensive environmental impact statements is published in the Federal Register, the Secretary shall issue a record of decision relating to the vegetation management projects analyzed in the final comprehensive environmental impact statements. 7. Objections; O&C administrative review process; judicial review (a) O&C administrative review process (1) In general During the 60-day period described in section 6(h)(7), an eligible person may file an objection to the final comprehensive environmental impact statement, or during the first 15 days of the 90-day period described in section 7(b) an eligible person may protest a proposed vegetation management project. This objection or protest must be used in lieu of any other appeal that may be available. A protest will be considered and treated as an objection in this subsection. (2) Eligibility To be eligible to file an objection to the final environmental impact statement or a protest for a proposed vegetation management project under paragraph (1), a person shall have submitted to the Secretary during the 60-day period described in section 6(h)(5) written comments that describe the objections to the action proposed under the final comprehensive environmental impact statement. (3) Eligible project level objections An objection to an individual vegetation management project may only be filed under paragraph (1) if the objector can show— (A) (i) a proposed activity under the vegetation management project is inconsistent with a record of decision; and (ii) the likely impacts of that activity are inconsistent with the impacts analyzed in the final comprehensive environmental impact statement; (B) the vegetation management project violates the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (C) (i) in the circumstance of new information, changed circumstances, or changed conditions on a particular project that may result in significant negative environmental impacts that were not encompassed in the analysis in the applicable final comprehensive environmental impact statement; and (ii) those circumstances were not considered in the final comprehensive environmental impact statement. (4) Response The Secretary shall respond in writing to an objection filed under paragraph (1) not later than 30 days after the date on which the objection is filed. (5) Supplement In response to an objection filed under paragraph (1), the Secretary may supplement the final comprehensive environmental impact statement or the draft Record of Decision to reflect the objection. (6) Timing of record of decision If a person files an objection under section 7(a)(1) relating to a final comprehensive environmental impact statement, the Secretary shall publish a record of decision for that final comprehensive environmental impact statement— (A) immediately after the Secretary responds to the objection; or (B) as soon as practicable after the date on which the Secretary supplements the final comprehensive environmental impact statement to reflect that objection under section 7(a)(4). (b) Delay of implementation The Secretary shall not offer for a bid or implementation a vegetation management project pending the disposition of the objection. Not less than 90 days prior to actual commencement of the project, notice of a bid or implementation shall be published in the Federal Register and mailed electronically to each person that submitted comments on a comprehensive environmental impact statement and requested a reply. (c) Judicial review (1) In general A person may only challenge a covered agency action in a United States district court by bringing a covered civil action. (2) Venue Venue for any covered civil action shall lie in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia. (3) Additional standing requirements for nepa A person shall only have standing to bring a covered civil action under paragraph (1) for claims under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if that person filed an objection under subsection (a)(1). (4) Eligibility A reviewing court under this subsection shall not consider any issue in a covered civil action unless the issue has previously been raised, in the discretion of the court, in writing in the administrative review process described in section 7(a) or through other judicial notice provisions required by Federal law. (5) Limitation of actions A covered civil action shall not be maintained unless the covered civil action commenced not later than 75 days after the date on which the covered agency action to which the covered civil action relates is final. (6) Expedited proceedings (A) In general Congress expects that judicial review of covered actions will be based on review of the administrative record prepared by the Secretary. (B) Disposition The disposition of the complaint, by summary judgment or any other mechanism, shall commence not later than 190 days after the date on which the covered civil action is commenced. (C) Expeditious completion of judicial review Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in a covered civil action with the goal of rendering a final determination on the merits of the covered civil action as soon as practicable after the date on which a complaint or appeal is filed to initiate the action. (7) Applicability Except as otherwise provided in this section, judicial review of a covered agency action shall be conducted in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act 8. Moist Forestry Emphasis Area (a) In general (1) Conformity with principle of sustained yield Timber from the Moist Forestry Emphasis Area shall be sold, cut, and removed in conformity with the principle of sustained yield as defined by the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (2) Production levels The Secretary shall maintain the highest consistent timber production levels that can be sustained under ecological forestry principles and other provisions described in this Act. (3) Calculation (A) In general The Secretary shall calculate — (i) the sustained yield and identify the quantity of timber the Secretary can produce as part of the draft comprehensive environmental impact statement required under this Act for the Moist Forestry Emphasis Area, not including riparian reserves established under section 4; and (ii) the quantity of timber as a by-product the Secretary can produce, as part of the Moist Forestry Emphasis Area, including riparian reserves established under section 4, and the portions of the Conservation Emphasis Area, as described in the draft comprehensive environmental impact statement under section 6(h)(2). (B) Requirements The Secretary shall— (i) calculate the quantities under clauses (i) and (ii) of subparagraph (A) in 5-year increments; and (ii) in calculating that quantity, classify the volume of timber that could be offered from the various areas defined in subparagraph (A). (b) Management of moist forestry emphasis area (1) In general Moist Forestry Emphasis Areas shall be managed in accordance with the principles of ecological forestry. (2) Ecological forestry principles for moist forestry emphasis areas The ecological forestry principles referred to in paragraph (1) relate to variable retention regeneration harvests and include— (A) the retention of legacy trees; (B) the acceleration of the development of structural complexity, including spatial heterogeneity, through the use of diverse silvicultural approaches, such as variable density and clump-based thinning prescriptions; (C) the implementation of variable retention regeneration harvesting activities that retain approximately 1/3 (D) the development and maintenance of early seral ecosystems with diverse species following harvesting activities through the use of less intense approaches to site preparation and tree regeneration and nurturing of diverse early seral ecosystems; and (E) the long-term establishment of a silvicultural system that includes the development and management of multiaged, mixed-species stands. (3) Variable retention regeneration harvest (A) In general The Secretary shall designate not less than 4 percent and not greater than 6 percent of the moist forests described in paragraph (1) as land on which the Secretary shall carry out during each 5 year period variable retention regeneration harvesting activities, consistent with— (i) this section and other provisions of this Act; (ii) the Endangered Species Act ( 16 U.S.C. 1531 et seq. (iii) the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as described in section 6. (4) Northwest forest plan application The Secretary shall identify 50,000 acres of Moist Forest Emphasis Area that— (A) have been previously subject to forest management; (B) whose trees are in the 80 year age class or younger; (C) are not within one site-potential tree height of any stream, or within a source water emphasis area or a key watershed under the NWFP; (D) are not within critical habitat; and (E) apply the implementation of variable retention regeneration harvesting activities that retain approximately 1/4 (c) Roads (1) In general The Secretary shall not increase the total quantity of mileage of permanent, system and non-system roads that are operational in the Moist Forestry Emphasis Area to a quantity greater than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014, excluding roads constructed pursuant to reciprocal rights of way agreements, easement obligations or other access rights of non-Federal parties in effect as of enactment of the Oregon and California Land Grant Act of 2014, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act. (2) System roads The Secretary— (A) may construct new system roads outside of the riparian reserves to carry out a vegetation management project under this Act; and (B) subject to the availability of appropriations and to the maximum extent practicable, shall reduce the quantity of mileage of system roads by decommissioning roads, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act, provided that decommissioning shall be done with an adjacent private landowner if— (i) the adjacent private landowner is a party to a reciprocal right-of-way agreement covering an area which includes the road in question; or (ii) the decommissioning would remove or increase the cost of vehicular access to the adjacent private lands. (3) Non-system roads Subject to the availability of appropriations, the Secretary shall annually reduce the total quantity of mileage of nonsystem roads. (4) Temporary roads If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of— (A) the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and (B) the date that is 1 year after the date on which the vegetation management project is completed. 9. Dry Forestry Emphasis Area (a) In general (1) The Secretary shall manage the Dry Forestry Emphasis Area to increase the resiliency of the stands by reducing the risk from uncharacteristic wildfires, droughts, and insect or disease events while maintaining consistent timber production levels that can be sustained under ecological forestry principles and other provisions described in this Act. (2) Conformity with principle of sustained yield Timber from the Dry Forestry Emphasis Area shall be sold, cut, and removed in conformity with the principle of sustained yield as defined by the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (3) Production levels The Secretary shall maintain the highest consistent timber production levels that can be sustained under ecological forestry principles and other provisions described in this Act. (4) Calculation (A) In general The Secretary shall calculate— (i) the sustained yield and identify the quantity of timber the Secretary can produce as part of the draft comprehensive environmental impact statement required under this Act for the Dry Forestry Emphasis Area, not including riparian reserves established under section 4; and (ii) the quantity of timber as a by-product the Secretary can produce, as part of the Dry Forestry Emphasis Area, including riparian reserves established under section 4, and the portions of the Conservation Emphasis Area, as described in the draft comprehensive environmental impact statement under section 6. (b) Requirements The Secretary shall maintain, restore, or improve conditions of tree density, tree composition, and tree size distribution that will result in a stand with a high level of resistance and resilience to uncharacteristic wildfires, droughts, and insect events. (c) Priority In carrying out vegetation management projects, the Secretary shall give priority to areas that contain important components, including— (1) communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (2) valuable forest structures, such as legacy trees and oak savannas that are in need of restoration or are in danger from uncharacteristic fire. (d) Management of dry forestry emphasis areas (1) In general Dry Forestry Emphasis Areas shall be managed in accordance with ecological forestry principles described in paragraph (2). (2) Ecological forestry principles in dry forests The ecological forestry principles referred to in paragraph (1) include— (A) the retention and improvement of the survivability of legacy trees through the reduction of adjacent fuels and competing vegetation to promote resilience against mortality from insects, disease, and fire; (B) the retention and protection of important structures such as large hardwoods, snags, and logs; (C) the reduction of overall stand densities through partial cutting in an effort— (i) to reduce basal areas to desired levels, particularly in overstocked stands; (ii) to increase the mean stand diameter; and (iii) to shift the composition of stands to fire- and drought-tolerant species; (D) the restoration of spatial heterogeneity through the variation of the treatment of stands, such as by leaving untreated patches, creating openings, and establishing tree clumps and isolated single trees; (E) the establishment of new tree cohorts of shade-intolerant species in created openings; (F) the harvesting of timber during the restoration process; (G) the maintenance of sustainable and fire-resilient conditions in perpetuity through both passive and active management of the dry forests in accordance with this subsection, including the treatment of activity fuels and other surface and ladder fuels and understory vegetation using prescribed fire, natural fire or mechanical activities; and (H) the retention of a basal area after a partial cut that is not less than 35 percent of the initial basal area of the sale. (e) Roads (1) In general The Secretary shall not increase the total quantity of mileage of system roads that are operational in the Dry Forestry Emphasis Area to a quantity greater than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014, excluding roads constructed pursuant to reciprocal rights of way agreements, easement obligations or other access rights of non-Federal parties in effect as of enactment of the Oregon and California Land Grant Act of 2014, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act. (2) System roads The Secretary— (A) may construct new system roads to carry out a vegetation management project; and (B) subject to the availability of appropriations, shall decommission or place into storage all system roads that the Secretary has not planned to use in the next 5 years for vegetation management projects or administrative purposes, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act, provided that decommissioning shall be done with an adjacent private landowner if— (i) the adjacent private landowner is a party to a reciprocal right-of-way agreement covering an area which includes the road in question; or (ii) the decommissioning would remove or increase the cost of vehicular access to the adjacent private lands. (3) Nonsystem roads Subject to the availability of appropriations, the Secretary shall annually reduce the total quantity of mileage of nonsystem roads by decommissioning. (4) Temporary roads If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of— (A) the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and (B) the date that is 1 year after the date on which the vegetation management project is completed. 10. Conservation Emphasis Areas (a) Conservation networks The approximately 690,000 acres of land managed by the Secretary, as generally depicted as Conservation Network O&C Land Grant Act of 2014: Conservation Network (b) Late successional old-growth forest heritage reserves The approximately 510,000 acres of land managed by the Secretary, as generally depicted on the map entitled O & C Land Grant Act of 2014: Late Successional Old-Growth Forest Heritage Reserves Late Successional Old-Growth Forest Heritage Reserves (c) Special management units (1) Designation For the purposes of ensuring the protection of the watersheds as a source of clean drinking water, to safeguard the water quality and quantity in the areas, and to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the watersheds, the following areas in the State of Oregon are designated as special management units for special management by the Secretary in accordance with subsection (h) and this subsection: (A) Mckenzie drinking water special management unit The approximately 12,042 acres of land managed by the Secretary , as generally depicted on the map entitled O&C Land Grant Act of 2014: McKenzie Source Water Emphasis Area McKenzie Drinking Water Special Management Unit (B) Hillsboro drinking water special management unit The approximately 1,243 acres of land managed by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Hillsboro Source Water Emphasis Area Hillsboro Drinking Water Special Management Unit (C) Clackamas drinking water special management unit The approximately 416 acres of land managed by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Clackamas Source Water Emphasis Area Clackamas Drinking Water Special Management Unit (D) Springfield drinking water special management unit The approximately 3,161 acres of land managed by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Springfield Source Water Emphasis Area Springfield Drinking Water Special Management Unit (2) Livestock The grazing of livestock shall not be allowed within a special management unit designated by paragraph (1). (d) National recreation areas For the purposes of protecting , conserving, and enhancing the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State of Oregon are designated as recreation areas for management by the Secretary in accordance with subsection (h): (1) Rogue canyon national recreation area The approximately 94,700 acres of Bureau of Land Management land, within the boundary generally depicted on the map entitled O&C Land Grant Act of 2014: Rogue Canyon National Recreation Area Rogue Canyon National Recreation Area (2) Molalla national recreation area The approximately 24,100 acres of Bureau of Land Management land, within the boundary generally depicted on the map entitled O&C Land Grant Act of 2014: Molalla National Recreation Area Molalla National Recreation Area (e) Special management areas For the purposes of protecting, preserving and enhancing the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, or cultural values of the areas or to preserve opportunities for primitive recreation, the following areas in the State of Oregon are designated for special management by the Secretary in accordance with subsection (h): (1) Illinois valley salmon and botanical special management area The approximately 15,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Illinois Valley Salmon and Botanical Area Illinois Valley Salmon and Botanical Special Management Area (2) Kilchis wild salmon refuge area The approximately 9,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Kilchis Wild Salmon Refuge Area Kilchis Wild Salmon Refuge Area (3) Smith river salmon restoration unit The purpose of this restoration unit is to ensure the protection, maintenance and restoration of the salmonid resources of these rivers segments. The riparian areas along the mainstem of the Smith River, from the confluence of Spencer Creek (Smith River mile 22.8), upstream to Clabber Creek (Smith River mile 60.5), which flows through the covered lands and the mainstem of the West Fork of the Smith River, from the confluence of W. Fork Smith river with the main stem Smith River (Smith River mile 34.5) upstream along the West Fork of the Smith River to the junction of Upper W. Fork Smith River Road (W. Fork Smith River mile 12.43), which flows through the covered lands, will be managed to under section 4(a)(1 of this Act without modifications under 4(a)(2). (4) Grizzly peak primitive backcountry special management area The approximately 2,100 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Grizzly Peak Primitive Backcountry Area Grizzly Peak Primitive Backcountry Special Management Area (5) Dakubetede primitive backcountry special management area The approximately 21,200 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Dakubetede Primitive Backcountry Area Dakubetede Primitive Backcountry Special Management Area (6) Wellington wildlands primitive backcountry special management area The approximately 5,700 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Wellington Wildlands Primitive Backcountry Area Wellington Wildlands Primitive Backcountry Special Management Area (7) Mungers butte primitive backcountry special management area The approximately 10,200 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Mungers Butte Primitive Backcountry Area Mungers Butte Primitive Backcountry Special Management Area (8) Brummit fir primitive backcountry special management area The approximately 2,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Brummit Fir Primitive Backcountry Area Brummit Fir Primitive Backcountry Special Management Area (9) Crabtree valley primitive backcountry special management area The approximately 2,100 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Crabtree Valley Primitive Backcountry Area Crabtree Valley Primitive Backcountry Special Management Area (10) Applegate primitive backcountry special management area The approximately 9,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Crabtree Valley Primitive Backcountry Area Crabtree Valley Primitive Backcountry Special Management Area (11) Protected environmental zone special management area The approximately 95,767 acres of land administered by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Special Environmental Zones Special Environmental Zone Special Management Area (f) Cascade-Siskiyou national monument expansion Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of land administered by the Director of the Bureau of Land Management generally depicted on the map entitled O&C Land Grant Act of 2014: Cascade-Siskiyou National Monument Expansion (g) Pacific crest trail protection corridor (1) Establishment There is designated in the State of Oregon a protective corridor for the Pacific Crest National Scenic Trail, to be known as the Pacific Crest Trail Protection Corridor 1/4 (2) Purposes The purposes of the Pacific Crest Trail Protection Corridor are to protect and enhance the recreational, scenic, historic, and wildlife values of the Pacific Crest National Scenic Trail in as natural and undeveloped a state as practicable. (3) Forest roads Forest roads crossing the Pacific Crest Trail Protection Corridor or within the Pacific Crest Trail Protection Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans. (h) Administration (1) Maps and legal descriptions (A) In general As soon as practicable after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary shall a prepare a map and legal description of each Conservation Emphasis Area. (B) Effect The maps and legal descriptions prepared under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions. (C) Public availability The maps and legal descriptions prepared under subparagraph (A) shall be available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Administration (A) Applicable law The Secretary shall administer each Conservation Emphasis Area— (i) in a manner that furthers the purposes for which the Conservation Emphasis Area was established; and (ii) in accordance with— (I) this subsection; (II) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (III) any other applicable Federal laws. (B) Uses The Secretary shall only allow uses of a Conservation Emphasis Area that are consistent with the purposes and values for which the Conservation Emphasis Area is established. (C) Withdrawal Subject to valid existing rights, all Federal surface and subsurface land within a Conservation Emphasis Area is withdrawn from— (i) all forms of entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) operation under the mineral leasing and geothermal leasing laws. (3) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around an area designated under this section. (4) Use of motorized vehicles The use of motorized vehicles within the Conservation Emphasis Areas shall be limited to roads allowed by the Secretary for such use, provided that the Secretary may allow off-road vehicle use in designated portions of the areas designated by this section if such use is consistent with the purposes and values for which the area was designated. (5) Forest management (A) In general Subject to subparagraph (B), in the Conservation Emphasis Area (other than a special management area designated by subsection (e)), the cutting, sale, or removal of timber may be permitted— (i) to the extent necessary to improve forest health in ways that also— (I) improve the habitats of threatened or endangered species or species considered sensitive by the Secretary over the long term after completion of the vegetation management project; or (II) in the case of harvests in moist forest sites, is conducted— (aa) through variable density and clump based thinning; (bb) in a manner that retains legacy trees; and (III) in the case of dry forests, through partial cutting in a manner that retains legacy trees; (ii) is also in furtherance of the purposes for which the Conservation Emphasis Area was established; or (iii) for de minimis personal or administrative use within a Conservation Emphasis Area established in subsection (a), if the use would not impact the purposes for which the Conservation Network was established. (B) Exceptions Notwithstanding subparagraph (A), forest thinning and vegetation treatments may be permitted in a special management area designated by subsection (e), if the purpose of the treatments is— (i) to improve forest health in a case in which the forest is threatened by uncharacteristic fire, an insect event, or disease; (ii) to improve or maintain recreational facilities and opportunities; or (iii) to protect public health or safety. (C) Calculation The Secretary shall calculate the quantity of timber that the Secretary would produce from the Conservation Emphasis Areas as a by-product of the conservation management, not including riparian reserves established under section 4 and Late Successional Old-Growth Heritage Reserves. (i) Roads (1) In general The Secretary, to the maximum extent practicable, shall decrease the total mileage of system roads that are operational in the Conservation Emphasis Areas to a quantity less than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014. The Secretary shall prioritize decreasing the mileage of the road network in order to reduce impacts to water quality from sediment delivered to streams by forest roads. (2) Temporary roads If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of— (A) the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and (B) the date that is 1 year after the date on which the vegetation management project is completed. (3) No new roads The Secretary shall prohibit any new system or nonsystem road within the Conservation Emphasis Areas and key watersheds under the NWFP after the date of enactment of the Oregon and California Land Grant Act of 2014 except as necessary, where no practicable alternative exists and subject to the availability of appropriations. The Secretary shall also prohibit the construction of any new road in any roadless area or areas with wilderness characteristics. (4) Roads in riparian areas Requirements in section 4(b) apply to riparian reserves in the Conservation Emphasis Areas. 11. Land management rationalization (a) In general The Secretary may exchange Federal land in the Moist Forestry Emphasis Area or the Dry Forestry Emphasis Area or the Conservation Emphasis Area or interests in the Federal land in the Emphasis Areas for adjacent non-Federal land or interests in the non-Federal land if— (1) the Federal land does not contain critical habitat for a species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (2) the Federal land is not identified in the landscape prioritization plan developed under section 6(a); (3) the Secretary determines that the land exchange would facilitate the administration of the Moist Forestry Emphasis Area or Dry Forestry Emphasis Area or the Conservation Emphasis Area; and (4) the Secretary determines that the land exchange is in the public interest, including, but not limited to, the acknowledgment that the consolidation of Federal land and non-Federal land and the enhancement of conservation values are in the in public interest. (b) Bureau of land management lands to the forest service (1) In general The approximately 25,000 acres of lands, as generally depicted as BLM to USFS O & C Land Grant Act of 2014: Land Management Rationalization (2) Management The Secretary of Agriculture, through the Chief of the Forest Service, shall manage the lands described in paragraph (1): (A) as other National Forest Systems lands and subject to the same statutes, regulations and policies; (B) as they have been generally managed under the Northwest Forest Plan and the appropriate Bureau of Land Management resource management plan at least until revised in a land and resource management plan revision; and (C) under any specific statutes that may apply to any of these lands. (3) National forest boundaries The Secretary of Agriculture, through the Chief of the Forest Service, shall adjust the official boundaries of the relevant national forests to accommodate the inclusion of the lands described in paragraph (1). (c) Forest service lands to the bureau of land management (1) Land for management rationalization between bureau of land management and forest service Not later than 30 days after the date of enactment of the Oregon and California Land Grant Act of 2014 O&C Land Grant Act of 2014: Land Management Rationalization (A) adjacent to existing Bureau of Land Management covered land under this Act; (B) facilitates management by reducing fragmentation and creating more contiguous parcels of lands for both the U.S. Forest Service and Bureau of Land Management lands; and (C) appropriate for designation into Moist or Dry Forestry Emphasis Areas as identified in this Act; and (D) not within— (i) inventoried roadless areas; (ii) wilderness or other designated conservation areas; or (iii) high-quality critical habitat. (2) Management The Secretary shall manage the lands described in subparagraph (1) under this Act, including section 4(a)(1) without modification under section 4(a)(2). (3) Land Management Rationalization within the Bureau of Land Management Not later than 30 days after completion of actions required under paragraph (1), the Secretary of Agriculture and the Secretary of the Interior shall identify for transfer to the Secretary of the Interior not less than 206,000 acres of Forest Service land ecologically associated with the acres identified in paragraph (1) and other covered lands, suitable for conservation protection. (4) Land allocation (A) Forest Emphasis Areas The Secretary shall allocate, as most appropriately consistent with this Act, the lands described in paragraph (3) into— (i) moist forestry emphasis area subject to the provisions of section 8; or (ii) dry forestry emphasis area subject to the provisions of section 9. (B) Conservation Emphasis Areas The Secretary shall designate the lands described in paragraph (3) as Conservation Emphasis Areas to be managed under section 10 and section 4(a)(1) without modification under section 4(a)(2) of this Act. (5) Report to congress (A) In general Within one year of the date of enactment of the Oregon and California Land Grant Act of 2014, 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 detailing how, after consideration of public comment in subparagraph (B), the lands described in paragraph (1) were allocated pursuant to paragraph (3). (B) Public comment Before submitting the report as required in subparagraph (A), the Secretary shall make a draft available for public comment for no less than 60 days. (d) Army corps of engineers lands to the bureau of land management (1) In general The approximately 3,502 acres of lands, as generally depicted as USACE to BLM O & C Land Grant Act of 2014: Land Management Rationalization (2) Management (A) Bureau of land management The Secretary shall— (i) allocate as appropriate the transferred lands that are not within the Elk Creek Wild and Scenic River management corridor, to the Dry Areas Conservation Network or the Moist Areas Conservation Network established in Sec. 10(a); and (ii) manage the transferred lands consistent with this Act. (B) Us army corps of engineers The Secretary of the Army, through the Corps of Engineers, will continue to have the obligation to maintain the safe condition of the Elk Creek Dam structure, rock piles and associated components, in an area of approximately 147.1 acres of the transferred lands. (e) Legacy roads and trails program (1) In general The Secretary shall establish a program to be known as the Legacy Roads and Trails (A) urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened, endangered, or sensitive species or community water sources; (B) urgently needed road repairs required due to recent storm events; or (C) the decommissioning of unauthorized roads that are not part of the transportation system. (2) Project selection (A) In general The Secretary shall— (i) consider public input in the selection of projects; and (ii) publish the selection process of the Secretary on the website of the Bureau of Land Management. (B) Priorities In selecting projects under this subsection, the Secretary shall give priority to decommissioning and repairing roads and trails in— (i) environmentally sensitive areas; and (ii) areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened or endangered species, or species considered sensitive by the Secretary. (3) Report to congress Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the projects selected for completion in the previous 2 fiscal years. (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 adjusted for inflation for each of fiscal years 2013 through 2023. 12. Distribution of funds (a) In general Effective for fiscal year 2014 and each fiscal year thereafter, all receipts generated from activities on covered land shall be collected, deposited in a separate fund in the Treasury designated the Oregon and California Railroad Grant Lands Fund 43 U.S.C. 1181f (b) General fund Subject to subsection (d)(4), as soon as practicable after the end of each fiscal year described in subsection (a), $4,000,000 of all amounts received by the Secretary for the applicable fiscal year from the covered land shall be transferred to the general fund of the Treasury. (c) Administrative costs (1) In general Subject to paragraph (2) and subsection (d)(4), all amounts received for the applicable fiscal year by the Secretary from the covered land shall be used to pay for the management of, administrative expenses for, and capital improvement costs for the covered land, including the protection or restoration of fish and wildlife habitat on the covered land. (2) Limitations The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph (1) shall not exceed— (A) 25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered land during the fiscal year; or (B) $20,000,000 in 2014 dollars indexed for inflation. (d) Payments to counties (1) In general All amounts received for the applicable fiscal year by the Secretary from the covered land during a fiscal year that is in excess of the amount necessary to carry out subsections (b) and (c) shall be provided to the counties that contain covered land (referred to in this subsection as a covered county (2) Timing Payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year. (3) Other county funds Payments made to covered counties under this subsection shall be used as other county funds. (4) Minimum amount (A) In general Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this subsection, to the extent practicable, shall not be less than the payment that the covered county would have received solely under this Act (as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2014) for fiscal year 2013 if the covered county had elected to receive payment under this Act and not under any other law. (B) Use of general fund share If the portion of revenues to be provided to a covered county for a fiscal year is less than the amount described in clause (i), the payment made to the Treasury for the fiscal year under subsection (b) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for the covered county. . (b) Conforming amendments (1) National landscape conservation system additions Section 2002(b)(2) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7202(b)(2) (A) in subparagraph (D), by striking and (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: (E) public land designated as Oregon and California Land grant land in the State of Oregon, administered by the Bureau of Land Management as conservation emphasis areas; and . (2) Settlement of controverted land status The first section of the Act of June 24, 1954 (68 Stat. 270, chapter 357; 43 U.S.C. 1181g (A) by striking are hereby declared to be revested Oregon and California Railroad grant lands; and said lands (B) by striking : Provided, 102. Designation of wild and scenic rivers (a) Designation of wild and scenic river segments (1) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Nestucca river, oregon The approximately 15.5-mile segment from its confluence with Ginger Creek downstream until it crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (209) Walker creek, oregon The approximately 2-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (210) North fork silver creek, oregon The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (211) Jenny creek, oregon The approximately 17.6-mile segment from the Bureau of Land Management boundary located at the north boundary of the southwest quarter of the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border, to be administered by the Secretary of the Interior as a scenic river. (212) Spring creek, oregon The approximately 1.1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river. (213) Lobster creek, oregon The approximately 5-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (214) Elk creek, oregon The approximately 7.3-mile segment from its confluence with Flat Creek near river mile 9, to the southern edge of the Army Corps of Engineers boundary in T. 33 S., R. 1 E., sec. 30, Willamette Meridian, near river mile 1.7, to be administered by the Secretary of the Interior as a scenic river. . (2) Administration (A) Lateral boundaries Notwithstanding section 3(b), the lateral boundaries of the scenic river area along Elk Creek shall include an average of not more than 640 acres per mile measured from the ordinary high water mark on both sides of the river. (B) Deauthorization The Elk Creek Project, authorized by the Flood Control Act of 1962 ( Public Law 87–874 (b) Elk river salmon emphasis area, elk river, oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (76) Elk, oregon The 63.1-mile segment to be administered by the Secretary of Agriculture in the following classes: (A) Mainstem The 17-mile segment from the confluence of the North and South Forks of the Elk to Anvil Creek as a recreational river. (B) North fork (i) The approximately 0.6 mile segment of the North Fork Elk from its source in sec.21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. (ii) The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river. (C) South fork (i) The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. (ii) The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river. (D) Other tributaries (i) Rock creek The approximately 1.7-mile segment of Rock Creek from its headwaters to its confluence with Elk River, as a wild river. (ii) Bald mountain creek The approximately 8-mile segment of Bald Mountain Creek from its headwaters, including Salal Spring to its confluence with Elk River, as a recreational river. (iii) South fork bald mountain creek The approximately 3.5-mile segment of South Fork Bald Mountain Creek from its headwaters to its confluence with Bald Mountain Creek, as a scenic river. (iv) Platinum creek The approximately 1-mile segment of Platinum Creek from— (I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and (II) 0.01 miles above Forest Service Road 5325 to its confluence with Elk River, as a wild river. (v) Panther creek The approximately 5.0-mile segment of Panther Creek from— (I) its headwaters, including Mountain Well, to 0.01 miles above Forest Service Road 5325, as a wild river; and (II) 0.01 miles above Forest Service Road 5325 to its confluence with Elk River, as a scenic river. (vi) East fork panther creek The approximately 3.0-mile segment of East Fork Panther Creek from it headwaters, to the confluence with Panther Creek, as a wild river. (vii) West fork panther creek The approximately 3.0-mile segment of West Fork Panther Creek from its headwaters to the confluence with Panther Creek as a wild river. (viii) Lost creek The approximately 1.0-mile segment of Lost Creek from— (I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and (II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river. (ix) Milbury creek The approximately 1.5-mile segment of Milbury Creek from— (I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and (II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river. (x) Blackberry creek The approximately 5.0-mile segment of Blackberry Creek from— (I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and (II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river. (xi) Mccurdy creek The approximately 1.0-mile segment of McCurdy Creek from— (I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and (II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river. and (xii) Bear creek The approximately 1.5-mile segment of Bear Creek from headwaters to the confluence with Bald Mountain Creek, as a recreational river. . (c) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraphs (208) through (215) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. II Tribal land A Oregon Coastal Land Conveyance 201. Definitions In this subtitle: (1) Federal land The term Federal land Oregon Coastal Land Conveyance (2) Planning area The term planning area (A) administered by the Director of the Bureau of Land Management; and (B) located in— (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; or (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Secretary The term Secretary (4) Tribe The term Tribe 202. Conveyance (a) In general Subject to valid existing rights, including rights-of-way and reciprocal rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey Not later than 180 days after the date of enactment of this Act, if the Secretary determines a survey to be necessary, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 203. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 204. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land Any real property taken into trust under section 202(a) shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 (25 U.S.C. 2701 et seq.). 205. Forest management (a) Applicable law Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. (b) Agreements The Tribe shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the land taken into trust under section 202(a) that provide for— (1) honoring existing reciprocal right-of-way agreements; (2) administrative access by the Bureau of Land Management; and (3) management of the parcels of the land taken into trust under section 202(a) that are acquired or developed under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.), consistent with section 8(f)(3) of that Act (16 U.S.C. 460l– 8(f)(3)). (c) Land use planning requirements On conveyance of the Federal land to the Tribe under section 202, the Federal land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. 43 U.S.C. 1181a et seq. B Canyon Mountain Land Conveyance 211. Definitions In this subtitle: (1) Federal land The term Federal land Canyon Mountain Land Conveyance (2) Planning area The term planning area (A) administered by the Director of the Bureau of Land Management; and (B) located in— (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; or (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Secretary The term Secretary (4) Tribe The term Tribe 212. Conveyance (a) In general Subject to valid existing rights, including rights-of-way and reciprocal rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 213. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 214. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land Any real property taken into trust under section 212 shall not be eligible, or used, for any gaming activity carried out under Public Law 100– 497 (25 U.S.C. 2701 et seq.). (c) Effect on timber sale contracts Nothing in this subtitle affects any timber sale contracts awarded as of the date of enactment of this Act. 215. Forest management (a) Applicable law Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. (b) Agreements The Tribe shall consult with the Director of the Bureau of Land Management and other parties as necessary to develop agreements to provide for access to the land taken into trust under section 212(a) that provide for— (1) honoring existing reciprocal right-of-way agreements; and (2) administrative access by the Bureau of Land Management. (c) Land use planning requirements On conveyance of the Federal land to the Tribe under section 212, the Federal land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. 43 U.S.C. 1181a et seq. C Amendments to Coquille Restoration Act 221. Amendments to Coquille Restoration Act Section 5(d) of the Coquille Restoration Act ( 25 U.S.C. 715c(d) (1) by striking paragraph (5) and inserting the following: (5) Management (A) In general Subject to subparagraph (B), the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall— (i) manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and (ii) distribute revenues in accordance with the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. (B) Administration (i) Unprocessed logs Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land. (ii) Sales of timber Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder. . (2) by striking paragraph (9); and (3) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively. III Oregon treasures A Wild Rogue Wilderness area 301. Wild Rogue Wilderness area (a) Definitions In this section: (1) Commission The term Commission (2) Map The term Map Wild Rogue Wilderness Additions (3) Secretary The term Secretary (A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to National Forest System land. (4) Wilderness additions The term Wilderness additions (b) Expansion of wild rogue wilderness area (1) Expansion The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the map as BLM Proposed Wilderness Proposed USFS Wilderness Public Law 95–237 16 U.S.C. 1132 (A) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable. (2) Map; legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1). (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. (3) Correction Section 3(b) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95–237; 92 Stat. 43) is amended by striking 3(a)(5) 3(a)(5)(A) (4) Withdrawal Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (5) Tribal rights Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe. (c) Potential addition to wilderness area (1) Designation Subject to paragraph (3) and in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public land in the State of Oregon administered by the Secretary of the Interior, compromising approximately 600 acres, as generally depicted on the map as Potential Wilderness (2) Interim management Subject to valid existing rights, the Secretary shall manage the land described in paragraph (1) to protect its suitability for designation as wilderness until the date on which the land is designated as wilderness in accordance with paragraph (3). (3) Wilderness designation (A) In general The land described in paragraph (1) shall be designated as wilderness and added to and administered as part of the Wild Rogue Wilderness on the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) Administration On designation as wilderness under paragraph (1), the land described in that paragraph shall be administered in accordance with this Act, the Wilderness Act ( 16 U.S.C. 1131 et seq. Public Law 95–237 (4) Withdrawal Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Withdrawal area protections (1) In general The Secretary shall manage the Federal land described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. (2) Description of the land The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally depicted on the map as Withdrawal Area (3) Maps and legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the land described in paragraph (2). (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (4) Use of land (A) In general Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes described in paragraph (1). (B) Prohibited uses The following shall be prohibited on the Federal land described in paragraph (2): (i) Permanent roads. (ii) Commercial enterprises. (iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety— (I) the use of motor vehicles; or (II) the establishment of temporary roads. (5) Withdrawal Subject to valid existing rights, the Federal land described in paragraph (2) 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 or mineral materials. (e) Wild and scenic river designations, rogue river area (1) Amendments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (5) Rogue, oregon (A) In general The segment of the river extending from the mouth of the River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President. (B) Additions In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River: (i) Kelsey creek The approximately 6.8-mile segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (ii) East fork kelsey creek (I) Scenic river The approximately 0.2-mile segment of East Fork Kelsey Creek from headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, as a scenic river. (II) Wild river The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river. (iii) Whisky creek (I) Recreational river The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river. (II) Wild river The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river. (iv) East fork whisky creek (I) Scenic river The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., as a scenic river. (II) Wild river The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river. (III) Recreational river The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river. (v) West fork whisky creek The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with the East Fork Whisky Creek, as a wild river. (vi) Big windy creek (I) Scenic river The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river. (II) Wild river The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river. (vii) East fork big windy creek (I) Scenic river The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river. (II) Wild river The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river. (viii) Little windy creek (I) Scenic river The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 34, Willamette Meridian, as a scenic river. (II) Wild river The approximately 1.9-mile segment of Little Windy Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 34, Willamette Meridian to the confluence with the Rogue River, as a wild river. (ix) Howard creek (I) Scenic river The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river. (II) Wild river The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river. (x) Mule creek (I) Scenic river The approximately 3.5-mile segment of Mule Creek from its headwaters downstream to the Wild Rogue Wilderness boundary as a scenic river. (II) Wild river The approximately 7.8-mile segment of Mule Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 29, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xi) Anna creek The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river. (xii) Missouri creek (I) Scenic river The approximately 3.1-mile segment of Mule Creek from its headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, as a scenic river. (II) Wild river The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiii) Jenny creek (I) Scenic river The approximately 3.1-mile segment of Jenny Creek from its headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28, Willamette Meridian, as a scenic river. (II) Wild river The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiv) Rum creek (I) Scenic river The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9., Willamette Meridian, as a scenic river. (II) Wild river The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xv) East fork rum creek (I) Scenic river The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10., Willamette Meridian, as a scenic river. (II) Wild river The approximately 1.3-mile segment of East Fork Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river. (xvi) Wildcat creek The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xvii) Montgomery creek The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xviii) Hewitt creek (I) Scenic river The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19.,Willamette Meridian, as a scenic river. (II) Wild river The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xix) Bunker creek The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xx) Dulog creek (I) Scenic river The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river. (II) Wild river The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. (xxi) Quail creek The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxii) Meadow creek The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxiii) Russian creek (I) Scenic river The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20., Willamette Meridian, as a scenic river. (II) Wild river The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxiv) Alder creek The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxv) Booze creek The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvi) Bronco creek The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvii) Copsey creek The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxviii) Corral creek The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxix) Cowley creek The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxx) Ditch creek The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river. (xxxi) Francis creek The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxii) Long gulch (I) Scenic river The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, as a scenic river. (II) Wild river The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxxiii) Bailey creek (I) Scenic river The approximately 1.4-mile segment of Bailey Creek from its headwaters to the Wild Rogue Wilderness boundary on the west section line of T. 34 S., R. 8 W., sec. 14, Willamette Meridian, as a scenic river. (II) Wild river The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river. (xxxiv) Shady creek The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxv) Slide creek (I) Scenic river The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river. (II) Wild river The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river. (xxxvi) Quartz creek The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek., as a scenic river. (xxxvii) North fork galice creek The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek, as a recreational river. . (2) Management Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) (3) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Additional protections for rogue river tributaries (1) Licensing by commission The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in paragraph (4). (2) Other agencies (A) In general No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act. (B) Effect Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project— (i) the primary purpose of which is ecological or aquatic restoration; and (ii) that provides a net benefit to water quality and aquatic resources. (3) Withdrawal Subject to valid existing rights, the Federal land located within 1/4 (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (4) Description of stream segments The following are the stream segments referred to in paragraph (1): (A) Kelsey creek The approximately 2.5-mile segment of Kelsey Creek from its headwaters to Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25. (B) Grave creek The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (C) Centennial gulch The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River. (D) Quail creek The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1., Willamette Meridian. (E) Ditch creek The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5.,Willamette Meridian. (F) Galice creek The approximately 2.2-mile segment of Galice Creek from the confluence with the South Forest Galice Creek downstream to the confluence with the Rogue River. B Devil’s Staircase Wilderness 311. Definitions In this subtitle: (1) Map The term map Devil’s Staircase Wilderness Proposal (2) Secretary The term Secretary (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (3) State The term State (4) Wilderness The term Wilderness 312. Devil’s Staircase Wilderness, Oregon (a) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (b) Map; legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (c) Administration Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness. (d) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management (1) In general Nothing in this section creates any protective perimeter or buffer zone around the Wilderness. (2) Activities outside wilderness The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness. (f) Protection of tribal rights Nothing in this section diminishes any treaty rights of an Indian tribe. (g) Transfer of administrative jurisdiction (1) In general Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the Forest Service. (2) Administration The Secretary shall administer the land transferred by paragraph (1) in accordance with— (A) the Act of March 1, 1911 (commonly known as the Weeks Law 16 U.S.C. 480 et seq. (B) any laws (including regulations) applicable to the National Forest System. 313. Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (215) Franklin creek, oregon The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey recorded in the Official Records of Douglas County, Oregon, as M64–62, to be administered by the Secretary of Agriculture as a wild river. (216) Wasson creek, oregon The 10.1-mile segment in the following classes: (A) The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the Interior as a wild river. (B) The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the Secretary of Agriculture as a wild river. . C Additional wild and scenic river designations and technical corrections 321. Designation of wild and scenic river segments, Molalla River, Oregon (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (217) Molalla river, oregon (A) In general The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: (i) Molalla river The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7. (ii) Table rock fork molalla river The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 (B) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials. . (b) Technical corrections Section 3(a)(102) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(102) (1) in the paragraph heading, by striking Squaw creek Whychus Creek (2) in the matter preceding subparagraph (A), by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek (3) in subparagraph (B), by striking McAllister Ditch Plainview Ditch 322. Technical corrections to the Wild and Scenic Rivers Act Section 3(a)(69) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(69) (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking The 44.5–mile (A) Designations The 44.5–mile ; (3) in clause (i) (as so redesignated)— (A) by striking 25.5–mile 27.5–mile (B) by striking Boulder Creek at the Kalmiopsis Wilderness boundary Mislatnah Creek (4) in clause (ii) (as so redesignated)— (A) by striking 8–mile 7.5–mile (B) by striking Boulder Creek to Steel Bridge Mislatnah Creek to Eagle Creek (5) in clause (iii) (as so redesignated)— (A) by striking 11–mile 9.5–mile (B) by striking Steel Bridge Eagle Creek (6) by adding at the end the following: (B) Withdrawal Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. . D Frank Moore Wild Steelhead Sanctuary 331. Definitions In this subtitle: (1) Map The term Map (2) Secretary The term Secretary (3) State The term State 332. Frank Moore Wild Steelhead Sanctuary, Oregon (a) Designation The approximately 104,000 acres of Forest Service land in the State, as generally depicted on the map, is designated as the Frank Moore Wild Steelhead Sanctuary (b) Map; legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Frank Moore Wild Steelhead Sanctuary. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Administration Subject to valid existing rights, the area designated as the Frank Moore Wild Steelhead Sanctuary by this section shall be administered by the Secretary in accordance with the all laws (including regulations applicable to the National Forest System, and in addition for the purposes of protecting, preserving and enhancing the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the areas and to preserve opportunities for primitive recreation and especially to protect and enhance the wild salmonid resources of this area and maintain the watershed as a thermal refuge for native salmonids. (d) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management (1) In general Nothing in this section creates any protective perimeter or buffer zone around the Frank Moore Wild Steelhead Sanctuary. (2) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around an area designated under this section. (f) Protection of tribal rights Nothing in this section diminishes any treaty rights of an Indian tribe. (g) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the Frank Moore Wild Steelhead Sanctuary river segments designated by subsection (a) is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (h) Uses The Secretary shall only allow uses of the Frank Moore Wild Steelhead Sanctuary that are consistent with the purposes and values for which the Frank Moore Wild Steelhead Sanctuary is established. (i) Use of motorized vehicles The use of motorized vehicles within the Frank Moore Wild Steelhead Sanctuary shall be limited to roads allowed by the Secretary for such use, provided that the Secretary may allow off-road vehicle use in designated portions of the areas designated by this section if such use is consistent with the purposes and values for which the area was designated. (j) Roads (1) In general The Secretary, to the maximum extent practicable, shall decrease the total mileage of system roads that are operational in the Frank Moore Wild Steelhead Sanctuary to a quantity less than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014. The Secretary shall prioritize decreasing the mileage of the road network in order to reduce impacts to water quality from sediment delivered to streams by forest roads. (2) Temporary roads If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of— (A) the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and (B) the date that is 1 year after the date on which the vegetation management project is completed. (3) No new roads The Secretary shall prohibit any new system or nonsystem road within the Frank Moore Wild Steelhead Sanctuary and key watersheds under the NWFP after the date of enactment of the Oregon and California Land Grant Act of 2014 except as necessary, where no practicable alternative exists and subject to the availability of appropriations. The Secretary shall also prohibit the construction of any new road in any roadless area. December 11, 2014 Reported with an amendment

Oregon and California Land Grant Act of 2014

Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 - Directs the Consumer Product Safety Commission (CPSC) to establish a grant program to provide assistance to states that require compliant carbon monoxide alarms to be installed in dwelling units. Defines "compliant carbon monoxide alarm" as an alarm that complies with the American National Standard for Single and Multiple Station Carbon Monoxide Alarms as well as the American National Standard for Gas and Vapor Detectors and Sensors. Directs the CPSC, in selecting grant recipients, to give favorable consideration to states that: (1) require compliant alarms in specified facilities with fuel-burning appliances or attached garages, including educational facilities, childcare facilities, health care facilities, adult dependent care facilities, government buildings, restaurants, theaters, lodging establishments, or dwelling units; and (2) have strategies to protect vulnerable populations such as children, the elderly, or low-income households. Permits states receiving grants to use such funds to: (1) purchase and install such alarms in dwelling units of low-income families or elderly persons, childcare facilities, public schools, senior centers, or student dwelling units owned by public universities; (2) train state or local fire code enforcement officials regarding compliance and installation; and (3) educate the public about the risk of carbon monoxide poisoning. Authorizes appropriations for FY2015-FY2019 to carry out this Act. Requires the CPSC to submit reports to Congress regarding the implementation of the grant program.

To encourage States to require the installation of residential carbon monoxide detectors in homes, and for other purposes. 1. Short title This Act may be cited as the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 2. Findings Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to un­healthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, in residential homes and other dwelling units kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. 3. Definitions In this Act: (1) Carbon monoxide alarm The term carbon monoxide alarm (A) detects carbon monoxide; and (B) is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure. (2) Commission The term Commission (3) Compliant carbon monoxide alarm The term compliant carbon monoxide alarm (A) the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and (B) the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). (4) Dwelling unit The term dwelling unit (5) Fire code enforcement officials The term fire code enforcement officials (6) NFPA 720 The term NFPA 720 (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and (B) any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. 4. Grant program for carbon monoxide poisoning prevention (a) In general Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States and local governments to carry out the carbon monoxide poisoning prevention activities described in subsection (d). (b) Eligibility To be eligible for a grant under the program, a State or local government shall— (1) demonstrate to the satisfaction of the Commission that the State or local government has adopted a statute, or the State or local government agency has adopted a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State or local government by the fire code enforcement officials for such State or local government. (c) Grant amount; priority The Commission shall determine the amount of the grants awarded under this section, and shall give priority to applications from States or local governments that— (1) prioritize the installation of compliant carbon monoxide alarms in existing dwelling units— (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; (2) have developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households; and (3) demonstrate greater than average losses of life from carbon monoxide poisoning in the home. (d) Use of funds A State receiving a grant under this section may use grant funds— (1) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (2) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (3) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (4) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (e) Limitation on use of funds (1) Administrative costs Not more than 10 percent of any grant funds received under this section may be used to cover administrative costs not directly related to training described in subsection (d)(2). (2) Public outreach Not more than 25 percent of any grant funds received under this section may be used to cover costs of activities described in subsection (d)(4). (f) Authorization of appropriations (1) In general There is authorized to be appropriated to the Commission, for each of the fiscal years 2013 through 2017, $2,000,000, which shall remain available until expended to carry out this Act. (2) Retention of amounts Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2016, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act ( 15 U.S.C. 2051 (g) Commission report Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section. 1. Short title This Act may be cited as the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 2. Findings Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to un­healthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. 3. Definitions In this Act: (1) Carbon monoxide alarm The term carbon monoxide alarm (A) detects carbon monoxide; and (B) is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure. (2) Commission The term Commission (3) Compliant carbon monoxide alarm The term compliant carbon monoxide alarm (A) the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and (B) the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). (4) Dwelling unit The term dwelling unit (5) Fire code enforcement officials The term fire code enforcement officials (6) NFPA 720 The term NFPA 720 (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and (B) any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. (7) State The term State 15 U.S.C. 2052 4. Grant program for carbon monoxide poisoning prevention (a) In general Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States to carry out the carbon monoxide poisoning prevention activities described in subsection (e). (b) Eligibility For purposes of this section, an eligible State is any State that— (1) demonstrates to the satisfaction of the Commission that the State has adopted a statute or a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and (2) submits an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State by the fire code enforcement officials for such State. (c) Grant amount The Commission shall determine the amount of the grants awarded under this section. (d) Selection of grant recipients In selecting eligible States for the award of grants under this section, the Commission shall give favorable consideration to an eligible State that— (1) requires the installation of compliant carbon monoxide alarms in new or existing educational facilities, childcare facilities, health care facilities, adult dependent care facilities, government buildings, restaurants, theaters, lodging establishments, or dwelling units— (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; and (2) has developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households. (e) Use of grant funds (1) In general An eligible State receiving a grant under this section may use such grant— (A) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (B) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (C) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (D) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (2) Limitations (A) Administrative costs Not more than 10 percent of any grant amount received under this section may be used to cover administrative costs not directly related to training described in paragraph (1)(B). (B) Public outreach Not more than 25 percent of any grant amount received under this section may be used to cover costs of activities described in paragraph (1)(D). (f) Authorization of appropriations (1) In general Subject to paragraph (2), there is authorized to be appropriated to the Commission, for each of the fiscal years 2015 through 2019, $2,000,000, which shall remain available until expended to carry out this Act. (2) Limitation on administrative expenses Not more than 10 percent of the amounts appropriated or otherwise made available to carry out this section may be used for administrative expenses. (3) Retention of amounts Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2019, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act ( 15 U.S.C. 2051 (g) Report Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section. November 12, 2014 Reported with an amendment

Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013

(This measure has not been amended since it was passed by the Senate on June 26, 2014. The summary of that version is repeated here.) Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program; (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs; and (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an "unresolved audit finding" as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials. Directs the Deputy Attorney General to submit an annual report to the Senate and House Judiciary Committees on all approved conference expenditures. Amends the Victims of Crime Act of 1984 to permit surplus amounts in the Crime Victims Fund to be used only for a Victim Notification System and for the U.S. Attorneys Offices and the Federal Bureau of Investigation (FBI) to provide and to improve services for the benefit of crime victims in the federal criminal justice system (current law) through victim coordinators, victims' specialists, and advocates, including for the administrative support of such coordinators and advocates.

To reauthorize subtitle A of the Victims of Child Abuse Act of 1990. 1. Short title This Act may be cited as the Victims of Child Abuse Act Reauthorization Act of 2013 2. Improving investigation and prosecution of child abuse cases (a) Reauthorization Section 214B of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13004 (1) in subsection (a), by striking $15,000,000 for each of fiscal years 2004 and 2005 $17,500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018 (2) in subsection (b), by striking fiscal years 2004 and 2005 fiscal years 2014, 2015, 2016, 2017, and 2018 (b) Accountability Subtitle A of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq. 214C. Accountability All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding (B) Audit The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory Exclusion A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. (D) Priority In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. (E) Reimbursement If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall— (i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph, the term nonprofit organization (B) Prohibition The Administrator may not award a grant under any grant program described in this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure Each nonprofit organization that is awarded a grant under this subtitle and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph. . June 12, 2014 Reported without amendment

Victims of Child Abuse Act Reauthorization Act of 2013

Bureau of Reclamation Transparency Act - Directs the Secretary of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to: (1) maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau); and (2) standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Requires such Report to include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. Directs the Secretary to: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding the condition of, and planned maintenance for, transferred works; and (2) develop and implement a categorical rating system for transferred works. Reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this Act by $2 million.

To require the Secretary of the Interior to submit to Congress a report on the efforts of the Bureau of Reclamation to manage its infrastructure assets. 1. Short title This Act may be cited as the Bureau of Reclamation Transparency Act 2. Findings Congress finds that— (1) the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, hydropower, and recreation in the 17 Reclamation States; (2) as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000; (3) the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4) the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the Asset Management Plan (5) actionable information on infrastructure conditions at the project level, including information on maintenance needs and potential public safety threats at individual projects due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. 3. Definitions In this Act: (1) Asset Management Report The term Asset Management Report (A) the annual plan prepared by the Bureau of Reclamation known as the Asset Management Plan (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (2) Major repair and rehabilitation need The term major repair and rehabilitation need (3) Reclamation facility The term Reclamation facility (4) Reclamation project The term Reclamation project (5) Secretary The term Secretary 4. Asset management report enhancements (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) describes the efforts of the Bureau of Reclamation— (A) to manage all Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of managing Reclamation facilities; and (2) expands on the information otherwise provided in Asset Management Reports, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment (1) In general The report submitted under subsection (a) shall include— (A) a detailed assessment of major repair and rehabilitation needs at all Reclamation projects; and (B) to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include— (A) a cost estimate of the expenditures needed to complete each item; and (B) an assignment of a categorical rating of 1, 2, 3, 4, or 5 for each item, consistent with paragraph (3). (3) Rating requirements (A) In general The system for assigning ratings under paragraph (2)(B) shall be— (i) consistent with existing uniform categorization systems for the safety of dams projects; and (ii) subject to any regulations issued under subparagraph (B). (B) Regulations As soon as practicable after the date of enactment of this Act, the Secretary shall issue regulations that describe the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities. (4) Public availability Except as provided in paragraph (5), the Secretary shall make publically available, including on the Internet, the report required under subsection (a). (5) Confidentiality Subject to the discretion of the Secretary, the Secretary may exclude from the public version of the report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates Not later than 2 years after the date on which the report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the report, subject to the requirements of subsection (b). (d) Consultation The Secretary shall consult with the Secretary of the Army (acting through the Chief of Engineers) to the extent that the consultation would assist the Secretary in preparing the report under subsection (a) and updates to the report under subsection (c). 1. Short title This Act may be cited as the Bureau of Reclamation Transparency Act 2. Findings Congress finds that— (1) the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, municipal and industrial water, hydropower, flood control, fish and wildlife, and recreation in the 17 Reclamation States; (2) as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000; (3) the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4) the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the Asset Management Plan (5) actionable information on infrastructure conditions at the asset level, including information on maintenance needs at individual assets due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. 3. Definitions In this Act: (1) Asset (A) In general The term asset (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions The term asset (2) Asset Management Report The term Asset Management Report (A) the annual plan prepared by the Bureau of Reclamation known as the Asset Management Plan (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (3) Major repair and rehabilitation need The term major repair and rehabilitation need (4) Reclamation facility The term Reclamation facility (5) Reclamation project The term Reclamation project (6) Reserved works The term reserved works (7) Secretary The term Secretary (8) Transferred works The term transferred works 4. Asset management report enhancements for reserved works (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that— (1) describes the efforts of the Bureau of Reclamation— (A) to maintain in a reliable manner all reserved works at Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2) expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment (1) In general The Asset Management Report submitted under subsection (a) shall include— (A) a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and (B) to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include— (A) a budget level cost estimate of the appropriations needed to complete each item; and (B) an assignment of a categorical rating for each item, consistent with paragraph (3). (3) Rating requirements (A) In general The system for assigning ratings under paragraph (2)(B) shall be— (i) consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and (ii) subject to the guidance and instructions issued under subparagraph (B). (B) Guidance As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities. (4) Public availability Except as provided in paragraph (5), the Secretary shall make publically available, including on the Internet, the Asset Management Report required under subsection (a). (5) Confidentiality Subject to the discretion of the Secretary, the Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 5(b)(2). (d) Consultation The Secretary shall consult with the Secretary of the Army (acting through the Chief of Engineers) to the extent that the consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c). 5. Asset management report enhancements for transferred works (a) In general The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to the condition of, and planned maintenance for, transferred works that are similar to the reporting requirements described in section 4(b) (b) Guidance (1) In general After considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for reserved works developed under section 4(b)(3). (2) Updates The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 4(c). July 31, 2014 Reported with an amendment

Bureau of Reclamation Transparency Act

Aviation Security Stakeholder Participation Act of 2014 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish in the TSA an aviation security advisory committee. Requires the Assistant Secretary to consult with the Advisory Committee on aviation security matters. Requires the Advisory Committee to develop, upon the Assistant Secretary's request, recommendations to improve aviation security. Requires the Assistant Secretary to appoint to the Advisory Committee members representing up to 34 member organizations, including air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees as well as those representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors as well as labor organizations representing them, general aviation, privacy organizations, the travel industry, airport-based businesses, businesses that conduct security operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts. Establishes within the Advisory Committee: (1) an air cargo security subcommittee; (2) a general aviation subcommittee; (3) an airport perimeter security and access control subcommittee; and (4) a security technology subcommittee. Requires all subcommittees to consider risk-based security approaches in the performance of their functions with respect to transportation security.

To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to establish an Aviation Security Advisory Committee, and for other purposes. 1. Short title This Act may be cited as the Aviation Security Stakeholder Participation Act of 2013 2. Aviation Security Advisory Committee (a) In general Subchapter II of chapter 449 44946. Aviation Security Advisory Committee (a) Establishment The Assistant Secretary shall establish within the Transportation Security Administration an advisory committee to be known as the Aviation Security Advisory Committee (b) Duties (1) In general The Assistant Secretary shall consult the Advisory Committee on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines. (2) Recommendations (A) In general The Advisory Committee shall develop, at the request of the Assistant Secretary, recommendations for improvements to aviation security. (B) Recommendations of subcommittees Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee for transmission to the Assistant Secretary. (3) Periodic reports The Advisory Committee shall periodically submit to the Assistant Secretary— (A) reports on matters identified by the Assistant Secretary; and (B) reports on other matters identified by a majority of the members of the Advisory Committee. (4) Annual report The Advisory Committee shall submit to the Assistant Secretary an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. (5) Feedback Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (4), the Assistant Secretary shall respond in writing to the Advisory Committee with feedback on each of such recommendations, an action plan to implement any of such recommendations with which the Assistant Secretary concurs, and a detailed justification for why any of such recommendations have been rejected. (6) Congressional notification Not later than 30 days after providing written feedback to the Advisory Committee in accordance with paragraph (5), the Assistant Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on such feedback. (7) Report to Congress Prior to briefing the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate in accordance with paragraph (6), the Assistant Secretary shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4). (c) Membership (1) Appointment (A) In general Not later than 180 days after the date of enactment of this section, the Assistant Secretary shall appoint the members of the Advisory Committee. (B) Composition The membership of the Advisory Committee shall consist of individuals representing not more than 34 member organizations. Each organization shall be represented by one individual (or the individual’s designee). (C) Representation The membership of the Advisory Committee shall include representatives of air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation technology security industry (including biometrics), victims of terrorist acts against aviation, and law enforcement and security experts. (2) Removal The Assistant Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. (4) Meetings The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (d) Air cargo security subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee an air cargo security subcommittee to provide recommendations on air cargo security issues, including the implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding air cargo security. Such submissions shall include recommendations to improve the Transportation Security Administration’s cargo security initiatives established to meet the requirements of section 44901(g). (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in air cargo operations; and (B) be cochaired by a Government and industry official. (e) General aviation security subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee a general aviation subcommittee to provide recommendations on transportation security issues for general aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding aviation security at general aviation airports. (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in general aviation; and (B) be cochaired by a Government and industry official. (f) Perimeter security, exit lane security, and access control subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee an airport perimeter security, exit lane security, and access control subcommittee to provide recommendations on airport perimeter security, exit lane security at commercial service airports, and access control issues. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding improving perimeter security, exit lane security at commercial service airports, and access control procedures at commercial service and general aviation airports. (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in airport perimeter security and access control issues; and (B) be co-chaired by a Government and industry official. (g) Risk-Based subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee a risk-based subcommittee to provide recommendations on passenger screening policies and cargo. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding the Transportation Security Administration’s risk-based security programs. (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in passenger advocacy and airport security operations; and (B) be cochaired by a Government and industry official. (h) Security technology subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee a security technology subcommittee to provide recommendations on security technology issues, including harmonization of security technology standards and requirements. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding security technology. Such submissions shall include recommendations to improve the Transportation Security Administration’s utilization of security technology and harmonization of security technology standards and requirements. All recommendations shall be in furtherance of aviation security and technology neutral. (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in checkpoint, baggage, and air cargo security technology; and (B) be co-chaired by a Government and industry official. (i) Other subcommittees The Assistant Secretary, in consultation with the Advisory Committee, may establish within the Advisory Committee any other subcommittee that the Assistant Secretary and Advisory Committee determine necessary. (j) Subject matter experts Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the respective subcommittee chairperson. (k) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees. (l) Definitions In this section: (1) Advisory Committee The term Advisory Committee (2) Assistant Secretary The term Assistant Secretary (3) Perimeter security The term perimeter security (A) means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal; and (B) includes the fence area surrounding an airport, access gates, and access controls. . (b) Clerical amendment The analysis for subchapter II of chapter 449 44946. Aviation Security Advisory Committee. . 1. Short title This Act may be cited as the Aviation Security Stakeholder Participation Act of 2014 2. Aviation Security Advisory Committee (a) In general Subchapter II of chapter 449 44946. Aviation Security Advisory Committee (a) Establishment The Assistant Secretary shall establish within the Transportation Security Administration an aviation security advisory committee. (b) Duties (1) In general The Assistant Secretary shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines. (2) Recommendations (A) In general The Advisory Committee shall develop, at the request of the Assistant Secretary, recommendations for improvements to aviation security. (B) Recommendations of subcommittees Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Assistant Secretary. (3) Periodic reports The Advisory Committee shall periodically submit to the Assistant Secretary— (A) reports on matters identified by the Assistant Secretary; and (B) reports on other matters identified by a majority of the members of the Advisory Committee. (4) Annual report The Advisory Committee shall submit to the Assistant Secretary an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. (5) Feedback Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (4), the Assistant Secretary shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommendations with which the Assistant Secretary concurs, and a justification for why any of the recommendations have been rejected. (6) Congressional notification Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the Assistant Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives on such feedback, and provide a briefing upon request. (7) Report to Congress Prior to briefing the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives under paragraph (6), the Assistant Secretary shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4). (c) Membership (1) Appointment (A) In general Not later than 180 days after the date of enactment of the Aviation Security Stakeholder Participation Act of 2014 (B) Composition The membership of the Advisory Committee shall consist of individuals representing not more than 34 member organizations. Each organization shall be represented by 1 individual (or the individual’s designee). (C) Representation The membership of the Advisory Committee shall include representatives of air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts. (2) Removal The Assistant Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. (4) Meetings The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (5) Member access to sensitive security information Not later than 60 days after the date of a member’s appointment, the Assistant Secretary shall determine if there is cause for the member to be restricted from possessing Sensitive Security Information. Without such cause, and upon the member voluntarily signing a non-disclosure agreement, the member may be granted access to Sensitive Security Information that is relevant to the member's advisory duties. The member shall protect the Sensitive Security Information according to part 1520 of title 49 of the Code of Federal Regulations. (6) Chairperson A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. (d) Subcommittees (1) Membership The Advisory Committee chairperson, in coordination with the Assistant Secretary, may establish within the Advisory Committee any subcommittee that the Assistant Secretary and Advisory Committee determine to be necessary. The Assistant Secretary and the Advisory Committee shall create subcommittees to address aviation security issues, including the following: (A) Air cargo security The implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates. (B) General aviation General aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports. (C) Perimeter and access control Recommendations on airport perimeter security, exit lane security and technology at commercial service airports, and access control issues. (D) Security technology Security technology standards and requirements, including their harmonization internationally; technology to screen passengers, passenger baggage, carry-on baggage, and cargo; and biometric technology. (2) Risk-based security All subcommittees established by the Advisory Committee co-chairs shall consider risk-based security approaches in the performance of their functions that weigh optimum balance of costs and benefits in transportation security, including for passenger screening, baggage screening, air cargo security policies, and general aviation security matters. (3) Meetings and reporting Each subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding issues within the subcommittee. (4) Subcommittee chairs Each subcommittee shall be co-chaired by a Government and an industry official. (e) Subject matter experts Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the respective subcommittee chairperson. (f) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees. (g) Definitions In this section: (1) Advisory Committee The term Advisory Committee (2) Assistant Secretary The term Assistant Secretary (3) Perimeter security (A) In general The term perimeter security (B) Inclusions The term perimeter security . (b) Clerical amendment The analysis for subchapter II of chapter 449 44946. Aviation Security Advisory Committee. . November 17, 2014 Reported with an amendment

Aviation Security Stakeholder Participation Act of 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act - (Sec. 3) Authorizes and ratifies the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement, dated November 20, 2013, and entered into by the Tribe and the Fish Springs Ranch (Agreement). (Sec. 4) Authorizes the Tribe, in return for the benefits set forth in the 2007 Settlement Agreement (Original Agreement), the Agreement, and this Act, to execute a waiver and release against Fish Springs of: all legal rights to challenge the validity, characteristics, or exercise of specified Fish Springs water rights or the project to pump up to 13,000 acre feet per year of such water rights from the Honey Lake Valley Basin for transfer outside of the basin (Project); all claims for damages, losses, or injuries to the Tribe's water rights or claims of interference with, diversion of, or taking of the Tribe's water rights; all claims that would impair, prevent, or interfere with implementation of the Project pursuant to the Agreement or Original Agreement, deliveries of water by the Project pursuant to those Agreements or a Water Banking Trust Agreement between Washoe County and Fish Springs, or assignments of water credits pursuant to such Trust Agreement; and all claims against Fish Springs relating to the negotiation or adoption of the Agreement or the Original Agreement. Authorizes the Tribe, in return for the benefits set forth in the Original Agreement, the Agreement, and this Act, to execute a waiver and release of all claims against the United States that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in the Agreement for damages, losses, or injuries that are related to: the Project or specified Fish Springs water rights; the Agreement, the Original Agreement, the final environmental impact statement for the North Valleys Rights-of-Way Projects, or the record of decision regarding that impact statement; claims the United States asserted or could have asserted in any past proceeding related to the Project; the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; the Tribe's use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; the Tribe's acquisition and use of land under the Original Agreement; and the extinguishment of the claims, if any, that the Tribe waives and releases pursuant to this Act. Lists the claims and rights that the Tribe retains against Fish Springs and the United States. Provides that the United States has no right or obligation to bring or assert, on behalf of the Tribe, the claims waived and released by the Tribe after Fish Springs makes the payment to the Tribe as provided in the Agreement. (Sec. 5) Makes this Act and the Agreement null and void if the Tribe fails to execute, within 60 days of this Act's enactment, the waivers and releases authorized by this Act. (Sec. 6) Limits the Agreement's beneficiaries to its parties, certain purveyors of Project water, and any assignee of Water Rights Credits for Project water pursuant to a Water Banking Trust Agreement between Washoe County and Fish Springs. (Sec. 7) Vests jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act in the United States District Court for the District of Nevada.

To ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Ratification of agreement. Sec. 4. Waiver and releases of claims. Sec. 5. Satisfaction of claims. Sec. 6. Beneficiaries to agreement. Sec. 7. Jurisdiction. Sec. 8. Environmental compliance. Sec. 9. Miscellaneous provisions. 2. Definitions In this Act: (1) Original agreement The term Original Agreement Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Agreement (2) Agreement The term Agreement (3) Environmental impact statement The term environmental impact statement (4) Final payment date The term final payment date (5) Fish springs The term Fish Springs (6) Fish springs water rights The term Fish Springs water rights G (7) Additional fish springs water rights The term additional Fish Springs water rights (8) Honey lake valley basin The term Honey Lake Valley Basin (9) Project The term Project (A) not more than 8,000 acre feet as described in the environmental impact statement (but not the Intermountain Water Supply, Ltd., Project described in the environmental impact statement) and the record of decision; (B) up to the 5,000 acre feet of additional Fish Springs water rights; and (C) the rights and approvals for Fish Springs to pump and transfer up to said 13,000 acre feet of groundwater per year. (10) Record of decision The term record of decision (11) Secretary The term Secretary (12) Tribe The term Tribe Indian Reorganization Act 25 U.S.C. 476 (13) Truckee river operating agreement The term Truckee River Operating Agreement (A) the September 6, 2008, Truckee River Operating Agreement negotiated for the purpose of carrying out the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act ( Public Law 101–618 (B) any final, signed version of the Truckee River Operating Agreement that becomes effective under the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. 3. Ratification of agreement (a) In general Except to the extent that a provision of the Agreement conflicts with this Act, the Agreement is authorized and ratified. (b) Waiver and retention of claims Notwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe relating to the Agreement shall be carried out in accordance with section 4. (c) Compliance with applicable law This section, the Original Agreement, and the Agreement satisfy all applicable requirements of section 2116 of the Revised Statutes ( 25 U.S.C. 177 4. Waiver and releases of claims (a) Waiver and release of claims by tribe against fish springs In return for benefits to the Tribe as set forth in the Original Agreement, the Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release against Fish Springs of the following: (1) All rights under Federal, State, and other law to challenge the validity, characteristics, or exercise of the Project or use of Fish Springs water rights (including additional Fish Springs water rights), including the right to assert a senior priority against or to place a call for water on the Project or Fish Springs water rights (including additional Fish Springs water rights) regardless of the extent to which the Tribe has a water right or in the future establishes a water right that is senior to the Project or Fish Springs water rights (including additional Fish Springs water rights). (2) All claims for damages, losses, or injuries to the Tribe’s water rights or claims of interference with, diversion of, or taking of the Tribe’s water rights, including— (A) claims for injury to lands or resources resulting from such damages, losses, injuries, or interference with, diversion of, or taking of tribal water rights under the Agreement or Original Agreement; and (B) claims relating to the quality of water underlying the Pyramid Lake Indian Reservation that are related to use of Fish Springs water rights (including additional Fish Springs water rights) by the Project or the implementation or operation of the Project in accordance with the Agreement or Original Agreement. (3) All claims that would impair, prevent, or interfere with one or more of the following: (A) Implementation of the Project pursuant to the terms of the Agreement or Original Agreement. (B) Deliveries of water by the Project pursuant to the terms of— (i) the Agreement; (ii) the Original Agreement; or (iii) the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (C) Assignments of water rights credits pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (4) All claims against Fish Springs relating in any manner to the negotiation or adoption of the Agreement or the Original Agreement. (b) Reservation of rights and retention of claims by tribe against fish springs The Tribe, on its own behalf and on behalf of the members of the Tribe, shall retain against Fish Springs the following: (1) All claims for enforcement of the Agreement, the Original Agreement or this Act through such remedies as are available in the U.S. District Court for the District of Nevada. (2) Subject to the right of Fish Springs to carry out the Project, and subject to the waiver and release by the Tribe in subsection (a)— (A) the right to assert and protect any right of the Tribe to surface or groundwater and any other trust resource, including the right to assert a senior priority against or to place a call for water on any water right other than against the Project or Fish Springs water rights; (B) all rights to establish, claim or acquire a water right in accordance with applicable law and to use and protect any water right acquired after the date of the enactment of this Act that is not in conflict with the Agreement, the Original Agreement or this Act; and (C) all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (3) The right to enforce— (A) the Tribe’s rights against any party to the Truckee River Operating Agreement; (B) the Tribe’s rights against any party to the Truckee River Water Quality Settlement Agreement; and (C) whatever rights exist to seek compliance with any permit issued to any wastewater treatment or reclamation facility treating wastewater generated by users of Project water. (4) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (c) Waiver and release of claims by the tribe against the united states In return for the benefits to the Tribe as set forth in the Agreement, the Original Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release of all claims against the United States, including the agencies and employees of the United States, related to the Project and Fish Springs water rights (including additional Fish Springs water rights) that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in paragraph 4 of the Agreement for damages, losses or injuries that are related to— (1) the Project, Fish Springs water rights (including additional Fish Springs water rights), and the implementation, operation, or approval of the Project, including claims related to— (A) loss of water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, and gathering rights due to loss of water, water rights or subordination of water rights) resulting from the Project or Fish Springs water rights (including additional Fish Springs water rights); (B) interference with, diversion, or taking of water resulting from the Project; or (C) failure to protect, acquire, replace, or develop water, water rights, or water infrastructure as a result of the Project or Fish Springs water rights (including additional Fish Springs water rights); (2) the record of decision, the environmental impact statement, the Agreement or the Original Agreement; (3) claims the United States, acting as trustee for the Tribe or otherwise, asserted, or could have asserted in any past proceeding related to the Project; (4) the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; (5) the Tribe’s use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; (6) the Tribe’s acquisition and use of land under the Original Agreement; and (7) the extinguishment of claims, if any, and satisfaction of the obligations of the United States on behalf of the Tribe as set forth in subsection (e). (d) Reservation of rights and retention of claims by tribe against the united states Notwithstanding the waivers and releases authorized in this Act, the Tribe, on behalf of itself and the members of the Tribe, shall retain against the United States the following: (1) All claims for enforcement of this Act through such legal and equitable remedies as are available in the U.S. District Court for the District of Nevada. (2) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (3) Subject to the right of Fish Springs to carry out the Project, all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (e) Extinguishment of waived and released claims Upon execution of the waiver and releases by the Tribe pursuant to subsections (a) and (c) and upon final payment by Fish Springs pursuant to the terms of the Agreement, the United States acting on behalf of the Tribe shall have no right or obligation to bring or assert any claims waived and released by the Tribe as set forth in subsection (a). Upon the effective date of the waivers and releases of claims authorized, the waived and released claims as set forth in subsection (a) are extinguished. (f) No united states liability for waived claims The United States shall bear no liability for claims waived and released by the Tribe pursuant to this Act. (g) United states reservation of rights Nothing in this Act shall affect any rights, remedies, privileges, immunities, or powers of the United States, including the right to enforce the terms of the right-of-way across Federal lands for the Project granted by the Secretary to Fish Springs pursuant to the Federal Lands Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (h) Effective date of waivers and releases of claims The waivers and releases authorized under subsections (a) and (c) shall take effect on the day Fish Springs makes the payment to the Tribe as provided in subparagraph 4.2 of the Agreement. 5. Satisfaction of claims (a) In general The benefits provided to the Tribe under the Agreement, the Original Agreement, and this Act shall be considered to be full satisfaction of all claims of the Tribe waived and released pursuant to section 4 and pursuant to the Original Agreement and any claims the United States might make on behalf of the Tribe that are extinguished pursuant to section 4. (b) Effect of failure To execute waivers and releases If the Tribe fails to execute the waivers and releases as authorized by this Act within 60 days after the date of the enactment of this Act, this Act and the Agreement shall be null and void. 6. Beneficiaries to agreement (a) Requirement The beneficiaries to the Agreement shall be limited to— (1) the parties to the Agreement; (2) any municipal water purveyor that provides Project water for wholesale or retail water service to the area serviced by the Project; (3) any water purveyor that obtains the right to use Project water for purposes other than serving retail or wholesale customers; and (4) any assignee of Water Rights Credits for Project water pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (b) Prohibition Except as provided in subsection (a), nothing in the Agreement or this Act provides to any individual or entity third-party beneficiary status relating to the Agreement. 7. Jurisdiction Jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act shall be vested in the United States District Court for the District of Nevada. 8. Environmental compliance Nothing in this Act precludes the United States or the Tribe, when delegated regulatory authority, from enforcing Federal environmental laws, including— (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including claims for damages for harm to natural resources; (2) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (3) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (4) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (5) any regulation implementing one or more of the Acts listed in paragraphs (1) through (4). 9. Miscellaneous provisions (a) No establishment of standard Nothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding. (b) Other claims Nothing in the Agreement, the Original Agreement, or this Act quantifies or otherwise adversely affects any water right, claim, or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe. July 22, 2014 Reported without amendment

Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act

Anchorage Land Conveyance Act of 2014 - Directs the Department of the Interior to convey to the municipality of Anchorage, Alaska, in response to its offer to acquire, the reversionary interests of the United States in 1.93-acre site known as the Egan Center, Petrovich Park, and Old City Hall; a 0.48 acre-site known as the parking lot at 7th Avenue and I Street; and a 0.24 acre-site of an unimproved vacant lot located at H Street and Christensen Drive. Requires the municipality to pay the appraised value of the federal reversionary interest and all costs associated with the conveyance.

To provide for the unencumbering of title to non-Federal land owned by the city of Anchorage, Alaska, for purposes of economic development by conveyance of the Federal reversion interest to the City. 1. Short title This Act may be cited as the Anchorage Land Conveyance Act of 2013 2. Definitions In this Act: (1) City The term City (2) Non-federal land The term non-Federal land (A) Block 42, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 1.93 acres, commonly known as the Egan Center, Petrovich Park, and Old City Hall. (B) Lots 9, 10, and 11, Block 66, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 0.48 acres, commonly known as the parking lot at 7th Avenue and I Street. (C) Lot 13, Block 15, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 0.24 acres, an unimproved vacant lot located at H Street and Christensen Drive. (3) Secretary The term Secretary 3. Conveyance of reversionary interests, anchorage, alaska (a) In general Notwithstanding any other provision of law, the Secretary shall convey to the City, without consideration, the reversionary interests of the United States in and to the non-Federal land for the purpose of unencumbering the title to the non-Federal land to enable economic development of the non-Federal land. (b) Legal descriptions As soon as practicable after the date of enactment of this Act, the exact legal descriptions of the non-Federal land shall be determined in a manner satisfactory to the Secretary. (c) Additional terms and conditions The Secretary may require such additional terms and conditions to the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (d) Costs The City shall pay all costs associated with the conveyance under subsection (a), including the costs of any surveys, recording costs, and other reasonable costs. 1. Short title This Act may be cited as the Anchorage Land Conveyance Act of 2014 2. Conveyance of Federal reversionary interest in land located in Anchorage, Alaska (a) Definitions In this section: (1) Municipality The term Municipality (2) Secretary The term Secretary (b) Conveyance required If, during the 1-year period beginning on the date of completion of the appraisal required by subsection (d), the Municipality submits to the Secretary an offer to acquire the Federal reversionary interest in all land described in subsection (c), the Secretary shall convey to the Municipality that reversionary interest by not later than 30 days after the date of receipt of the offer. (c) Description of land The land referred to in subsection (b) is described as follows: (1) Block 42, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 1.93 acres, commonly known as The Egan Center Petrovich Park Old City Hall (2) Lots 9, 10, and 11, Block 66, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 0.48 acres, commonly known as the parking lot at 7th Avenue and I Street (3) Lot 13, Block 15, Original Townsite of Anchorage, Anchorage Recording District, Third Judicial District, State of Alaska, consisting of approximately 0.24 acres of an unimproved vacant lot located at H Street and Christensen Drive. (d) Appraisal (1) In general Subject to paragraph (2), not later than 180 days after the date on which the Secretary selects an appraiser that is mutually acceptable to the Secretary and the Municipality under paragraph (2)(A), the Secretary shall complete an appraisal of the Federal reversionary interest in the land described in subsection (c). (2) Requirements The appraisal under paragraph (1) shall be— (A) conducted by an appraiser that is mutually acceptable to the Secretary and the Municipality; and (B) completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (e) Consideration (1) In general As consideration for conveyance of the Federal reversionary interest under subsection (b), the Municipality shall pay to the Secretary an amount equal to the appraised value of the Federal reversionary interest, as determined by the appraisal under subsection (d). (2) Deadline The consideration under paragraph (1) shall be paid not later than 30 days after the date of the conveyance. (f) Costs of conveyance As a condition of the conveyance of the Federal reversionary interest under subsection (b), all costs associated with the conveyance, including the cost of the appraisal required by subsection (d), shall be paid by the Municipality. December 10, 2014 Reported with an amendment

Anchorage Land Conveyance Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Responsible Use of Taxpayer Dollars for Portraits Act of 2013 - Prohibits federal funds from being used to pay for production of a portrait of: (1) a Member of Congress, (2) the head of an executive agency, or (3) the head of an agency or office of the legislative branch. Authorizes up to $20,000 in federal funds to pay for production of a portrait of an individual in line of succession to the presidency. Provides that nothing in this Act shall be construed to prohibit the use of: federal funds to publicly display a portrait of: (1) a Member of Congress, (2) the head of an executive agency, or (3) the head of an agency or office of the legislative branch; or nonfederal funds to produce a portrait of such individual, including, in the case of a portrait of an individual in line of succession to the presidency, the use of nonfederal funds to pay the entire cost of producing it or the portion of the cost that exceeds $20,000, if any.

To prohibit the use of Federal funds for the costs of official portraits of Members of Congress, heads of executive agencies, and heads of agencies and offices of the legislative branch. 1. Short title This Act may be cited as the Responsible Use of Taxpayer Dollars for Portraits Act of 2013 2. Prohibition on use of funds for official portraits (a) Definitions In this section— (1) the term executive agency (2) the term Member of Congress (3) the term portrait (b) Prohibition (1) In general Except as provided in paragraph (2), no Federal funds may be used to pay for the production of a portrait of— (A) a Member of Congress; (B) the head of an executive agency; or (C) the head of an agency or office of the legislative branch. (2) Individuals in line of succession to presidency Not more than $20,000 in Federal funds may be used to pay for the production of a portrait of an individual who is in the line of succession to the Presidency under subsection (a), (b), or (d) of section 19 (c) Rules of construction Nothing in this Act shall be construed to prohibit— (1) the use of Federal funds to publicly display a portrait of an individual described in subsection (b)(1); or (2) the use of funds other than Federal funds to produce a portrait of an individual described in subsection (b)(1), including, in the case of a portrait of an individual described in subsection (b)(2), the use of funds other than Federal funds to pay the entire cost of producing the portrait or the portion of the cost that exceeds $20,000, if any. July 23, 2014 Reported without amendment

Responsible Use of Taxpayer Dollars for Portraits Act of 2013

Migratory Bird Habitat Investment and Enhancement Act - Amends the Migratory Bird Hunting and Conservation Stamp Act to allow the Department of the Interior every five years to set the cost for Federal Migratory Bird Hunting and Conservation Stamps, commonly known as Duck Stamps and required to hunt migratory waterfowl. Limits the cost of the stamp to $25 for the first five years and $30 after that. Permits Interior to waive stamp requirements for certain individuals if it will have a minimal adverse effect on the funds collected.

To amend the prices set for Federal Migratory Bird Hunting and Conservation Stamps and make limited waivers of stamp requirements for certain users. 1. Short title This Act may be cited as the Migratory Bird Habitat Investment and Enhancement Act 2. Findings Congress finds that— (1) Federal Migratory Bird Hunting and Conservation Stamps (commonly known as duck stamps (2) (A) duck stamps are a vital tool for wetland conservation; (B) 98 percent of the receipts from duck stamp sales are used to acquire important migratory bird breeding, migration, and wintering habitat, which are added to the National Wildlife Refuge System; and (C) those benefits extend to all wildlife, not just ducks; (3) since its inception, the Federal duck stamp program has— (A) generated more than $750,000,000; (B) preserved more than 5,000,000 acres of wetland and wildlife habitat; and (C) is considered among the most successful conservation programs ever initiated; (4) (A) since 1934, when duck stamps cost $1, the price has been increased 7 times to the price in effect on the date of enactment of this Act of $15, which took effect in 1991; and (B) the price of the duck stamp has not increased since 1991, the longest single period without an increase in program history; and (5) with the price unchanged during the 20-year period preceding the date of enactment of this Act, duck stamps have lost 40 percent of their value based on the consumer price index, while the United States Fish and Wildlife Service reports the price of land in targeted wetland areas has tripled from an average of $306 to $1,091 per acre. 3. Cost of stamps Section 2 of the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718b (b) Cost of stamps (1) In general For the 5-calendar-year period beginning with calendar year 2014, and for each 5-calendar-year period thereafter, the Secretary, in consultation with the Migratory Bird Conservation Commission, shall establish the amount to be collected under paragraph (2) for each stamp sold under this section, provided that the amount shall not exceed $25 for the initial 5-calendar-year period and not exceed $30 for the any (2) Collection of amounts The United States Postal Service, the Department of the Interior, or any other agent approved by the Department of the Interior, shall collect the amount established under paragraph (1) for each stamp sold under this section for a hunting year if the Secretary determines, at any time before February 1 of the calendar year during which the hunting year begins, that all amounts described in paragraph (3) have been obligated for expenditure. (3) Amounts The amounts described in this paragraph are amounts in the Migratory Bird Conservation Fund available for obligation and attributable to— (A) amounts appropriated pursuant to this Act for the fiscal year ending in the immediately preceding calendar year; and (B) the sale of stamps under this section during that fiscal year. . 4. Waivers Section 1(a) of the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a(a) (1) in paragraph (1), by inserting and subsection (d) paragraph (2) (2) by adding at the end the following: (d) Waivers (1) In general The Secretary, in consultation with the Migratory Bird Conservation Commission, may waive requirements under this section for such individuals as the Secretary, in consultation with the Migratory Bird Conservation Commission, determines to be appropriate. (2) Limitation In making the determination described in paragraph (1), the Secretary shall grant only those waivers the Secretary determines will have a minimal adverse effect on funds to be deposited in the Migratory Bird Conservation Fund established under section 4(a)(3). . July 15, 2014 Reported with an amendment

Migratory Bird Habitat Investment and Enhancement Act

Transportation Security Acquisition Reform Act - (Sec. 3) Amends the Homeland Security Act of 2002 to direct the Administrator of the Transportation Security Administration (TSA) to: develop and update biennially a strategic five-year technology investment plan, which may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and publish the plan in an unclassified form in the public domain. Directs the Administrator, before acquiring any security-related technology, to analyze whether acquisition is justified. Requires the Administrator, 30 days before any TSA award of a contract for acquisitions exceeding $30 million, to report to Congress the results of the analysis and certify that the transportation security benefits justify the contract cost. Requires the appropriate TSA acquisition official to establish certain performance baseline requirements before any TSA security-related technology acquisition. Requires that official to review and assess each acquisition for meeting the baseline requirements and to report the results to Congress. Requires the Administrator, before procuring additional quantities of equipment to fulfill a TSA mission need, to utilize, to the extent practicable, any existing units in the TSA's inventory to meet that need. Directs the Administrator to report annually to Congress on TSA's performance record in meeting its goals for contracting with small businesses. Directs the Administrator to execute all responsibilities set forth in this Act in a manner consistent with the Federal Acquisition Regulation and TSA policies and directives. (Sec. 4) Directs the Comptroller General (GAO) to: (1) assess TSA's implementation of GAO recommendations regarding the acquisition of security-related technology made before enactment of this Act, and (2) evaluate TSA's progress in implementing this Act. (Sec. 5) Directs the Administrator to report to Congress on the feasibility of tracking TSA security-related technology, including software solutions, through automated information and data capture technologies. (Sec. 6) Directs the GAO to evaluate TSA's testing and evaluation process relating to security-related technology. (Sec. 7) Requires this Act to be carried out using amounts otherwise available. Declares that no additional appropriations are authorized to carry out this Act.

To require the Transportation Security Administration to implement best practices and improve transparency with regard to technology acquisition programs, and for other purposes. 1. Short title This Act may be cited as the Transportation Security Acquisition Reform Act 2. Findings Congress finds the following: (1) The Transportation Security Administration (referred to in this Act as TSA (2) TSA has not developed a multiyear technology investment plan. As a result, TSA has underutilized innovation opportunities within the private sector, including from small businesses. (3) Due in part to the deficiencies referred to in paragraphs (1) and (2), TSA has faced challenges in meeting key performance requirements for several major acquisitions and procurements, resulting in reduced security effectiveness and wasted expenditures. 3. Transportation Security Administration acquisition reform (a) In general Title XVI of the Homeland Security Act of 2002 (116 Stat. 2312 et seq.) is amended to read as follows: XVI Transportation security A General provisions 1601. Definitions In this title: (1) Administration The term Administration (2) Administrator The term Administrator (3) Plan The term Plan (4) Security-related technology The term security-related technology B Transportation security administration acquisition improvements 1611. Multiyear technology investment plan (a) In general The Administrator— (1) not later than 180 days after the date of the enactment of this subtitle, shall develop and submit to Congress a strategic multiyear technology investment plan, which may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and (2) to the extent possible, shall publish the Plan in an unclassified format within the public domain. (b) Consultation The Administrator shall develop the Plan in consultation with— (1) the Under Secretary for Management; (2) the Chief Information Officer; and (3) the Under Secretary for Science and Technology. (c) Approval The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary. (d) Contents of Plan The Plan shall include— (1) an analysis of transportation security risks and the associated technology gaps, including consideration of the most recent Quadrennial Homeland Security Review under section 707; (2) a set of transportation security-related technology acquisition needs that— (A) is prioritized based on risk and gaps identified under paragraph (1); and (B) includes planned technology programs and projects with defined objectives, goals, and measures; (3) an analysis of current trends in domestic and international passenger travel; (4) an identification of currently deployed security-related technologies that are at or near the end of their lifecycle; (5) an identification of test, evaluation, modeling, and simulation capabilities that will be required to support the acquisition of the security-related technologies to meet those needs; (6) an identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer; (7) an identification of the Administration’s acquisition workforce needs that will be required for the management of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Federal agencies; (8) an identification of the security resources, including information security resources, that will be required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack; and (9) an identification of initiatives to streamline the Administration’s acquisition process and provide greater predictability and clarity to small, medium, and large businesses, including the timeline for testing and evaluation. (e) Leveraging the private sector To the extent possible, and in a manner that is consistent with fair and equitable practices, the Plan shall— (1) leverage emerging technology trends and research and development investment trends within the public and private sectors; (2) incorporate feedback and input received from the private sector through requests for information, industry days, and other innovative means consistent with the Federal Acquisition Regulation; and (3) leverage market research conducted by the Under Secretary for Science and Technology to identify technologies that exist or are in development that, with or without adaptation, could be utilized to meet mission needs. (f) Disclosure The Administrator shall include with the Plan a list of any nongovernment persons that contributed to the writing of the Plan. (g) Update and report Once every 2 years after the initial strategic Plan is submitted to Congress, the Administrator shall submit to Congress— (1) an update of the Plan; and (2) a report on the extent to which each security-related technology acquired by the Administration since the last issuance or update of the Plan is consistent with the planned technology programs and projects identified under subsection (d)(2) for that technology. 1612. Acquisition justification and reports (a) Acquisition justification Before the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department’s policies and directives, shall determine whether the acquisition is justified by conducting a comprehensive analysis that includes— (1) an identification of the type and level of risk to transportation security that would be addressed by such technology acquisition; (2) an assessment of how the proposed acquisition aligns to the multiyear technology investment plan developed under section 1611; (3) a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security; (4) an analysis of alternative security solutions to determine if the proposed technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations; (5) an evaluation of the privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties, and a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department; and (6) confirmation that there are no significant risks to human health and safety posed by the proposed acquisition. (b) Reports and certification to Congress (1) In general Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit, to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of the comprehensive acquisition analysis required under this section; and (B) a certification by the Administrator that the security benefits justify the contract cost. (2) Extension due to imminent terrorist threat If there is a known or suspected imminent threat to transportation security, the Administrator— (A) may reduce the 30-day period under paragraph (1) to 5 days in order to rapidly respond; and (B) shall provide immediate notice of such imminent threat to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives 1613. Acquisition baseline establishment and reports (a) Baseline requirements (1) In general Before the Administration implements any security-related technology acquisition, the appropriate acquisition official of the Department shall establish and document a set of formal baseline requirements. (2) Contents The baseline requirements under paragraph (1) shall— (A) include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition; and (B) identify the acquisition risks and a plan for mitigating these risks. (3) Feasibility In establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, shall ensure that achieving these milestones is technologically feasible. (4) Test and evaluation plan The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes— (A) the activities that will be required to assess acquired technologies against the performance milestones established under paragraph (2)(A); (B) the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration’s mission needs; and (C) an efficient schedule to ensure that test and evaluation activities are completed without undue delay. (5) Verification and validation The appropriate acquisition official of the Department— (A) subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for a security-related technology that pursuant to section 1611(d)(2) has been identified as a high priority need in the most recent multiyear technology investment plan; and (B) shall ensure that the utilization of independent reviewers does not unduly delay the schedule of any acquisition. (6) Streamlining access for interested vendors The Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for such technology. (b) Review of baseline requirements and deviation; report to congress (1) Review (A) In general The appropriate acquisition official of the Department shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a). (B) Test and evaluation assessment The review shall include an assessment of whether— (i) the planned testing and evaluation activities have been completed; and (ii) the results of such testing and evaluation demonstrate that the performance milestones are technologically feasible. (2) Report Not later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of any assessment that finds that— (i) the actual or planned costs exceed the baseline costs by more than 10 percent; (ii) the actual or planned schedule for delivery has been delayed by more than 180 days; or (iii) there is a failure to meet any performance milestone that directly impacts security effectiveness; (B) the cause for such excessive costs, delay, or failure; and (C) a plan for corrective action. 1614. Inventory utilization (a) In general Before the procurement of additional quantities of equipment to fulfill a mission need, the Administrator, to the extent practicable, shall utilize any existing units in the Administration’s inventory to meet that need. (b) Tracking of inventory (1) In general The Administrator shall establish a process for tracking— (A) the location of security-related equipment in such inventory; (B) the utilization status of security-related technology in such inventory; and (C) the quantity of security-related equipment in such inventory. (2) Internal controls The Administrator shall implement internal controls to ensure accurate data on security-related technology utilization. (c) Logistics management (1) In general The Administrator shall establish logistics principles for managing inventory in an effective and efficient manner. (2) Limitation on just-in-time logistics The Administrator may not use just-in-time logistics if doing so would— (A) inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or (B) unduly diminish surge capacity for response to a terrorist threat. 1615. Small business contracting goals Not later than 90 days after the date of enactment of this subtitle, and annually thereafter, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (1) a restatement of the Administration’s published goals for contracting with small businesses, including small and disadvantaged businesses; (2) the Administration’s performance record with respect to meeting the goals referred to in paragraph (1) during the preceding fiscal year; (3) if the goals referred to in paragraph (1) were not met or the Administration's performance was below the published goals of the Department— (A) an itemized list of challenges, including deviations from the Administration’s subcontracting plans, that contributed to the level of performance during the preceding fiscal year; and (B) the extent to which contract bundling was a contributing factor to such level of performance; (4) an action plan, with benchmarks, for addressing each of the challenges identified in paragraph (3)(A), which— (A) was prepared after consultation with the Secretary of Defense and the heads of Federal departments and agencies that achieved their published goals for prime contracting with small and minority owned businesses, including small and disadvantaged businesses, in prior fiscal years; and (B) identifies policies and procedures that could be incorporated by the Administration in furtherance of achieving the Administration’s published goal for such contracting; and (5) a status report on the implementation of the action plan that was developed in the preceding fiscal year in accordance with paragraph (4). 1616. Consistency with the Federal acquisition regulation and departmental policies and directives The Administrator shall execute the responsibilities set forth in this subtitle in a manner consistent with, and not duplicative of, the Federal Acquisition Regulation and the Department’s policies and directives. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to title XVI and inserting the following: TITLE XVI—Transportation security Subtitle A—General provisions Sec. 1601. Definitions. Subtitle B—Transportation security administration acquisition improvements Sec. 1611. Multiyear technology investment plan. Sec. 1612. Acquisition justification and reports. Sec. 1613. Acquisition baseline establishment and reports. Sec. 1614. Inventory utilization. Sec. 1615. Small business contracting goals. Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives. . (c) Prior amendments not affected Nothing in this section may be construed to affect any amendment made by title XVI of the Homeland Security Act of 2002 as in effect before the date of the enactment of this Act. 4. Government Accountability Office reports (a) Implementation of previous recommendations Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains an assessment of the Transportation Security Administration’s implementation of recommendations regarding the acquisition of technology that were made by the Government Accountability Office before the date of the enactment of this Act. (b) Implementation of Subtitle B of Title XVI Not later than 1 year after the date of the enactment of this Act and 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress that contains an evaluation of the Transportation Security Administration’s progress in implementing subtitle B of title XVI of the Homeland Security Act of 2002 (116 Stat. 2312), including any efficiencies, cost savings, or delays that have resulted from such implementation. 5. Report on feasibility of inventory tracking Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit a report to Congress on the feasibility of tracking transportation security-related technology of the Administration through automated information and data capture technologies. 6. Government accountability office review of TSA’s test and evaluation process Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes— (1) an evaluation of the Transportation Security Administration’s testing and evaluation activities related to security-related technologies; (2) information on the extent to which— (A) the execution of such testing and evaluation activities is aligned, temporally and otherwise, with the Administration’s acquisition needs, planned procurements, and acquisitions for technology programs and projects; and (B) security-related technologies that have been tested, evaluated, and certified for use by the Administration are not procured by the Administration, including the reasons for such failure to procure; and (3) recommendations— (A) to improve the efficiency and efficacy of such testing and evaluation activities; and (B) to better align such testing and evaluation with the acquisitions process. 7. No additional authorization of appropriations This Act and the amendments made by this Act shall be carried out using amounts otherwise available for such purpose. No additional funds are authorized to be appropriated to carry out this Act or such amendments. 1. Short title This Act may be cited as the Transportation Security Acquisition Reform Act 2. Findings Congress finds the following: (1) The Transportation Security Administration has not consistently implemented Department of Homeland Security policies and Government best practices for acquisition and procurement. (2) The Transportation Security Administration has only recently developed a multiyear technology investment plan, and has underutilized innovation opportunities within the private sector, including from small businesses. (3) The Transportation Security Administration has faced challenges in meeting key performance requirements for several major acquisitions and procurements, resulting in reduced security effectiveness and wasted expenditures. 3. Transportation Security Administration acquisition reform (a) In general Title XVI of the Homeland Security Act of 2002 (116 Stat. 2312) is amended to read as follows: XVI Transportation security A General provisions 1601. Definitions In this title: (1) Administration The term Administration (2) Administrator The term Administrator (3) Plan The term Plan (4) Security-related technology The term security-related technology B Transportation security administration acquisition improvements 1611. 5-year technology investment plan (a) In general The Administrator shall— (1) not later than 180 days after the date of the enactment of the Transportation Security Acquisition Reform Act (2) to the extent possible, publish the Plan in an unclassified format in the public domain. (b) Consultation The Administrator shall develop the Plan in consultation with— (1) the Under Secretary for Management; (2) the Under Secretary for Science and Technology; (3) the Chief Information Officer; and (4) the aviation industry stakeholder advisory committee established by the Administrator. (c) Approval The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary. (d) Contents of Plan The Plan shall include— (1) an analysis of transportation security risks and the associated capability gaps that would be best addressed by security-related technology, including consideration of the most recent Quadrennial Homeland Security Review under section 707; (2) a set of security-related technology acquisition needs that— (A) is prioritized based on risk and associated capability gaps identified under paragraph (1); and (B) includes planned technology programs and projects with defined objectives, goals, timelines, and measures; (3) an analysis of current and forecast trends in domestic and international passenger travel; (4) an identification of currently deployed security-related technologies that are at or near the end of their lifecycles; (5) an identification of test, evaluation, modeling, and simulation capabilities, including target methodologies, rationales, and timelines necessary to support the acquisition of the security-related technologies expected to meet the needs under paragraph (2); (6) an identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer; (7) an identification of the Administration’s acquisition workforce needs that will be required for the management of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Federal agencies; (8) an identification of the security resources, including information security resources, that will be required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack; (9) an identification of initiatives to streamline the Administration’s acquisition process and provide greater predictability and clarity to small, medium, and large businesses, including the timeline for testing and evaluation; (10) an assessment of the impact to commercial aviation passengers; (11) a strategy for consulting airport management, airline representatives, and Federal security directors whenever an acquisition will lead to the removal of equipment at airports, and how the strategy for consulting with such officials of the relevant airports will address potential negative impacts on commercial passengers or airport operations; and (12) in consultation with the National Institutes of Standards and Technology, an identification of security-related technology interface standards, in existence or if implemented, that could promote more interoperable passenger, baggage, and cargo screening systems. (e) Leveraging the private sector To the extent possible, and in a manner that is consistent with fair and equitable practices, the Plan shall— (1) leverage emerging technology trends and research and development investment trends within the public and private sectors; (2) incorporate private sector input, including from the aviation industry stakeholder advisory committee established by the Administrator, through requests for information, industry days, and other innovative means consistent with the Federal Acquisition Regulation; and (3) in consultation with the Under Secretary for Science and Technology, identify technologies in existence or in development that, with or without adaptation, are expected to be suitable to meeting mission needs. (f) Disclosure The Administrator shall include with the Plan a list of nongovernment persons that contributed to the writing of the Plan. (g) Update and report Beginning 2 years after the date the Plan is submitted to Congress under subsection (a), and biennially thereafter, the Administrator shall submit to Congress— (1) an update of the Plan; and (2) a report on the extent to which each security-related technology acquired by the Administration since the last issuance or update of the Plan is consistent with the planned technology programs and projects identified under subsection (d)(2) for that security-related technology. 1612. Acquisition justification and reports (a) Acquisition justification Before the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department's policies and directives, shall determine whether the acquisition is justified by conducting an analysis that includes— (1) an identification of the scenarios and level of risk to transportation security from those scenarios that would be addressed by the security-related technology acquisition; (2) an assessment of how the proposed acquisition aligns to the Plan; (3) a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security; (4) an analysis of alternative security solutions, including policy or procedure solutions, to determine if the proposed security-related technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations; (5) an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties; (6) a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department; (7) confirmation that there are no significant risks to human health or safety posed by the proposed acquisition; and (8) an estimate of the benefits to commercial aviation passengers. (b) Reports and certification to Congress (1) In general Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of the comprehensive acquisition justification under subsection (a); and (B) a certification by the Administrator that the benefits to transportation security justify the contract cost. (2) Extension due to imminent terrorist threat If there is a known or suspected imminent threat to transportation security, the Administrator— (A) may reduce the 30-day period under paragraph (1) to 5 days to rapidly respond to the threat; and (B) shall immediately notify the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives 1613. Acquisition baseline establishment and reports (a) Baseline requirements (1) In general Before the Administration implements any security-related technology acquisition, the appropriate acquisition official of the Department shall establish and document a set of formal baseline requirements. (2) Contents The baseline requirements under paragraph (1) shall— (A) include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition; (B) identify the acquisition risks and a plan for mitigating these risks; and (C) assess the personnel necessary to manage the acquisition process, manage the ongoing program, and support training and other operations as necessary. (3) Feasibility In establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, shall ensure that achieving these milestones is technologically feasible. (4) Test and evaluation plan The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes— (A) the activities that are expected to be required to assess acquired technologies against the performance milestones established under paragraph (2)(A); (B) the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration’s mission needs; (C) an efficient planning schedule to ensure that test and evaluation activities are completed without undue delay; and (D) if commercial aviation passengers are expected to interact with the security-related technology, methods that could be used to measure passenger acceptance of and familiarization with the security-related technology. (5) Verification and validation The appropriate acquisition official of the Department— (A) subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for a security-related technology that pursuant to section 1611(d)(2) has been identified as a high priority need in the most recent Plan; and (B) shall ensure that the use of independent reviewers does not unduly delay the schedule of any acquisition. (6) Streamlining access for interested vendors The Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for that technology. (b) Review of baseline requirements and deviation; report to congress (1) Review (A) In general The appropriate acquisition official of the Department shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a). (B) Test and evaluation assessment The review shall include an assessment of whether— (i) the planned testing and evaluation activities have been completed; and (ii) the results of that testing and evaluation demonstrate that the performance milestones are technologically feasible. (2) Report Not later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (A) the results of any assessment that finds that— (i) the actual or planned costs exceed the baseline costs by more than 10 percent; (ii) the actual or planned schedule for delivery has been delayed by more than 180 days; or (iii) there is a failure to meet any performance milestone that directly impacts security effectiveness; (B) the cause for that excessive costs, delay, or failure; and (C) a plan for corrective action. 1614. Inventory utilization (a) In general Before the procurement of additional quantities of equipment to fulfill a mission need, the Administrator, to the extent practicable, shall utilize any existing units in the Administration’s inventory to meet that need. (b) Tracking of inventory (1) In general The Administrator shall establish a process for tracking— (A) the location of security-related equipment in the inventory under subsection (a); (B) the utilization status of security-related technology in the inventory under subsection (a); and (C) the quantity of security-related equipment in the inventory under subsection (a). (2) Internal controls The Administrator shall implement internal controls to ensure up-to-date accurate data on security-related technology owned, deployed, and in use. (c) Logistics management (1) In general The Administrator shall establish logistics principles for managing inventory in an effective and efficient manner. (2) Limitation on just-in-time logistics The Administrator may not use just-in-time logistics if doing so— (A) would inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or (B) would unduly diminish surge capacity for response to a terrorist threat. 1615. Small business contracting goals Not later than 90 days after the date of enactment of the Transportation Security Acquisition Reform Act Committee on Commerce, Science, and Transportation of the Senate Committee on Homeland Security of the House of Representatives (1) the Administration’s performance record with respect to meeting its published small-business contracting goals during the preceding fiscal year; (2) if the goals described in paragraph (1) were not met or the Administration's performance was below the published small-business contracting goals of the Department— (A) a list of challenges, including deviations from the Administration’s subcontracting plans, and factors that contributed to the level of performance during the preceding fiscal year; (B) an action plan, with benchmarks, for addressing each of the challenges identified in subparagraph (A), which— (i) was prepared after consultation with the Secretary of Defense and the heads of Federal departments and agencies that achieved their published goals for prime contracting with small and minority owned businesses, including small and disadvantaged businesses, in prior fiscal years; and (ii) identifies policies and procedures that could be incorporated by the Administration in furtherance of achieving the Administration’s published goal for such contracting; and (3) a status report on the implementation of the action plan that was developed in the preceding fiscal year in accordance with paragraph (2)(B), if such a plan was required. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives The Administrator shall execute the responsibilities set forth in this subtitle in a manner consistent with, and not duplicative of, the Federal Acquisition Regulation and the Department's policies and directives. . (b) Conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by striking the items relating to title XVI and inserting the following: TITLE XVI—Transportation security Subtitle A—General provisions Sec. 1601. Definitions. Subtitle B—Transportation security administration acquisition improvements Sec. 1611. 5-year technology investment plan. Sec. 1612. Acquisition justification and reports. Sec. 1613. Acquisition baseline establishment and reports. Sec. 1614. Inventory utilization. Sec. 1615. Small business contracting goals. Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives. . (c) Prior amendments not affected Nothing in this section may be construed to affect any amendment made by title XVI of the Homeland Security Act of 2002 as in effect before the date of enactment of this Act. 4. Government Accountability Office reports (a) Implementation of previous recommendations Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains an assessment of the Transportation Security Administration’s implementation of recommendations regarding the acquisition of security-related technology that were made by the Government Accountability Office before the date of the enactment of this Act. (b) Implementation of subtitle B of Title XVI Not later than 1 year after the date of the enactment of this Act and 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress that contains an evaluation of the Transportation Security Administration’s progress in implementing subtitle B of title XVI of the Homeland Security Act of 2002 (116 Stat. 2312), including any efficiencies, cost savings, or delays that have resulted from such implementation. 5. Report on feasibility of inventory tracking Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit a report to Congress on the feasibility of tracking security-related technology, including software solutions, of the Administration through automated information and data capture technologies. 6. Government accountability office review of TSA’s test and evaluation process Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes— (1) an evaluation of the Transportation Security Administration’s testing and evaluation activities related to security-related technology; (2) information on the extent to which— (A) the execution of such testing and evaluation activities is aligned, temporally and otherwise, with the Administration’s annual budget request, acquisition needs, planned procurements, and acquisitions for technology programs and projects; and (B) security-related technology that has been tested, evaluated, and certified for use by the Administration but was not procured by the Administration, including the reasons the procurement did not occur; and (3) recommendations— (A) to improve the efficiency and efficacy of such testing and evaluation activities; and (B) to better align such testing and evaluation with the acquisitions process. 7. No additional authorization of appropriations This Act and the amendments made by this Act shall be carried out using amounts otherwise available for such purpose. No additional funds are authorized to be appropriated to carry out this Act or such amendments. November 17, 2014 Reported with an amendment

Transportation Security Acquisition Reform Act

Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how U.S. monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the U.S. economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term; and (3) recommend a course for U.S. monetary policy going forward.

To establish a commission to examine the United States monetary policy, evaluate alternative monetary regimes, and recommend a course for monetary policy going forward. 1. Short title This Act may be cited as the Centennial Monetary Commission Act of 2013 2. Findings Congress finds the following: (1) The Constitution endows Congress with the power to coin money, regulate the value thereof (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain state-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years—most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery—have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve, Congress—consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States—has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve to conduct monetary policy in the 21st century. 3. Establishment There is established a commission to be known as the Centennial Monetary Commission Commission 4. Duties (a) Study of monetary policy The Commission shall— (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including— (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; and (3) recommend a course for United States monetary policy going forward, including— (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on monetary policy Not later than June 30, 2014, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. 5. Membership (a) Number and appointment (1) Voting members by position The Commission shall contain 6 voting members as follows: (A) The Chair of the Joint Economic Committee, who shall serve as Chair of the Commission. (B) The ranking minority member of the Joint Economic Committee, who shall serve as Vice Chair of the Commission. (C) The Chair of the Committee on Financial Services of the House of Representatives or another majority member of such Committee designated by the Chair. (D) The ranking minority member of the Committee on Financial Services of the House of Representatives or another minority member of such Committee designated by the ranking minority member. (E) The Chair of the Committee on Banking, Housing, and Urban Affairs of the Senate or another majority member of such Committee designated by the Chair. (F) The ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate or another minority member of such Committee designated by the ranking minority member. (2) Appointed voting members The Commission shall contain 6 voting members, who may not be Members of Congress, as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) One member appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) One member appointed by the minority leader of the Senate. (3) Non-voting members The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment Each member shall be appointed for the life of the Commission. (c) Timing of appointment All members of the Commission shall be appointed not before January 5, 2013, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings (1) Initial meeting The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further Meetings The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined In this section, the term Member of Congress 6. Powers (a) Hearings and sessions The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract authority To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 (c) Obtaining official data (1) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by— (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies (1) General services administration The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal service 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. 7. Commission personnel (a) Appointment and compensation of staff (1) In General Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants The Commission may procure temporary and intermittent services under section 3109(b) (c) Staff of federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this Act. 8. Termination (a) In general The Commission shall terminate on February 28, 2015. (b) Administrative Activities before termination The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report. 9. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.

Centennial Monetary Commission Act of 2013

Manufacturing Communities Investment Act - Amends the Internal Revenue Code, with respect to the new markets tax credit, to: (1) increase to $5 billion and extend through 2016 the national limitation amount for such credit, and (2) allow an additional $1 billion allocation of such credit in 2014, 2015, and 2016, for a qualified community development entity only if a significant mission of such entity is providing investments and services to manufacturing businesses in communities that have suffered major manufacturing job losses or a major job loss event.

To amend the Internal Revenue Code of 1986 to extend the new markets tax credit and provide designated allocations for areas impacted by a decline in manufacturing. 1. Short title This Act may be cited as the Manufacturing Communities Investment Act 2. Extension of new markets tax credit with designated allocations for areas impacted by decline in manufacturing (a) Extension of credit Section 45D(f)(1) , and (H) $5,000,000,000 for 2014, 2015, and 2016. . (b) Allocations designated for areas impacted by decline in manufacturing Section 45D(f) of such Code is amended by adding at the end the following new paragraph: (4) Allocations for areas impacted by decline in manufacturing The new markets tax credit limitation otherwise determined under paragraph (1) for calendar years 2014, 2015, and 2016 shall each be increased by $1,000,000,000. A qualified community development entity shall be eligible for an allocation under paragraph (2) of the increase described in the preceding sentence only if a significant mission of such entity is providing investments and services to persons in the trade or business of manufacturing products in communities which have suffered major manufacturing job losses or a major manufacturing job loss event, as designated by the Secretary. Paragraph (3) shall be applied separately with respect to the increase provided under this paragraph. . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2013.

Manufacturing Communities Investment Act

Personal Data Privacy and Security Act of 2014 - Defines "sensitive personally identifiable information" to include: (1) specified combinations of data elements in electronic or digital form, such as an individual's name, home address or telephone number, mother's maiden name, and date of birth; (2) a non-truncated social security number, driver's license number, passport number, or government-issued unique identification number; (3) unique biometric data; (4) a unique account identifier; and (5) any security code, access code, password, or secure code that could be used to generate such codes or passwords. Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering. Imposes a prison term of up to five years and/or a fine on any individual who has knowledge of and intentionally and willfully conceals a security breach and such breach results in economic harm of $1,000 or more to any individual. Grants the Secret Service and the Federal Bureau of Investigation (FBI) authority to investigate criminal concealments of security breaches. Increases penalties for fraud and related activity, and imposes criminal penalties for attempts and conspiracies to commit fraud and related activity, in connection with computers. Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization. Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ). Prohibits civil actions involving unauthorized use of a protected computer if a violation of a contractual obligation or agreement constitutes the sole basis for determining that access to the computer is unauthorized. Directs the Attorney General to report the number of criminal cases that involve: (1) unauthorized access to a nongovernmental computer, and (2) conduct in which the sole basis for such a determination was that the defendant violated a contractual obligation or agreement with a service provider or employer. Prohibits, during and in relation to a felony violation of provisions regarding fraud and related activity in connection with computers, intentionally causing or attempting to cause damage to a critical infrastructure computer if such damage results or would have resulted in the substantial impairment of the operation of that computer or associated critical infrastructure. Excludes from the definition of "exceeds authorized access" for purposes of the prohibition against fraudulent use of computers, access in violation of a contractual obligation or agreement with an Internet service provider, Internet website, or nongovernment employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized. Title II: Privacy and Security of Personally Identifiable Information - Subjects a business entity engaging in interstate commerce that involves collecting, accessing, transmitting, using, storing, or disposing of sensitive information in electronic or digital form on 10,000 or more U.S. persons to the requirements for the data privacy and security program established by this title. Excepts: (1) financial institutions subject to the data security requirements and standards under the Gramm-Leach-Bliley Act; (2) specified entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA); (3) service providers for any electronic communication by a third-party to the extent that such provider is exclusively engaged in the transmission, routing, or temporary, intermediate, or transient storage of that communication; and (4) public records not otherwise subject to a confidentiality or nondisclosure requirement. Deems a business entity to be in compliance with such requirements if the entity complies with or provides protection equal to industry standards or standards widely accepted as an effective industry practice that are applicable to the type of sensitive information involved in the ordinary course of business. Requires a business entity subject to this title to: (1) comply with specified safeguards identified by the FTC in a rulemaking process for the protection of sensitive personally identifiable information; and (2) implement a comprehensive personal data privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the entity and the nature and scope of its activities. Requires such program to be designed to: (1) ensure the privacy, security, and confidentiality of sensitive information; (2) protect against any anticipated vulnerabilities; and (3) protect against unauthorized access to use of such information that could create a significant risk of harm or fraud to any individual. Requires such a business entity to: (1) identify reasonably foreseeable vulnerabilities that could result in unauthorized access, disclosure, use, or alteration of sensitive information or systems containing such information; (2) assess the likelihood of and potential damage from unauthorized access to, or disclosure, use, or alteration of, sensitive information; (3) assess the sufficiency of its policies, technologies, and safeguards to control and minimize risks from unauthorized access, disclosure, use, or alteration of sensitive information; (4) assess the vulnerability of sensitive information during destruction and disposal of such information; (5) design its personal data privacy and security program to control risks; (6) adopt measures commensurate with the sensitivity of the data as well as the size, complexity, and scope of activities of the entity that control access to systems and facilities containing sensitive information; (7) establish a plan and procedures for minimizing the amount of sensitive information maintained; and (8) take steps to ensure appropriate employee training and regular testing of key controls, systems, and procedures of the entity's personal data privacy and security program. Prescribes penalties for violations of such requirements. Allows an injunction against a business entity to stop continuing violations of the requirements of this subtitle. Grants authority to the FTC to enforce such requirements. Authorizes state attorneys general and law enforcement agencies to bring civil actions to protect state residents against business entities that are violating such requirements. Preempts state laws relating to administrative, technical, and physical safeguards for the protection of personal information. Requires any agency or business entity engaged in interstate commerce that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information to notify any U.S. resident whose information has been accessed or acquired without unreasonable delay after the discovery of a security breach. Excepts: (1) financial institutions subject to the data security requirements and standards under the Gramm-Leach-Bliley Act, and (2) specified entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Allows exemptions if: (1) the Secret Service or the FBI determines that notification of the security breach could be expected to reveal sensitive sources and methods or similarly impede the government's ability to conduct law enforcement investigations, or (2) the FBI determines that notification of the breach could be expected to damage national security. Provides that an agency or business entity shall be exempt from notice requirements if: (1) a risk assessment concludes that there is no significant risk that a security breach has resulted in, or will result in, identity theft, economic loss or harm, or physical harm to the individuals whose sensitive information was subject to the breach; (2) without unreasonable delay but not later than 45 days after the discovery of the breach, the agency or entity notifies the FTC of the results of the risk assessment and its decision to invoke the exemption; and (3) the FTC does not indicate, within 10 business days from receipt of the decision, that notice should be given. Provides that a business entity will be exempt from notice requirements if it utilizes or participates in a security program that: (1) effectively blocks the use of the sensitive information to initiate unauthorized financial transactions before they are charged to the individual's account, and (2) provides for notice to affected individuals after a security breach that has resulted in fraud or unauthorized transactions. Provides for individual notice by mail, telephone, and e-mail of a security breach and for notice to major media outlets serving a state or jurisdiction if a security breach involves more than 5,000 individuals. Specifies the required content of a security breach  notification. Requires an agency or business entity that is required to provide notification of a breach involving more than 5,000 individuals to also provide notification to credit reporting agencies. Directs the DHS Secretary to designate a federal entity to receive the notices. Requires business entities and federal agencies to report data security breaches to the designated entity if the breach involves: (1) more than 5,000 individuals, (2) a database that contains information about more than 500,000 individuals, (3) a federal government database, or (4) individuals known to be federal employees or contractors involved in national security or law enforcement. Requires the designated agency to report information it receives about security breaches to the Secret Service, FBI, and FTC for civil law enforcement purposes as promptly as possible, but either 72 hours before notice of a breach is required to be provided to an individual or not later than 10 days after the breach is discovered, whichever occurs first. Authorizes the Attorney General and the FTC to bring civil and administrative actions against business entities for violations of this subtitle and to seek injunctive relief or civil penalties. Authorizes state attorneys general or state or local law enforcement agencies to bring a civil action on behalf of state residents who have been threatened or adversely affected by a business entity violating provisions of this title and to obtain injunctive relief or civil penalties. Requires a state attorney general bringing a civil action to provide written notice to the Attorney General who may then move to stay the action, move to consolidate all pending actions, intervene, and file petitions for appeal. Directs the FTC to report on the number and nature of the security breaches described in notices filed by business entities invoking the risk assessment exemption and their response to such notices. Directs the Secret Service and FBI to report on the number and nature of security breaches subject to the national security and law enforcement exemptions. Title III: Compliance with Statutory Pay-As-You-Go Act - Provides that 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, provided that such statement has been submitted prior to the vote on passage.

To prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information. 1. Short title; table of contents (a) Short title This Act may be cited as the Personal Data Privacy and Security 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. Findings. Sec. 3. Definitions. TITLE I—Enhancing punishment for identity theft and other violations of data privacy and security Sec. 101. Organized criminal activity in connection with unauthorized access to personally identifiable information. Sec. 102. Concealment of security breaches involving sensitive personally identifiable information. Sec. 103. Penalties for fraud and related activity in connection with computers. Sec. 104. Trafficking in passwords. Sec. 105. Conspiracy and attempted computer fraud offenses. Sec. 106. Criminal and civil forfeiture for fraud and related activity in connection with computers. Sec. 107. Limitation on civil actions involving unauthorized use. Sec. 108. Reporting of certain criminal cases. Sec. 109. Damage to critical infrastructure computers. Sec. 110. Limitation on actions involving unauthorized use. TITLE II—Privacy and security of personally identifiable information Subtitle A—A Data Privacy and Security Program Sec. 201. Purpose and applicability of data privacy and security program. Sec. 202. Requirements for a personal data privacy and security program. Sec. 203. Enforcement. Sec. 204. Relation to other laws. Subtitle B—Security Breach Notification Sec. 211. Notice to individuals. Sec. 212. Exemptions. Sec. 213. Methods of notice. Sec. 214. Content of notification. Sec. 215. Coordination of notification with credit reporting agencies. Sec. 216. Notice to law enforcement. Sec. 217. Enforcement. Sec. 218. Enforcement by State attorneys general. Sec. 219. Effect on Federal and State law. Sec. 220. Reporting on exemptions. Sec. 221. Effective date. TITLE III—Compliance with statutory Pay-As-You-Go Act Sec. 301. Budget compliance. 2. Findings Congress finds that— (1) databases of personally identifiable information are increasingly prime targets of hackers, identity thieves, rogue employees, and other criminals, including organized and sophisticated criminal operations; (2) identity theft is a serious threat to the Nation's economic stability, national security, homeland security, cybersecurity, the development of e-commerce, and the privacy rights of Americans; (3) security breaches are a serious threat to consumer confidence, homeland security, national security, e-commerce, and economic stability; (4) it is important for business entities that own, use, or license personally identifiable information to adopt reasonable procedures to ensure the security, privacy, and confidentiality of that personally identifiable information; (5) individuals whose personal information has been compromised or who have been victims of identity theft should receive the necessary information and assistance to mitigate their damages and to restore the integrity of their personal information and identities; (6) data misuse and use of inaccurate data have the potential to cause serious or irreparable harm to an individual's livelihood, privacy, and liberty and undermine efficient and effective business and government operations; (7) government access to commercial data can potentially improve safety, law enforcement, and national security; and (8) because government use of commercial data containing personal information potentially affects individual privacy, and law enforcement and national security operations, there is a need for Congress to exercise oversight over government use of commercial data. 3. Definitions In this Act, the following definitions shall apply: (1) Affiliate The term affiliate (2) Agency The term agency (3) Business entity The term business entity (4) Data system communication information The term data system communication information (5) Designated entity The term designated entity (6) Encryption The term encryption (A) means the protection of data in electronic form, in storage or in transit, using an encryption technology that has been generally accepted by experts in the field of information security that renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data; and (B) includes appropriate management and safeguards of such cryptographic keys so as to protect the integrity of the encryption. (7) Identity theft The term identity theft section 1028(a)(7) (8) Personally identifiable information The term personally identifiable information section 1028(d)(7) (9) Public record source The term public record source (10) Security breach (A) In general The term security breach (i) the unauthorized acquisition of sensitive personally identifiable information; and (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization. (B) Exclusion The term security breach (i) a good faith acquisition of sensitive personally identifiable information by a business entity or agency, or an employee or agent of a business entity or agency, if the sensitive personally identifiable information is not subject to further unauthorized disclosure; (ii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements or the release of information obtained from a public record, including information obtained from a news report or periodical; or (iii) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the United States, a State, or a political subdivision of a State. (11) Sensitive personally identifiable information The term sensitive personally identifiable information (A) An individual's first and last name or first initial and last name in combination with any two of the following data elements: (i) Home address or telephone number. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (B) A non-truncated social security number, driver's license number, passport number, or alien registration number or other government-issued unique identification number. (C) Unique biometric data such as a fingerprint, voice print, a retina or iris image, or any other unique physical representation. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (E) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. (ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (iii) Any security code, access code, or password, or source code that could be used to generate such codes or passwords. (12) Service provider The term service provider I Enhancing punishment for identity theft and other violations of data privacy and security 101. Organized criminal activity in connection with unauthorized access to personally identifiable information Section 1961(1) of title 18, United States Code, is amended by inserting section 1030 (relating to fraud and related activity in connection with computers) if the act is a felony, section 1084 102. Concealment of security breaches involving sensitive personally identifiable information (a) In General Chapter 47 1041. Concealment of security breaches involving sensitive personally identifiable information (a) In general Whoever, having knowledge of a security breach and of the fact that notice of such security breach is required under title II of the Personal Data Privacy and Security Act of 2014 (b) Person defined For purposes of subsection (a), the term person (c) Notice requirement Any person seeking an exemption under section 212(b) of the Personal Data Privacy and Security Act of 2014 . (b) Conforming and Technical Amendments The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Concealment of security breaches involving sensitive personally identifiable information. . (c) Enforcement authority (1) In general The United States Secret Service and Federal Bureau of Investigation shall have the authority to investigate offenses under section 1041 (2) Nonexclusivity The authority granted in paragraph (1) shall not be exclusive of any existing authority held by any other Federal agency. 103. Penalties for fraud and related activity in connection with computers Section 1030(c) (c) The punishment for an offense under subsection (a) or (b) of this section is— (1) a fine under this title or imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(1) of this section; (2) (A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than 3 years, or both, in the case of an offense under subsection (a)(2); or (B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under paragraph (a)(2) of this section, if— (i) the offense was committed for purposes of commercial advantage or private financial gain; (ii) the offense was committed in the furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States, or of any State; or (iii) the value of the information obtained, or that would have been obtained if the offense was completed, exceeds $5,000; (3) a fine under this title or imprisonment for not more than 1 year, or both, in the case of an offense under subsection (a)(3) of this section; (4) a fine under this title or imprisonment of not more than 20 years, or both, in the case of an offense under subsection (a)(4) of this section; (5) (A) except as provided in subparagraph (D), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A) of this section, if the offense caused— (i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; (ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; (iii) physical injury to any person; (iv) a threat to public health or safety; (v) damage affecting a computer used by, or on behalf of, an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or (vi) damage affecting 10 or more protected computers during any 1-year period; (B) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(B), if the offense caused a harm provided in clauses (i) through (vi) of subparagraph (A) of this subsection; (C) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or (D) a fine under this title, imprisonment for not more than 1 year, or both, for any other offense under subsection (a)(5); (6) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(6) of this section; or (7) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(7) of this section. . 104. Trafficking in passwords Section 1030(a) of title 18, United States Code, is amended by striking paragraph (6) and inserting the following: (6) knowingly and with intent to defraud traffics (as defined in section 1029) in— (A) any password or similar information through which a protected computer as defined in subparagraphs (A) and (B) of subsection (e)(2) may be accessed without authorization; or (B) any means of access through which a protected computer as defined in subsection (e)(2)(A) may be accessed without authorization. . 105. Conspiracy and attempted computer fraud offenses Section 1030(b) for the completed offense punished as provided 106. Criminal and civil forfeiture for fraud and related activity in connection with computers Section 1030 of title 18, United States Code, is amended by striking subsections (i) and (j) and inserting the following: (i) Criminal Forfeiture (1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such person’s interest in any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of such violation; and (B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. (2) The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 (j) Civil Forfeiture (1) The following shall be subject to forfeiture to the United States and no property right, real or personal, shall exist in them: (A) Any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of any violation of this section, or a conspiracy to violate this section. (B) Any property, real or personal, constituting or derived from any gross proceeds obtained directly or indirectly, or any property traceable to such property, as a result of the commission of any violation of this section, or a conspiracy to violate this section. (2) Seizures and forfeitures under this subsection shall be governed by the provisions in chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. . 107. Limitation on civil actions involving unauthorized use Section 1030(g) (1) by inserting (1) Any person (2) by adding at the end the following: (2) No action may be brought under this subsection if a violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, constitutes the sole basis for determining that access to the protected computer is unauthorized, or in excess of authorization. . 108. Reporting of certain criminal cases Section 1030 of title 18, United States Code, is amended by adding at the end the following: (k) Reporting certain criminal cases Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives the number of criminal cases brought under subsection (a) that involve conduct in which— (1) the defendant— (A) exceeded authorized access to a non-governmental computer; or (B) accessed a non-governmental computer without authorization; and (2) the sole basis for the Government determining that access to the non-governmental computer was unauthorized, or in excess of authorization was that the defendant violated a contractual obligation or agreement with a service provider or employer, such as an acceptable use policy or terms of service agreement. . 109. Damage to critical infrastructure computers (a) In general Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer (a) Definitions In this section— (1) the terms computer damage (2) the term critical infrastructure computer (A) gas and oil production, storage, and delivery systems; (B) water supply systems; (C) telecommunication networks; (D) electrical power delivery systems; (E) finance and banking systems; (F) emergency services; (G) transportation systems and services; and (H) government operations that provide essential services to the public. (b) Offense It shall be unlawful to, during and in relation to a felony violation of section 1030, intentionally cause or attempt to cause damage to a critical infrastructure computer, and such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment— (1) of the operation of the critical infrastructure computer; or (2) of the critical infrastructure associated with the computer. (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned for not less than 3 years nor more than 20 years, or both. (d) Consecutive sentence Notwithstanding any other provision of law— (1) a court shall not place on probation any person convicted of a violation of this section; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment, including any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation section 1030; (3) in determining any term of imprisonment to be imposed for a felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. . (b) Technical and conforming amendment The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer. . 110. Limitation on actions involving unauthorized use Section 1030(e)(6) alter; alter, but does not include access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or non-government employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized; II Privacy and security of personally identifiable information A A Data Privacy and Security Program 201. Purpose and applicability of data privacy and security program (a) Purpose The purpose of this subtitle is to ensure standards for developing and implementing administrative, technical, and physical safeguards to protect the security of sensitive personally identifiable information. (b) Applicability A business entity engaging in interstate commerce that involves collecting, accessing, transmitting, using, storing, or disposing of sensitive personally identifiable information in electronic or digital form on 10,000 or more United States persons is subject to the requirements for a data privacy and security program under section 202 for protecting sensitive personally identifiable information. (c) Limitations Notwithstanding any other obligation under this subtitle, this subtitle does not apply to the following: (1) Financial institutions Financial institutions— (A) subject to the data security requirements and standards under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (B) subject to the jurisdiction of an agency or authority described in section 505(a) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6805(a) (2) HIPAA regulated entities (A) Covered entities Covered entities subject to the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (B) Business entities A business entity shall be deemed in compliance with this Act if the business entity— (i) is acting as a business associate, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (ii) is subject to, and currently in compliance, with the privacy and data security requirements under sections 13401 and 13404 of division A of the American Reinvestment and Recovery Act of 2009 (42 U.S.C. 17931 and 17934) and implementing regulations promulgated under such sections. (3) Service providers A service provider for any electronic communication by a third party, to the extent that the service provider is exclusively engaged in the transmission, routing, or temporary, intermediate, or transient storage of that communication. (4) Public records Public records not otherwise subject to a confidentiality or nondisclosure requirement, or information obtained from a public record, including information obtained from a news report or periodical. (d) Safe Harbors (1) In general A business entity shall be deemed in compliance with the privacy and security program requirements under section 202 if the business entity complies with or provides protection equal to industry standards or standards widely accepted as an effective industry practice, as identified by the Federal Trade Commission, that are applicable to the type of sensitive personally identifiable information involved in the ordinary course of business of such business entity. (2) Limitation Nothing in this subsection shall be construed to permit, and nothing does permit, the Federal Trade Commission to issue regulations requiring, or according greater legal status to, the implementation of or application of a specific technology or technological specifications for meeting the requirements of this title. 202. Requirements for a personal data privacy and security program (a) Personal Data Privacy and Security Program A business entity subject to this subtitle shall comply with the following safeguards and any other administrative, technical, or physical safeguards identified by the Federal Trade Commission in a rulemaking process pursuant to section 553 (1) Scope A business entity shall implement a comprehensive personal data privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the business entity and the nature and scope of its activities. (2) Design The personal data privacy and security program shall be designed to— (A) ensure the privacy, security, and confidentiality of sensitive personally identifying information; (B) protect against any anticipated vulnerabilities to the privacy, security, or integrity of sensitive personally identifying information; and (C) protect against unauthorized access to use of sensitive personally identifying information that could create a significant risk of harm or fraud to any individual. (3) Risk assessment A business entity shall— (A) identify reasonably foreseeable internal and external vulnerabilities that could result in unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information or systems containing sensitive personally identifiable information; (B) assess the likelihood of and potential damage from unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information; (C) assess the sufficiency of its policies, technologies, and safeguards in place to control and minimize risks from unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information; and (D) assess the vulnerability of sensitive personally identifiable information during destruction and disposal of such information, including through the disposal or retirement of hardware. (4) Risk management and control Each business entity shall— (A) design its personal data privacy and security program to control the risks identified under paragraph (3); (B) adopt measures commensurate with the sensitivity of the data as well as the size, complexity, and scope of the activities of the business entity that— (i) control access to systems and facilities containing sensitive personally identifiable information, including controls to authenticate and permit access only to authorized individuals; (ii) detect, record, and preserve information relevant to actual and attempted fraudulent, unlawful, or unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information, including by employees and other individuals otherwise authorized to have access; (iii) protect sensitive personally identifiable information during use, transmission, storage, and disposal by encryption, redaction, or access controls that are widely accepted as an effective industry practice or industry standard, or other reasonable means (including as directed for disposal of records under section 628 of the Fair Credit Reporting Act ( 15 U.S.C. 1681w section 682 (iv) ensure that sensitive personally identifiable information is properly destroyed and disposed of, including during the destruction of computers, diskettes, and other electronic media that contain sensitive personally identifiable information; (v) trace access to records containing sensitive personally identifiable information so that the business entity can determine who accessed or acquired such sensitive personally identifiable information pertaining to specific individuals; and (vi) ensure that no third party or customer of the business entity is authorized to access or acquire sensitive personally identifiable information without the business entity first performing sufficient due diligence to ascertain, with reasonable certainty, that such information is being sought for a valid legal purpose; and (C) establish a plan and procedures for minimizing the amount of sensitive personally identifiable information maintained by such business entity, which shall provide for the retention of sensitive personally identifiable information only as reasonably needed for the business purposes of such business entity or as necessary to comply with any legal obligation. (b) Training Each business entity subject to this subtitle shall take steps to ensure employee training and supervision for implementation of the data security program of the business entity. (c) Vulnerability testing (1) In general Each business entity subject to this subtitle shall take steps to ensure regular testing of key controls, systems, and procedures of the personal data privacy and security program to detect, prevent, and respond to attacks or intrusions, or other system failures. (2) Frequency The frequency and nature of the tests required under paragraph (1) shall be determined by the risk assessment of the business entity under subsection (a)(3). (d) Relationship to certain providers of services In the event a business entity subject to this subtitle engages a person or entity not subject to this subtitle (other than a service provider) to receive sensitive personally identifiable information in performing services or functions (other than the services or functions provided by a service provider) on behalf of and under the instruction of such business entity, such business entity shall— (1) exercise appropriate due diligence in selecting the person or entity for responsibilities related to sensitive personally identifiable information, and take reasonable steps to select and retain a person or entity that is capable of maintaining appropriate safeguards for the security, privacy, and integrity of the sensitive personally identifiable information at issue; and (2) require the person or entity by contract to implement and maintain appropriate measures designed to meet the objectives and requirements governing entities subject to section 201, this section, and subtitle B. (e) Periodic Assessment and Personal Data Privacy and Security Modernization Each business entity subject to this subtitle shall on a regular basis monitor, evaluate, and adjust, as appropriate its data privacy and security program in light of any relevant changes in— (1) technology; (2) the sensitivity of personally identifiable information; (3) internal or external threats to personally identifiable information; and (4) the changing business arrangements of the business entity, such as— (A) mergers and acquisitions; (B) alliances and joint ventures; (C) outsourcing arrangements; (D) bankruptcy; and (E) changes to sensitive personally identifiable information systems. (f) Implementation Timeline Not later than 1 year after the date of enactment of this Act, a business entity subject to the provisions of this subtitle shall implement a data privacy and security program pursuant to this subtitle. 203. Enforcement (a) Civil Penalties (1) In general Any business entity that violates the provisions of section 201 or 202 shall be subject to civil penalties of not more than $5,000 per violation per day while such a violation exists, with a maximum of $500,000 per violation. (2) Intentional or willful violation A business entity that intentionally or willfully violates the provisions of section 201 or 202 shall be subject to additional penalties in the amount of $5,000 per violation per day while such a violation exists, with a maximum of an additional $500,000 per violation. (3) Penalty limits (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions shall not exceed $500,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $500,000. (4) Equitable relief A business entity engaged in interstate commerce that violates this section may be enjoined from further violations by a United States district court. (5) Other rights and remedies The rights and remedies available under this section are cumulative and shall not affect any other rights and remedies available under law. (b) Federal Trade Commission Authority Any business entity shall have the provisions of this subtitle enforced against it by the Federal Trade Commission. (c) State Enforcement (1) Civil actions In any case in which the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the acts or practices of a business entity that violate this subtitle, the State may bring a civil action on behalf of the residents of that State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that act or practice; (B) enforce compliance with this subtitle; or (C) obtain civil penalties of not more than $5,000 per violation per day while such violations persist, up to a maximum of $500,000 per violation. (2) Penalty limits (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions shall not exceed $500,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $500,000. (3) Notice (A) In general Before filing an action under this subsection, the attorney general of the State involved shall provide to the Federal Trade Commission— (i) a written notice of that action; and (ii) a copy of the complaint for that action. (B) Exception Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general of a State determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action. (C) Notification when practicable In an action described under subparagraph (B), the attorney general of a State shall provide the written notice and the copy of the complaint to the Federal Trade Commission as soon after the filing of the complaint as practicable. (4) Federal trade commission authority Upon receiving notice under paragraph (2), the Federal Trade Commission shall have the right to— (A) move to stay the action, pending the final disposition of a pending Federal proceeding or action as described in paragraph (4); (B) intervene in an action brought under paragraph (1); and (C) file petitions for appeal. (5) Pending proceedings If the Federal Trade Commission initiates a Federal civil action for a violation of this subtitle, or any regulations thereunder, no attorney general of a State may bring an action for a violation of this subtitle that resulted from the same or related acts or omissions against a defendant named in the Federal civil action initiated by the Federal Trade Commission. (6) Rule of construction For purposes of bringing any civil action under paragraph (1) nothing in this subtitle shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths and affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (7) Venue; service of process (A) Venue Any action brought under this subsection may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 (B) Service of process In an action brought under this subsection, process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (d) No Private Cause of Action Nothing in this subtitle establishes a private cause of action against a business entity for violation of any provision of this subtitle. 204. Relation to other laws (a) In General No State may require any business entity subject to this subtitle to comply with any requirements with respect to administrative, technical, and physical safeguards for the protection of personal information. (b) Limitations Nothing in this subtitle shall be construed to modify, limit, or supersede the operation of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. B Security Breach Notification 211. Notice to individuals (a) In General Except as provided in section 212, any agency, or business entity engaged in interstate commerce, other than a service provider, that uses, accesses, transmits, stores, disposes of or collects sensitive personally identifiable information shall, following the discovery of a security breach of such information, notify any resident of the United States whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed, or acquired. (b) Obligation of Owner or Licensee (1) Notice to owner or licensee Any agency, or business entity engaged in interstate commerce, that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information that the agency or business entity does not own or license shall notify the owner or licensee of the information following the discovery of a security breach involving such information. (2) Notice by owner, licensee, or other designated third party Nothing in this subtitle shall prevent or abrogate an agreement between an agency or business entity required to give notice under this section and a designated third party, including an owner or licensee of the sensitive personally identifiable information subject to the security breach, to provide the notifications required under subsection (a). (3) Business entity relieved from giving notice A business entity obligated to give notice under subsection (a) shall be relieved of such obligation if an owner or licensee of the sensitive personally identifiable information subject to the security breach, or other designated third party, provides such notification. (4) Service providers If a service provider becomes aware of a security breach of data in electronic form containing sensitive personal information that is owned or possessed by another business entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, the service provider shall be required to notify the business entity who initiated such connection, transmission, routing, or storage of the security breach if the business entity can be reasonably identified. Upon receiving such notification from a service provider, the business entity shall be required to provide the notification required under subsection (a). (c) Timeliness of Notification (1) In general All notifications required under this section shall be made without unreasonable delay following the discovery by the agency or business entity of a security breach. (2) Reasonable delay (A) In general Reasonable delay under this subsection may include any time necessary to determine the scope of the security breach, prevent further disclosures, conduct the risk assessment described in section 202(a)(3), and restore the reasonable integrity of the data system and provide notice to law enforcement when required. (B) Extension (i) In general Except as provided in subsection (d), delay of notification shall not exceed 60 days following the discovery of the security breach, unless the business entity or agency requests an extension of time and the Federal Trade Commission determines in writing that additional time is reasonably necessary to determine the scope of the security breach, prevent further disclosures, conduct the risk assessment, restore the reasonable integrity of the data system, or to provide notice to the designated entity. (ii) Approval of request If the Federal Trade Commission approves the request for delay, the agency or business entity may delay the time period for notification for additional periods of up to 30 days. (3) Burden of production The agency, business entity, owner, or licensee required to provide notice under this subtitle shall, upon the request of the Attorney General or the Federal Trade Commission provide records or other evidence of the notifications required under this subtitle, including to the extent applicable, the reasons for any delay of notification. (d) Delay of notification authorized for law enforcement or national security purposes (1) In general If the United States Secret Service or the Federal Bureau of Investigation determines that the notification required under this section would impede a criminal investigation, or national security activity, such notification shall be delayed upon written notice from the United States Secret Service or the Federal Bureau of Investigation to the agency or business entity that experienced the breach. The notification from the United States Secret Service or the Federal Bureau of Investigation shall specify in writing the period of delay requested for law enforcement or national security purposes. (2) Extended delay of notification If the notification required under subsection (a) is delayed pursuant to paragraph (1), an agency or business entity shall give notice 30 days after the day such law enforcement or national security delay was invoked unless a Federal law enforcement or intelligence agency provides written notification that further delay is necessary. (3) Law enforcement immunity No non-constitutional cause of action shall lie in any court against any agency for acts relating to the delay of notification for law enforcement or national security purposes under this subtitle. (e) Limitations Notwithstanding any other obligation under this subtitle, this subtitle does not apply to the following: (1) Financial institutions Financial institutions— (A) subject to the data security requirements and standards under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (B) subject to the jurisdiction of an agency or authority described in section 505(a) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6805(a) (2) HIPAA regulated entities (A) Covered entities Covered entities subject to the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (B) Business entities A business entity shall be deemed in compliance with this Act if the business entity— (i) (I) is acting as a covered entity and as a business associate, as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (II) is subject to, and currently in compliance, with the data breach notification, privacy and data security requirements under the Health Information Technology for Economic and Clinical Health (HITECH) Act, ( 42 U.S.C. 17932 (ii) is acting as a vendor of personal health records and third party service provider, subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. 17937), including the data breach notification requirements and implementing regulations of that Act. 212. Exemptions (a) Exemption for National Security and Law Enforcement (1) In general Section 211 shall not apply to an agency or business entity if— (A) the United States Secret Service or the Federal Bureau of Investigation determines that notification of the security breach could be expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement investigations; or (B) the Federal Bureau of Investigation determines that notification of the security breach could be expected to cause damage to the national security. (2) Immunity No non-constitutional cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification for law enforcement or national security purposes under this title. (b) Safe Harbor (1) In general An agency or business entity shall be exempt from the notice requirements under section 211, if— (A) a risk assessment conducted by the agency or business entity concludes that, based upon the information available, there is no significant risk that a security breach has resulted in, or will result in, identity theft, economic loss or harm, or physical harm to the individuals whose sensitive personally identifiable information was subject to the security breach; (B) without unreasonable delay, but not later than 45 days after the discovery of a security breach, unless extended by the Federal Trade Commission, the agency or business entity notifies the Federal Trade Commission, in writing, of— (i) the results of the risk assessment; and (ii) its decision to invoke the risk assessment exemption; and (C) the Federal Trade Commission does not indicate, in writing, within 10 business days from receipt of the decision, that notice should be given. (2) Rebuttable presumptions For purposes of paragraph (1)— (A) the encryption of sensitive personally identifiable information described in paragraph (1)(A)(i) shall establish a rebuttable presumption that no significant risk exists; and (B) the rendering of sensitive personally identifiable information described in paragraph (1)(A)(ii) unusable, unreadable, or indecipherable through data security technology or methodology that is generally accepted by experts in the field of information security, such as redaction or access controls shall establish a rebuttable presumption that no significant risk exists. (3) Violation It shall be a violation of this section to— (A) fail to conduct the risk assessment in a reasonable manner, or according to standards generally accepted by experts in the field of information security; or (B) submit the results of a risk assessment that contains fraudulent or deliberately misleading information. (c) Financial fraud prevention exemption (1) In general A business entity will be exempt from the notice requirement under section 211 if the business entity utilizes or participates in a security program that— (A) effectively blocks the use of the sensitive personally identifiable information to initiate unauthorized financial transactions before they are charged to the account of the individual; and (B) provides for notice to affected individuals after a security breach that has resulted in fraud or unauthorized transactions. (2) Limitation The exemption in paragraph (1) does not apply if the information subject to the security breach includes an individual's first and last name, or any other type of sensitive personally identifiable information as defined in section 3, unless that information is only a credit card number or credit card security code. 213. Methods of notice An agency or business entity shall be in compliance with section 211 if it provides the following: (1) Individual notice Notice to individuals by one of the following means: (A) Written notification to the last known home mailing address of the individual in the records of the agency or business entity. (B) Telephone notice to the individual personally. (C) E-mail notice, if the individual has consented to receive such notice and the notice is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001). (2) Media notice Notice to major media outlets serving a State or jurisdiction, if the number of residents of such State whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person exceeds 5,000. 214. Content of notification (a) In General Regardless of the method by which notice is provided to individuals under section 213, such notice shall include, to the extent possible— (1) a description of the categories of sensitive personally identifiable information that was, or is reasonably believed to have been, accessed or acquired by an unauthorized person; (2) a toll-free number— (A) that the individual may use to contact the agency or business entity, or the agent of the agency or business entity; and (B) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual; and (3) the toll-free contact telephone numbers and addresses for the major credit reporting agencies. (b) Additional content Notwithstanding section 219, a State may require that a notice under subsection (a) shall also include information regarding victim protection assistance provided for by that State. (c) Direct Business Relationship Regardless of whether a business entity, agency, or a designated third party provides the notice required pursuant to section 211(b), such notice shall include the name of the business entity or agency that has a direct relationship with the individual being notified. 215. Coordination of notification with credit reporting agencies If an agency or business entity is required to provide notification to more than 5,000 individuals under section 211(a), the agency or business entity shall also notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) 216. Notice to law enforcement (a) Designation of government entity To receive notice (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall designate a Federal Government entity to receive the notices required under section 212 and this section, and any other reports and information about information security incidents, threats, and vulnerabilities. (2) Responsibilities of the designated entity The designated entity shall— (A) be responsible for promptly providing the information that it receives to the United States Secret Service and the Federal Bureau of Investigation, and to the Federal Trade Commission for civil law enforcement purposes; and (B) provide the information described in subparagraph (A) as appropriate to other Federal agencies for law enforcement, national security, or data security purposes. (b) Notice Any business entity or agency shall notify the designated entity of the fact that a security breach has occurred if— (1) the number of individuals whose sensitive personally identifying information was, or is reasonably believed to have been accessed or acquired by an unauthorized person exceeds 5,000; (2) the security breach involves a database, networked or integrated databases, or other data system containing the sensitive personally identifiable information of more than 500,000 individuals nationwide; (3) the security breach involves databases owned by the Federal Government; or (4) the security breach involves primarily sensitive personally identifiable information of individuals known to the agency or business entity to be employees and contractors of the Federal Government involved in national security or law enforcement. (c) FTC rulemaking and review of thresholds (1) Reports Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission, in consultation with the Attorney General of the United States and the Secretary of Homeland Security, shall promulgate regulations under section 553 (2) Thresholds for notice The Federal Trade Commission, in consultation with the Attorney General and the Secretary of Homeland Security, after notice and the opportunity for public comment, and in a manner consistent with this section, shall promulgate regulations, as necessary, under section 553 of title 5, United States Code, to adjust the thresholds for notice to law enforcement and national security authorities under subsection (a) and to facilitate the purposes of this section. (d) Timing The notice required under subsection (a) shall be provided as promptly as possible, but such notice must be provided either 72 hours before notice is provided to an individual pursuant to section 211, or not later than 10 days after the business entity or agency discovers the security breach or discovers that the nature of the security breach requires notice to law enforcement under this section, whichever occurs first. 217. Enforcement (a) In general The Attorney General and the Federal Trade Commission may enforce civil violations of section 211. (b) Civil actions by the Attorney General of the United States (1) In general The Attorney General may bring a civil action in the appropriate United States district court against any business entity that engages in conduct constituting a violation of this subtitle and, upon proof of such conduct by a preponderance of the evidence, such business entity shall be subject to a civil penalty of not more than $11,000 per day per security breach. (2) Penalty limitation Notwithstanding any other provision of law, the total amount of the civil penalty assessed against a business entity for conduct involving the same or related acts or omissions that results in a violation of this subtitle may not exceed $1,000,000. (3) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (4) Additional penalty limit If a court determines under paragraph (3) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $1,000,000. (c) Injunctive actions by the Attorney General (1) In general If it appears that a business entity has engaged, or is engaged, in any act or practice constituting a violation of this subtitle, the Attorney General may petition an appropriate district court of the United States for an order— (A) enjoining such act or practice; or (B) enforcing compliance with this subtitle. (2) Issuance of order A court may issue an order under paragraph (1), if the court finds that the conduct in question constitutes a violation of this subtitle. (d) Civil actions by the Federal Trade Commission (1) In general Compliance with the requirements imposed under this subtitle may be enforced under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) by the Federal Trade Commission with respect to business entities subject to this Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title. (2) Penalty limitation (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions may not exceed $1,000,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $1,000,000. (3) Unfair or deceptive acts or practices For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this title shall constitute an unfair or deceptive act or practice in commerce in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(I)(B) (e) Coordination of enforcement (1) In general Before opening an investigation, the Federal Trade Commission shall consult with the Attorney General. (2) Limitation The Federal Trade Commission may initiate investigations under this subsection unless the Attorney General determines that such an investigation would impede an ongoing criminal investigation or national security activity. (3) Coordination agreement (A) In general In order to avoid conflicts and promote consistency regarding the enforcement and litigation of matters under this Act, not later than 180 days after the enactment of this Act, the Attorney General and the Federal Trade Commission shall enter into an agreement for coordination regarding the enforcement of this Act. (B) Requirement The coordination agreement entered into under subparagraph (A) shall include provisions to ensure that parallel investigations and proceedings under this section are conducted in a matter that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws. (4) Coordination with the FCC If an enforcement action under this Act relates to customer proprietary network information, the Federal Trade Commission shall coordinate the enforcement action with the Federal Communications Commission. (f) Rulemaking The Federal Trade Commission may, in consultation with the Attorney General, issue such other regulations as it determines to be necessary to carry out this subtitle. All regulations promulgated under this Act shall be issued in accordance with section 553 (g) Other rights and remedies The rights and remedies available under this subtitle are cumulative and shall not affect any other rights and remedies available under law. (h) Fraud alert Section 605A(b)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681c–1(b)(1)) is amended by inserting , or evidence that the consumer has received notice that the consumer's financial information has or may have been compromised, identity theft report 218. Enforcement by State attorneys general (a) In general (1) Civil actions In any case in which the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of a business entity in a practice that is prohibited under this subtitle, the State or the State or local law enforcement agency on behalf of the residents of the agency's jurisdiction, may bring a civil action on behalf of the residents of the State or jurisdiction in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this subtitle; or (C) civil penalties of not more than $11,000 per day per security breach up to a maximum of $1,000,000 per violation, unless such conduct is found to be willful or intentional. (2) Penalty limitation (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions may not exceed $1,000,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $1,000,000. (3) Notice (A) In general Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General of the United States— (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption (i) In general Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subtitle, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. (ii) Notification In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. (b) Federal proceedings Upon receiving notice under subsection (a)(2), the Attorney General shall have the right to— (1) move to stay the action, pending the final disposition of a pending Federal proceeding or action; (2) initiate an action in the appropriate United States district court under section 217 and move to consolidate all pending actions, including State actions, in such court; (3) intervene in an action brought under subsection (a)(2); and (4) file petitions for appeal. (c) Pending proceedings If the Attorney General or the Federal Trade Commission initiate a criminal proceeding or civil action for a violation of a provision of this subtitle, or any regulations thereunder, no attorney general of a State may bring an action for a violation of a provision of this subtitle against a defendant named in the Federal criminal proceeding or civil action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this subtitle regarding notification shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process (1) Venue Any action brought under subsection (a) may be brought in— (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 (B) another court of competent jurisdiction. (2) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. (f) No private cause of action Nothing in this subtitle establishes a private cause of action against a business entity for violation of any provision of this subtitle. 219. Effect on Federal and State law For any entity, or agency that is subject to this subtitle, the provisions of this subtitle shall supersede any other provision of Federal law, or any provisions of the law of any State, relating to notification of a security breach, except as provided in section 214(b). Nothing in this subtitle shall be construed to modify, limit, or supersede the operation of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) or its implementing regulations, including those regulations adopted or enforced by States, the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. 42 U.S.C. 17937 220. Reporting on exemptions (a) FTC report Not later than 18 months after the date of enactment of this Act, and upon request by Congress thereafter, the Federal Trade Commission shall submit a report to Congress on the number and nature of the security breaches described in the notices filed by those business entities invoking the risk assessment exemption under section 212(b) and their response to such notices. (b) Law enforcement report (1) In general Not later than 18 months after the date of enactment of this Act, and upon the request by Congress thereafter, the United States Secret Service and Federal Bureau of Investigation shall submit a report to Congress on the number and nature of security breaches subject to the national security and law enforcement exemptions under section 212(a). (2) Requirement The report required under paragraph (1) shall not include the contents of any risk assessment provided to the United States Secret Service and the Federal Bureau of Investigation under this subtitle. 221. Effective date This subtitle shall take effect on the expiration of the date which is 90 days after the date of enactment of this Act. III Compliance with statutory Pay-As-You-Go Act 301. Budget compliance 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

Personal Data Privacy and Security Act of 2014

Truth in Settlements Act of 2014 - Sets forth new requirements for the public disclosure of any covered settlement agreement entered into by a federal executive agency.  Defines "covered settlement agreement" as a settlement agreement (including a consent decree) that: (1) is entered into by an executive agency, (2) relates to an alleged violation of federal civil or criminal law, and (3) requires the payment of not less than $1 million by one or more non-federal persons (a person that is not an entity within the federal government). Requires the head of each executive agency to make publicly available on the agency website a list of each covered settlement agreement entered into by the agency, which shall include: (1) the names of the parties to the settlement agreement and the date of such agreement; (2) a description of the claims that were settled under the agreement; (3) the amount each party to the agreement is obligated to pay under the terms of the agreement and the total amounts required to be paid; and (4) for each settling party, the amount the settling party is obligated to pay that is expressly specified as a civil or criminal penalty or fine or as not tax deductible. Requires: (1) such information to remain publicly available for at least five years after the date of the agreement, and (2) a copy of a covered settlement agreement to remain publicly available until at least one year after the date of the agreement, or until five years after such date for an agreement under which a non-federal person is required to pay not less than $50 million. Requires an executive agency head who determines that a confidentiality provision in a covered settlement agreement, or the sealing of an agreement, is required to protect the public interest, to issue a public statement explaining why such action is necessary, what interests confidentially protects, and why the interest protected outweighs the public's interest in knowing about the conduct of the federal government and the expenditure of federal resources. Requires any written public statement issued by an executive agency that refers to an amount to be paid by a non-federal person under a covered settlement agreement to: (1) specify which portion of the amount to be paid is expressly specified as a civil or criminal penalty or fine to be paid for a violation of federal law or is not tax deductible; and (2) describe in detail, if no portion paid under the settlement agreement is expressly specified as a civil or criminal penalty or fine, any actions the non-federal person shall take under the agreement in lieu of payment to the federal government or a state or local government and any payments or compensation the non-federal person shall make to other non-federal persons under the agreement. Requires: (1) the head of an executive agency to report to all congressional committees that have jurisdiction over the agency's activities on how many covered settlement agreements the agency entered into during the fiscal year and how many such agreements had terms or conditions required to be kept confidential; and (2) the issuer of securities subject to reporting requirements under the Securities Exchange Act of 1934 to describe in required reports any claim of a tax deduction relating to a payment under a covered settlement agreement. Requires the Comptroller General to report to Congress on how executive agencies determine whether the terms of a settlement agreement or its existence will be treated as confidential.

To require adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies, and for other purposes. 1. Short title This Act may be cited as the Truth in Settlements Act of 2014 2. Information regarding settlement agreements entered into by Federal agencies (a) Requirements for settlement agreements (1) In general Chapter 3 307. Information regarding settlement agreements (a) Definitions In this section— (1) the term covered settlement agreement (A) is entered into by an Executive agency; (B) relates to an alleged violation of Federal civil or criminal law; and (C) requires the payment of a total of not less than $1,000,000 by one or more non-Federal persons; (2) the term entity within the Federal Government (3) the term non-Federal person (b) Information To be posted online (1) Requirement (A) In general Subject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency— (i) a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement— (I) the date on which the parties entered into the covered settlement agreement; (II) the names of the parties that settled claims under the covered settlement agreement; (III) a description of the claims each party settled under the covered settlement agreement; (IV) the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement; (V) the total amount the settling parties are obligated to pay under the settlement agreement; and (VI) for each settling party, the amount the settling party is obligated to pay that has been designated as a civil penalty or fine, or otherwise specified as not tax deductible under the covered settlement agreement; and (ii) a copy of each covered settlement agreement entered into by the Executive agency. (B) Confidentiality provisions The requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof). (2) Period The head of each Executive agency shall ensure that— (A) information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) until at least the date that is 5 years after the date of the covered settlement agreement; and (B) a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available until— (i) at least the date that is 1 year after the date of the covered settlement agreement; or (ii) for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, at least the date that is 5 years after the date of the covered settlement agreement. (c) Public statement If the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain— (1) what interests confidentiality protects; and (2) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. (d) Requirements for written public statements Any written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall— (1) specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person— (A) is a civil or criminal penalty or fine to be paid for a violation of Federal law; or (B) is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; and (2) describe in detail any actions the non-Federal person shall take under the covered settlement agreement— (A) in lieu of payment to the Federal Government or a State or local government; or (B) in addition to such a payment. (e) Reporting (1) In general Not later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating— (A) how many covered settlement agreements the Executive agency entered into during that fiscal year; (B) how many covered settlement agreements the Executive agency entered into during that fiscal year had any terms or conditions that are required to be kept confidential; and (C) how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential. (2) Availability of reports The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publically available in a searchable format in a prominent location on the Web site of the Executive agency. . (2) Technical and conforming amendment The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: 307. Information regarding settlement agreements. . (b) Securities reporting (1) In general Each issuer of securities that is required to file annual or other periodic reports with the Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) shall describe in such a report any claim filed for a deduction under the Internal Revenue Code of 1986 during the reporting period that relates to a payment required under a covered settlement agreement. (2) Definitions As used in this subsection— (A) the term Commission (B) the term covered settlement agreement section 307 (C) the term issuer 15 U.S.C. 78c (c) Review of confidentiality of settlement agreements Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105 1. Short title This Act may be cited as the Truth in Settlements Act of 2014 2. Information regarding settlement agreements entered into by Federal agencies (a) Requirements for settlement agreements (1) In general Chapter 3 307. Information regarding settlement agreements (a) Definitions In this section— (1) the term covered settlement agreement (A) is entered into by an Executive agency; (B) relates to an alleged violation of Federal civil or criminal law; and (C) requires the payment of a total of not less than $1,000,000 by one or more non-Federal persons; (2) the term entity within the Federal Government (3) the term non-Federal person (b) Information To be posted online (1) Requirement (A) In general Subject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency— (i) a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement— (I) the date on which the parties entered into the covered settlement agreement; (II) the names of the parties that settled claims under the covered settlement agreement; (III) a description of the claims each party settled under the covered settlement agreement; (IV) the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement; (V) the total amount the settling parties are obligated to pay under the settlement agreement; and (VI) for each settling party— (aa) the amount, if any, the settling party is obligated to pay that is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine; and (bb) the amount, if any, that is expressly specified under the covered settlement agreement as not tax deductible; and (ii) a copy of each covered settlement agreement entered into by the Executive agency. (B) Confidentiality provisions The requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof). (2) Period The head of each Executive agency shall ensure that— (A) information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) until at least the date that is 5 years after the date of the covered settlement agreement; and (B) a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available until— (i) at least the date that is 1 year after the date of the covered settlement agreement; or (ii) for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, at least the date that is 5 years after the date of the covered settlement agreement. (c) Public statement If the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain— (1) what interests confidentiality protects; and (2) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. (d) Requirements for written public statements Any written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall— (1) specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person— (A) is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine to be paid for a violation of Federal law; or (B) is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; (2) if no portion of the amount to be paid under the covered settlement agreement by a non-Federal person is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine, include a statement specifying that is the case; and (3) describe in detail— (A) any actions the non-Federal person shall take under the covered settlement agreement in lieu of payment to the Federal Government or a State or local government; and (B) any payments or compensation the non-Federal person shall make to other non-Federal persons under the covered settlement agreement. (e) Confidentiality The requirement to disclose information under subsection (d) shall apply to the extent that the information to be disclosed (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information (or portion thereof). (f) Reporting (1) In general Not later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating— (A) how many covered settlement agreements the Executive agency entered into during that fiscal year; (B) how many covered settlement agreements the Executive agency entered into during that fiscal year had any terms or conditions that are required to be kept confidential; and (C) how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential. (2) Availability of reports The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publically available in a searchable format in a prominent location on the Web site of the Executive agency. . (2) Technical and conforming amendment The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: 307. Information regarding settlement agreements. . (b) Securities reporting (1) In general Each issuer of securities that is required to file annual or other periodic reports with the Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) shall describe in such a report any claim filed for a deduction under the Internal Revenue Code of 1986 during the reporting period that relates to a payment required under a covered settlement agreement. (2) Definitions As used in this subsection— (A) the term Commission (B) the term covered settlement agreement section 307 (C) the term issuer 15 U.S.C. 78c (c) Review of confidentiality of settlement agreements Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105 September 16, 2014 Reported with an amendment

Truth in Settlements Act of 2014

Amends the Internal Revenue Code to allow, through December 31, 2018: (1) a new business-related tax credit for sales by an electric utility of renewable electricity generated by a facility using wind or solar energy to a retail customer; and (2) payments to such utilities, in lieu of such tax credit, for sales of renewable electricity to retail customers. Delays, until 2023, the application of rules relating to the allocation and apportionment of the interest expense of domestic corporations that are members of a worldwide affiliated group.

To amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for a utility that sells renewable power, and for other purposes. 1. Consumer Renewable Credit (a) Business credit (1) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Consumer renewable credit (a) General rule For purposes of section 38, in the case of an eligible taxpayer, the consumer renewable credit for any taxable year is an amount equal to the product of— (1) the renewable portfolio factor of such eligible taxpayer, and (2) subject to subsection (e), the number of kilowatt hours of renewable electricity— (A) purchased or produced by such taxpayer, and (B) sold by such taxpayer to a retail customer during the taxable year. (b) Renewable portfolio factor In the case of taxable years beginning before January 1, 2019, the renewable portfolio factor for an eligible taxpayer shall be determined as follows: Renewable electricity Renewable Less than 6 percent zero cents At least 6 percent but less than 8 percent 0.1 cents At least 8 percent but less than 12 percent 0.2 cents At least 12 percent but less than 16 percent 0.3 cents At least 16 percent but less than 20 percent 0.4 cents At least 20 percent but less than 24 percent 0.5 cents Equal to or greater than 24 percent 0.6 cents. (c) Definitions and special rules For purposes of this section— (1) Eligible taxpayer The term eligible taxpayer (2) Renewable electricity The term renewable electricity (3) Renewable electricity percentage The term renewable electricity percentage (4) Application of other rules For purposes of this section, rules similar to the rules of paragraphs (1), (3), and (5) of section 45(e) shall apply. (5) Credit allowed only with respect to one eligible entity No credit shall be allowed under subsection (a) with respect to renewable electricity purchased from another eligible entity if a credit has been allowed under this section to such other eligible entity. (d) Coordination with payments The amount of the credit determined under this section with respect to any electricity shall be reduced to take into account any payment provided with respect to such electricity solely by reason of the application of section 6433. (e) Renewable electricity enhancement (1) Native American wind and solar In the case of renewable electricity generated by a wind or solar energy facility which is located on an Indian reservation (as defined in section 168(j)(6)), the number of kilowatt hours of such renewable electricity shall, for purposes of subsection (a)(2), be equal to 200 percent of the kilowatt hours of such renewable electricity actually purchased or produced and sold during the taxable year. (2) Electric cooperative wind and solar In the case of renewable electricity generated by a wind or solar energy facility which is wholly owned by a mutual or cooperative electric company (as described in section 501(c)(12) or 1381(a)(2)(C)), the number of kilowatt hours of such renewable electricity shall, for purposes of subsection (a)(2), be equal to 150 percent of the kilowatt hours of such renewable electricity actually purchased or produced and sold during the taxable year. . (2) Credit made part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus , plus (37) the consumer renewable credit determined under section 45S(a). . (3) Specified credit Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (v) the following new clause: (vi) the credit determined under section 45S. . (4) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 45S. Consumer renewable credit. . (b) Payments in lieu of credit (1) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Consumer renewable credit payments (a) In general If any eligible person sells renewable electricity to a retail customer, the Secretary shall pay (without interest) to any such person who elects to receive a payment an amount equal to the product of— (1) the intermittent renewable portfolio factor of such eligible person, and (2) the number of kilowatt hours of renewable electricity— (A) purchased or produced by such person, and (B) sold by such person in the trade or business of such person to a retail customer. (b) Timing of payments (1) In general Except as provided in paragraph (2), rules similar to the rules of section 6427(i)(1) shall apply for purposes of this section. (2) Quarterly payments (A) In general If, at the close of any quarter of the taxable year of any person (or, in the case of an eligible person that does not have a taxable year, the close of any quarter of the fiscal year), at least $750 is payable in the aggregate under subsection (a), to such person with respect to electricity purchased or produced during— (i) such quarter, or (ii) any prior quarter (for which no other claim has been filed) during such year, a claim may be filed under this section with respect to such electricity. (B) Time for filing claim No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. (c) Definitions and special rules For purposes of this section— (1) Eligible person The term eligible person (A) an electric utility, as defined in section 3(22) of the Federal Power Act (16 U.S.C. 796(22)), or (B) a Federal power marketing agency, as defined in section 3(19) of such Act ( 16 U.S.C. 796(19) (2) Other definitions Any term used in this section which is also used in section 45S shall have the meaning given such term under section 45S. (3) Application of other rules For purposes of this section, rules similar to the rules of paragraphs (1) and (3) of section 45(e) shall apply. (d) Payment disallowed unless amount passed to third-Party generators charged for integration costs (1) In general In the case of renewable electricity eligible for the payment under subsection (a) that is purchased and not produced by an eligible person, no payment shall be made under this section unless any charge the eligible person has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the payment received under subsection (a) associated with such electricity. (2) Definitions For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures. (e) Payment allowed for special generating and transmitting entities (1) In general Notwithstanding subsection (a)(2), a special generating and transmitting entity shall be eligible for payment under subsection (a) based on the number of kilowatt hours of renewable electricity transmitted, regardless of whether such entity purchased or sold such electricity to retail customers. (2) Definition For purposes of this subsection, the term special generating and transmitting entity (A) an entity which is— (i) primarily engaged in marketing electricity, (ii) provides transmissions services for greater than 4,000 megawatts of renewable electricity generating facilities, as determined by reference to the machine or nameplate capacity thereof, and (iii) transmits the majority of such renewable electricity to customers located outside of the region that it serves, or (B) a generation and transmission cooperative which engages primarily in providing wholesale electric services to its members (generally consisting of distribution cooperatives). . (2) Clerical amendment The table of sections for subpart B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Consumer renewable credit payments. . (c) Effective date The amendments made by this section shall apply to electricity produced or purchased and sold after December 31, 2013, and before January 1, 2019. 2. Delay in application of worldwide interest (a) In general Paragraphs (5)(D) and (6) of section 864(f) (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

A bill to amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for a utility that sells renewable power, and for other purposes.

Bipartisan Congressional Trade Priorities Act of 2014 - States the overall trade negotiating objectives of the United States with respect to any agreement with a foreign country to reduce or eliminate existing tariffs or nontariff barriers of that country or the United States that are unduly burdening and restricting U.S. trade. Includes among such objectives obtaining: (1) more open, equitable, and reciprocal market access; and (2) the reduction or elimination of trade barriers and distortions that are directly related to trade and investment and that decrease market opportunities for U.S. exports or otherwise distort U.S. trade. States the principal trade negotiating objectives of the United States with respect to: (1) goods and services; (2) agriculture; (3) foreign investment; (5) intellectual property; (6) digital goods and services, as well as cross-border data flows; (7) regulatory practices; (8) state-owned and state-controlled enterprises; (9) localization barriers to trade; (10) labor and the environment; (11) currency; (12) the World Trade Organization and multilateral trade agreements; (13) trade institution transparency; (14) anti-corruption; (15) dispute settlement and enforcement; (16) trade remedy laws; (17) border taxes; and (18) textile negotiations. Authorizes the President to enter into trade agreements with foreign countries for the reduction or elimination of tariff or nontariff barriers before July 1, 2018, or July 1, 2021, if trade authorities procedures are extended to implementing bills (congressional approval) with respect to such agreements. Authorizes the President to proclaim necessary or appropriate modifications or continuation of any existing duty, continuation of existing duty-free or excise treatment, or additional duties to carry out any such agreement. Subjects trade agreements to congressional oversight and approval, consultations, and access to information requirements. Specifies presidential notifications and other actions and their deadlines that must take place for any trade agreement to enter into force. Prescribes requirements for the treatment of trade agreements entered into under the auspices of the World Trade Organization (WTO) or with the Trans-Pacific Partnership countries or the European Union (EU) which result from negotiations commenced before enactment of this Act. Expresses the sense of Congress that the United States Trade Representative (USTR) should facilitate participation of small businesses in the trade negotiation process.

To establish congressional trade negotiating objectives and enhanced consultation requirements for trade negotiations, to provide for consideration of trade agreements, and for other purposes. 1. Short title This Act may be cited as the Bipartisan Congressional Trade Priorities Act of 2014 2. Trade negotiating objectives (a) Overall trade negotiating objectives The overall trade negotiating objectives of the United States for agreements subject to the provisions of section 3 are— (1) to obtain more open, equitable, and reciprocal market access; (2) to obtain the reduction or elimination of barriers and distortions that are directly related to trade and investment and that decrease market opportunities for United States exports or otherwise distort United States trade; (3) to further strengthen the system of international trade and investment disciplines and procedures, including dispute settlement; (4) to foster economic growth, raise living standards, enhance the competitiveness of the United States, promote full employment in the United States, and enhance the global economy; (5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, while optimizing the use of the world’s resources; (6) to promote respect for worker rights and the rights of children consistent with core labor standards of the ILO (as set out in section 11(7)) and an understanding of the relationship between trade and worker rights; (7) to seek provisions in trade agreements under which parties to those agreements ensure that they do not weaken or reduce the protections afforded in domestic environmental and labor laws as an encouragement for trade; (8) to ensure that trade agreements afford small businesses equal access to international markets, equitable trade benefits, and expanded export market opportunities, and provide for the reduction or elimination of trade and investment barriers that disproportionately impact small businesses; (9) to promote universal ratification and full compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor; (10) to ensure that trade agreements reflect and facilitate the increasingly interrelated, multi-sectoral nature of trade and investment activity; (11) to ensure implementation of trade commitments and obligations by strengthening the effective operation of legal regimes and the rule of law by trading partners of the United States through capacity building and other appropriate means; (12) to recognize the growing significance of the Internet as a trading platform in international commerce; and (13) to take into account other legitimate United States domestic objectives, including, but not limited to, the protection of legitimate health or safety, essential security, and consumer interests and the law and regulations related thereto. (b) Principal trade negotiating objectives (1) Trade in goods The principal negotiating objectives of the United States regarding trade in goods are— (A) to expand competitive market opportunities for exports of goods from the United States and to obtain fairer and more open conditions of trade, including through the utilization of global value chains, by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for United States exports or otherwise distort United States trade; and (B) to obtain reciprocal tariff and nontariff barrier elimination agreements, including with respect to those tariff categories covered in section 111(b) of the Uruguay Round Agreements Act ( 19 U.S.C. 3521(b) (2) Trade in services (A) The principal negotiating objective of the United States regarding trade in services is to expand competitive market opportunities for United States services and to obtain fairer and more open conditions of trade, including through utilization of global value chains, by reducing or eliminating barriers to international trade in services, such as regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers. (B) Recognizing that expansion of trade in services generates benefits for all sectors of the economy and facilitates trade, the objective described in subparagraph (A) should be pursued through all means, including through a plurilateral agreement with those countries willing and able to undertake high standard services commitments for both existing and new services. (3) Trade in agriculture The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in bulk, specialty crop, and value added commodities by— (A) securing more open and equitable market access through robust rules on sanitary and phytosanitary measures that— (i) encourage the adoption of international standards and require a science-based justification be provided for a sanitary or phytosanitary measure if the measure is more restrictive than the applicable international standard; (ii) improve regulatory coherence, promote the use of systems-based approaches, and appropriately recognize the equivalence of health and safety protection systems of exporting countries; (iii) require that measures are transparently developed and implemented, are based on risk assessments that take into account relevant international guidelines and scientific data, and are not more restrictive on trade than necessary to meet the intended purpose; and (iv) improve import check processes, including testing methodologies and procedures, and certification requirements, while recognizing that countries may put in place measures to protect human, animal or plant life or health in a manner consistent with their international obligations, including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (referred to in section 101(d)(3) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(3) (B) reducing or eliminating, by a date certain, tariffs or other charges that decrease market opportunities for United States exports— (i) giving priority to those products that are subject to significantly higher tariffs or subsidy regimes of major producing countries; and (ii) providing reasonable adjustment periods for United States import sensitive products, in close consultation with Congress on such products before initiating tariff reduction negotiations; (C) reducing tariffs to levels that are the same as or lower than those in the United States; (D) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agriculture markets to the detriment of the United States; (E) allowing the preservation of programs that support family farms and rural communities but do not distort trade; (F) developing disciplines for domestic support programs, so that production that is in excess of domestic food security needs is sold at world prices; (G) eliminating government policies that create price depressing surpluses; (H) eliminating state trading enterprises whenever possible; (I) developing, strengthening, and clarifying rules to eliminate practices that unfairly decrease United States market access opportunities or distort agricultural markets to the detriment of the United States, and ensuring that such rules are subject to efficient, timely, and effective dispute settlement, including— (i) unfair or trade distorting activities of state trading enterprises and other administrative mechanisms, with emphasis on requiring price transparency in the operation of state trading enterprises and such other mechanisms in order to end cross subsidization, price discrimination, and price undercutting; (ii) unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology; (iii) unjustified sanitary or phytosanitary restrictions, including restrictions not based on scientific principles in contravention of obligations in the Uruguay Round Agreements or bilateral or regional trade agreements; (iv) other unjustified technical barriers to trade; and (v) restrictive rules in the administration of tariff rate quotas; (J) eliminating practices that adversely affect trade in perishable or cyclical products, while improving import relief mechanisms to recognize the unique characteristics of perishable and cyclical agriculture; (K) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely to growers in the United States as those mechanisms that are used by other countries; (L) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agreements; (M) taking into account whether a product is subject to market distortions by reason of a failure of a major producing country to adhere to the provisions of already existing trade agreements with the United States or by the circumvention by that country of its obligations under those agreements; (N) otherwise ensuring that countries that accede to the World Trade Organization have made meaningful market liberalization commitments in agriculture; (O) taking into account the impact that agreements covering agriculture to which the United States is a party have on the United States agricultural industry; (P) maintaining bona fide food assistance programs, market development programs, and export credit programs; (Q) seeking to secure the broadest market access possible in multilateral, regional, and bilateral negotiations, recognizing the effect that simultaneous sets of negotiations may have on United States import sensitive commodities (including those subject to tariff rate quotas); (R) seeking to develop an international consensus on the treatment of seasonal or perishable agricultural products in investigations relating to dumping and safeguards and in any other relevant area; (S) seeking to establish the common base year for calculating the Aggregated Measurement of Support (as defined in the Agreement on Agriculture) as the end of each country’s Uruguay Round implementation period, as reported in each country’s Uruguay Round market access schedule; (T) ensuring transparency in the administration of tariff rate quotas through multilateral, plurilateral, and bilateral negotiations; and (U) eliminating and preventing the undermining of market access for United States products through improper use of a country’s system for protecting or recognizing geographical indications, including failing to ensure transparency and procedural fairness and protecting generic terms. (4) Foreign investment Recognizing that United States law on the whole provides a high level of protection for investment, consistent with or greater than the level required by international law, the principal negotiating objectives of the United States regarding foreign investment are to reduce or eliminate artificial or trade distorting barriers to foreign investment, while ensuring that foreign investors in the United States are not accorded greater substantive rights with respect to investment protections than United States investors in the United States, and to secure for investors important rights comparable to those that would be available under United States legal principles and practice, by— (A) reducing or eliminating exceptions to the principle of national treatment; (B) freeing the transfer of funds relating to investments; (C) reducing or eliminating performance requirements, forced technology transfers, and other unreasonable barriers to the establishment and operation of investments; (D) seeking to establish standards for expropriation and compensation for expropriation, consistent with United States legal principles and practice; (E) seeking to establish standards for fair and equitable treatment consistent with United States legal principles and practice, including the principle of due process; (F) providing meaningful procedures for resolving investment disputes; (G) seeking to improve mechanisms used to resolve disputes between an investor and a government through— (i) mechanisms to eliminate frivolous claims and to deter the filing of frivolous claims; (ii) procedures to ensure the efficient selection of arbitrators and the expeditious disposition of claims; (iii) procedures to enhance opportunities for public input into the formulation of government positions; and (iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of investment provisions in trade agreements; and (H) ensuring the fullest measure of transparency in the dispute settlement mechanism, to the extent consistent with the need to protect information that is classified or business confidential, by— (i) ensuring that all requests for dispute settlement are promptly made public; (ii) ensuring that— (I) all proceedings, submissions, findings, and decisions are promptly made public; and (II) all hearings are open to the public; and (iii) establishing a mechanism for acceptance of amicus curiae submissions from businesses, unions, and nongovernmental organizations. (5) Intellectual property The principal negotiating objectives of the United States regarding trade related intellectual property are— (A) to further promote adequate and effective protection of intellectual property rights, including through— (i) (I) ensuring accelerated and full implementation of the Agreement on Trade Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(15) (II) ensuring that the provisions of any trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law; (ii) providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property, including in a manner that facilitates legitimate digital trade; (iii) preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights; (iv) ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works; (v) providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms; and (vi) preventing or eliminating government involvement in the violation of intellectual property rights, including cyber theft and piracy; (B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection; and (C) to respect the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001, and to ensure that trade agreements foster innovation and promote access to medicines. (6) Digital trade in goods and services and cross-border data flows The principal negotiating objectives of the United States with respect to digital trade in goods and services, as well as cross-border data flows, are— (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization and bilateral and regional trade agreements apply to digital trade in goods and services and to cross-border data flows; (B) to ensure that— (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and (ii) the classification of such goods and services ensures the most liberal trade treatment possible, fully encompassing both existing and new trade; (C) to ensure that governments refrain from implementing trade related measures that impede digital trade in goods and services, restrict cross-border data flows, or require local storage or processing of data; (D) with respect to subparagraphs (A) through (C), where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or cross-border data flows, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and (E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions. (7) Regulatory practices The principal negotiating objectives of the United States regarding the use of government regulation or other practices to reduce market access for United States goods, services, and investments are— (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations; (B) to require that proposed regulations be based on sound science, cost benefit analysis, risk assessment, or other objective evidence; (C) to establish consultative mechanisms and seek other commitments, as appropriate, to improve regulatory practices and promote increased regulatory coherence, including through— (i) transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes; (ii) the elimination of redundancies in testing and certification; (iii) early consultations on significant regulations; (iv) the use of impact assessments; (v) the periodic review of existing regulatory measures; and (vi) the application of good regulatory practices; (D) to seek greater openness, transparency, and convergence of standards-development processes, and enhance cooperation on standards issues globally; (E) to promote regulatory compatibility through harmonization, equivalence, or mutual recognition of different regulations and standards and to encourage the use of international and interoperable standards, as appropriate; (F) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products; (G) to ensure that government regulatory reimbursement regimes are transparent, provide procedural fairness, are non-discriminatory, and provide full market access for United States products; and (H) to ensure that foreign governments— (i) demonstrate that the collection of undisclosed proprietary information is limited to that necessary to satisfy a legitimate and justifiable regulatory interest; and (ii) protect such information against disclosure, except in exceptional circumstances to protect the public, or where such information is effectively protected against unfair competition. (8) State-owned and state-controlled enterprises The principal negotiating objective of the United States regarding competition by state-owned and state-controlled enterprises is to seek commitments that— (A) eliminate or prevent trade distortions and unfair competition favoring state-owned and state-controlled enterprises to the extent of their engagement in commercial activity, and (B) ensure that such engagement is based solely on commercial considerations, in particular through disciplines that eliminate or prevent discrimination and market-distorting subsidies and that promote transparency. (9) Localization barriers to trade The principal negotiating objective of the United States with respect to localization barriers is to eliminate and prevent measures that require United States producers and service providers to locate facilities, intellectual property, or other assets in a country as a market access or investment condition, including indigenous innovation measures. (10) Labor and the environment The principal negotiating objectives of the United States with respect to labor and the environment are— (A) to ensure that a party to a trade agreement with the United States— (i) adopts and maintains measures implementing internationally recognized core labor standards (as defined in section 11(17)) and its obligations under common multilateral environmental agreements (as defined in section 11(6)), (ii) does not waive or otherwise derogate from, or offer to waive or otherwise derogate from— (I) its statutes or regulations implementing internationally recognized core labor standards (as defined in section 11(17)), in a manner affecting trade or investment between the United States and that party, where the waiver or derogation would be inconsistent with one or more such standards, or (II) its environmental laws in a manner that weakens or reduces the protections afforded in those laws and in a manner affecting trade or investment between the United States and that party, except as provided in its law and provided not inconsistent with its obligations under common multilateral environmental agreements (as defined in section 11(6)) or other provisions of the trade agreement specifically agreed upon, and (iii) does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the United States and that party after entry into force of a trade agreement between those countries; (B) to recognize that— (i) with respect to environment, parties to a trade agreement retain the right to exercise prosecutorial discretion and to make decisions regarding the allocation of enforcement resources with respect to other environmental laws determined to have higher priorities, and a party is effectively enforcing its laws if a course of action or inaction reflects a reasonable, bona fide exercise of such discretion, or results from a reasonable, bona fide decision regarding the allocation of resources; and (ii) with respect to labor, decisions regarding the distribution of enforcement resources are not a reason for not complying with a party’s labor obligations; a party to a trade agreement retains the right to reasonable exercise of discretion and to make bona fide decisions regarding the allocation of resources between labor enforcement activities among core labor standards, provided the exercise of such discretion and such decisions are not inconsistent with its obligations; (C) to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in section 11(17)); (D) to strengthen the capacity of United States trading partners to protect the environment through the promotion of sustainable development; (E) to reduce or eliminate government practices or policies that unduly threaten sustainable development; (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services; (G) to ensure that labor, environmental, health, or safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or unjustifiably discriminate against United States exports or serve as disguised barriers to trade; (H) to ensure that enforceable labor and environment obligations are subject to the same dispute settlement and remedies as other enforceable obligations under the agreement; and (I) to ensure that a trade agreement is not construed to empower a party’s authorities to undertake labor or environmental law enforcement activities in the territory of the United States. (11) Currency The principal negotiating objective of the United States with respect to currency practices is that parties to a trade agreement with the United States avoid manipulating exchange rates in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage over other parties to the agreement, such as through cooperative mechanisms, enforceable rules, reporting, monitoring, transparency, or other means, as appropriate. (12) WTO and multilateral trade agreements Recognizing that the World Trade Organization is the foundation of the global trading system, the principal negotiating objectives of the United States regarding the World Trade Organization, the Uruguay Round Agreements, and other multilateral and plurilateral trade agreements are— (A) to achieve full implementation and extend the coverage of the World Trade Organization and multilateral and plurilateral agreements to products, sectors, and conditions of trade not adequately covered; (B) to expand country participation in and enhancement of the Information Technology Agreement, the Government Procurement Agreement, and other plurilateral trade agreements of the World Trade Organization; (C) to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade, including through utilization of global value chains, through the negotiation of new WTO multilateral and plurilateral trade agreements, such as an agreement on trade facilitation; (D) to ensure that regional trade agreements to which the United States is not a party fully achieve the high standards of, and comply with, WTO disciplines including Article XXIV of GATT 1994, Article V and V bis of the General Agreement on Trade in Services, and the Enabling Clause, including through meaningful WTO review of such regional trade agreements; (E) to enhance compliance by WTO members with their obligations as WTO members through active participation in the bodies of the World Trade Organization by the United States and all other WTO members, including in the trade policy review mechanism and the committee system of the World Trade Organization, and by working to increase the effectiveness of such bodies; and (F) to encourage greater cooperation between the World Trade Organization and other international organizations. (13) Trade institution transparency The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency in the World Trade Organization, entities established under bilateral and regional trade agreements, and other international trade fora through seeking— (A) timely public access to information regarding trade issues and the activities of such institutions; (B) openness by ensuring public access to appropriate meetings, proceedings, and submissions, including with regard to trade and investment dispute settlement; and (C) public access to all notifications and supporting documentation submitted by WTO members. (14) Anti-corruption The principal negotiating objectives of the United States with respect to the use of money or other things of value to influence acts, decisions, or omissions of foreign governments or officials or to secure any improper advantage in a manner affecting trade are— (A) to obtain high standards and effective domestic enforcement mechanisms applicable to persons from all countries participating in the applicable trade agreement that prohibit such attempts to influence acts, decisions, or omissions of foreign governments; (B) to ensure that such standards level the playing field for United States persons in international trade and investment; and (C) to seek commitments to work jointly to encourage and support anti-corruption and anti-bribery initiatives in international trade fora, including through the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organization for Economic Cooperation and Development, done at Paris December 17, 1997 (commonly known as the OECD Anti-Bribery Convention (15) Dispute settlement and enforcement The principal negotiating objectives of the United States with respect to dispute settlement and enforcement of trade agreements are— (A) to seek provisions in trade agreements providing for resolution of disputes between governments under those trade agreements in an effective, timely, transparent, equitable, and reasoned manner, requiring determinations based on facts and the principles of the agreements, with the goal of increasing compliance with the agreements; (B) to seek to strengthen the capacity of the Trade Policy Review Mechanism of the World Trade Organization to review compliance with commitments; (C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body to— (i) the mandate of those panels and the Appellate Body to apply the WTO Agreement as written, without adding to or diminishing rights and obligations under the Agreement; and (ii) the standard of review applicable under the Uruguay Round Agreement involved in the dispute, including greater deference, where appropriate, to the fact finding and technical expertise of national investigating authorities; (D) to seek provisions encouraging the early identification and settlement of disputes through consultation; (E) to seek provisions to encourage the provision of trade expanding compensation if a party to a dispute under the agreement does not come into compliance with its obligations under the agreement; (F) to seek provisions to impose a penalty upon a party to a dispute under the agreement that— (i) encourages compliance with the obligations of the agreement; (ii) is appropriate to the parties, nature, subject matter, and scope of the violation; and (iii) has the aim of not adversely affecting parties or interests not party to the dispute while maintaining the effectiveness of the enforcement mechanism; and (G) to seek provisions that treat United States principal negotiating objectives equally with respect to— (i) the ability to resort to dispute settlement under the applicable agreement; (ii) the availability of equivalent dispute settlement procedures; and (iii) the availability of equivalent remedies. (16) Trade remedy laws The principal negotiating objectives of the United States with respect to trade remedy laws are— (A) to preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies, or that 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 (B) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market access barriers. (17) Border taxes The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the rules of the World Trade Organization with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes. (18) Textile negotiations The principal negotiating objectives of the United States with respect to trade in textiles and apparel articles are to obtain competitive opportunities for United States exports of textiles and apparel in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in textiles and apparel. (c) Capacity building and other priorities In order to address and maintain United States competitiveness in the global economy, the President shall— (1) direct the heads of relevant Federal agencies— (A) to work to strengthen the capacity of United States trading partners to carry out obligations under trade agreements by consulting with any country seeking a trade agreement with the United States concerning that country’s laws relating to customs and trade facilitation, sanitary and phytosanitary measures, technical barriers to trade, intellectual property rights, labor, and the environment; and (B) to provide technical assistance to that country if needed; (2) seek to establish consultative mechanisms among parties to trade agreements to strengthen the capacity of United States trading partners to develop and implement standards for the protection of the environment and human health based on sound science; and (3) promote consideration of multilateral environmental agreements and consult with parties to such agreements regarding the consistency of any such agreement that includes trade measures with existing environmental exceptions under Article XX of GATT 1994. 3. Trade agreements authority (a) Agreements regarding tariff barriers (1) In general Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this Act will be promoted thereby, the President— (A) may enter into trade agreements with foreign countries before— (i) July 1, 2018; or (ii) July 1, 2021, if trade authorities procedures are extended under subsection (c); and (B) may, subject to paragraphs (2) and (3), proclaim— (i) such modification or continuance of any existing duty, (ii) such continuance of existing duty free or excise treatment, or (iii) such additional duties, as the President determines to be required or appropriate to carry out any such trade agreement. Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or July 1, 2021, if trade authorities procedures are extended under subsection (c), shall not be eligible for approval under this Act. (2) Notification The President shall notify Congress of the President’s intention to enter into an agreement under this subsection. (3) Limitations No proclamation may be made under paragraph (1) that— (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty which is less than 50 percent of the rate of such duty that applies on such date of enactment; (B) reduces the rate of duty below that applicable under the Uruguay Round Agreements or a successor agreement, on any import sensitive agricultural product; or (C) increases any rate of duty above the rate that applied on the date of the enactment of this Act. (4) Aggregate reduction; exemption from staging (A) Aggregate reduction Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if— (i) a reduction of 3 percent ad valorem or a reduction of 1/10 (ii) a reduction equal to the amount applicable under clause (i) had taken effect at 1-year intervals after the effective date of such first reduction. (B) Exemption from staging No staging is required under subparagraph (A) with respect to a duty reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph. (5) Rounding If the President determines that such action will simplify the computation of reductions under paragraph (4), the President may round an annual reduction by an amount equal to the lesser of— (A) the difference between the reduction without regard to this paragraph and the next lower whole number; or (B) ½ of 1 percent ad valorem. (6) Other limitations A rate of duty reduction that may not be proclaimed by reason of paragraph (3) may take effect only if a provision authorizing such reduction is included within an implementing bill provided for under section 6 and that bill is enacted into law. (7) Other tariff modifications Notwithstanding paragraphs (1)(B), (3)(A), (3)(C), and (4) through (6), and subject to the consultation and layover requirements of section 115 of the Uruguay Round Agreements Act ( 19 U.S.C. 3524 19 U.S.C. 3501(5) (8) Authority under uruguay round agreements act not affected Nothing in this subsection shall limit the authority provided to the President under section 111(b) of the Uruguay Round Agreements Act ( 19 U.S.C. 3521(b) (b) Agreements regarding tariff and nontariff barriers (1) In general (A) Whenever the President determines that— (i) 1 or more existing duties or any other import restriction of any foreign country or the United States or any other barrier to, or other distortion of, international trade unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy, or (ii) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect, and that the purposes, policies, priorities, and objectives of this Act will be promoted thereby, the President may enter into a trade agreement described in subparagraph (B) during the period described in subparagraph (C). (B) The President may enter into a trade agreement under subparagraph (A) with foreign countries providing for— (i) the reduction or elimination of a duty, restriction, barrier, or other distortion described in subparagraph (A); or (ii) the prohibition of, or limitation on the imposition of, such barrier or other distortion. (C) The President may enter into a trade agreement under this paragraph before— (i) July 1, 2018; or (ii) July 1, 2021, if trade authorities procedures are extended under subsection (c). Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or July 1, 2021, if trade authorities procedures are extended under subsection (c), shall not be eligible for approval under this Act. (2) Conditions A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in subsections (a) and (b) of section 2 and the President satisfies the conditions set forth in sections 4 and 5. (3) Bills qualifying for trade authorities procedures (A) The provisions of section 151 of the Trade Act of 1974 (in this Act referred to as trade authorities procedures implementing bill (B) The provisions referred to in subparagraph (A) are— (i) a provision approving a trade agreement entered into under this subsection and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (c) Extension disapproval process for congressional trade authorities procedures (1) In general Except as provided in section 6(b)— (A) the trade authorities procedures apply to implementing bills submitted with respect to trade agreements entered into under subsection (b) before July 1, 2018; and (B) the trade authorities procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under subsection (b) after June 30, 2018, and before July 1, 2021, if (and only if)— (i) the President requests such extension under paragraph (2); and (ii) neither House of Congress adopts an extension disapproval resolution under paragraph (5) before July 1, 2018. (2) Report to Congress by the President If the President is of the opinion that the trade authorities procedures should be extended to implementing bills described in paragraph (1)(B), the President shall submit to Congress, not later than April 1, 2018, a written report that contains a request for such extension, together with— (A) a description of all trade agreements that have been negotiated under subsection (b) and the anticipated schedule for submitting such agreements to Congress for approval; (B) a description of the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this Act, and a statement that such progress justifies the continuation of negotiations; and (C) a statement of the reasons why the extension is needed to complete the negotiations. (3) Other reports to Congress (A) Report by the advisory committee The President shall promptly inform the Advisory Committee for Trade Policy and Negotiations established under section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 (i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this Act; and (ii) a statement of its views, and the reasons therefor, regarding whether the extension requested under paragraph (2) should be approved or disapproved. (B) Report by International Trade Commission The President shall promptly inform the United States International Trade Commission of the decision of the President to submit a report to Congress under paragraph (2). The International Trade Commission shall submit to Congress as soon as practicable, but not later than June 1, 2018, a written report that contains a review and analysis of the economic impact on the United States of all trade agreements implemented between the date of the enactment of this Act and the date on which the President decides to seek an extension requested under paragraph (2). (4) Status of reports The reports submitted to Congress under paragraphs (2) and (3), or any portion of such reports, may be classified to the extent the President determines appropriate. (5) Extension disapproval resolutions (A) For purposes of paragraph (1), the term extension disapproval resolution That the ____ disapproves the request of the President for the extension, under section 3(c)(1)(B)(i) of the Bipartisan Congressional Trade Priorities Act of 2014 (B) Extension disapproval resolutions— (i) may be introduced in either House of Congress by any member of such House; and (ii) shall be referred, in the House of Representatives, to the Committee on Ways and Means and, in addition, to the Committee on Rules. (C) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 (D) It is not in order for— (i) the House of Representatives to consider any extension disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules; (ii) the Senate to consider any extension disapproval resolution not reported by the Committee on Finance; or (iii) either House of Congress to consider an extension disapproval resolution after June 30, 2018. (d) Commencement of negotiations In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 2(b). 4. Congressional oversight, consultations, and access to information (a) Consultations with Members of Congress (1) Consultations during negotiations In the course of negotiations conducted under this Act, the United States Trade Representative shall— (A) meet upon request with any Member of Congress regarding negotiating objectives, the status of negotiations in progress, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; (B) upon request of any Member of Congress, provide access to pertinent documents relating to the negotiations, including classified materials; (C) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (D) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under subsection (c) and all committees of the House of Representatives and the Senate with jurisdiction over laws that could be affected by a trade agreement resulting from the negotiations; and (E) with regard to any negotiations and agreement relating to agricultural trade, also consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) Consultations prior to entry into force Prior to exchanging notes providing for the entry into force of a trade agreement, the United States Trade Representative shall consult closely and on a timely basis with Members of Congress and committees as specified in paragraph (1), and keep them fully apprised of the measures a trading partner has taken to comply with those provisions of the agreement that are to take effect on the date that the agreement enters into force. (3) Enhanced coordination with congress (A) Written guidelines The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (i) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on enhanced coordination with Congress, including coordination with designated congressional advisers under subsection (b), regarding negotiations conducted under this Act; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content of guidelines The guidelines developed under subparagraph (A) shall enhance coordination with Congress through procedures to ensure— (i) timely briefings upon request of any Member of Congress regarding negotiating objectives, the status of negotiations in progress conducted under this Act, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; and (ii) the sharing of detailed and timely information to Members of Congress regarding those negotiations and pertinent documents related to those negotiations (including classified information), and to committee staff with proper security clearances as would be appropriate in the light of the responsibilities of that committee over the trade agreements programs affected by those negotiations. (C) Dissemination The United States Trade Representative shall disseminate the guidelines developed under subparagraph (A) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (b) Designated congressional advisers (1) Designation (A) House of Representatives In each Congress, any Member of the House of Representatives may be designated as a congressional adviser on trade policy and negotiations by the Speaker of the House of Representatives, after consulting with the chairman and ranking member of the Committee on Ways and Means and the chairman and ranking member of the committee from which the Member will be selected. (B) Senate In each Congress, any Member of the Senate may be designated as a congressional adviser on trade policy and negotiations by the President pro tempore of the Senate, after consultation with the chairman and ranking member of the Committee on Finance and the chairman and ranking member of the committee from which the Member will be selected. (2) Consultations with designated congressional advisers In the course of negotiations conducted under this Act, the United States Trade Representative shall consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations designated under paragraph (1). (3) Accreditation Each Member of Congress designated as a congressional adviser under paragraph (1) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegations to international conferences, meetings, and negotiating sessions relating to trade agreements. (c) Congressional advisory groups on negotiations (1) In general By not later than 60 days after the date of the enactment of this Act, and not later than 30 days after the convening of each Congress, the chairman of the Committee on Ways and Means of the House of Representatives shall convene the House Advisory Group on Negotiations and the chairman of the Committee on Finance of the Senate shall convene the Senate Advisory Group on Negotiations (in this subsection referred to collectively as the congressional advisory groups (2) Members and functions (A) Membership of the house advisory group on negotiations In each Congress, the House Advisory Group on Negotiations shall be comprised of the following Members of the House of Representatives: (i) The chairman and ranking member of the Committee on Ways and Means, and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the House of Representatives that would have, under the Rules of the House of Representatives, jurisdiction over provisions of law affected by a trade agreement negotiation conducted at any time during that Congress and to which this Act would apply. (B) Membership of the senate advisory group on negotiations In each Congress, the Senate Advisory Group on Negotiations shall be comprised of the following Members of the Senate: (i) The chairman and ranking member of the Committee on Finance and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the Senate that would have, under the Rules of the Senate, jurisdiction over provisions of law affected by a trade agreement negotiation conducted at any time during that Congress and to which this Act would apply. (C) Accreditation Each member of the congressional advisory groups described in subparagraphs (A)(i) and (B)(i) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in negotiations for any trade agreement to which this Act applies. Each member of the congressional advisory groups described in subparagraphs (A)(ii) and (B)(ii) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in the negotiations by reason of which the member is in one of the congressional advisory groups. (D) Consultation and advice The congressional advisory groups shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement. (E) Chair The House Advisory Group on Negotiations shall be chaired by the Chairman of the Committee on Ways and Means of the House of Representatives and the Senate Advisory Group on Negotiations shall be chaired by the Chairman of the Committee on Finance of the Senate. (F) Coordination with other committees Members of any committee represented on one of the congressional advisory groups may submit comments to the member of the appropriate congressional advisory group from that committee regarding any matter related to a negotiation for any trade agreement to which this Act applies. (3) Guidelines (A) Purpose and revision The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (i) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines to facilitate the useful and timely exchange of information between the Trade Representative and the congressional advisory groups; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content The guidelines developed under subparagraph (A) shall provide for, among other things— (i) detailed briefings on a fixed timetable to be specified in the guidelines of the congressional advisory groups regarding negotiating objectives and positions and the status of the applicable negotiations, beginning as soon as practicable after the congressional advisory groups are convened, with more frequent briefings as trade negotiations enter the final stage; (ii) access by members of the congressional advisory groups, and staff with proper security clearances, to pertinent documents relating to the negotiations, including classified materials; (iii) the closest practicable coordination between the Trade Representative and the congressional advisory groups at all critical periods during the negotiations, including at negotiation sites; (iv) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and (v) the timeframe for submitting the report required under section 5(d)(3). (4) Request for meeting Upon the request of a majority of either of the congressional advisory groups, the President shall meet with that congressional advisory group before initiating negotiations with respect to a trade agreement, or at any other time concerning the negotiations. (d) Consultations with the public (1) Guidelines for public engagement The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (A) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on public access to information regarding negotiations conducted under this Act; and (B) may make such revisions to the guidelines as may be necessary from time to time. (2) Purposes The guidelines developed under paragraph (1) shall— (A) facilitate transparency; (B) encourage public participation; and (C) promote collaboration in the negotiation process. (3) Content The guidelines developed under paragraph (1) shall include procedures that— (A) provide for rapid disclosure of information in forms that the public can readily find and use; and (B) provide frequent opportunities for public input through Federal Register requests for comment and other means. (4) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (e) Consultations with advisory committees (1) Guidelines for engagement with advisory committees The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respectively— (A) shall, not later than 120 days after the date of the enactment of this Act, develop written guidelines on enhanced coordination with advisory committees established pursuant to section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 (B) may make such revisions to the guidelines as may be necessary from time to time. (2) Content The guidelines developed under paragraph (1) shall enhance coordination with advisory committees described in that paragraph through procedures to ensure— (A) timely briefings of advisory committees and regular opportunities for advisory committees to provide input throughout the negotiation process on matters relevant to the sectors or functional areas represented by those committees; and (B) the sharing of detailed and timely information with each member of an advisory committee regarding negotiations and pertinent documents related to the negotiation (including classified information) on matters relevant to the sectors or functional areas the member represents, and with a designee with proper security clearances of each such member as appropriate. (3) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. 5. Notice, consultations, and reports (a) Notice, consultations, and reports before negotiation (1) Notice The President, with respect to any agreement that is subject to the provisions of section 3(b), shall— (A) provide, at least 90 calendar days before initiating negotiations with a country, written notice to Congress of the President’s intention to enter into the negotiations with that country and set forth in the notice the date on which the President intends to initiate those negotiations, the specific United States objectives for the negotiations with that country, and whether the President intends to seek an agreement, or changes to an existing agreement; (B) before and after submission of the notice, consult regarding the negotiations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, such other committees of the House and Senate as the President deems appropriate, and the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4(c); and (C) upon the request of a majority of the members of either the House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations convened under section 4(c), meet with the requesting congressional advisory group before initiating the negotiations or at any other time concerning the negotiations. (2) Special rule for notice and consultation on Doha-related agreements In the case of any plurilateral agreement between the United States and one or more WTO members relating to a matter described in the Ministerial Declaration of the World Trade Organization adopted at Doha November 14, 2001— (A) the President shall provide the written notice described in subparagraph (A) of paragraph (1) to Congress at least 90 calendar days before initiating negotiations for the agreement and comply with subparagraphs (B) and (C) of that paragraph with respect to the agreement; and (B) if another WTO member seeks to join the negotiations after notice is provided under subparagraph (A) and the President determines that the WTO member is willing and able to meet the standard of the agreement and the participation of the WTO member would further the objectives of the United States for the agreement, the President shall— (i) provide advance written notice to Congress before the WTO member joins the negotiations with respect to whether the United States intends to support the entry of the WTO member into the negotiations; and (ii) consult with Congress as provided in subparagraphs (B) and (C) of paragraph (1). (3) Negotiations regarding agriculture (A) Assessment and consultations following assessment Before initiating or continuing negotiations the subject matter of which is directly related to the subject matter under section 2(b)(3)(B) with any country, the President shall— (i) assess whether United States tariffs on agricultural products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country; (ii) consider whether the tariff levels bound and applied throughout the world with respect to imports from the United States are higher than United States tariffs and whether the negotiation provides an opportunity to address any such disparity; and (iii) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (B) Special consultations on import sensitive products (i) Before initiating negotiations with regard to agriculture and, with respect to agreements described in paragraphs (2) and (3) of section 7(a), as soon as practicable after the date of the enactment of this Act, the United States Trade Representative shall— (I) identify those agricultural products subject to tariff rate quotas on the date of enactment of this Act, and agricultural products subject to tariff reductions by the United States as a result of the Uruguay Round Agreements, for which the rate of duty was reduced on January 1, 1995, to a rate which was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; (II) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning— (aa) whether any further tariff reductions on the products identified under subclause (I) should be appropriate, taking into account the impact of any such tariff reduction on the United States industry producing the product concerned; (bb) whether the products so identified face unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements; and (cc) whether the countries participating in the negotiations maintain export subsidies or other programs, policies, or practices that distort world trade in such products and the impact of such programs, policies, and practices on United States producers of the products; (III) request that the International Trade Commission prepare an assessment of the probable economic effects of any such tariff reduction on the United States industry producing the product concerned and on the United States economy as a whole; and (IV) upon complying with subclauses (I), (II), and (III), notify the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate of those products identified under subclause (I) for which the Trade Representative intends to seek tariff liberalization in the negotiations and the reasons for seeking such tariff liberalization. (ii) If, after negotiations described in clause (i) are commenced— (I) the United States Trade Representative identifies any additional agricultural product described in clause (i)(I) for tariff reductions which were not the subject of a notification under clause (i)(IV), or (II) any additional agricultural product described in clause (i)(I) is the subject of a request for tariff reductions by a party to the negotiations, the Trade Representative shall, as soon as practicable, notify the committees referred to in clause (i)(IV) of those products and the reasons for seeking such tariff reductions. (4) Negotiations regarding the fishing industry Before initiating, or continuing, negotiations that directly relate to fish or shellfish trade with any country, the President shall consult with the Committee on Ways and Means and the Committee on Natural Resources of the House of Representatives, and the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate, and shall keep the Committees apprised of the negotiations on an ongoing and timely basis. (5) Negotiations regarding textiles Before initiating or continuing negotiations the subject matter of which is directly related to textiles and apparel products with any country, the President shall— (A) assess whether United States tariffs on textile and apparel products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country and whether the negotiation provides an opportunity to address any such disparity; and (B) consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (6) Adherence to existing international trade and investment agreement obligations In determining whether to enter into negotiations with a particular country, the President shall take into account the extent to which that country has implemented, or has accelerated the implementation of, its international trade and investment commitments to the United States, including pursuant to the WTO Agreement. (b) Consultation with congress before entry into agreement (1) Consultation Before entering into any trade agreement under section 3(b), the President shall consult with— (A) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (B) each other committee of the House and the Senate, and each joint committee of Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement; and (C) the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4(c). (2) Scope The consultation described in paragraph (1) shall include consultation with respect to— (A) the nature of the agreement; (B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this Act; and (C) the implementation of the agreement under section 6, including the general effect of the agreement on existing laws. (3) Report regarding united states trade remedy laws (A) Changes in certain trade laws The President, not less than 180 calendar days before the day on which the President enters into a trade agreement under section 3(b), shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate— (i) the range of proposals advanced in the negotiations with respect to that agreement, that may be in the final agreement, and that could require amendments to title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. 19 U.S.C. 2251 et seq. (ii) how these proposals relate to the objectives described in section 2(b)(16). (B) Resolutions (i) At any time after the transmission of the report under subparagraph (A), if a resolution is introduced with respect to that report in either House of Congress, the procedures set forth in clauses (iii) through (vii) shall apply to that resolution if— (I) no other resolution with respect to that report has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to those procedures; and (II) no procedural disapproval resolution under section 6(b) introduced with respect to a trade agreement entered into pursuant to the negotiations to which the report under subparagraph (A) relates has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be. (ii) For purposes of this subparagraph, the term resolution That the ____ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to Congress on ____ under section 5(b)(3) of the Bipartisan Congressional Trade Priorities Act of 2014 (iii) Resolutions in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee. (iv) Resolutions in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (v) It is not in order for the House of Representatives to consider any resolution that is not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (vi) It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance. (vii) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 (4) Advisory committee reports The report required under section 135(e)(1) of the Trade Act of 1974 ( 19 U.S.C. 2155(e)(1) (c) International Trade Commission assessment (1) Submission of information to commission The President, not later than 90 calendar days before the day on which the President enters into a trade agreement under section 3(b), shall provide the International Trade Commission (referred to in this subsection as the Commission (2) Assessment Not later than 105 calendar days after the President enters into a trade agreement under section 3(b), the Commission shall submit to the President and Congress a report assessing the likely impact of the agreement on the United States economy as a whole and on specific industry sectors, including the impact the agreement will have on the gross domestic product, exports and imports, aggregate employment and employment opportunities, the production, employment, and competitive position of industries likely to be significantly affected by the agreement, and the interests of United States consumers. (3) Review of empirical literature In preparing the assessment under paragraph (2), the Commission shall review available economic assessments regarding the agreement, including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence between the various analyses and conclusions, including those of the Commission regarding the agreement. (4) Public availability The President shall make each assessment under paragraph (2) available to the public. (d) Reports submitted to committees with agreement (1) Environmental reviews and reports The President shall— (A) conduct environmental reviews of future trade and investment agreements, consistent with Executive Order 13141 (64 Fed. Reg. 63169), dated November 16, 1999, and its relevant guidelines; and (B) submit a report on those reviews and on the content and operation of consultative mechanisms established pursuant to section 2(c) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C). (2) Employment impact reviews and reports The President shall— (A) review the impact of future trade agreements on United States employment, including labor markets, modeled after Executive Order 13141 (64 Fed. Reg. 63169) to the extent appropriate in establishing procedures and criteria; and (B) submit a report on such reviews to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C). (3) Report on labor rights The President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on a timeframe determined in accordance with section 4(c)(3)(B)— (A) a meaningful labor rights report of the country, or countries, with respect to which the President is negotiating; and (B) a description of any provisions that would require changes to the labor laws and labor practices of the United States. (4) Public availability The President shall make all reports required under this subsection available to the public. (e) Implementation and enforcement plan (1) In general At the time the President submits to Congress a copy of the final text of an agreement pursuant to section 6(a)(1)(C), the President shall also submit to Congress a plan for implementing and enforcing the agreement. (2) Elements The implementation and enforcement plan required by paragraph (1) shall include the following: (A) Border personnel requirements A description of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors. (B) Agency staffing requirements A description of additional personnel required by Federal agencies responsible for monitoring and implementing the trade agreement, including personnel required by the Office of the United States Trade Representative, the Department of Commerce, the Department of Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of Homeland Security, the Department of the Treasury, and such other agencies as may be necessary. (C) Customs infrastructure requirements A description of the additional equipment and facilities needed by U.S. Customs and Border Protection. (D) Impact on state and local governments A description of the impact the trade agreement will have on State and local governments as a result of increases in trade. (E) Cost analysis An analysis of the costs associated with each of the items listed in subparagraphs (A) through (D). (3) Budget submission The President shall include a request for the resources necessary to support the plan required by paragraph (1) in the first budget of the President submitted to Congress under section 1105(a) (4) Public availability The President shall make the plan required under this subsection available to the public. (f) Other reports (1) Report on penalties Not later than one year after the imposition of a penalty or remedy by the United States permitted by a trade agreement to which this Act applies, the President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the effectiveness of the penalty or remedy applied under United States law in enforcing United States rights under the trade agreement, which shall address whether the penalty or remedy was effective in changing the behavior of the targeted party and whether the penalty or remedy had any adverse impact on parties or interests not party to the dispute. (2) Report on impact of trade promotion authority Not later than one year after the date of the enactment of this Act, the United States International Trade Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984. (3) Enforcement consultations and reports (A) The United States Trade Representative shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate after acceptance of a petition for review or taking an enforcement action in regard to an obligation under a trade agreement, including a labor or environmental obligation. During such consultations, the United States Trade Representative shall describe the matter, including the basis for such action and the application of any relevant legal obligations. (B) As part of the report required pursuant to section 163 of the Trade Act of 1974 ( 19 U.S.C. 2213 (g) Additional coordination with members Any Member of the House of Representatives may submit to the Committee on Ways and Means of the House of Representatives and any Member of the Senate may submit to the Committee on Finance of the Senate the views of that Member on any matter relevant to a proposed trade agreement, and the relevant Committee shall receive those views for consideration. 6. Implementation of trade agreements (a) In general (1) Notification and submission Any agreement entered into under section 3(b) shall enter into force with respect to the United States if (and only if)— (A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President’s intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (B) within 60 days after entering into the agreement, the President submits to Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (C) after entering into the agreement, the President submits to Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with— (i) a draft of an implementing bill described in section 3(b)(3); (ii) a statement of any administrative action proposed to implement the trade agreement; and (iii) the supporting information described in paragraph (2)(A); (D) the implementing bill is enacted into law; and (E) the President, not later than 30 days before the date on which the agreement enters into force with respect to a party to the agreement, submits written notice to Congress that the President has determined that the party has taken measures necessary to comply with those provisions of the agreement that are to take effect on the date on which the agreement enters into force. (2) Supporting information (A) In general The supporting information required under paragraph (1)(C)(iii) consists of— (i) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (ii) a statement— (I) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this Act; and (II) setting forth the reasons of the President regarding— (aa) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in subclause (I); (bb) whether and how the agreement changes provisions of an agreement previously negotiated; (cc) how the agreement serves the interests of United States commerce; and (dd) how the implementing bill meets the standards set forth in section 3(b)(3). (B) Public availability The President shall make the supporting information described in subparagraph (A) available to the public. (3) Reciprocal benefits In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 3(b) does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement. (4) Disclosure of commitments Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that— (A) relates to a trade agreement with respect to which Congress enacts an implementing bill under trade authorities procedures; and (B) is not disclosed to Congress before an implementing bill with respect to that agreement is introduced in either House of Congress, shall not be considered to be part of the agreement approved by Congress and shall have no force and effect under United States law or in any dispute settlement body. (b) Limitations on trade authorities procedures (1) For lack of notice or consultations (A) In general The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 3(b) if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements. (B) Procedural disapproval resolution (i) For purposes of this paragraph, the term procedural disapproval resolution That the President has failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities Act of 2014 (ii) For purposes of clause (i), the President has failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities Act of 2014 (I) the President has failed or refused to consult (as the case may be) in accordance with sections 4 and 5 and this section with respect to the negotiations, agreement, or agreements; (II) guidelines under section 4 have not been developed or met with respect to the negotiations, agreement, or agreements; (III) the President has not met with the House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations pursuant to a request made under section 4(c)(4) with respect to the negotiations, agreement, or agreements; or (IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this Act. (2) Procedures for considering resolutions (A) Procedural disapproval resolutions— (i) in the House of Representatives— (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 (C) It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (D) It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on Finance. (3) For failure to meet other requirements Not later than December 15, 2014, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative, shall transmit to Congress a report setting forth the strategy of the executive branch to address concerns of Congress regarding whether dispute settlement panels and the Appellate Body of the World Trade Organization have added to obligations, or diminished rights, of the United States, as described in section 2(b)(15)(C). Trade authorities procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the World Trade Organization unless the Secretary of Commerce has issued such report by the deadline specified in this paragraph. (c) Rules of House of Representatives and Senate Subsection (b) of this section, section 3(c), and section 5(b)(3) are enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. 7. Treatment of certain trade agreements for which negotiations have already begun (a) Certain agreements Notwithstanding the prenegotiation notification and consultation requirement described in section 5(a), if an agreement to which section 3(b) applies— (1) is entered into under the auspices of the World Trade Organization, (2) is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a manner consistent with section 5(a)(1) as of the date of the enactment of this Act, (3) is entered into with the European Union, or (4) is an agreement with respect to international trade in services entered into with WTO members with respect to which notifications have been made in a manner consistent with section 5(a)(2) as of the date of the enactment of this Act, and results from negotiations that were commenced before the date of the enactment of this Act, subsection (b) shall apply. (b) Treatment of agreements In the case of any agreement to which subsection (a) applies— (1) the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 5(a) (relating only to notice prior to initiating negotiations), and any procedural disapproval resolution under section 6(b)(1)(B) shall not be in order on the basis of a failure or refusal to comply with the provisions of section 5(a); provided that (2) the President as soon as feasible after the date of the enactment of this Act— (A) notifies the Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and (B) before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 5(a)(1)(B) and the House and Senate Advisory Groups on Negotiations convened under section 4(c). 8. Sovereignty (a) United States law To prevail in event of conflict No provision of any trade agreement entered into under section 3(b), nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States, any State of the United States, or any locality of the United States shall have effect. (b) Amendments or modifications of United States law No provision of any trade agreement entered into under section 3(b) shall prevent the United States, any State of the United States, or any locality of the United States from amending or modifying any law of the United States, that State, or that locality (as the case may be). (c) Dispute settlement reports Reports, including findings and recommendations, issued by dispute settlement panels convened pursuant to any trade agreement entered into under section 3(b) shall have no binding effect on the law of the United States, the Government of the United States, or the law or government of any State or locality of the United States. 9. Interests of small businesses (a) Sense of Congress It is the sense of Congress that— (1) the United States Trade Representative should facilitate participation by small businesses in the trade negotiation process; and (2) the functions of the Office of the United States Trade Representative relating to small businesses should continue to be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small businesses. (b) Consideration of small business interests The Assistant United States Trade Representative for Small Business, Market Access, and Industrial Competitiveness shall be responsible for ensuring that the interests of small businesses are considered in all trade negotiations in accordance with the objective described in section 2(a)(8). 10. Conforming amendments; application of certain provisions (a) Conforming amendments (1) Advice from United States International Trade Commission Section 131 of the Trade Act of 1974 ( 19 U.S.C. 2151 (A) in subsection (a)— (i) in paragraph (1), by striking section 2103(a) or (b) of the Bipartisan Trade Promotion Authority Act of 2002 subsection (a) or (b) of section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (ii) in paragraph (2), by striking section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 section 3(b) of the Bipartisan Congressional Trade Priorities Act of 2014 (B) in subsection (b), by striking section 2103(a)(3)(A) of the Bipartisan Trade Promotion Authority Act of 2002 section 3(a)(4)(A) of the Bipartisan Congressional Trade Priorities Act of 2014 (C) in subsection (c), by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3(a) of the Bipartisan Congressional Trade Priorities Act of 2014 (2) Hearings Section 132 of the Trade Act of 1974 ( 19 U.S.C. 2152 section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (3) Public hearings Section 133(a) of the Trade Act of 1974 ( 19 U.S.C. 2153(a) section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (4) Prerequisites for offers Section 134 of the Trade Act of 1974 ( 19 U.S.C. 2154 section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (5) Information and advice from private and public sectors Section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 (A) in subsection (a)(1)(A), by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (B) in subsection (e)— (i) in paragraph (1)— (I) by striking section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (II) by striking not later than the date on which the President notifies the Congress under section 2105(a)(1)(A) of the Bipartisan Trade Promotion Authority Act of 2002 not later than the date that is 30 days after the date on which the President notifies Congress under section 6(a)(1)(A) of the Bipartisan Congressional Trade Priorities Act of 2014 (ii) in paragraph (2), by striking section 2102 of the Bipartisan Trade Promotion Authority Act of 2002 section 2 of the Bipartisan Congressional Trade Priorities Act of 2014 (6) Procedures relating to implementing bills Section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 (A) in subsection (b)(1), in the matter preceding subparagraph (A), by striking section 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002 section 6(a)(1) of the Bipartisan Congressional Trade Priorities Act of 2014 (B) in subsection (c)(1), by striking section 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002 section 6(a)(1) of the Bipartisan Congressional Trade Priorities Act of 2014 (7) Transmission of agreements to Congress Section 162(a) of the Trade Act of 1974 ( 19 U.S.C. 2212(a) section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 section 3 of the Bipartisan Congressional Trade Priorities Act of 2014 (b) Application of certain provisions For purposes of applying sections 125, 126, and 127 of the Trade Act of 1974 ( 19 U.S.C. 2135 (1) any trade agreement entered into under section 3 shall be treated as an agreement entered into under section 101 or 102 of the Trade Act of 1974 (19 U.S.C. 2111 or 2112), as appropriate; and (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 3 shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 102 of the Trade Act of 1974 ( 19 U.S.C. 2112 11. Definitions In this Act: (1) Agreement on agriculture The term Agreement on Agriculture 19 U.S.C. 3511(d)(2) (2) Agreement on safeguards The term Agreement on Safeguards 19 U.S.C. 3511(d)(13) (3) Agreement on subsidies and countervailing measures The term Agreement on Subsidies and Countervailing Measures 19 U.S.C. 3511(d)(12) (4) Antidumping agreement The term Antidumping Agreement 19 U.S.C. 3511(d)(7) (5) Appellate body The term Appellate Body (6) Common multilateral environmental agreement (A) In general The term common multilateral environmental agreement (B) Agreements specified The agreements specified in this subparagraph are the following: (i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249). (ii) The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987. (iii) The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London February 17, 1978. (iv) The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar February 2, 1971 (TIAS 11084). (v) The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra May 20, 1980 (33 UST 3476). (vi) The International Convention for the Regulation of Whaling, done at Washington December 2, 1946 (62 Stat. 1716). (vii) The Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington May 31, 1949 (1 UST 230). (C) Additional agreements Both the United States and one or more other parties to the negotiations may agree to include any other multilateral environmental or conservation agreement to which they are full parties as a common multilateral environmental agreement under this paragraph. (7) Core labor standards The term core labor standards (A) freedom of association; (B) the effective recognition of the right to collective bargaining; (C) the elimination of all forms of forced or compulsory labor; (D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and (E) the elimination of discrimination in respect of employment and occupation. (8) Dispute settlement understanding The term Dispute Settlement Understanding 19 U.S.C. 3511(d)(16) (9) Enabling Clause The term Enabling Clause 19 U.S.C. 3501 (10) Environmental laws The term environmental laws (11) GATT 1994 The term GATT 1994 19 U.S.C. 3501 (12) General Agreement on Trade in Services The term General Agreement on Trade in Services 19 U.S.C. 3511(d)(14) (13) Government procurement agreement The term Government Procurement Agreement 19 U.S.C. 3511(d)(17) (14) ILO The term ILO (15) Import sensitive agricultural product The term import sensitive agricultural product (A) with respect to which, as a result of the Uruguay Round Agreements the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995, to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; or (B) which was subject to a tariff rate quota on the date of the enactment of this Act. (16) Information technology agreement The term Information Technology Agreement (17) Internationally recognized core labor standards The term internationally recognized core labor standards (18) Labor laws The term labor laws (19) United states person The term United States person (A) a United States citizen; (B) a partnership, corporation, or other legal entity that is organized under the laws of the United States; and (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both. (20) Uruguay round agreements The term Uruguay Round Agreements 19 U.S.C. 3501(7) (21) World trade organization; WTO The terms World Trade Organization WTO (22) WTO agreement The term WTO Agreement (23) WTO member The term WTO member 19 U.S.C. 3501(10)

Bipartisan Congressional Trade Priorities Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Support for United States-Republic of Korea Civil Nuclear Cooperation Act - Authorizes the President to extend the term of the Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Atomic Energy to a date that is not later than March 19, 2016. Directs the President to report to Congress every 180 days on the progress of negotiations on a new U.S.-Korea civil nuclear cooperation agreement.

To authorize the President to extend the term of the nuclear energy agreement with the Republic of Korea until March 19, 2016. 1. Short title This Act may be cited as the Support for United States-Republic of Korea Civil Nuclear Cooperation Act 2. Findings Congress makes the following findings: (1) In the 60th year of the alliance, the relationship between the United States and the Republic of Korea could not be stronger. It is based on mutual sacrifice, mutual respect, shared interests, and shared responsibility to promote peace and security in the Asia-Pacific region and throughout the world. (2) North Korea’s nuclear weapons programs, including uranium enrichment and plutonium reprocessing technologies, undermine security on the Korean Peninsula. The United States and the Republic of Korea have a shared interest in preventing further proliferation, including through the implementation of the 2005 Joint Statement of the Six-Party Talks. (3) Both the United States and Republic of Korea have a shared objective in strengthening the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow, and Washington July 1, 1968, and a political and a commercial interest in working collaboratively to address challenges to their respective peaceful civil nuclear programs. (4) The nuclear energy agreement referred to in section 3 is scheduled to expire on March 19, 2014. In order to maintain healthy and uninterrupted cooperation in this area between the two countries while a new agreement is being negotiated, Congress should authorize the President to extend the duration of the current agreement until March 19, 2016. 3. Extension of nuclear energy agreement with the Republic of Korea Notwithstanding section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 4. Report to Congress on progress of negotiations between the United States and Republic of Korea Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until a new Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Nuclear Energy is submitted to Congress, the President shall provide to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on the progress of negotiations on a new civil nuclear cooperation agreement. January 15, 2014 Reported without amendment

Support for United States-Republic of Korea Civil Nuclear Cooperation Act

Health Exchange Security and Transparency Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to notify an individual within two business days after discovery of any breach of security of any system maintained by a health care exchange established under the Patient Protection and Affordable Care Act which is known to have resulted in the theft of or unlawful access to the individual's personally identifiable information.

To require notification of individuals of breaches of personally identifiable information through Exchanges under the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Health Exchange Security and Transparency Act of 2014 2. Notification of individuals of breaches of personally identifiable information through PPACA Exchanges Not later than two business days after the discovery of a breach of security of any system maintained by an Exchange established under section 1311 or 1321 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031

Health Exchange Security and Transparency Act of 2014

Prepaid Card Disclosure Act of 2014 - Amends the Electronic Fund Transfer Act to extend its coverage to spending accounts (transaction accounts) established by a consumer (or on a consumer's behalf) at an insured depository institution or credit union: (1) to which recurring electronic fund transfers may be made, at the consumer's direction; or (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device (commonly referred to as prepaid cards). Treats as a spending account any similar transaction account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending account: (1) any nonreloadable general-use prepaid card in an amount under $250; (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other health care benefit account; (3) a gift certificate; (4) a store gift card; (5) an electronic promise, plastic card, or payment code, or device; (6) a nonreloadable card labeled as a gift card and marketed solely as such; (7) a nonreloadable loyalty, rebate, or promotional card; or (8) a debit card or general-use prepaid card that has been provided to a person pursuant to a federal, state or local government-administered payment program, in which the person may only use the card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to that program. Authorizes the Consumer Financial Protection Bureau (CFPB) to require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that the technology is capable of providing an electronic link to certain required disclosures to the consumer.

To provide greater fee disclosures for consumers who have prepaid cards, and for other purposes. 1. Short title This Act may be cited as the Prepaid Card Disclosure Act of 2014 2. Spending accounts (a) Spending accounts The Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. (1) by redesignating section 923 (15 U.S.C. 1693 note), relating to the effective date of the Electronic Fund Transfer Act, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (2) by redesignating section 922 (15 U.S.C. 1693r), relating to exemptions for State regulation, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (3) by inserting after section 923, as so redesignated, the following: 924. Spending accounts; disclosure of fee information (a) Definition For purposes of this section, the term spending account (1) means a transaction account, other than as defined in section 903(2)— (A) that is established by a consumer or on behalf of a consumer at an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) (B) that contains the funds of a consumer; (C) to which payments are to be made by a consumer, or at the direction of a consumer; (D) to which recurring electronic fund transfers may be made, at the direction of a consumer; or (E) from which payments may be made at the direction of a consumer through the use of a card, code, or device; (2) includes a transaction account described in paragraph (1)— (A) that is operated or managed by a financial institution, or any other person; and (B) the funds of which are— (i) pooled with the funds of a person other than the person who established the account; or (ii) held in a name other than that of the person who established the account; and (3) does not include— (A) a nonreloadable general-use prepaid card, as defined in section 915(a)(2)(A), in an amount that does not exceed $250; (B) a general-use prepaid card, as defined in section 915(a)(2)(A), that is solely associated with— (i) a health plan to which section 105 (ii) a qualified transportation fringe, as defined in section 132(f) of the Internal Revenue Code of 1986; (iii) a health savings account, as defined in section 223(d) of the Internal Revenue Code of 1986; or (iv) any other healthcare benefit account, including a healthcare account relating to Medicare or Medicaid benefits; (C) a gift certificate, as defined in section 915(a)(2)(B); (D) a store gift card, as defined in section 915(a)(2)(C); (E) an electronic promise, plastic card, or payment code or device described in clause (i), (v), or (vi) of section 915(a)(2)(D); (F) a nonreloadable card labeled as a gift card and marketed solely as a gift card; (G) a nonreloadable loyalty, rebate, or promotional card; or (H) a debit card or general-use prepaid card that has been provided to a person pursuant to a Federal, State or local government administered payment program, in which the person may only use the debit card or general-use prepaid card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to such program. (b) Disclosure of fee information (1) Disclosure required Each financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person that offers a spending account shall provide to a consumer— (A) together with any application, offer, or solicitation for a spending account, a table of any fees that may be charged in connection with the spending account that— (i) can be easily understood by the consumer; (ii) is clearly and conspicuously displayed to the consumer before purchase; and (iii) includes, at a minimum, the amount and a description of each fee that may be charged in connection with the spending account by the financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person; and (B) on the card or other means of access, a toll-free telephone number and website at which the consumer may access a clear and conspicuous disclosure of the fees that may be charged in connection with the spending account. (2) QR code The Bureau may, in accordance with any rules established under paragraph (3) and in addition to the disclosure requirements under paragraph (1), require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that such QR code, barcode, or other technology is capable of providing an electronic link to the disclosures required under paragraph (1) to a consumer. (3) Rules Not later than 9 months after the date of enactment of the Prepaid Card Disclosure Act of 2014 . (b) Technical and conforming amendments Section 903 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693a (1) by redesignating paragraph (4) (relating to the Board of Governors of the Federal Reserve System), as so designated by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (2) in paragraph (3), as so redesignated, by striking term Bureau term Board (c) Preservation of authority Nothing in this Act shall be construed to limit, amend, or otherwise alter the authority of the Bureau of Consumer Financial Protection to issue and adopt rules, take any action, or exercise any other power under the Electronic Fund Transfer Act, including with respect to general-use prepaid cards or any other electronic fund transfer product not subject to the provisions of this Act. (d) Rule of construction relating to EBT cards Nothing in this Act shall be construed to affect the regulation of electronic benefit transfers by the Bureau of Consumer Financial Protection.

Prepaid Card Disclosure Act of 2014

Higher Education Reform and Opportunity Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the following entities, programs, and courses eligible for funding under title IV if they are accredited by an authorized accreditation authority in a state that has an alternative accreditation agreement with the Secretary of Education: institutions that provide postsecondary courses; postsecondary apprenticeship programs; and postsecondary education courses or programs provided by institutions of postsecondary education, nonprofit organizations, or for-profit organizations or businesses. Lists the items to be included in a state's alternative accreditation agreement with the Secretary, including the standards those entities, programs, and courses must meet to receive and maintain their accreditation. Requires that agreement to include the state's assurance that only entities, programs, and courses that provide credits toward a postsecondary certification, credential, or degree (as defined by the state in the agreement) will be accredited. Establishes the formula for determining the administrative cost allowance for: (1) the entities, programs, and courses that are accredited through the alternative accreditation system and that administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant programs in accordance with the agreement; and (2) states that will administer those programs for such entities, programs, and courses in accordance with the agreement.

To amend the eligibility requirements for funding under title IV of the Higher Education Act of 1965. 1. Short title This Act may be cited as the Higher Education Reform and Opportunity Act of 2013 2. Amendments to the Higher Education Act (a) Definition of Institution of Higher Education Section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking Subject to paragraphs (2) through (4) Subject to paragraphs (2) through (5) (3) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) if accredited by an authorized accreditation authority in a State that has an alternative accreditation agreement with the Secretary, as described in paragraph (5)— (i) an institution that provides postsecondary education; (ii) a postsecondary apprenticeship program; or (iii) a postsecondary education course or program provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; ; and (4) by inserting after paragraph (4), the following: (5) State alternative accreditation (A) In General Notwithstanding any other provision of law, a State may establish an alternative accreditation system for the purpose of establishing institutions that provide postsecondary education and postsecondary education courses or programs as eligible for funding under title IV if the State enters into an agreement with the Secretary for the establishment of the alternative accreditation system. Such institutions, courses, or programs may include— (i) institutions that provide postsecondary education; (ii) postsecondary apprenticeship programs; (iii) any other postsecondary education course or program offered at an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; and (iv) any of the entities described in clauses (i) through (iii) that do not award a postsecondary certification, credential, or degree, provided that such entity provides credit that will apply toward a postsecondary certification, credential, or degree. (B) Alternative accreditation agreement The alternative accreditation agreement described in subparagraph (A) shall include the following: (i) The designation of one or more authorized accrediting entities within the State, such as the State Department of Education, another State agency, an industry-specific accrediting agency, or another entity, and an explanation of the process through which the State will select such authorized accrediting entities. (ii) The standards or criteria that an institution that provides postsecondary education and a postsecondary education course or program must meet in order to— (I) receive an initial accreditation as part of the alternative accreditation system; and (II) maintain such accreditation. (iii) A description of the appeals process through which an institution that provides postsecondary education and a postsecondary education course or program may appeal to an authorized accrediting entity if such institution, course, or program is denied accreditation under the State alternative accreditation system. (iv) Each authorized accrediting entity's policy regarding the transfer of credits between institutions that provide postsecondary education and postsecondary education courses or programs within the State that are accredited as part of the alternative accreditation system. (v) The Secretary's reporting requirements for the State regarding the State alternative accreditation system, including— (I) the contents of reports that must be submitted to the Secretary, which may include information such as— (aa) in the case of a postsecondary education course or program that is accredited through the State alternative accreditation system— (AA) the number and percentage of students who successfully complete each such postsecondary education course or program; and (BB) the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree using credit obtained from each such postsecondary education course or program; and (bb) in the case of an institution that provides postsecondary education that is accredited through the State alternative accreditation system— (AA) the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree from such institution; and (BB) the number and percentage of students who do not successfully obtain a postsecondary certification, credential, or degree from such institution but do obtain credit from such institution toward a postsecondary degree, credential, or certification; (II) the frequency with which such reports must be submitted to the Secretary; and (III) any requirements for third party verification of information contained in such reports. (vi) The State policy regarding public accessibility to certain information relating to institutions that provide postsecondary education and postsecondary education courses and programs accredited under the State alternative accreditation system, including— (I) the information described in subclause (I) of clause (v); and (II) information about the rates of job placement for individuals that have graduated from an institution or completed a course or program that is accredited under the State alternative accreditation system. (vii) An assurance by the State that under the State alternative accreditation system, only institutions that provide postsecondary education and postsecondary education courses or programs that provide credits toward a postsecondary certification, credential, or degree (as defined by the State in accordance with clause (viii)) will be accredited. (viii) The State's definition of a postsecondary certification, credential, or degree, as such term applies to the requirement described in clause (vii). (ix) A description of the agreements that the State will enter into with institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system to enable such institutions, courses, or programs to be eligible under a program authorized under title IV, for participation in the direct student loan program, and for the origination of loans under part D of title IV, and how such agreements will operate in lieu of the agreements described in sections 487 and 454. (x) A description of how the State will select institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system, in lieu of the selection process described in section 453, for— (I) participation in the direct student loan program under part D of title IV; and (II) approval allowing such institution, program, or course to originate direct loans under part D of title IV. (xi) A description of how the State will administer title IV funds for institutions that provide postsecondary education, postsecondary apprenticeship programs, and postsecondary education courses or programs provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business that are accredited through the alternative accreditation system. (C) Administrative Costs for Pell Grant Students (i) Pell Grants administered by entities In the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and that will administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 (ii) Pell Grants administered by States In the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and will not administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants, but will have such programs administered by the State in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 (iii) Use of Funds All funds that an institution, apprenticeship program, entity, or the State receives under this subparagraph shall be used solely to pay the cost of— (I) administering the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants; and (II) carrying out the reporting requirements described under subparagraph (B)(v). (iv) Financial aid services If an institution, apprenticeship program, or entity described in this subparagraph enrolls a significant number of students who are attending less-than-full-time or are independent students, such institution, apprenticeship program, entity, or the State, as the case may be, shall use a reasonable proportion of the funds provided under this subparagraph to make financial aid services available during times and in places that will most effectively accommodate the needs of those students. . (b) Title IV eligibility requirements Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 493E. State Accredited Institutions, Programs, or Courses Notwithstanding any other provision of law, an institution, program, or course that is eligible for funds under this title in accordance with section 102(a)(1)(B) and meets the requirements of section 102(a)(5) shall not be required to meet any other requirements of this title. For purposes of this title, such an institution, program, or course shall be deemed to be an eligible institution that meets the requirements of section 487. .

Higher Education Reform and Opportunity Act of 2013

Electricity Security and Affordability Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act. Requires the Administrator to separate sources fueled with coal and natural gas into separate categories. Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within the coal category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard. Requires the Administrator, in separating sources fueled with coal into a separate category, to establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units (BTUs) per pound. Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory that meets the unit requirements specified by this Act for the coal category. Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source. Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.

To provide direction to the Administrator of the Environmental Protection Agency regarding the establishment of standards for emissions of any greenhouse gas from fossil fuel-fired electric utility generating units, and for other purposes. 1. Short title This Act may be cited as the Electricity Security and Affordability Act 2. Standards of performance for new fossil fuel-fired electric utility generating units (a) Limitation The Administrator of the Environmental Protection Agency may not issue, implement, or enforce any proposed or final rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (b) Requirements In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (1) shall separate sources fueled with coal and natural gas into separate categories; and (2) shall not set a standard based on the best system of emission reduction for new sources within the coal category unless— (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within such category— (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal having a heat content of 8300 or less British Thermal Units per pound (1) Separate subcategory In carrying out subsection (b)(1), the Administrator of the Environmental Protection Agency shall establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units per pound. (2) Standard Notwithstanding subsection (b)(2), in issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory— (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. 3. Congressional approval required for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units (a) Applicability This section applies with respect to any rule or guidelines issued by the Administrator of the Environmental Protection Agency under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (1) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit; or (2) apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. (b) Congressional approval A rule or guidelines described in subsection (a) shall not take effect unless a Federal law is enacted specifying such rule’s or guidelines’ effective date. (c) Reporting A rule or guidelines described in subsection (a) shall not take effect unless the Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on— (A) economic growth, competitiveness, and jobs in the United States; and (B) electricity ratepayers, including low-income ratepayers in affected States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. 4. Repeal of earlier rules and guidelines The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule— (A) entitled Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units (B) withdrawn pursuant to the notice entitled Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that— (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act ( 42 U.S.C. 7411 (A) are issued prior to the date of the enactment of this Act; and (B) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit or apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. 5. Definitions In this Act: (1) Demonstration project The term demonstration project (2) Existing source The term existing source 42 U.S.C. 7411(a) (3) Greenhouse gas The term greenhouse gas (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification The term modification 42 U.S.C. 7411(a) (5) Modified source The term modified source (6) New source The term new source 42 U.S.C. 7411(a)

Electricity Security and Affordability Act

Establishes the Office of Net Assessment within the Office of the Secretary of Defense (DOD) to develop and coordinate net assessments of the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries to identify emerging or future threats or opportunities for the United States.

To establish the Office of Net Assessment within the Department of Defense. 1. Department of Defense Office of Net Assessment (a) Policy It is the policy of the United States to maintain an independent organization within the Department of Defense to develop and coordinate net assessments of the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries so as to identify emerging or future threats or opportunities for the United States. (b) Establishment (1) In general Chapter 4 145. Office of Net Assessment (a) In general There is in the Office of the Secretary of Defense an office known as the Office of Net Assessment. (b) Head (1) The head of the Office of Net Assessment shall be appointed by the Secretary of Defense. The head shall be a member of the Senior Executive Service. (2) The head of the Office of Net Assessment may communicate views on matters within the responsibility of the head directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense. (3) The head of the Office of Net Assessment shall report directly to the Secretary. The Secretary may not delegate the authority under this paragraph. (c) Responsibilities The Office of Net Assessment shall develop and coordinate net assessments with respect to the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries to identify emerging or future threats or opportunities for the United States. (d) Budget In the budget materials submitted to the President by the Secretary of Defense in connection with the submittal to Congress, pursuant to section 1105 (e) Net assessment defined In this section, the term net assessment . (2) Clerical amendment The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 145. Office of Net Assessment. .

A bill to establish the Office of Net Assessment within the Department of Defense.

Fairness for Community Job Creators Act - Amends the Bank Holding Company Act of 1956 relating to prohibitions on proprietary trading and certain relationships with hedge and private equity funds (Volcker Rule). Prohibits any construction of these prohibitions to require divestiture of collateralized debt obligations backed by trust-preferred securities or debt securities of collateralized loan obligations, if those collateralized debt obligations or collateralized loan obligations were issued before December 10, 2013.

To amend a provision of the Bank Holding Company Act of 1956 regarding prohibitions on investments in certain funds to clarify that such provision shall not be construed to require the divestiture of certain collateralized debt obligations backed by trust-preferred securities or debt securities of collateralized loan obligations. 1. Short title This Act may be cited as the Fairness for Community Job Creators Act 2. Rule of construction relating to debt instruments Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 (i) Rule of construction Nothing in this section shall be construed to require the divestiture of any collateralized debt obligations backed by trust-preferred securities or debt securities of collateralized loan obligations, if such collateralized debt obligations or collateralized loan obligations were issued before December 10, 2013. .

Fairness for Community Job Creators Act

Constitutional Concealed Carry Reciprocity Act of 2014 - Amends the federal criminal code to authorize a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, who is entitled and not prohibited from carrying a concealed firearm in his or her state of residence or who is carrying a valid state license or permit to carry a concealed weapon, and who is carrying a government-issued photographic identification document, to carry a concealed handgun (which has been shipped or transported in interstate or foreign commerce, other than a machine gun or destructive device) in any state in accordance with the restrictions of that state. Provides that in a state that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual license or permit holders, an individual carrying a concealed handgun under this Act shall be permitted to carry it according to the same terms authorized by an unrestricted license or permit issued by such state.

To allow reciprocity for the carrying of certain concealed firearms. 1. Short title This Act may be cited as the Constitutional Concealed Carry Reciprocity Act of 2014 2. Reciprocity for the carrying of certain concealed firearms (a) In general Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms (a) In general Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary— (1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and (2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. (b) Conditions and limitations The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. (c) Unrestricted license or permit In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. (d) Rule of construction Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms. . (b) Clerical amendment The table of sections for chapter 44 926D. Reciprocity for the carrying of certain concealed firearms. . (c) Severability Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective date The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

Constitutional Concealed Carry Reciprocity Act of 2014

Creating Hope and Opportunity for Individuals and Communities through Education Act or the CHOICE Act - Amends the Scholarships for Opportunity and Results Act to: (1) require the Secretary of Education (Secretary) to use funds appropriated under the Act that are carried over from one fiscal year to the next to provide opportunity scholarships to eligible students who have not yet received them; and (2) include among the eligibility criteria for such a scholarship a requirement that a student in the District of Columbia is enrolled, or will be enrolled for the next school year, in a public or private elementary or secondary school. (Opportunity scholarships are provided to low-income students in the District of Columbia to enable them to attend the District of Columbia private elementary or secondary school of their choice.) Amends the Individuals with Disabilities Education Act to allow states that have established a program allowing the parents of disabled children to use public or private funds to send their children to a private school to use their allocation of special education funds to supplement those funds. Authorizes grants for the improvement of special education services to be used for the planning, design, and initial implementation, during a period of up to three years, of state programs that allow the parents of a disabled child to make a genuine independent choice of the appropriate public or private school for their child. Sets forth requirements for those programs, including that they: (1) permit parents to receive state funds to pay some or all of the costs of their disabled child's attendance at the selected school, or (2) permit persons to receive a state tax credit for donations to an entity that provides funds to enable parents to pay some or all of the costs of their disabled child's attendance at that school. Directs the Secretary of Defense (DOD) to carry out a five-year pilot program to award scholarships to enable military dependent students who live on military installations to attend the public or private elementary or secondary schools their parents choose rather than those assigned to them. Requires the Secretary of Defense to select at least five military installations to participate in the program and choose those where military students would most benefit from expanded education options. Directs the Secretary of Defense to use a random process to select scholarship recipients if more students apply for the scholarships than can be accommodated. Requires the Secretary to return to the Treasury specified amounts made available for Department of Education salaries and expenses.

To expand opportunity through greater choice in education, and for other purposes. 1. Short title This Act may be cited as the Creating Hope and Opportunity for Individuals and Communities through Education Act CHOICE Act I Improving the Scholarships for Opportunity and Results Act 101. Purpose The purpose of this title is to amend the Scholarships for Opportunity and Results Act ( Public Law 112–10 102. Improvements to the Scholarships for Opportunity and Results Act (a) Carryover amounts Section 3014 of division C of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 ( Public Law 112–10 (c) Carryover amounts (1) In general Amounts appropriated under this section shall remain available until expended. (2) Use of carryover amounts Of the funds appropriated under this section that are unobligated, are not expended in the fiscal year for which such funds are appropriated, and are not necessary for the continuation of the scholarships already awarded, the Secretary shall, for the subsequent fiscal year— (A) use 2 percent of such funds to carry out outreach and parental education and assistance activities described in section 3007(c) that are in addition to any such activities carried out by an eligible entity under such section; and (B) use the remaining amount of such funds to provide opportunity scholarships to eligible students who have not previously received such a scholarship. . (b) Clarification in student eligibility Section 3013(3) of division C of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 ( Public Law 112–10 , is enrolled, or will be enrolled for the next school year, in a public or private elementary school or secondary school, District of Columbia II Education portability for individuals with disabilities 201. Purpose The purpose of this title is to provide options to States to innovate and improve the education of children with disabilities by expanding the choices for students and parents under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 202. Amendments to the Individuals with Disabilities Education Act (a) Children enrolled in private schools by their parents Section 612(a)(10)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)(A)) is amended by adding at the end the following: (viii) Parent option program If a State has established a program that meets the requirements of section 663(c)(11) (whether statewide or in limited areas of the State) and that allows a parent of a child described in section 663(c)(11)(A) to use public funds, or private funds in accordance with 633(c)(11)(B)(ii), to pay some or all of the costs of attendance at a private school— (I) funds allocated to the State under section 611 may be used by the State to supplement such public or private funds, if the Federal funds are distributed to parents who make a genuine independent choice as to the appropriate school for their child, except that in no case shall the amount of Federal funds provided under this subclause to a parent of a child with a disability for a year exceed the total amount of tuition, fees, and transportation costs for the child for the year; (II) the authorization of a parent to exercise this option fulfills the State's obligation under paragraph (1) with respect to the child during the period in which the child is enrolled in the selected school; and (III) a selected school accepting such funds shall not be required to carry out any of the requirements of this title with respect to such child. . (b) Research and innovation To improve services and results for children with disabilities Section 663(c) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1463(c) (1) in paragraph (9), by striking and (2) in paragraph (10), by striking the period and inserting ; and (3) by adding at the end the following: (11) supporting the post-award planning and design, and the initial implementation (which may include costs for informing the community, acquiring necessary equipment and supplies, and other initial operational costs), during a period of not more than 3 years, of State programs that allow the parent of a child with a disability to make a genuine independent choice of the appropriate public or private school for their child, if the program— (A) requires that the child be a child who has received an initial evaluation described in section 614(a) and has been identified as a child with a disability, in accordance with part B; (B) (i) permits the parent to receive from the State funds to be used to pay some or all of the costs of attendance at the selected school (which may include tuition, fees, and transportation costs); or (ii) permits persons to receive a State tax credit for donations to an entity that provides funds to parents of eligible students described in subparagraph (A), to be used by the parents to pay some or all of the costs of attendance at the selected school (which may include tuition, fees, and transportation costs); (C) prohibits any school that agrees to participate in the program from discriminating against eligible students on the basis of race, color, national origin, or sex, except that— (i) the prohibition of sex discrimination shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of such prohibition is inconsistent with the religious tenets or beliefs of the school; and (ii) notwithstanding this subparagraph or any other provision of law, a parent may choose, and a school may offer, a single-sex school, class, or activity; (D) notwithstanding any other provision of law, allows any school participating in the program that is operated by, supervised by, controlled by, or connected to, a religious organization to exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. (E) allows a school to participate in the program without, consistent with the First Amendment of the Constitution of the United States— (i) necessitating any change in the participating school's teaching mission; (ii) requiring any private participating school to remove religious art, icons, scriptures, or other symbols; or (iii) precluding any private participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents; and (F) requires a participating school selected for a child with a disability to be academically accountable to the parent for meeting the educational needs of the student. . III Military scholarships 301. Purpose The purpose of this title is to ensure high-quality education for children of military personnel who live on military installations and thus have less freedom to exercise school choice for their children, in order to improve the ability of the Armed Forces to retain such military personnel. 302. Military scholarship program (a) Definitions In this section: (1) ESEA definitions The terms child elementary school secondary school local educational agency 20 U.S.C. 7801 (2) Eligible military student The term eligible military student (A) is a military dependent student; (B) lives on a military installation selected to participate in the program under subsection (b)(2); and (C) chooses to attend a participating school, rather than a school otherwise assigned to the child. (3) Military dependent student The term military dependent student 20 U.S.C. 7703b(e) (4) Participating school The term participating school (A) accepts scholarship funds provided under this section on behalf of an eligible military student for the costs of tuition, fees, or transportation of the eligible military student; and (B) is accredited, licensed, or otherwise operating in accordance with State law. (5) Secretary The term Secretary (b) Program authorized (1) In general From amounts made available under subsection (g) and beginning for the first full school year following the date of enactment of this Act, the Secretary shall carry out a 5-year pilot program to award scholarships to enable eligible military students to attend the public or private elementary schools or secondary schools selected by the eligible military students' parents. (2) Scope of program (A) In general The Secretary shall select not less than 5 military installations to participate in the pilot program described in paragraph (1). In making such selection, the Secretary shall choose military installations where eligible military students would most benefit from expanded educational options. (B) Ineligibility A military installation that provides, on its premises, education for all elementary school and secondary school grade levels through one or more Department of Defense dependents' schools shall not be eligible for participation in the program. (3) Amount of scholarships (A) In general The annual amount of each scholarship awarded to an eligible military student under this section shall not exceed the lesser of— (i) the cost of tuition, fees, and transportation associated with attending the participating school selected by the parents of the student; or (ii) (I) in the case of an eligible military student attending elementary school— (aa) $8,000 for the first full school year following the date of enactment of this Act; or (bb) the amount determined under subparagraph (B) for each school year following such first full school year; or (II) in the case of an eligible military student attending secondary school— (aa) $12,000 for the first full school year following the date of enactment of this Act; or (bb) the amount determined under subparagraph (B) for each school year following such first full school year. (B) Adjustment for inflation For each school year after the first full school year following the date of enactment of this Act, the amounts specified in subclauses (I) and (II) of subparagraph (A)(ii) shall be adjusted to reflect changes for the 12-month period ending the preceding June in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (4) Payments to parents The Secretary shall make scholarship payments under this section to the parent of the eligible military student in a manner that ensures such payments will be used for the payment of tuition, fees, and transportation expenses (if any) in accordance with this section. (c) Selection of scholarships recipients (1) Random selection If more eligible military students apply for scholarships under the program under this section than the Secretary can accommodate, the Secretary shall select the scholarship recipients through a random selection process from students who submitted applications by the application deadline specified by the Secretary. (2) Continued eligibility (A) In general An individual who is selected to receive a scholarship under the program under this section shall continue to receive a scholarship for each year of the program until the individual— (i) graduates from secondary school or elects to no longer participate in the program; (ii) exceeds the maximum age for which the State in which the student lives provides a free public education; or (iii) is no longer an eligible military student. (B) Continued participation for military transfers (i) Transfer to private non-military housing Notwithstanding subparagraph (A)(iii), an individual receiving a scholarship under this section for a school year who meets the requirements of subparagraphs (A) and (C) of subsection (a)(2) and whose family, during such school year, moves into private non-military housing that is not considered to be part of the military installation, shall continue to receive the scholarship for use at the participating school for the remaining portion of the school year. (ii) Transfer to a different military installation Notwithstanding subparagraph (A)(iii), an individual receiving a scholarship under this section for a school year whose family is transferred to a different military installation shall no longer be eligible to receive such scholarship beginning on the date of the transfer. Such individual may apply to participate in any program offered under this section for the new military installation for a subsequent school year, if such individual qualifies as an eligible military student for such school year. (d) Nondiscrimination and other provisions (1) Non-discrimination A participating school shall not discriminate against program participants or applicants on the basis of race, color, national origin, or sex. (2) Applicability and single-sex schools, classes, or activities (A) In general Notwithstanding any other provision of law, the prohibition of sex discrimination in paragraph (1) shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of paragraph (1) is inconsistent with the religious tenets or beliefs of the school. (B) Single-sex schools, classes, or activities Notwithstanding paragraph (1) or any other provision of law, a parent may choose, and a participating school may offer, a single-sex school, class, or activity. (3) Children with disabilities Nothing in this section may be construed to alter or modify the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (4) Rules of conduct and other school policies A participating school, including the schools described in subsection (e), may require eligible students to abide by any rules of conduct and other requirements applicable to all other students at the school. (e) Religiously affiliated schools (1) In general Notwithstanding any other provision of law, a participating school that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. (2) Maintenance of purpose Notwithstanding any other provision of law, funds made available under this title to eligible military students that are received by a participating school, as a result of their parents' choice, shall not, consistent with the first amendment of the United States Constitution— (A) necessitate any change in the participating school's teaching mission; (B) require any private participating school to remove religious art, icons, scriptures, or other symbols; or (C) preclude any private participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (f) Reports (1) Annual reports Not later than July 30 of the year following the year of the date of enactment of this Act, and each subsequent year through the year in which the final report is submitted under paragraph (2), the Secretary shall prepare and submit to Congress an interim report on the scholarships awarded under the pilot program under this section that includes the content described in paragraph (3) for the applicable school year of the report. (2) Final report Not later than 90 days after the end of the pilot program under this section, the Secretary shall prepare and submit to Congress a report on the scholarships awarded under the program that includes the content described in paragraph (3) for each school year of the program. (3) Content Each annual report under paragraph (1) and the final report under paragraph (2) shall contain— (A) the number of applicants for scholarships under this section; (B) the number, and the average dollar amount, of scholarships awarded; (C) the number of participating schools; (D) the number of elementary school students receiving scholarships under this section and the number of secondary school students receiving such scholarships; and (E) the results of a survey, conducted by the Secretary, regarding parental satisfaction with the scholarship program under this section. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. (h) Offset in Department of Education salaries Notwithstanding any other provision of law, for fiscal year 2014 and each of the 4 succeeding fiscal years, the Secretary of Education shall return to the Treasury $10,000,000 of the amounts made available to the Secretary for salaries and expenses of the Department of Education for such year.

CHOICE Act

Pat Summitt Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to Pat Summitt in recognition of her career in women's team sports and her courage in speaking out about her battle with Alzheimer's disease. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal at a price sufficient to cover the cost of both the gold and bronze medals.

To award a Congressional Gold Medal to Pat Summitt, in recognition of her remarkable career as an unparalleled figure in women's team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer's. 1. Short title This Act may be cited as the Pat Summitt Congressional Gold Medal Act 2. Findings Congress finds the following: (1) Pat Summitt, who has more wins than any basketball coach in NCAA history, men or women, concluded her coaching career after 38 seasons at the University of Tennessee on April 18, 2012. (2) Pat Summitt won a record eight NCAA championships, and received National Coach of the Year honors 7 times over her career. (3) Pat Summitt will remain head coach emeritus at the University of Tennessee, mentoring and teaching life skills to players. (4) Coaching has been the great passion of Pat Summitt’s life, and the job has always been an opportunity for her to work with student-athletes and help them discover their true potential. (5) Coach Summitt’s last team at the University of Tennessee finished with an overall record of 27–9, including an SEC Tournament Championship and a spot in the Final Four in Denver. (6) Pat Summitt continued her work off the court, including a graduation record of 100 percent for all Lady Vols who completed their eligibility at the University of Tennessee. (7) Pat Summitt announced on August 23, 2011, that she had been diagnosed with early onset dementia, Alzheimer's Type (8) Later in November 2011, Coach Summitt announced the Pat Summitt Foundation Fund, which helps to provide funding and research for Alzheimer’s and dementia. (9) On May 29, 2012, President Barack Obama awarded the Presidential Medal of Freedom, the country’s highest civilian honor, to Pat Summitt for her remarkable career as an unparalleled figure in women’s team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s. 3. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Pat Summitt, in recognition of her remarkable career as an unparalleled figure in women’s team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Pat Summitt Congressional Gold Medal Act

SKILLS Act or Supporting Knowledge and Investing in Lifelong Skills Act - Amends the Workforce Investment Act of 1998 (WIA) to revise requirements and reauthorize appropriations for: (1) WIA title I, workforce investment systems for job training and employment services; and (2) WIA title II, adult education and family literacy education programs. Revises requirements to: (1) eliminate representatives of labor organizations from state workforce investment boards, and (2) specify that representatives of business on a board represent large and small businesses each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the state economy. Requires a state board to assist the state governor by developing: (1) policies and programs that support a comprehensive statewide workforce development system, and (2) a statewide workforce and labor market information system. Revises requirements for: (1) a state workforce development plan; (2) local workforce investment areas, boards, and plans; (3) one-stop delivery systems; and (4) the allotment of federal funds among states for employment and training activities. Eliminates specific funding for adult and dislocated worker employment and training. Specifies state use of federal funds to set up a Workforce Investment Fund. Revises requirements for: (1) within state allocations of funds; and (2) the use of funds for state and local employment and training activities, including statewide rapid response, individuals with barriers to employment grants, and adults with barriers to employment grants. Converts the national emergency grants program into a national dislocated worker grants program. Authorizes the Secretary of Labor to award national dislocated worker grants to spouses of active duty members of the Armed Forces or full-time duty members of the National Guard (or members who recently separated from such duties) and are in need of employment and training assistance to obtain or retain employment. Requires the Employment and Training Administration of the Department of Labor to be the principal agency to administer WIA title I workforce investment systems for job training and employment services. Prohibits the use of funds for lobbying (with specified exceptions) and political activities (including voter registration activities). Adult Education and Family Literacy Education Act - Revises requirements for the state unified plan for adult education and literacy programs. Amends the Wagner-Peyser Act to eliminate the U.S. Employment Service. Replaces the nationwide employment statistics system, which the Secretary is required to oversee, with a nationwide workforce and labor market information system. Repeals the Youth Conservation Corps Act of 1970 and specified other laws. Amends the Food and Nutrition Act of 2008 to require employment and training services to eligible members of households participating in the supplemental nutrition assistance program be provided through the statewide workforce development system, including the one-stop delivery system. Amends the Immigration and Nationality Act (INA) with respect to employment and training services for refugees, and the Second Chance Act of 2007 as well as the Omnibus Crime Control and Safe Streets Act of 1968 with respect to such services through the statewide workforce investment system for federal, state, and local prisoner reentry programs. Amends the Rehabilitation Act of 1973 (RA73) to: (1) redesignate the Commissioner of the Rehabilitation Services Administration the Director; and (2) require an eligible state to use a certain percentage of the federal share of the cost of vocational rehabilitation services to award grants to pay for the federal share of the cost of carrying out collaborative programs, create practical job and career readiness and training programs, and provide job placements and career advancement. Repeals the authority of the Commissioner of the Rehabilitation Services Administration in the Department of Education to make grants and contracts for: (1) vocational rehabilitation services to individuals with disabilities who are migrant or seasonal farmworkers, (2) recreational programs for such individuals, and (3) in-service training of vocational rehabilitation personnel. Repeals title VI (Employment Opportunities for Individuals with Disabilities) of the RA73. Revises requirements and reauthorizes appropriations for vocational rehabilitation services under the RA73. Directs the Comptroller General (GAO) to report to Congress regarding: (1) whether, before receiving workforce investment system training services, adults and dislocated workers have first exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965; and (2) a determination of the amount of administrative costs savings at the federal and state levels as a result of workforce investment system programs repealed or consolidated under this Act.

To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century, and for other purposes. 1. Short title This Act may be cited as the SKILLS Act Supporting Knowledge and Investing in Lifelong Skills Act 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. References. Sec. 4. Application to fiscal years. TITLE I—Amendments to the Workforce Investment Act of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff and restrictions on political and lobbying activities. Subtitle F—State unified plan Sec. 140. State unified plan. TITLE II—Adult Education and Family Literacy Education Sec. 201. Amendment. TITLE III—Amendments to the Wagner-Peyser Act Sec. 301. Amendments to the Wagner-Peyser Act. TITLE IV—Repeals and Conforming Amendments Sec. 401. Repeals. Sec. 402. Amendment to other laws. Sec. 403. Conforming amendment to table of contents. TITLE V—Amendments to the Rehabilitation Act of 1973 Sec. 501. Findings. Sec. 502. Rehabilitation Services Administration. Sec. 503. Definitions. Sec. 504. Carryover. Sec. 505. Traditionally underserved populations. Sec. 506. State plan. Sec. 507. Scope of services. Sec. 508. Standards and indicators. Sec. 509. Expenditure of certain amounts. Sec. 510. Collaboration with industry. Sec. 511. Reservation for expanded transition services. Sec. 512. Client assistance program. Sec. 513. Research. Sec. 514. Title III amendments. Sec. 515. Repeal of title VI. Sec. 516. Title VII general provisions. Sec. 517. Authorizations of appropriations. Sec. 518. Conforming amendments. TITLE VI—Studies by the Comptroller General Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds. Sec. 602. Study by the Comptroller General on administrative cost savings. 3. 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 amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. 4. Application to fiscal years Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to fiscal year 2015 and succeeding fiscal years. I Amendments to the Workforce Investment Act of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 (1) by striking paragraph (2) and inserting the following: (2) Adult education and family literacy education activities The term adult education and family literacy education activities ; (2) by striking paragraphs (13) and (24); (3) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (4) by striking paragraphs (52) and (53); (5) by inserting after In this title: (1) Accrued expenditures The term accrued expenditures (A) charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; (B) charges incurred for services performed by employees, contractors, subgrantees, subcontractors, and other payees; and (C) other amounts becoming owed, under programs assisted under this title, for which no current services or performance is required, such as amounts for annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs ; (6) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the The (7) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school ; (8) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) 8th grade level (9) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training a significant portion of the cost of training, as determined by the local board involved (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board or Governor, respectively, determines to be appropriate (10) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) section 121(e) (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) 134(c)(4) (ii) by striking intensive services described in section 134(d)(3) work ready services described in section 134(c)(2) (C) in subparagraph (C), by striking or (D) in subparagraph (D), by striking the period and inserting ; or (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) ; (11) in paragraph (12)(A) (as redesignated)— (A) by striking and or (B) by striking (A) (A)(i) (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (12) in paragraph (13) (as so redesignated), by inserting or regional local (13) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) section 122 (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C); (14) in paragraph (15) (as so redesignated), by striking adult or dislocated worker individual (15) in paragraph (20), by striking The Subject to section 116(a)(1)(E), the (16) in paragraph (25)— (A) in subparagraph (B), by striking higher of— poverty line for an equivalent period; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (17) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, (18) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. ; (19) in paragraph (38), by striking 134(a)(1)(A) 134(a)(1)(B) (20) in paragraph (41), by striking , and the term means such Secretary for purposes of section 503 (21) in paragraph (43), by striking clause (iii) or (v) of section 136(b)(3)(A) section 136(b)(3)(A)(iii) (22) by amending paragraph (49) to read as follows: (49) Veteran The term veteran ; (23) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education ; (24) in paragraph (51), by striking , and a youth activity (25) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) A secondary school dropout. (ii) A youth in foster care (including youth aging out of foster care). (iii) A youth offender. (iv) A youth who is an individual with a disability. (v) A migrant youth. (53) Industry or sector partnership The term industry or sector partnership (A) a State board or local board; and (B) one or more industry or sector organizations, and other entities, that have the capability to help the State board or local board determine the immediate and long-term skilled workforce needs of in-demand industries or sectors and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential (55) Pay-for-performance contract strategy The term pay-for-performance contract strategy (A) the core indicators of performance described in subclauses (I) through (IV) and (VI) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed-to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider, which may be used to expand the capacity of such provider; (C) the ability for an eligible provider to recoup the costs of providing the activities for a program participant who has not achieved those levels, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). (56) Recognized postsecondary credential The term recognized postsecondary credential (57) Registered apprenticeship program The term registered apprenticeship program . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of taxpayer funds. 103. State workforce investment boards Section 111 (29 U.S.C. 2821) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) section 117(b)(2)(A) (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 ; (2) in subsection (c), by striking (b)(1)(C)(i) (b)(1)(B)(i) (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, the State board shall develop a State plan. (2) Statewide workforce development system The State board shall review and develop statewide policies and programs in the State in a manner that supports a comprehensive statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional amounts for additional activities or programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system The State board shall develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) (4) Employer engagement The State board shall develop strategies, across local areas, that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas The State board shall designate local areas as required under section 116. (6) One-stop delivery system The State board shall identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight The State board shall conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures The State board shall develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken vote (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and on a regular basis through 104. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or (B) by striking 5-year strategy 3-year strategy (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training services providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training services relate to in-demand industries and other occupations important to the State economy; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of and an assurance regarding common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) an assurance that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within 1 year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, (E) in paragraph (11), by striking under sections 127 and 132 under section 132 (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) 111(e) (I) in paragraph (13) (as so redesignated), by striking 134(c) 121(e) (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) 116(a)(3) (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii)— (aa) by striking to dislocated workers (bb) by inserting and additional assistance rapid response activities (II) in clause (iii), by striking 134(d)(4) 134(c)(4) (III) by striking and (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ; and (ii) in subparagraph (B), by striking to the extent practicable in accordance with the requirements of the Jobs for Veterans Act (Public Law 107–288) and the amendments made by such Act (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across a targeted cluster of multiple firms for a range of workers employed or potentially employed by the industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; and (C) to address critical skill gaps within and across industries and sectors; (19) a description of how the State will utilize technology, to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided by the State for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with nonprofit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the costs of infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veterans population to be served in the State. ; (3) in subsection (c), by striking period, that— period, that the plan is inconsistent with the provisions of this title. (4) in subsection (d), by striking 5-year 3-year 105. Local workforce investment areas Section 116 (29 U.S.C. 2831) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Process In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall— (i) support the statewide workforce development system developed under section 111(d)(2), enabling the system to meet the workforce needs of the State and its local areas; (ii) include consultation, prior to the designation, with chief elected officials; (iii) include consideration of comments received on the designation through the public comment process as described in section 112(b)(9); and (iv) require the submission of an application for approval under subparagraph (B). (B) Application To obtain designation of a local area under this paragraph, a local or regional board (or consortia of local or regional boards) seeking to take responsibility for the area under this Act shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including— (i) a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers; (ii) a description of how the local area is consistent or aligned with— (I) service delivery areas (as determined by the State); (II) labor market areas; and (III) economic development regions; (iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area and available to meet the needs of the local workforce; (iv) a description of the distance that individuals will need to travel to receive services provided in such local area; and (v) any other criteria that the State board may require. (C) Priority In designating local areas under this paragraph, a State board shall give priority consideration to an area proposed by an applicant demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions. (D) Alignment with local plan A State may designate an area proposed by an applicant as a local area under this paragraph for a period not to exceed 3 years. (E) References For purposes of this Act, a reference to a local area— (i) used with respect to a geographic area, refers to an area designated under this paragraph; and (ii) used with respect to an entity, refers to the applicant. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3); (D) by striking paragraph (4); (E) by redesignating paragraph (5) as paragraph (3); and (F) in paragraph (3) (as so redesignated), by striking (2) or (3) (1) (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. (B) in paragraph (2), by striking employment statistics workforce and labor market information 106. Local workforce investment boards Section 117 (29 U.S.C. 2832) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— representatives include representatives (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) the superintendent or other employee of the local educational agency who has primary responsibility for secondary education, the presidents or chief executive officers of postsecondary educational institutions (including a community college, where such an entity exists), or administrators of local entities providing adult education and family literacy education activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority A 2/3 (ii) by striking (2)(A)(i) (2)(A) (C) in paragraph (5), by striking (2)(A)(i) (2)(A) (2) in subsection (c)— (A) in paragraph (1), by striking subparagraph (C); and (B) in paragraph (3)(A)(ii), by striking paragraphs (1) through (7) paragraphs (1) through (8) (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (B) Existing analysis In carrying out requirements of subparagraph (A)(i), a local board shall use an existing analysis, if any, by the local economic development entity or related entity. (3) Employer engagement The local board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (ii) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in clause (i). (iii) Disbursal The local grant recipient or an entity designated under clause (ii) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under clause (ii) shall disburse the funds immediately on receiving such direction from the local board. (C) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (D) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcomes of such eligible providers using the criteria under section 122(b)(2), and designate such eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the program year following the review. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system, in the local area, authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including access in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and regular basis through (B) by striking and the award of grants or contracts to eligible providers of youth activities, (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) section 134(c)(4) (B) by striking paragraph (2) and inserting the following: (2) Work ready services; designation or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken vote (7) by striking subsections (h) and (i). 107. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year 3-year (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under subclauses (I) through (IV) of section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services described in section 117(d)(8) and provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the targeted industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries and sectors; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide workforce investment activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community, and with transition services (as defined under section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 (B) consistent with section 188 and Executive Order No. 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration into the workplace; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (11) an identification of the entity responsible for the disbursal of grant funds described in section 117(d)(4)(B)(iii), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the one-stop career system described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily completed related training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; and (3) in subsection (c)— (A) in paragraph (1), by striking such means electronic means and such means (B) in paragraph (2), by striking , including representatives of business and representatives of labor organizations, 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through a one-stop delivery system to the program or activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program or activities of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program or activities of the entity to maintain the one-stop delivery system, including payment of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop delivery system, that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (ii), as so redesignated, by striking adult education and literacy activities adult education and family literacy education activities (v) in clause (viii), as so redesignated, by striking and (vi) in clause (ix), as so redesignated, by striking the period and inserting ; and (vii) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall be considered to be a one-stop partner under this title and carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such an entity shall not be considered to be such a partner and shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) section 134(c)(2) (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for training for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services under the memorandum; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification Local designation and certification (B) in paragraph (2)— (i) by striking section 134(c) subsection (e) (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational career and technical (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in paragraph (4) of section 134(c), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b); and (E) provide access to the data and information described in subparagraphs (A) and (B) of section 15(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a)(1) (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification of a one-stop center under this subsection shall include— (i) meeting the expected levels of performance for each of the corresponding core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the center, involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the center ensures that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop, for certification referred to in paragraph (1)(A), additional criteria or higher standards on the criteria referred to in paragraph (1)(B) to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), for a fiscal year shall be provided to the Governor by such partners to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers in the State by each such partner, the costs of administration for purposes not related to one-stop centers for each such partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and family literacy education activities authorized under title II and for postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the determination described in clause (i) with respect to the corresponding 2 programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) and subparagraph (A) to appeal a determination regarding the portion of funds to be provided under this paragraph on the basis that such determination is inconsistent with the requirements described in the State plan for the program or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by a one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such program that may be used for administration. (ii) Federal direct spending programs (I) In general A program that provides Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide more than the maximum amount determined under subclause (II). (II) Maximum amount The maximum amount for the program is the amount that bears the same relationship to the costs referred to in paragraph (2) for the State as the use of the one-stop centers by such program bears to the use of such centers by all one-stop partner programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas. The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in a local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure (i) Other funds (1) In general In addition to the funds provided under subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such 2 types of programs, shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved. Such portion shall be used to pay for costs including— (A) costs of infrastructure (as defined in subsection (h)) that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure (as so defined); and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and standards The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide standards to facilitate the determination of appropriate allocation of the funds and noncash resources to local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services and be included on the list of eligible providers of training services described in subsection (d). (2) Providers Subject to the provisions of this section, to be eligible to receive the funds and be included on the list, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this subsection to be eligible to receive the funds and be included on the list. A provider described in paragraph (2)(B) shall be eligible to receive the funds and be included on the list with respect to programs described in paragraph (2)(B) for so long as the provider remains certified by the Secretary of Labor to carry out the programs. (b) Criteria (1) In general The criteria established by the Governor pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136, measures for other matters for which information is required under paragraph (2), and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to in-demand industries or occupations important to the local economy; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of the providers to offer programs that lead to a recognized postsecondary credential, and the quality of such programs; (E) the performance of the providers as reflected in the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review on the criteria every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required on the criteria established by the Governor, for purposes of determining the eligibility of providers of training services under this section in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no entity may disclose personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, without the prior written consent of the parent or student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible under this section; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process, for a provider of training services to appeal a denial or termination of eligibility under this section, that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. For purposes of subparagraph (A), that period shall be considered to be the period beginning on the date on which the inaccurate information described in subparagraph (A) was supplied, and ending on the date of the termination described in subparagraph (A). (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states A State may enter into an agreement with another State, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in the other State. (g) Recommendations In developing the criteria (including requirements for related information) and procedures required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria and procedures, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and list. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible under this section, to be providers of the training services involved. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of (B) by striking adults, and dislocated workers, individuals 111. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State boards or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this paragraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) (B) Formula Subject to subparagraphs (C) (D) (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (D) Small state minimum allotment Subject to subparagraph (C) 1/5 subparagraph (A) (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage (I) used with respect to fiscal year 2013, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (II) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year, that is received under this paragraph by the State involved for the fiscal year. (ii) Area of substantial unemployment The term area of substantial unemployment (iii) Disadvantaged youth The term disadvantaged youth (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iv) Individual The term individual . 112. Within State allocations Section 133 (29 U.S.C. 2863) is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve not more than 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities and additional assistance Of the amount reserved under paragraph (1) (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of the State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas in the State, shall— (A) allocate the funds that are allotted to the State under section 132(b)(2) and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv), except that a reference in a section specified in any of clauses (i) through (iv) to each State all States (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i) (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage (i) used with respect to fiscal year 2013, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2013, that is received under such provisions by the local area involved for fiscal year 2013; and (ii) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas under this paragraph for the fiscal year, that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor may, in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities subsection (b) for such activities (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amount allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 ( 29 U.S.C. 2864 (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1) and not reserved under paragraph (2) or (3) of section 133(a)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities and additional assistance Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to provide the statewide rapid response activities and additional assistance described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to award statewide grants for individuals with barriers to employment on a competitive basis, and carry out other activities, as described in paragraph (5). (2) Required statewide employment and training activities A State shall use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training services described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnership initiatives, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas— (i) for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)); (ii) for local coordination of activities carried out under this Act; and (iii) for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contract strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such a strategy, which may involve providing assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities and additional assistance A State shall use funds reserved as described in section 133(a)(2)— (A) to carry out statewide rapid response activities, which shall include provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) to provide additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance for, and conduct evaluations as described in section 136(e) of, the programs carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities (that meet specific performance outcomes and criteria established by the Governor) described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard-to-serve individuals; and (iii) agrees to be reimbursed primarily on the basis of meeting specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use the grant funds for programs of activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. To be eligible to receive a grant under this paragraph for an employment and training program, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities of the program will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118, with respect to the area of the State that will be the focus of the program under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, with the grant funds provided, for the program under this paragraph, and how the entity will ensure the sustainability of such program after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such program; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the program provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services Work ready services (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) (1) (II) by striking core services work ready services (III) by striking who are adults or dislocated workers (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program involved, such as assisting in— (i) the submission of applications; (ii) the provision of information on the results of such applications; and (iii) the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including provision of information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics workforce and labor market (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, (ix) in subparagraph (H), as so redesignated, by inserting under section 136 local performance measures (x) in subparagraph (J), as so redesignated, by inserting and information regarding the administration of the work test for the unemployment compensation system compensation (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for education and training programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits, available to participants in employment and training activities, and relating to education, job training, and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if the activities involved are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; and (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B). ; (ii) in subparagraph (B)(i), by striking Except Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and family literacy education activities provided in conjunction with other training services authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) section 121 (bb) in subclause (I), by striking section 122(e) section 122(d) section 122(h) section 122(i) (cc) in subclause (II), by striking subsections (e) and (h) subsections (d) and (i) (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services from (notwithstanding any provision of this title) eligible providers for those programs and sources. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts career enhancement accounts (II) in clause (i), by striking individual training accounts career enhancement accounts (III) in clause (ii)— (aa) by striking an individual training account a career enhancement account (bb) by striking subparagraph (F) subparagraph (E) (cc) in subclause (II), by striking individual training accounts career enhancement accounts (dd) in subclause (II), by striking or (ee) in subclause (III), by striking the period and inserting ; or (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand industries or occupations important to the State or local economy, that such contract may be used to enable the expansion of programs provided by a priority eligible provider, and that such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker individual (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V); and (bb) by inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and child care, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. (v) incorporation of pay-for-performance contract strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. ; (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required payment toward such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State board and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialists to carry out employment, training, supportive, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate the furnishing of employment, training, supportive, and placement services to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran or member described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran or member described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the one-stop operator of the one-stop center in the local area and shall provide, at a minimum, quarterly reports to the one-stop operator of such center and to the Assistant Secretary for Veterans’ Employment and Training for the State on the specialist's performance, and compliance by the specialist with Federal law (including regulations), with respect to the— (i) principal duties (including facilitating the furnishing of services) for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and other individuals. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by each local board in the State in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), and including summaries of outcomes achieved by participating veterans, disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the 3-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, supportive, and placement services under this subsection. (8) State option At the request of a local board, a State may opt to assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialists for placement in the local area served by the local board. . 114. Performance accountability system Section 136 (29 U.S.C. 2871) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and family literacy education activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of the following indicators of performance (with performance determined in the aggregate and as disaggregated by the populations identified in the State and local plan in each case): (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The difference in the median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program, compared to the median earnings of such participants prior to participation in such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from the program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), a certificate from an on-the-job training program, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential, certificate, diploma, or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants (in addition to obtaining such diploma or its recognized equivalent), within 1 year after exit from the program, have obtained or retained employment, have been removed from public assistance, or have begun an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 , for all 3 (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years for all 3 program years (V) in clause (iv)— (aa) by striking or (v) (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by inserting , such as unemployment rates and job losses or gains in particular industries economic conditions (BB) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status (including disability status among veterans), and welfare dependency, program (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated)— (aa) by striking described in clause (iv)(II) described in clause (iv)(I) (bb) by striking or (v) (ii) in subparagraph (B), by striking paragraph (2)(C) paragraph (2)(B) (2) in subsection (c)— (A) by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsection, other than statewide workforce investment activities; and ; (B) in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) (b)(2)(B) (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic conditions (such as unemployment rates and job losses or gains in particular industries), or demographic characteristics or other characteristics of the population to be served, in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or (ii) by striking and the customer satisfaction indicator (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) (II) by striking and (v) by striking subparagraph (F); and (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described in section 134(c)(2) and the number of individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services, and the amount of funds spent on each of the 2 types of services during the most recent program year and fiscal year, and the preceding 5 fiscal years; (ii) the number of individuals who successfully exited out of work ready services described in section 134(c)(2) and the number of individuals who exited out of training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (iii) the average cost per participant of those individuals who received work ready services described in section 134(c)(2) and the average cost per participant of those individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (D) the amount of funds spent on training services and discretionary activities described in section 134(d), disaggregated by the populations identified under section 112(b)(16)(A)(iv) and section 118(b)(10). ; (C) in paragraph (3)(A), by striking through publication through electronic means (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the reports is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or (B) (ii) in subparagraph (B), by striking may reduce by not more than 5 percent, shall reduce (B) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)— (A) in paragraph (1), by striking or (B) (B) in paragraph (2)— (i) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (iii) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (iv) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan corrective action under subparagraph (A) or (B) may, not later than 30 days after receiving notice of the action, appeal to the Governor to rescind or revise such action (v) in subparagraph (D) (as so redesignated), by striking subparagraph (B) subparagraph (C) (6) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (B), by striking subsection (b)(2)(C) subsection (b)(2)(B) (ii) in subparagraph (C), by striking (b)(3)(A)(vi) (b)(3)(A)(v) (B) in paragraph (2), by striking the activities described in section 502 concerning (C) in paragraph (3), by striking described in paragraph (1) and in the activities described in section 502 and activities described in this subsection (7) by adding at the end the following new subsections: (j) Use of core indicators for other programs Consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described in section 121(b)(1)(B) (in addition to the programs carried out under chapter 5) that are carried out by the Secretary. (k) Establishing pay-for-Performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training activities in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 (29 U.S.C. 2872) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $5,945,639,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop One-stop (B) by striking applicable (C) by striking customer service (D) by striking intake assessment (2) in paragraph (4), by striking before completing the requirements prior to becoming a graduate. (3) in paragraph (5), by striking has completed the requirements who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary school (3) in paragraph (3)(E), by striking vocational career and technical education and 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational career and technical education and training (B) in paragraph (3)— (i) by striking To the extent practicable, the The (ii) in subparagraph (A)— (I) by striking applicable (II) by inserting and (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules failure to observe the rules (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years year (ii) by striking an assignment a (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, (ii) in subparagraph (B), by striking and (iii) in subparagraph (C)— (I) by inserting the education and training including (II) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by home of the enrollee 120. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational career and technical (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 subsections (a) and (b) of section 3304 of title 41, United States Code (II) by striking industry council workforce council (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable demonstrates relationships with the surrounding communities, employers, workforce boards, and (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii)— (I) by striking , as appropriate (II) by striking through (IV) through (V) (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 1-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials (such as industry-recognized credentials and certificates from registered apprenticeship programs); or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational Academic and Career and Technical Education and (B) by striking may The Secretary shall (C) by striking vocational career and technical (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational career and technical education and (2) in subsection (b)— (A) by striking make every effort to arrange to (B) by striking to assist assist (3) by striking subsection (d). 123. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 (1) in the header, by striking Operating plan Operations (2) in subsection (a), by striking In General. Operating Plan. (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan Availability (B) by striking subsections (a) and (b) subsection (a) (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 (29 U.S.C. 2896) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraphs (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) chapter 5 of title 40, United States Code, 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 (1) in the section heading, by striking Management Information Performance Accountability and Management (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military, or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a certificate from a registered apprenticeship program; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized postsecondary credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corps center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established as targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of enrollees that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(f)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit 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, and make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services and additional assistance, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, localities, (B) by striking from carrying out activities to implement the amendments made by the SKILLS Act (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) subsection (a) (B) by striking , or recipient of financial assistance under any of sections 166 through 169, (C) by striking or grant recipient (6) in subsection (c) (as so redesignated), by striking paragraph (1) subsection (a) (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act (2) by amending subsection (a)(4) to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) by amending subsection (c) to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2016, and thereafter shall conduct such an analysis not less than once every 4 years. ; (4) in subsection (e), by striking the Committee on Labor and Human Resources of the Senate the Committee on Health, Education, Labor, and Pensions of the Senate (5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: (f) Reduction of amounts authorized To be appropriated for late reporting If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress. ; and (6) by adding at the end, the following: (h) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 (29 U.S.C. 2931) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations, (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall may (3) in subsection (e)— (A) by striking training for the entry into employment, retention in employment, or increases in earnings of (B) by striking subtitle B this Act (4) in subsection (f)(4), by striking 134(a)(3)(B) 133(a)(4) (5) by adding at the end the following: (g) Salary and bonus limitation (1) In general No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the rate prescribed in level II of the Executive Schedule under section 5315 (2) Vendors The limitation described in paragraph (1) shall not apply to vendors providing goods and services as defined in OMB Circular A–133. (3) Lower limit In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in paragraph (1) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. (h) General authority (1) In general The Employment and Training Administration of the Department of Labor (referred to in this Act as the Administration 29 U.S.C. 49 et seq. 29 U.S.C. 701 et seq. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. (3) Functions In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Deputy Secretary of Labor, as determined by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 (29 U.S.C. 2932) is amended— (1) in subsection (c)— (A) by striking 127 or (B) by striking , except that (2) in subsection (e)— (A) by striking sections 128 and 133 section 133 (B) by striking 127 or 134. Fiscal controls; sanctions Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended— (1) by striking (A) Each Each (2) by striking subparagraph (B). 135. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period and inserting ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit 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, Secretary, 136. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) in the first sentence, by striking each State each recipient (except as otherwise provided in this paragraph) (ii) in the second sentence, by striking 171 or (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) in clause (i), by striking ; and (ii) by striking requirements of subparagraph (B) any of the statutory or regulatory requirements of subtitle B requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B (iii) by striking clause (ii); and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states The Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B), in lieu of requiring the additional States to meet the requirements of subparagraphs (B) and (C). Such procedure shall ensure that the extension of such a waiver to additional States is accompanied by appropriate conditions relating to the implementation of such waiver. (E) External Conditions The Secretary shall not require or impose new or additional requirements, that are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) (29 U.S.C. 2941(a)) is amended— (1) by striking consistent with the provisions of this title consistent with State law and the provisions of this title (2) by striking consistent with the terms and conditions required under this title consistent with State law and the terms and conditions required under this title 138. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received under a program by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this paragraph. ; (2) by striking paragraph (9); (3) by redesignating paragraphs (10) through (13) as paragraphs (9) through (12), respectively; and (4) by adding at the end the following new paragraphs: (13) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except that for purposes of this paragraph, such an enterprise does not include a one-stop center. (14) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff and restrictions on political and lobbying activities Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who, on the day before the date of enactment of the SKILLS Act, worked on or administered each of the programs and activities that were authorized under this Act or were authorized under a provision listed in section 401 of the SKILLS Act; and (B) identify the number of full-time equivalent employees who on the day before that date of enactment, worked on or administered each of the programs and activities described in subparagraph (A), on functions for which the authorizing provision has been repealed, or for which an amount has been consolidated (if such employee is in a duplicate position), on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) 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. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature or legislative body (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) such preparation, distribution, or use of such materials, that are 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. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, 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 or issuance of legislation, appropriations, regulations, administrative action, or an Executive order proposed or pending before the Congress or any State government, or a State 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. (b) Political restrictions (1) In general No funds received by a participant of a program or activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. (3) Definition For the purposes of this subsection, the term participant . F State unified plan 140. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted in accordance with this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities or programs set forth in subparagraphs (A) and (B) of paragraph (2) and shall cover one or more of the activities or programs set forth in subparagraphs (C) through (N) of paragraph (2). (2) Activities and programs For purposes of paragraph (1), the term activity or program (A) Activities and programs authorized under title I. (B) Activities and programs authorized under title II. (C) Programs authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). (D) Secondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (E) Postsecondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006. (F) Activities and programs authorized under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). (G) Programs and activities authorized under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (H) Programs authorized under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (I) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food and Nutrition Act of 1977 (7 U.S.C. 2015(o)). (L) Activities and programs authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (M) Activities and programs authorized under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. (N) Activities authorized under chapter 41 ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). (3) Scope of portion For purposes of paragraph (1), the portion of the State unified plan covering an activity or program shall be considered to include the plan described in subsection (c)(3) and any proposal described in subsection (e)(2), as that part and proposal relate to the activity or program. ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2), and subject to paragraph (4) and to the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs covered by the plan into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State that has a State unified plan approved under subsection (d) with a proposal for consolidation under paragraph (2), and that is carrying out such consolidation, shall— (A) in providing an activity or program for which an amount is consolidated into the Workforce Investment Fund— (i) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program; and (ii) meet the intent and purpose for the activity or program; and (B) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate an amount under paragraph (2) that is allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (B) title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). . II Adult Education and Family Literacy Education 201. Amendment Title II ( 20 U.S.C. 9201 et seq. II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and mathematics skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and mathematics skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and mathematics skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and mathematics skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and mathematics skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program (A) assists parents and students, on a voluntary basis, in achieving the purpose of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor (7) Individual with a disability (A) In general The term individual with a disability (B) Individuals with disabilities The term individuals with disabilities (8) English learner The term English learner (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training (10) Institution of higher education The term institution of higher education (11) Literacy The term literacy (12) Local educational agency The term local educational agency (13) Outlying area The term outlying area (14) Postsecondary educational institution The term postsecondary educational institution (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary (16) State The term State (17) State educational agency The term State educational agency (18) Workplace literacy program The term workplace literacy program 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal year 2015 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2015, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2016 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraphs (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, mathematics, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (1), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and mathematics programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions In this section: (1) Correctional institution The term correctional institution (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated education and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and mathematics skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and mathematics content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and mathematics, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III Amendments to the Wagner-Peyser Act 301. Amendments to the Wagner-Peyser Act Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor (referred to in this section as the Secretary (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (C) and (D) of subsection (e)(1); and (iii) shall meet the needs for the information identified in section 121(e)(1)(E) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(e)(1)(E) (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c)(2) (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(1). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of workforce and labor market information in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of, and submit to the Secretary, an annual plan to carry out the requirements and authorities of this subsection; and (K) utilize the quarterly records described in section 136(f)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(f)(2) (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $60,153,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . IV Repeals and Conforming Amendments 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (3) Sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). (4) The Twenty-First Century Workforce Commission Act (29 U.S.C. 2701 note). (5) Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 (7) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendments to other laws Section 104(k)(6)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(6)(A)) is amended by striking training, research, and research and (a) Amendments to the Food and Nutrition Act of 2008 (1) Definition Section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amended— (A) by striking means (1) the agency (A) the agency ; (B) by striking programs, and (2) the tribal (B) the tribal ; and (C) by striking this Act. (C) in the context of employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). . (2) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (A) in subsection (d)(14) by striking section 6(d)(4)(I) section 6(d)(4)(C) (B) in subsection (g)(3), in the first sentence, by striking constitutes adequate participation in an employment and training program under section 6(d) allows the individual to participate in employment and training activities under section 6(d)(4) (3) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as follows: (D) Employment and training (i) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (ii) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the one-stop delivery system authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (iii) Reimbursements (I) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (aa) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (bb) the actual costs of such dependent care expenses as are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of that Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (II) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at the option of the State agency, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (III) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (aa) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (bb) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (4) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) (S) the plans of the State agency for providing employment and training services under section 6(d)(4); . (5) Administrative cost-sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) (A) in paragraph (1)— (i) in subparagraph (A), by striking carry out employment and training programs provide employment and training services to eligible households under section 6(d)(4) (ii) in subparagraph (D), by striking operating an employment and training program providing employment and training services consistent with section 6(d)(4) (B) in paragraph (3)— (i) by striking participation in an employment and training program the individual participating in employment and training activities (ii) by striking section 6(d)(4)(I)(i)(II) section 6(d)(4)(C)(i)(II) (C) in paragraph (4), by striking for operating an employment and training program to provide employment and training services (D) by striking paragraph (5) and inserting the following: (E) Monitoring (i) In general The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. (ii) Accountability Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the State performance measures described in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (6) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 (A) in subsection (b)— (i) in paragraph (1)(B)(iv)(III)(dd), by striking , (4)(F)(i), or (4)(K) or (4) (ii) by striking paragraph (3); and (B) in subsection (g), in the first sentence in the matter preceding paragraph (1)— (i) by striking programs established activities provided to eligible households (ii) by inserting , in conjunction with the Secretary of Labor, Secretary (7) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by striking equivalent to those offered under the employment and training program (b) Amendments to section 412 of the Immigration and Nationality Act (1) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) (A) in paragraph (1)— (i) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement provide refugees with the opportunity to access employment and training services, including job placement, (ii) in subparagraph (B)(ii), by striking services; services provided through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.); (B) in paragraph (2)(C)(iii)(II), by inserting and training employment (C) in paragraph (6)(A)(ii)— (i) by striking insure ensure (ii) by inserting and training employment (iii) by inserting after available through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) (D) in paragraph (9), by inserting the Secretary of Labor, Education, (2) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (A) by striking orientation, instruction orientation and instruction (B) by striking , and job training for refugees, and such other education and training of refugees, as facilitates for refugees to facilitate (3) Project grants and contracts for services for refugees Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i), by inserting and training employment (ii) by striking subparagraph (C); (B) in paragraph (2)(B), by striking paragraph— in a manner paragraph in a manner (C) by adding at the end the following: (C) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (i) making employment and training activities described in section 134 of such Act ( 29 U.S.C. 2864 (ii) providing refugees with access to a one-stop delivery system established under section 121 of such Act (29 U.S.C. 2841). . (4) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (A) in paragraph (2)(A)(i), by inserting and training providing employment (B) in paragraph (3), by striking The Consistent with subsection (c)(3), the (c) Amendments relating to the Second Chance Act of 2007 (1) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 (A) in subsection (a)(1)(E)— (i) by inserting the Department of Labor and other Federal agencies (ii) by inserting State and local workforce investment boards, community-based organizations, (B) in subsection (c)— (i) in paragraph (2), by striking at the end and (ii) in paragraph (3), by striking at the end the period and inserting ; and (iii) by adding at the end the following new paragraph: (D) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ; and (C) in subsection (d), by adding at the end the following new paragraph: (F) Interaction with the workforce investment system (i) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), which may include— (I) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (II) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 (ii) Service defined In this paragraph, the term employment and training services (I) the skills assessment described in subsection (a)(1)(A); (II) the skills development plan described in subsection (a)(1)(B); and (III) the enhancement, development, and implementation of reentry and skills development programs. . (2) Duties of the Bureau of Prisons Section 4042(a) (A) by redesignating subparagraphs (D) and (E), as added by section 231(d)(1)(C) of the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 685), as paragraphs (6) and (7), respectively, and adjusting the margin accordingly; (B) in paragraph (6), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly; (C) in paragraph (7), as so redesignated— (i) in clause (ii), by striking Employment Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph (ii) by striking clause (iii); and (D) by redesignating clauses (i), (ii), (iv), (v), (vi), and (vii) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively, and adjusting the margin accordingly. (d) Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w (1) in subsection (b)— (A) in paragraph (1), by striking vocational career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), nonprofit organizations (3) in subsection (e)— (A) in paragraph (3), by striking victims services, and employment services and victim services (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. 29 U.S.C. 2841 ; and (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) under this section (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (B) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect to the program of such grantee funded with a grant under this section. . (e) Conforming amendments to title 38, United States Code Title 38, United States Code, is amended— (1) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (2) in the table of sections at the beginning of chapter 41, by striking the items relating to sections 4103A and 4104; (3) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); and (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f); and (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State (ii) by striking for purposes of subsection (c) (4) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (i) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (i) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); ; (5) in section 4109— (A) in subsection (a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (B) in subsection (d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (6) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). 403. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 170. Technical assistance. Sec. 172. Evaluations. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Sec. 197. Restrictions on lobbying and political activities. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. Repeal. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 507. Effective date. . V Amendments to the Rehabilitation Act of 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a)) is amended— (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period and inserting ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation Services Administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) (29 U.S.C. 702(a))— (A) by striking Office of the Secretary Department of Education (B) by striking President by and with the advice and consent of the Senate Secretary (C) by striking , and the Commissioner shall be the principal officer, (2) by striking Commissioner Director (3) in section 12(c) (29 U.S.C. 709(c)), by striking Commissioner’s Director’s (4) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner Director of the Rehabilitation Services Administration (ii) by striking (referred to in this subsection as the Director (iii) by striking The Commissioner and the Director Both such Directors (B) by striking the Commissioner and the Director both such Directors (5) in the heading for subparagraph (B) of section 100(d)(2) ( 29 U.S.C. 720(d)(2) commissioner director (6) in section 401(a)(1) ( 29 U.S.C. 781(a)(1) of the National Institute on Disability and Rehabilitation Research Director (7) in the heading for section 706 ( 29 U.S.C. 796d–1 commissioner director (8) in the heading for paragraph (3) of section 723(a) ( 29 U.S.C. 796f–2(a) commissioner director (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) paragraph (37)(C) (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities . 504. Carryover Section 19(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 716(a)(1)) is amended by striking part B of title VI, 505. Traditionally underserved populations Section 21 of the Rehabilitation Act of 1973 (29 U.S.C. 718) is amended, in paragraphs (1) and (2)(A) of subsection (b), and in subsection (c), by striking VI, 506. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) (1) in paragraph (10)— (A) in subparagraph (B), by striking on the eligible individuals of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)). (B) in subparagraph (E)(ii), by striking , to the extent the measures are applicable to individuals with disabilities (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as participation through video conferences and conference calls) (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and (II) in subclause (III), by adding and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ; (B) in subparagraph (B)(ii), by striking and under part B of title VI (C) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; and (iii) in clause (v), as redesignated by clause (i) of this subparagraph, by striking evaluation standards performance standards (4) in paragraph (22)— (A) in the paragraph heading, by striking state plan supplement (B) by striking carrying out part B of title VI, including (C) by striking that part to supplement funds made available under part B of (5) in paragraph (24)— (A) in the paragraph heading, by striking contracts grants (B) in subparagraph (A)— (i) in the subparagraph heading, by striking Contracts Grants (ii) by striking part A of title VI section 109A (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessments described in paragraph (15), and achieve the goals and priorities identified by the State in that paragraph, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 507. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment involved, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b), by inserting at the end the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. . 508. Standards and indicators (a) In general Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726 (1) in the section heading, by striking Evaluation standards Performance standards (2) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b) (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (3) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . (b) Conforming amendments Section 107 of the Rehabilitation Act of 1973 (29 U.S.C. 727) is amended— (1) in subsections (a)(1)(B) and (b)(2), by striking evaluation standards performance standards (2) in subsection (c)(1)(B), by striking an evaluation standard a performance standard 509. Expenditure of certain amounts Section 108(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 728(a) under part B of title VI, or 510. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 728a) the following: 109A. Collaboration with industry (a) Eligible entity defined For the purposes of this section, the term eligible entity (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (b) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to pay for the Federal share of the cost of carrying out collaborative programs, to create practical job and career readiness and training programs, and to provide job placements and career advancement. (c) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (d) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the collaborative program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (e) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (f) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. (g) Federal share The Federal share for a program under this section shall not exceed 80 percent of the costs of the program. . 511. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs or activities under sections 101(a)(26)(B) and 103(b)(6). . 512. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium under the Developmental Disabilities and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) to provide services in accordance with this section, as determined by the Secretary. The amount of such grants shall be the same as the amount provided to territories under this subsection. . 513. Research Section 204(a)(2)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended by striking VI, 514. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. (1) in section 301(a) ( 21 U.S.C. 771(a) (A) in paragraph (2), by inserting and (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302 (29 U.S.C. 772)— (A) in subsection (g)— (i) in the heading, by striking and In-Service Training (ii) by striking paragraph (3); and (B) in subsection (h), by striking section 306 section 304 (3) in section 303 ( 29 U.S.C. 773 (A) in subsection (b)(1), by striking section 306 section 304 (B) in subsection (c)— (i) in paragraph (4)— (I) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate activities and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act (20 U.S.C. 1471), the community parent resource centers established pursuant to section 672 of such Act ( 29 U.S.C. 1472 20 U.S.C. 1473 ; and (II) in subparagraph (C), by inserting , and demonstrate the capacity for serving, serve (ii) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305 ( 29 U.S.C. 774 (5) by redesignating section 306 ( 29 U.S.C. 776 515. Repeal of title VI Title VI of the Rehabilitation Act of 1973 ( 29 U.S.C. 795 et seq. 516. Title VII general provisions (a) Purpose Section 701(3) of the Rehabilitation Act of 1973 (29 U.S.C. 796(3)) is amended by striking State programs of supported employment services receiving assistance under part B of title VI, (b) Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 (29 U.S.C. 796d(b)(5)) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 517. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (1) in section 100 (29 U.S.C. 720)— (A) in subsection (b)(1), by striking such sums as may be necessary for fiscal years 1999 through 2003 $3,066,192,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (B) in subsection (d)(1)(B), by striking 2003 2021 (2) in section 110(c) (29 U.S.C. 730(c)), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2015 through 2020. ; (3) in section 112(h) (29 U.S.C. 732(h)), by striking such sums as may be necessary for fiscal years 1999 through 2003 $11,600,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) (a) There are authorized to be appropriated $103,125,000 for fiscal year 2015 and each of the 6 succeeding fiscal years to carry out this title. (5) in section 302(i) (29 U.S.C. 772(i)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $33,657,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (6) in section 303(e) (29 U.S.C. 773(e)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $5,046,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (7) in section 405 (29 U.S.C. 785), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $3,081,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (8) in section 502(j) (29 U.S.C. 792(j)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $7,013,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (9) in section 509(l) (29 U.S.C. 794e(l)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $17,088,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (10) in section 714 (29 U.S.C. 796e–3), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $22,137,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (11) in section 727 (29 U.S.C. 796f–6), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $75,772,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (12) in section 753 (29 U.S.C. 796l), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $32,239,000 for fiscal year 2015 and each of the 6 succeeding fiscal years 518. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; (5) by striking the items related to title VI; and (6) by striking the item related to section 706 and inserting the following: Sec. 706. Responsibilities of the Director. . VI Studies by the Comptroller General 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit 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 a report that— (1) evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on the day before the date of enactment of this Act), including— (A) a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph; (B) a review of State policies to determine how local areas are required to comply with such subparagraph; (C) a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and (D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) makes appropriate recommendations with respect to the matters evaluated under paragraph (1). 602. Study by the Comptroller General on administrative cost savings (a) Study Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit 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 a report that— (1) determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for— (A) each of the programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and (B) each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act; (2) determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and (3) estimates the administrative cost savings at the Federal and State levels for a fiscal year as a result of States consolidating amounts under section 501(e) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (b) Definition For purposes of this section, the term administrative costs

Supporting Knowledge and Investing in Lifelong Skills Act

Amends the Bank Holding Company Act of 1956 regarding prohibitions on proprietary trading and certain relationships with hedge and private equity funds (Volcker Rule). Prohibits the construction of these prohibitions to require either a banking entity with total consolidated assets of less than $50 billion or a mutual holding company to divest from a collateralized debt obligation issued before May 19, 2010, if: (1) the primary purpose for the obligation was as a vehicle for trust preferred securities, and (2) the investment in the obligation was made on or before December 10, 2013.

To clarify that certain banking entities are not required to divest from collateralized debt obligations backed by trust preferred securities under the Volcker Rule. 1. Volcker rule clarification relating to collateralized debt obligations backed by trust preferred securities Section 13(g) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851(g) (4) Trust preferred securities Nothing in this section shall require or be construed to require a banking entity having total consolidated assets of less than $50,000,000,000 or an organization that is a mutual holding company to divest from any collateralized debt obligation issued before May 19, 2010, if— (A) the primary purpose for any such obligation was as a vehicle for trust preferred securities; and (B) the investment in any such obligation was made on or before December 10, 2013. .

A bill to clarify that certain banking entities are not required to divest from collateralized debt obligations backed by trust preferred securities under the Volcker Rule.

Makes permanent the Payment in Lieu of Taxes (PILT) Program (under which counties or other eligible units of local government in which U.S.-owned entitlement land is located are entitled to certain payments under such program which may be used for any governmental purpose).

To make permanent the Payments in Lieu of Taxes program. 1. Payments in lieu of taxes Section 6906 of title 31, United States Code, is amended by striking of fiscal years 2008 through 2013 fiscal year

A bill to make permanent the Payments in Lieu of Taxes program.

Eliot Ness ATF Building Designation Act - Designates the federal building housing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Headquarters located at 99 New York Avenue, N.E., Washington, D.C., as the "Eliot Ness ATF Building."

To designate the Federal building housing the Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters located at 99 New York Avenue NE., Washington, DC, as the Eliot Ness ATF Building 1. Short title This Act may be cited as the Eliot Ness ATF Building Designation Act 2. Designation of Eliot Ness ATF Building (a) Designation The Federal building housing the Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters located at 99 New York Avenue NE. in Washington, DC, shall be known and designated as the Eliot Ness ATF Building (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Eliot Ness ATF Building

Eliot Ness ATF Building Designation Act

Removing Limitations on Insurance Effectiveness and Flexibility Act of 2013 or the ReLIEF Act - Allows catastrophic health plans described in the Patient Protection and Affordable Care Act to be considered as providing essential health benefits by removing certain enrollment eligibility restrictions (concerning age and certification of exemption from the Internal Revenue Code requirement to maintain minimum essential coverage). Deems coverage under such a plan to meet the Internal Revenue Code requirement that an individual maintain minimum essential coverage.

To permit health insurance issuers to offer additional plan options to individuals. 1. Short title This Act may be cited as the Removing Limitations on Insurance Effectiveness and Flexibility Act of 2013 ReLIEF Act 2. Authority to offer additional plan options (a) Catastrophic plans Notwithstanding title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 section 36B (b) Individual mandate Coverage under a catastrophic plan under subsection (a) shall be deemed to be minimum essential coverage for purposes of section 5000A

ReLIEF Act

Helping Expand Lending Practices in Rural Communities Act of 2014 or the HELP Rural Communities Act of 2014 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to direct the Consumer Financial Protection Bureau (CFPB) to establish an application process under which a person who lives or does business in a state may apply to have a county designated as a rural area for purposes of a federal consumer financial law. Prescribes criteria for the CFPB to consider when evaluating such an application. Requires the CFPB to enter each such application into a sortable, downloadable database publicly accessible through its website.

To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to provide for an application process for interested parties to apply for a county to be designated as a rural area, and for other purposes. 1. Short title This Act may be cited as the Helping Expand Lending Practices in Rural Communities Act of 2014 HELP Rural Communities Act of 2014 2. Designation of county as a rural area Section 1022 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5512 (e) Designation of county as a rural area (1) Application Not later than 90 days after the date of the enactment of this subsection, the Bureau shall establish an application process under which a person who lives or does business in a State may, with respect to a county in such State that has not been designated by the Bureau as a rural area for purposes of a Federal consumer financial law, apply for such county to be so designated. (2) Evaluation criteria When evaluating an application submitted under paragraph (1), the Bureau shall take into consideration the following factors: (A) Criteria used by the Director of the Bureau of the Census for classifying geographical areas as rural or urban. (B) Criteria used by the Director of the Office of Management and Budget to designate counties as metropolitan or micropolitan or neither. (C) Criteria used by the Secretary of Agriculture to determine property eligibility for rural development programs. (D) The Department of Agriculture rural-urban commuting area codes. (E) A written opinion provided by the State’s banking regulator. (F) Population density. (3) Public comment period (A) In general Not later than 60 days after receiving an application submitted under paragraph (1), the Bureau shall— (i) publish such application in the Federal Register; and (ii) make such application available for public comment for not fewer than 90 days. (B) Limitation on additional applications Nothing in this subsection shall be construed to require the Bureau, during the public comment period with respect to an application submitted under paragraph (1), to accept an additional application with respect to the county that is the subject of the initial application. (4) Information required to be published The Bureau shall enter each application submitted under paragraph (1) in a sortable, downloadable database that is publicly accessible through the Web site of the Bureau. (5) Decision on designation Not later than 90 days after the end of the public comment period under paragraph (3)(A) for an application, the Bureau shall— (A) grant or deny such application; and (B) publish such grant or denial in the Federal Register, along with an explanation of what factors the Bureau relied on in making such determination. (6) Subsequent applications A decision by the Bureau under paragraph (5) to deny an application for a county to be designated as a rural area shall not preclude the Bureau from accepting a subsequent application submitted under paragraph (1) for such county to be so designated, so long as such subsequent application is made after the end of the 90-day period beginning on the date that the Bureau denies the application under paragraph (5). .

HELP Rural Communities Act of 2014

Clarity for Military Retiree Health Care Act - Amends the Internal Revenue Code, with respect to the tax exclusion of benefits under cafeteria employee benefit plans, to allow a participant in a cafeteria plan which permits a revocation of an election during a period of coverage and a new election based upon a change in status event, to treat an event that causes an employee to become eligible for coverage under the TRICARE health care program for military personnel as a change in status event.

To amend the Internal Revenue Code of 1986 to provide a special change in status rule for employees who become eligible for TRICARE. 1. Short title This Act may be cited as the Clarity for Military Retiree Health Care Act 2. Special change in status rule for employees who become eligible for TRICARE (a) In general Subsection (g) of section 125 (5) Change in status relating to TRICARE eligibility For purposes of this section, if a cafeteria plan permits an employee to revoke an election during a period of coverage and to make a new election based on a change in status event, an event that causes the employee to become eligible for coverage under the TRICARE program shall be treated as a change in status event. . (b) Effective date The amendment made by this section shall apply to events occurring after the date of the enactment of this Act.

Clarity for Military Retiree Health Care Act

Repeals the Authorization for Use of Military Force Against Iraq Resolution of 2002. Declares that this Act shall not be construed as limiting or prohibiting the President's authority to: (1) provide security for U.S. facilities, military assets, or military or diplomatic personnel located in Iraq; or (2) gather, provide, and share intelligence with the government of Iraq if the President determines it to be in the national security interests of the United States.

To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. 1. Repeal of Authorization for Use of Military Force Against Iraq (a) Repeal The Authorization for Use of Military Force Against Iraq Resolution of 2002 ( Public Law 107–243 (b) Rule of construction Nothing in this section shall be construed as limiting or prohibiting any authority of the President to— (1) provide security for United States facilities, military assets, or military or diplomatic personnel located in Iraq; or (2) gather, provide, and share intelligence with the Government of Iraq if the President determines it to be in the national security interests of the United States.

A bill to repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.

Innovators Job Creation Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) allow an offset of such credit against liability for the alternative minimum tax (AMT); (3) make permanent the five-year carryback of research tax credit amounts of certain small businesses; and (4) allow a qualified small business, other than a tax-exempt organization, to use a portion, up to $250,000 in a taxable year, of its tax credit for increasing research expenditures as an offset against its employment tax liability.  Defines "qualified small business" as a corporation, partnership, or S corporation if the gross receipts of such entity for the taxable year are less than $5 million and such entity did not have gross receipts for any period preceding the 5-year period ending with such taxable year.

To amend the Internal Revenue Code of 1986 to extend and modify the research and development credit to encourage innovation. 1. Short title This Act may be cited as the Innovators Job Creation Act 2. Permanent extension (a) In general Section 41 (h) Termination of alternative incremental credit No election under subsection (c)(4) shall apply to taxable years beginning after December 31, 2008. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2013. 3. Credit allowed against alternative minimum tax Subparagraph (B) of section 38(c)(4) (1) by redesignating clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), and (ix) as clauses (iii), (iv), (v), (vi), (vii), (viii), (ix), and (x), respectively, and (2) by inserting after clause (i) the following new clause: (ii) the credit determined under section 41 to the extent attributable to amounts paid or incurred after December 31, 2013, . 4. Permanent 5-year carryback for research credits of small businesses (a) In general Paragraph (4) of section 39(a) (4) 5-year carryback for research credits of small businesses Notwithstanding subsection (d), in the case of credits determined under section 41 with respect to an eligible small business (as defined in section 38(c)(5)(C)) in taxable years beginning after December 31, 2013— (A) paragraph (1) shall be applied by substituting each of the 5 taxable years the taxable year (B) paragraph (2) shall be applied— (i) by substituting 25 taxable years 21 taxable years (ii) by substituting 24 taxable years 20 taxable years . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 5. Election permitted on amended return (a) In general Paragraph (5) of section 41(c) (D) Special rule regarding timing of election An election under this paragraph may be made by means of an amendment to the return of tax for the taxable year for which made. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 6. Treatment of research credit for certain startup companies (a) In general (1) In general Section 41 (i) Treatment of credit to qualified small businesses (1) In general At the election of a qualified small business, the payroll tax credit portion of the credit determined under subsection (a) shall be treated as a credit allowed under section 3111(f) (and not under this section). (2) Payroll tax credit portion For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) for any taxable year is so much of such credit as does not exceed $250,000. (3) Qualified small business For purposes of this subsection— (A) In general The term qualified small business (i) a corporation, partnership, or S corporation if— (I) the gross receipts (as determined under subsection (c)(7)) of such entity for the taxable year is less than $5,000,000, and (II) such entity did not have gross receipts (as so determined) for any period preceding the 5-taxable-year period ending with such taxable year, and (ii) any person not described in subparagraph (A) if clauses (i) and (ii) of subparagraph (A) applied to such person, determined— (I) by substituting person entity (II) in the case of an individual, by only taking into account the aggregate gross receipts received by such individual in carrying on trades or businesses of such individual. (B) Limitation Such term shall not include an organization which is exempt from taxation under section 501. (4) Election (A) In general In the case of a partnership or S corporation, an election under this subsection shall be made at the entity level. (B) Revocation An election under this subsection may not be revoked without the consent of the Secretary. (C) Limitation A taxpayer may not make an election under this subsection if such taxpayer has made an election under this subsection for 5 or more preceding taxable years. (5) Aggregation rules For purposes of determining the $250,000 limitation under paragraph (2) and determining gross receipts under paragraph (3), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. (6) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including— (A) regulations to prevent the avoidance of the purposes of paragraph (3) through the use of successor companies or other means, (B) regulations to minimize compliance and record-keeping burdens under this subsection for start-up companies, and (C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended returns in the cases where there is such an adjustment. . (2) Conforming amendment Section 280C(c) (5) Treatment of qualified small business credit For purposes of determining the amount of any credit under section 41(a) under this subsection, any election under section 41(i) shall be disregarded. . (b) Credit allowed against FICA taxes (1) In general Section 3111 (f) Credit for research expenditures of qualified small businesses (1) In general In the case of a qualified small business which has made an election under section 41(i), there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to the employment of all employees of the qualified small business for days in an applicable calendar quarter an amount equal to the payroll tax credit portion of the research credit determined under section 41(a). (2) Carryover of unused credit In any case in which the payroll tax credit portion of the research credit determined under section 41(a) exceeds the tax imposed under subsection (a) for an applicable calendar quarter— (A) the succeeding calendar quarter shall be treated as an applicable calendar quarter, and (B) the amount of credit allowed under paragraph (1) shall be reduced by the amount of credit allowed under such paragraph for all preceding applicable calendar quarters. (3) Allocation of credit for controlled groups, etc In determining the amount of the credit under this subsection— (A) all persons treated as a single taxpayer under section 41 shall be treated as a single taxpayer under this section, and (B) the credit (if any) allowable by this section to each such member shall be its proportionate share of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit allowable under section 41. (4) Definitions For purposes of this subsection— (A) Applicable calendar quarter The term applicable calendar quarter (i) the first calendar quarter following the date on which the qualified small business files a return under section 6012 for the taxable year for which the payroll tax credit portion of the research credit under section 41(a) is determined, and (ii) any succeeding calendar quarter treated as an applicable calendar quarter under paragraph (2)(A). For purposes of determining the date on which a return is filed, rules similar to the rules of section 6513 shall apply. (B) Other terms Any term used in this subsection which is also used in section 41 shall have the meaning given such term under section 41. . (2) Transfers to federal old-age and survivors insurance trust fund There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Innovators Job Creation Act

Taxpayer Transparency Act of 2013 - Requires each communication funded by a federal agency for advertising or educational purposes to clearly state: (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, or the Internet, that the communication is produced and disseminated at taxpayer expense. Requires any such printed communication, including e-mails, to be of sufficient size to be clearly readable, to be set apart from the other contents of the communication, and to be printed with a reasonable degree of color contrast between the background and the printed statement. Exempts from such requirements: (1) information in or relating to a solicitation for offers for a federal contract or applications or submissions of a bid or proposal for a federal grant or other means of funding under a federal program; and (2) advertisements for employment opportunities, not including advertising materials developed for use in recruiting and retaining personnel for the Armed Forces.

To require a Federal agency to include language in certain educational and advertising materials indicating that such materials are produced and disseminated at taxpayer expense. 1. Short title This Act may be cited as the Taxpayer Transparency Act of 2013 2. Requirements for Printed Materials and Advertisements by Federal Agencies (a) Identification of funding sources Each communication funded by a Federal agency for advertising or educational purposes shall clearly state— (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, the Internet, or any means other than the means referred to in paragraph (1), that the communication is produced and disseminated at taxpayer expense. (b) Additional requirements (1) Printed communication Any printed communication described under subsection (a)(1) shall— (A) be of sufficient type size to be clearly readable by the recipient of the communication; (B) be contained in a printed box set apart from the other contents of the communication; and (C) be printed with a reasonable degree of color contrast between the background and the printed statement. (2) Radio, television, and Internet communication (A) Audio communication Any audio communication described under subsection (a)(2) shall include an audio statement in a clearly spoken manner indicating that the communication is produced and disseminated at taxpayer expense. (B) Video communication Any video communication described under subsection (a)(2) shall include a statement indicating that the communication is produced and disseminated at taxpayer expense. Such statement— (i) shall be conveyed in a clearly spoken manner; (ii) shall be conveyed by a voice-over or screen view of the person making the statement; and (iii) shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of not less than 4 seconds. (C) E-mail communication Any e-mail communication described under subsection (a)(2) shall— (i) be of sufficient type size to be clearly readable by the recipient of the communication; (ii) be set apart from the other contents of the communication; and (iii) be displayed with a reasonable degree of color contrast between the background and the printed statement. (c) Exceptions Subsections (a) and (b) do not apply to— (1) information in or relating to a solicitation for— (A) offers for a Federal contract; or (B) applications or submissions of a bid or proposal for a Federal grant or other means of funding under a Federal program; and (2) advertisements for employment opportunities, not including advertising materials developed for use for recruitment and retention of personnel for the Armed Forces. (d) Definitions In this Act: (1) Federal agency The term Federal agency Executive agency section 133 (2) Mass mailing The term mass mailing (A) means any mailing or distribution of 499 or more newsletters, pamphlets, or other printed matter with substantially identical content, whether such matter is deposited singly or in bulk, or at the same time or different times; and (B) does not include any mailing— (i) in direct response to a communication from a person to whom the matter is mailed; or (ii) of a news release to the communications media. (e) Source of Funds The funds used by a Federal agency to carry out this Act shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency.

Taxpayer Transparency Act of 2013

Food Stamp Fraud Prevention and Accountability Act - Amends the Food and Nutrition Act of 2008 to disqualify from the supplemental nutrition assistance program (formerly known as the food stamp program) any person who has been found by a state or federal court or administrative agency hearing to have intentionally used an electronic benefit transfer (EBT) card that was issued to a household of which the person is not a member. Requires a state agency, if it elects not to require an EBT card to contain a photograph of one or more household members, to list on the EBT card the name of each household member who may use the card. Requires a member of a household with such an EBT card to show photographic identification at the point of sale when using the card.

To amend the Food and Nutrition Act of 2008 to prevent the illegal trafficking of supplemental nutrition assistance program benefits by requiring all program beneficiaries to show valid photo identification when purchasing items with program benefits. 1. Short title This Act may be cited as the Food Stamp Fraud Prevention and Accountability Act 2. Photo identification requirement (a) Disqualification for using another EBT card Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (r) Disqualification for using another EBT card Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally used an EBT card that was issued to a household of which the person is not a member shall be ineligible for benefits under this Act. . (b) Optional photographic identification Section 7(h)(9) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(9) (C) Listed beneficiaries (i) In general If a State agency elects not to require that an EBT card contain a photograph described in subparagraph (A), the State agency shall list on the EBT card the name of each member of the household who may use the card. (ii) Photographic identification required A member of a household with an EBT card issued by a State agency described in clause (i) shall be required to show photographic identification at the point of sale when using the EBT card. .

Food Stamp Fraud Prevention and Accountability Act

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 - Amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition (M&A) brokers and associated persons. Denies such registration exemption, however, to brokers who: (1) receive, hold, transmit, or have custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; or (2) engage on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Prohibits the construction of this Act to limit any other authority of the Securities and Exchange Commission (SEC) to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation.

To amend the Securities Exchange Act of 1934 to exempt from registration brokers performing services in connection with the transfer of ownership of smaller privately held companies. 1. Short title This Act may be cited as the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 2. Registration exemption for merger and acquisition brokers Section 15(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(b) (13) Registration exemption for merger and acquisition brokers (A) In general Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. (B) Excluded activities An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: (i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. (ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). (C) Rule of construction Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. (D) Definitions In this paragraph: (i) Control The term control (I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); (II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or (III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. (ii) Eligible privately held company The term eligible privately held company (I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). (II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): (aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. (bb) The gross revenues of the company are less than $250,000,000. (iii) M&A broker The term M&A broker (I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and (II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner’s equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. (E) Inflation adjustment (i) In general On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 (I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and (II) multiplying such dollar amount by the quotient obtained under subclause (I). (ii) Rounding Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000. . 3. Effective date This Act and any amendment made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014

Directs the Secretary of State, in coordination with the Secretary of Defense (DOD) and the Director of National Intelligence, to report to Congress regarding information and intelligence sharing with North Atlantic Treaty Organization (NATO) and NATO countries on compliance issues related to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles (INF Treaty).

To require a report on INF Treaty compliance information sharing. 1. Report on INF Treaty compliance information sharing (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on information and intelligence sharing with North Atlantic Treaty Organization (NATO) and NATO countries on compliance issues related to the INF Treaty. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of all compliance and consistency issues associated with the INF Treaty, including a listing and assessment of all Ground Launched Russian Federation Systems being designed, tested, or deployed with ranges between 500 kilometers and 5,500 kilometers. (2) An assessment of INF Treaty compliance and consistency information sharing among NATO countries, including— (A) sharing among specific NATO countries and the NATO Secretariat; (B) the date specific information was shared; and (C) the manner in which such information was transmitted. (3) If any information on INF Treaty compliance or consistency was withheld from a specific NATO country or the NATO Secretariat, a justification for why such information was withheld. (c) Updates Not later than 180 days and one year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence, shall provide to the appropriate congressional committees updates to the report submitted under subsection (a). (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (2) INF Treaty The term INF Treaty

A bill to require a report on INF Treaty compliance information sharing.

Driver Privacy Act - Declares that any data retained by a motor vehicle's event data recorder (as defined in Department of Transportation [DOT] regulations) is the property of the owner or lessee of the motor vehicle in which the recorder is installed, regardless of when the vehicle was manufactured. Prohibits a person, other than the owner or lessee of the motor vehicle, from accessing data recorded or transmitted by such a recorder unless: (1) a court or other judicial or administrative authority authorizes the retrieval of such data subject to admissibility of evidence standards; (2) an owner or lessee provides written or electronic consent to such retrieval for any purpose, including vehicle diagnosis, service, or repair; (3) the data is retrieved pursuant to certain authorized investigations or inspections of the National Transportation Safety Board (NTSB) or DOT; (4) the data is retrieved to determine the appropriate emergency medical response to a motor vehicle crash; or (5) the data is retrieved for traffic safety research. Prohibits, when data is retrieved in connection with traffic safety research or an NTSB or DOT investigation or inspection, the disclosure of: (1) personally identifiable information of the vehicle owner or lessee, and (2) the vehicle identification number (VIN). Provides an exemption from such prohibition to allow disclosure of VINs to certifying manufacturers. Directs the National Highway Traffic Safety Administration (NHTSA), after completing a study and submitting a report to Congress, to promulgate regulations concerning the amount of time event data recorders installed in passenger motor vehicles should capture and record vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of crashes.

To limit the retrieval of data from vehicle event data recorders. 1. Short title This Act may be cited as the Driver Privacy Act 2. Limitations on data retrieval from vehicle event data recorders (a) Ownership of data Any data in an event data recorder required under part 563 of title 49, Code of Federal Regulations, regardless of when the passenger motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the passenger motor vehicle in which the event data recorder is installed. (b) Privacy Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than the owner or lessee of the motor vehicle in which the event data recorder is installed unless— (1) a court or other judicial or administrative authority having jurisdiction— (A) authorizes the retrieval of the data; and (B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority; (2) all of the owners or lessees of the motor vehicle provide informed written consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle; (3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of the owner or lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data; (4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or (5) the data is retrieved for traffic safety research, and the personally identifiable information of the owner or lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data. (c) Limitation on data retrieval Data from an event data recorder may only be accessed pursuant to subsection (b) to the extent that such data was recorded in conjunction with an event (as defined in section 563.5 3. Vehicle event data recorder study (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit a report to Congress that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes. (b) Rulemaking Not later than 1 year after submitting the report required under subsection (a), the Administrator shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles. 1. Short title This Act may be cited as the Driver Privacy Act 2. Limitations on data retrieval from vehicle event data recorders (a) Ownership of data Any data retained by an event data recorder (as defined in section 563.5 (b) Privacy Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless— (1) a court or other judicial or administrative authority having jurisdiction— (A) authorizes the retrieval of the data; and (B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority; (2) an owner or a lessee of the motor vehicle provides written or electronic consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle; (3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data, except that the vehicle identification number may be disclosed to the certifying manufacturer; (4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or (5) the data is retrieved for traffic safety research, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data. 3. Vehicle event data recorder study (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit a report to Congress that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes. (b) Rulemaking Not later than 2 years after submitting the report required under subsection (a), the Administrator shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles. September 15, 2014 Reported with an amendment

Driver Privacy Act

Title I: Homeowner Flood Insurance Affordability Act - Homeowner Flood Insurance Affordability Act of 2014 - (Sec. 103) Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from implementing during a specified six-month period a requirement of the National Flood Insurance Act of 1968 (NFIA) that would: (1) increase flood insurance risk premium rates to reflect the current risk of flood for property located in specified areas subject to a certain mandatory premium adjustment, or (2) a prohibition against extending subsidies for property not insured by the flood insurance program as of July 6, 2012 (the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012), or any policy that has lapsed because the property was no longer being required to retain coverage (Pre-Flood Insurance Rate Map or pre-FIRM properties). (A pre-FIRM property contains a structure neither constructed nor substantially improved after the later of December 31, 1974, or the effective date of the initial flood insurance rate map published by the FEMA Administrator under NFIA for the pertinent area.) Declares that such prohibitions shall expire six months after the later of: (1) the date on which the Administrator proposes a certain draft flood insurance affordability framework; or (2) the date on which the Administrator certifies to Congress that FEMA has implemented a flood mapping approach that, when applied, results in technically credible flood hazard data in all areas where Flood Insurance Rate Maps are prepared or updated. Amends NFIA to prohibit the Administrator from providing flood insurance to prospective insureds at rates less than those estimated for any property purchased after the expiration of such six-month period (currently, any property purchased after July 6, 2012). Prohibits FEMA from reducing the risk premium rate subsidy for flood insurance for property purchased on or before the expiration of the six-month period set forth in this Act based on the fact that: (1) the property was not insured by the flood insurance program as of July 6, 2012; or (2) on or before the expiration of that six-month period the policy for the property had lapsed in coverage as a result of the deliberate choice of the policy holder because the property was no longer required to retain coverage. Directs FEMA to: (1) restore during that six-month period specified estimated risk premium rate subsidies for flood insurance for properties denied an extension of subsidy, and (2) submit to certain congressional committees a draft affordability framework addressing the affordability of flood insurance sold under the National Flood Insurance Program. Permits FEMA to enter into an agreement with another federal agency either to complete the affordability study or prepare the draft affordability framework. Directs FEMA to make publicly available, no later than six months before implementation of specified rate changes in flood insurance risk premiums resulting from both the Biggert-Waters Flood Insurance Reform Act of 2012, and from this Act, the rate tables and underwriting guidelines that provide the basis for such changes. Directs FEMA, within 90 days after enactment of this Act, to report to Congress on the feasibility of: (1) releasing property-level policy and claims data for NFIP flood insurance coverage, and (2) establishing guidelines for releasing such data in accordance with the Privacy Act of 1974. (Sec. 104) Directs FEMA submit to certain congressional committees: (1) the draft affordability study; and (2) the report on an economic analysis of the costs and benefits to the federal government of a flood insurance program with full risk-based premiums, combined with means-tested federal assistance to aid individuals who cannot afford coverage, through an insurance voucher program. (Sec. 105) Amends the Biggert-Waters Flood Insurance Reform Act of 2012 to repeal the ceiling on the funding for the draft affordability study and report, making available such amounts as may be necessary. (Sec. 106) Amends the NFIA to: (1) authorize FEMA to reimburse homeowners for successful map appeals resolved by submission of conflicting data to the Scientific Resolution Panel, and (2) repeal the ceiling on the amount of funds FEMA may use to make such reimbursements to a community for successful appeals. (Sec. 107) Makes any community that has made adequate progress on the construction (as under current law) or reconstruction (new) of a flood protection system which will afford flood protection for the one-hundred year frequency flood eligible for flood insurance at premium rates not exceeding those which would apply if such flood protection system had been completed. Revises guidelines governing availability of flood insurance in communities restoring disaccredited flood protection systems to include riverine and coastal levees. (Sec. 108) Requires FEMA to: (1) rate a covered structure using the elevation difference between the floodproofed elevation of the covered structure and its adjusted base flood elevation; and (2) designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. (Sec. 110) Amends the Flood Disaster Protection Act of 1973, as amended by the Biggert-Waters Flood Insurance Reform Act of 2012, with respect to the limitation on the requirement that a federal entity for lending regulation require all NFIA payments be made periodically to a regulated lending institution or mortgage loan servicer, which shall deposit them into an escrow account. Applies the payment and escrow requirements, and the limitation on them, to any loan originated, refinanced, increased, extended, or renewed on or after January 1, 2016. Revises the limitation prohibiting a federal entity for lending regulation, in certain circumstances, from requiring a regulated lending institution to deposit NFIA payments in an escrow account. Extends the reach of that prohibition to loans that are: (1) junior or subordinate to a senior lien secured by the same residential improved real estate or mobile home for which flood insurance is being provided at the time of the loan's origination; (2) secured by residential improved real estate or a mobile home that is part of a condominium, cooperative, or other project development in certain circumstances; (3) secured by residential improved real estate or a mobile home used as collateral for a business purpose; (4) home equity lines of credit; (5) nonperforming loans; or (6) loans with terms not longer than 12 months. Directs such a federal entity for lending regulation to require a regulated lending institution or servicer of an outstanding mortgage loan to give a borrower the option of having flood insurance NFIA premiums and fees payments made periodically to a regulated lending institution or mortgage loan servicer, which may also deposit them in an escrow account. (Sec. 111) Amends the NFIA to require FEMA to give policyholders not required to escrow their flood insurance premiums and fees the option of paying premiums in installments that are monthly or otherwise more frequent than annually. (Sec. 112) Requires flood insurance premium rates to be based in part on consideration of the flood mitigation activities that an owner or lessee has undertaken on a property, including differences in the risk involved due to land use measures, floodproofing, flood forecasting, and similar measures. (Sec. 113) Prohibits FEMA from estimating flood insurance premium rates for property which as of July 6, 2012, has experienced or sustained substantial improvement exceeding 50% (currently only 30%) of its fair market value. (Sec. 114) Requires FEMA to assess options, methods, and strategies for making available through the NFIP voluntary community-based flood insurance policies. Directs the Comptroller General (GAO) to analyze the report on the assessment. (Sec. 115) Exempts from a review or processing fee any requester for a flood insurance rate map change based on a habitat restoration project funded in whole or in part with federal or state funds, including dam removal, culvert redesign or installation, or the installation of fish passage. (Sec. 116) Requires FEMA to: (1) issue guidelines for property owners that provide alternative methods of mitigation (other than building elevation) to reduce flood risk to urban residential buildings that cannot be elevated due to their structural characteristics; and (2) inform property owners about how the implementation of such methods may affect risk premium rates for flood insurance coverage. Requires the Administrator, in calculating the risk premium rate, to take into account the implementation of any mitigation method identified in the guidelines. Title II: National Association of Registered Agents and Brokers - National Association of Registered Agents and Brokers Reform Act of 2014 - (Sec. 202) Amends the Gramm-Leach-Bliley Act to repeal the contingent conditions under which the National Association of Registered Agents and Brokers (NARAB) shall not be established. Establishes the NARAB without contingent conditions as an independent nonprofit corporation to prescribe, on a multi-state basis, licensing and insurance producer qualification requirements and conditions. Prohibits NARAB from merging with or into any other private or public entity. Requires the NARAB, without affecting state regulatory authority, to provide a mechanism for the adoption and multi-state application of requirements and conditions pertaining to: (1) licensing, continuing education, and other qualifications of non-NARAB insurance producers; (2) resident or nonresident insurance producer appointments; (3) supervision and disciplining of such producers; and (4) the setting of licensing fees for insurance producers. Makes any state-licensed insurance producer eligible to join the NARAB, except during a period of license suspension or revocation. Requires an individual insurance producer to undergo a criminal history record check by the Federal Bureau of Investigation (FBI). Requires the NARAB to submit to the FBI identification information obtained from the insurance producer, upon producer request, as well as a request of its own for the criminal history record check. Authorizes the NARAB to: (1) establish membership criteria; and (2) deny membership to an individual state-licensed insurance producer on the basis of the criminal history information obtained, or where the producer has been subject to certain disciplinary action. Prescribes procedures governing a criminal history record check, including the rights of applicants denied membership. Authorizes NARAB to establish membership criteria, including separate classes of membership and membership criteria for business entities; but prohibits it from establishing criteria that unfairly limit the ability of a small insurance producer to become a member of NARAB, including discriminatory membership fees. Authorizes NARAB to establish separate categories of membership for insurance producers and for other persons or entities within each class, based on the types of licensing categories that exist under state laws. Prohibits NARAB from establishing special categories of membership, including distinct membership criteria for members that are depository institutions or for their employees, agents, or affiliates. Prohibits NARAB from adopting any qualification less protective to the public than that contained in the National Association of Insurance Commissioners (NAIC) Producer Licensing Model Act. Prescribes procedures for authorized information sharing pursuant to a request by a licensed insurance producer. Authorizes the NARAB to deny membership to any state-licensed insurance producer for failure to meet membership criteria. States that NARAB membership authorizes an insurance producer to engage in the business of insurance in any state for any lines of insurance specified in the producer's home state license, including claims adjustments and settlement, risk management, and specified insurance-related consulting activities. Makes NARAB membership equivalent to a nonresident insurance producer license for specified purposes. Empowers NARAB to act as agent for any member for the purpose of remitting licensing fees to a state. Requires NARAB to disclose to states, including state insurance regulators and the NAIC, on an ongoing basis, a list of the states in which each member is authorized to operate. Retains state regulatory jurisdiction regarding: (1) consumer protection and market conduct, and (2) state disciplinary authority. Requires NARAB to establish, as a condition of membership, continuing education requirements comparable to the continuing education requirements under the licensing laws of a majority of the states. Prohibits NARAB from offering continuing education courses for insurance producers. Grants NARAB disciplinary enforcement powers. Requires NARAB to: (1) receive and investigate consumer complaints, and to maintain a toll-free telephone number; and (2) refer any such complaint to the state insurance regulator. Prescribes information- sharing procedures and limitations with the NAIC or governmental entities. Authorizes NARAB to establish: (1) a central clearinghouse, or utilize NAIC as a central clearinghouse through which NARAB members may disclose their intent to operate in one or more states; and (2) a national database for the collection of regulatory information concerning the activities of insurance producers. Establishes the NARAB board of directors, whose membership shall include state insurance commissioners. Sets forth terms and procedures for appointment of members by the President. Authorizes reappointment to successive terms. Prohibits compensation on account of Board membership. Declares that NARAB shall not be deemed to be an insurer or insurance producer within the meaning of any state law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance. Sets forth procedures for presidential oversight of NARAB, including removal of the entire existing Board. Sets forth a limited preemption of state laws purporting to regulate insurance producers. Directs NARAB to coordinate with the Financial Industry Regulatory Authority (FINRA) in order to ease administrative burdens that fall on NARAB members subject to regulation by FINRA. Authorizes any person aggrieved by a NARAB decision or action to commence a civil action in an appropriate federal district court. Prohibits federal funding of NARAB.

To delay the implementation of certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 and to reform the National Association of Registered Agents and Brokers, and for other purposes. 1. Table of contents The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I—Homeowner Flood Insurance Affordability Act Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Delayed implementation of flood insurance rate increases; draft affordability framework. Sec. 104. Affordability study and report. Sec. 105. Affordability study funding. Sec. 106. Funds to reimburse homeowners for successful map appeals. Sec. 107. Flood protection systems. Sec. 108. Treatment of floodproofed residential basements. Sec. 109. Designation of flood insurance advocate. TITLE II—National Association of Registered Agents and Brokers Sec. 201. Short Title. Sec. 202. Reestablishment of the National Association of Registered Agents and Brokers. I Homeowner Flood Insurance Affordability Act 101. Short title This title may be cited as the Homeowner Flood Insurance Affordability Act of 2014 102. Definitions As used in this title, the following definitions shall apply: (1) Adjusted base flood elevation For purposes of rating a floodproofed covered structure, the term adjusted base flood elevation (2) Administrator The term Administrator (3) Affordability study The term affordability study Public Law 112–141 (4) Applicable flood plain management measures The term applicable flood plain management measures section 60.3(c) (5) Covered structure The term covered structure (A) that is located in a community that has adopted flood plain management measures that are approved by the Federal Emergency Management Agency and that satisfy the requirements for an exception for floodproofed residential basements under section 60.6(c) (B) that was built in compliance with the applicable flood plain management measures. (6) Draft affordability framework The term draft affordability framework (7) Floodproofed elevation The term floodproofed elevation (8) National Flood Insurance Program The term National Flood Insurance Program 42 U.S.C. 4001 et seq. 103. Delayed implementation of flood insurance rate increases; draft affordability framework (a) Delayed implementation of flood insurance rate increases (1) Grandfathered properties Beginning on the date of enactment of this Act, the Administrator may not implement section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) (2) Pre-firm properties Beginning on the date of enactment of this Act, the Administrator may not implement— (A) section 1307(g)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(1) (B) section 1307(g)(3) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(3) (3) Expiration The prohibitions set forth under paragraphs (1) and (2) shall expire 6 months after the later of— (A) the date on which the Administrator proposes the draft affordability framework; or (B) the date on which the Administrator certifies in writing to Congress that the Federal Emergency Management Agency has implemented a flood mapping approach that, when applied, results in technically credible flood hazard data in all areas where Flood Insurance Rate Maps are prepared or updated. (b) Property sale trigger (1) In general Section 1307(g)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(2) (2) any property purchased after the expiration of the 6-month period set forth under section 103(a)(3) of the Homeowner Flood Insurance Affordability Act of 2014 . (2) Protection of subsidy for properties purchased on or before expiration date Notwithstanding paragraph (1) or (3) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(1) (A) the property was not insured by the flood insurance program as of the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 (B) on or before the expiration of that 6-month period, the policy for the property had lapsed in coverage as a result of the deliberate choice of the policy holder, provided that the decision of the policy holder to permit a lapse in coverage was as a result of the property no longer being required to retain such coverage. (c) Treatment of pre-FIRM properties Beginning on the date of enactment of this Act and ending upon the expiration of the 6-month period set forth under subsection (a)(3), the Administrator shall restore the risk premium rate subsidies for flood insurance estimated under section 1307(a)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(2) (1) with respect to which the Administrator may not, under subsection (a)(2)(A) of this section, implement section 1307(g)(1) of the National Flood Insurance Act of 1968; (2) with respect to which the Administrator may not, under subsection (a)(2)(B) of this section, implement section 1307(g)(3) of the National Flood Insurance Act of 1968; or (3) described in section 1307(g)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(2) (d) Draft affordability framework (1) In general The Administrator shall prepare a draft affordability framework that proposes to address, via programmatic and regulatory changes, the issues of affordability of flood insurance sold under the National Flood Insurance Program, including issues identified in the affordability study. (2) Criteria In carrying out the requirements under paragraph (1), the Administrator shall consider the following criteria: (A) Accurate communication to consumers of the flood risk associated with their property. (B) Targeted assistance to flood insurance policy holders based on their financial ability to continue to participate in the National Flood Insurance Program. (C) Individual or community actions to mitigate the risk of flood or lower the cost of flood insurance. (D) The impact of increases in risk premium rates on participation in the National Flood Insurance Program. (E) The impact flood insurance rate map updates have on the affordability of flood insurance. (3) Deadline for submission Not later than 18 months after the date on which the Administrator submits the affordability study, the Administrator shall submit to the full Committee on Banking, Housing, and Urban Affairs and the full Committee on Appropriations of the Senate and the full Committee on Financial Services and the full Committee on Appropriations of the House of Representatives the draft affordability framework. (e) Interagency agreements The Administrator may enter into an agreement with another Federal agency to— (1) complete the affordability study; or (2) prepare the draft affordability framework. (f) Clear communications The Administrator shall clearly communicate full flood risk determinations to individual property owners regardless of whether their premium rates are full actuarial rates. (g) Rule of construction Nothing in this section shall be construed to provide the Administrator with the authority to provide assistance to homeowners based on affordability that was not available prior to the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 104. Affordability study and report Notwithstanding the deadline under section 100236(c) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 105. Affordability study funding Section 100236(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 not more than $750,000 such amounts as may be necessary 106. Funds to reimburse homeowners for successful map appeals (a) In general Section 1363(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104(f) The Administrator may use such amounts from the National Flood Insurance Fund established under section 1310 as may be necessary to carry out this subsection. (b) Conforming amendment Section 1310(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(a) (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by adding at the end the following: (8) for carrying out section 1363(f). . 107. Flood protection systems (a) Adequate progress on construction of flood protection systems Section 1307(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(e) (1) in the first sentence, by inserting or reconstruction construction (2) by striking the second sentence and inserting the following: The Administrator shall find that adequate progress on the construction or reconstruction of a flood protection system, based on the present value of the completed flood protection system, has been made only if (1) 100 percent of the cost of the system has been authorized, (2) at least 60 percent of the cost of the system has been appropriated, (3) at least 50 percent of the cost of the system has been expended, and (4) the system is at least 50 percent completed. (3) by adding at the end the following: Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall consider all sources of funding, including Federal, State, and local funds. (b) Communities restoring disaccredited flood protection systems Section 1307(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(f) Notwithstanding any other provision of law, this subsection shall apply to riverine and coastal levees that are located in a community which has been determined by the Administrator of the Federal Emergency Management Agency to be in the process of restoring flood protection afforded by a flood protection system that had been previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. 108. Treatment of floodproofed residential basements In implementing section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) 109. Designation of flood insurance advocate (a) In general The Administrator shall designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. (b) Duties and responsibilities The duties and responsibilities of the Flood Insurance Advocate designated under subsection (a) shall be to— (1) educate property owners and policyholders under the National Flood Insurance Program on— (A) individual flood risks; (B) flood mitigation; (C) measures to reduce flood insurance rates through effective mitigation; and (D) the flood insurance rate map review and amendment process; (2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements related to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks; (3) assist in the development of regional capacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions; (4) coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions; and (5) aid potential policy holders under the National Flood Insurance Program in obtaining and verifying accurate and reliable flood insurance rate information when purchasing or renewing a flood insurance policy. (c) Authorization of appropriations There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the duties and responsibilities of the Flood Insurance Advocate. II National Association of Registered Agents and Brokers 201. Short Title This title may be cited as the National Association of Registered Agents and Brokers Reform Act of 2014 202. Reestablishment of the National Association of Registered Agents and Brokers (a) In general Subtitle C of title III of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6751 et seq. C National Association of Registered Agents and Brokers 321. National Association of Registered Agents and Brokers (a) Establishment There is established the National Association of Registered Agents and Brokers (referred to in this subtitle as the Association). (b) Status The Association shall— (1) be a nonprofit corporation; (2) not be an agent or instrumentality of the Federal Government; (3) be an independent organization that may not be merged with or into any other private or public entity; and (4) except as otherwise provided in this subtitle, be subject to, and have all the powers conferred upon, a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–301.01 et seq.) or any successor thereto. 322. Purpose The purpose of the Association shall be to provide a mechanism through which licensing, continuing education, and other nonresident insurance producer qualification requirements and conditions may be adopted and applied on a multi-state basis without affecting the laws, rules, and regulations, and preserving the rights of a State, pertaining to— (1) licensing, continuing education, and other qualification requirements of insurance producers that are not members of the Association; (2) resident or nonresident insurance producer appointment requirements; (3) supervising and disciplining resident and nonresident insurance producers; (4) establishing licensing fees for resident and nonresident insurance producers so that there is no loss of insurance producer licensing revenue to the State; and (5) prescribing and enforcing laws and regulations regulating the conduct of resident and nonresident insurance producers. 323. Membership (a) Eligibility (1) In general Any insurance producer licensed in its home State shall, subject to paragraphs (2) and (4), be eligible to become a member of the Association. (2) Ineligibility for suspension or revocation of license Subject to paragraph (3), an insurance producer is not eligible to become a member of the Association if a State insurance regulator has suspended or revoked the insurance license of the insurance producer in that State. (3) Resumption of eligibility Paragraph (2) shall cease to apply to any insurance producer if— (A) the State insurance regulator reissues or renews the license of the insurance producer in the State in which the license was suspended or revoked, or otherwise terminates or vacates the suspension or revocation; or (B) the suspension or revocation expires or is subsequently overturned by a court of competent jurisdiction. (4) Criminal history record check required (A) In general An insurance producer who is an individual shall not be eligible to become a member of the Association unless the insurance producer has undergone a criminal history record check that complies with regulations prescribed by the Attorney General of the United States under subparagraph (K). (B) Criminal history record check requested by home State An insurance producer who is licensed in a State and who has undergone a criminal history record check during the 2-year period preceding the date of submission of an application to become a member of the Association, in compliance with a requirement to undergo such criminal history record check as a condition for such licensure in the State, shall be deemed to have undergone a criminal history record check for purposes of subparagraph (A). (C) Criminal history record check requested by Association (i) In general The Association shall, upon request by an insurance producer licensed in a State, submit identification information obtained from the insurance producer, and a request for a criminal history record check of the insurance producer, to the Federal Bureau of Investigation. (ii) Procedures The board of directors of the Association (referred to in this subtitle as the Board) shall prescribe procedures for obtaining and utilizing identification information and criminal history record information, including the establishment of reasonable fees required to perform a criminal history record check and appropriate safeguards for maintaining confidentiality and security of the information. (D) Form of request A submission under subparagraph (C)(i) shall include such identification information as is required by the Attorney General concerning the person about whom the criminal history record check is requested, and a statement signed by the person authorizing the Attorney General to provide the information to the Association and for the Association to receive the information. (E) Provision of information by Attorney General Upon receiving a submission under subparagraph (C)(i) from the Association, the Attorney General shall search all criminal history records of the Federal Bureau of Investigation, including records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, that the Attorney General determines appropriate for criminal history records corresponding to the identification information provided under subparagraph (D) and provide all criminal history record information included in the request to the Association. (F) Limitation on permissible uses of information Any information provided to the Association under subparagraph (E) may only— (i) be used for purposes of determining compliance with membership criteria established by the Association; (ii) be disclosed to State insurance regulators, or Federal or State law enforcement agencies, in conformance with applicable law; or (iii) be disclosed, upon request, to the insurance producer to whom the criminal history record information relates. (G) Penalty for improper use or disclosure Whoever knowingly uses any information provided under subparagraph (E) for a purpose not authorized in subparagraph (F), or discloses any such information to anyone not authorized to receive it, shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. (H) Reliance on information Neither the Association nor any of its Board members, officers, or employees shall be liable in any action for using information provided under subparagraph (E) as permitted under subparagraph (F) in good faith and in reasonable reliance on its accuracy. (I) Fees The Attorney General may charge a reasonable fee for conducting the search and providing the information under subparagraph (E), and any such fee shall be collected and remitted by the Association to the Attorney General. (J) Rule of construction Nothing in this paragraph shall be construed as— (i) requiring a State insurance regulator to perform criminal history record checks under this section; or (ii) limiting any other authority that allows access to criminal history records. (K) Regulations The Attorney General shall prescribe regulations to carry out this paragraph, which shall include— (i) appropriate protections for ensuring the confidentiality of information provided under subparagraph (E); and (ii) procedures providing a reasonable opportunity for an insurance producer to contest the accuracy of information regarding the insurance producer provided under subparagraph (E). (L) Ineligibility for membership (i) In general The Association may, under reasonably consistently applied standards, deny membership to an insurance producer on the basis of criminal history record information provided under subparagraph (E), or where the insurance producer has been subject to disciplinary action, as described in paragraph (2). (ii) Rights of applicants denied membership The Association shall notify any insurance producer who is denied membership on the basis of criminal history record information provided under subparagraph (E) of the right of the insurance producer to— (I) obtain a copy of all criminal history record information provided to the Association under subparagraph (E) with respect to the insurance producer; and (II) challenge the denial of membership based on the accuracy and completeness of the information. (M) Definition For purposes of this paragraph, the term criminal history record check means a national background check of criminal history records of the Federal Bureau of Investigation. (b) Authority to establish membership criteria The Association may establish membership criteria that bear a reasonable relationship to the purposes for which the Association was established. (c) Establishment of classes and categories of membership (1) Classes of membership The Association may establish separate classes of membership, with separate criteria, if the Association reasonably determines that performance of different duties requires different levels of education, training, experience, or other qualifications. (2) Business entities The Association shall establish a class of membership and membership criteria for business entities. A business entity that applies for membership shall be required to designate an individual Association member responsible for the compliance of the business entity with Association standards and the insurance laws, rules, and regulations of any State in which the business entity seeks to do business on the basis of Association membership. (3) Categories (A) Separate categories for insurance producers permitted The Association may establish separate categories of membership for insurance producers and for other persons or entities within each class, based on the types of licensing categories that exist under State laws. (B) Separate treatment for depository institutions prohibited No special categories of membership, and no distinct membership criteria, shall be established for members that are depository institutions or for employees, agents, or affiliates of depository institutions. (d) Membership criteria (1) In general The Association may establish criteria for membership which shall include standards for personal qualifications, education, training, and experience. The Association shall not establish criteria that unfairly limit the ability of a small insurance producer to become a member of the Association, including imposing discriminatory membership fees. (2) Qualifications In establishing criteria under paragraph (1), the Association shall not adopt any qualification less protective to the public than that contained in the National Association of Insurance Commissioners (referred to in this subtitle as the NAIC) Producer Licensing Model Act in effect as of the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2014, and shall consider the highest levels of insurance producer qualifications established under the licensing laws of the States. (3) Assistance from States (A) In general The Association may request a State to provide assistance in investigating and evaluating the eligibility of a prospective member for membership in the Association. (B) Authorization of information sharing A submission under subsection (a)(4)(C)(i) made by an insurance producer licensed in a State shall include a statement signed by the person about whom the assistance is requested authorizing— (i) the State to share information with the Association; and (ii) the Association to receive the information. (C) Rule of construction Subparagraph (A) shall not be construed as requiring or authorizing any State to adopt new or additional requirements concerning the licensing or evaluation of insurance producers. (4) Denial of membership The Association may, based on reasonably consistently applied standards, deny membership to any State-licensed insurance producer for failure to meet the membership criteria established by the Association. (e) Effect of membership (1) Authority of association members Membership in the Association shall— (A) authorize an insurance producer to sell, solicit, or negotiate insurance in any State for which the member pays the licensing fee set by the State for any line or lines of insurance specified in the home State license of the insurance producer, and exercise all such incidental powers as shall be necessary to carry out such activities, including claims adjustments and settlement to the extent permissible under the laws of the State, risk management, employee benefits advice, retirement planning, and any other insurance-related consulting activities; (B) be the equivalent of a nonresident insurance producer license for purposes of authorizing the insurance producer to engage in the activities described in subparagraph (A) in any State where the member pays the licensing fee; and (C) be the equivalent of a nonresident insurance producer license for the purpose of subjecting an insurance producer to all laws, regulations, provisions or other action of any State concerning revocation, suspension, or other enforcement action related to the ability of a member to engage in any activity within the scope of authority granted under this subsection and to all State laws, regulations, provisions, and actions preserved under paragraph (5). (2) Violent Crime Control and Law Enforcement Act of 1994 Nothing in this subtitle shall be construed to alter, modify, or supercede any requirement established by section 1033 of title 18, United States Code. (3) Agent for remitting fees The Association shall act as an agent for any member for purposes of remitting licensing fees to any State pursuant to paragraph (1). (4) Notification of action (A) In general The Association shall notify the States (including State insurance regulators) and the NAIC when an insurance producer has satisfied the membership criteria of this section. The States (including State insurance regulators) shall have 10 business days after the date of the notification in order to provide the Association with evidence that the insurance producer does not satisfy the criteria for membership in the Association. (B) Ongoing disclosures required On an ongoing basis, the Association shall disclose to the States (including State insurance regulators) and the NAIC a list of the States in which each member is authorized to operate. The Association shall immediately notify the States (including State insurance regulators) and the NAIC when a member is newly authorized to operate in one or more States, or is no longer authorized to operate in one or more States on the basis of Association membership. (5) Preservation of consumer protection and market conduct regulation (A) In general No provision of this section shall be construed as altering or affecting the applicability or continuing effectiveness of any law, regulation, provision, or other action of any State, including those described in subparagraph (B), to the extent that the State law, regulation, provision, or other action is not inconsistent with the provisions of this subtitle related to market entry for nonresident insurance producers, and then only to the extent of the inconsistency. (B) Preserved regulations The laws, regulations, provisions, or other actions of any State referred to in subparagraph (A) include laws, regulations, provisions, or other actions that— (i) regulate market conduct, insurance producer conduct, or unfair trade practices; (ii) establish consumer protections; or (iii) require insurance producers to be appointed by a licensed or authorized insurer. (f) Biennial renewal Membership in the Association shall be renewed on a biennial basis. (g) Continuing education (1) In general The Association shall establish, as a condition of membership, continuing education requirements which shall be comparable to the continuing education requirements under the licensing laws of a majority of the States. (2) State continuing education requirements A member may not be required to satisfy continuing education requirements imposed under the laws, regulations, provisions, or actions of any State other than the home State of the member. (3) Reciprocity The Association shall not require a member to satisfy continuing education requirements that are equivalent to any continuing education requirements of the home State of the member that have been satisfied by the member during the applicable licensing period. (4) Limitation on the Association The Association shall not directly or indirectly offer any continuing education courses for insurance producers. (h) Probation, suspension and revocation (1) Disciplinary action The Association may place an insurance producer that is a member of the Association on probation or suspend or revoke the membership of the insurance producer in the Association, or assess monetary fines or penalties, as the Association determines to be appropriate, if— (A) the insurance producer fails to meet the applicable membership criteria or other standards established by the Association; (B) the insurance producer has been subject to disciplinary action pursuant to a final adjudicatory proceeding under the jurisdiction of a State insurance regulator; (C) an insurance license held by the insurance producer has been suspended or revoked by a State insurance regulator; or (D) the insurance producer has been convicted of a crime that would have resulted in the denial of membership pursuant to subsection (a)(4)(L)(i) at the time of application, and the Association has received a copy of the final disposition from a court of competent jurisdiction. (2) Violations of Association standards The Association shall have the power to investigate alleged violations of Association standards. (3) Reporting The Association shall immediately notify the States (including State insurance regulators) and the NAIC when the membership of an insurance producer has been placed on probation or has been suspended, revoked, or otherwise terminated, or when the Association has assessed monetary fines or penalties. (i) Consumer complaints (1) In general The Association shall— (A) refer any complaint against a member of the Association from a consumer relating to alleged misconduct or violations of State insurance laws to the State insurance regulator where the consumer resides and, when appropriate, to any additional State insurance regulator, as determined by standards adopted by the Association; and (B) make any related records and information available to each State insurance regulator to whom the complaint is forwarded. (2) Telephone and other access The Association shall maintain a toll-free number for purposes of this subsection and, as practicable, other alternative means of communication with consumers, such as an Internet webpage. (3) Final disposition of investigation State insurance regulators shall provide the Association with information regarding the final disposition of a complaint referred pursuant to paragraph (1)(A), but nothing shall be construed to compel a State to release confidential investigation reports or other information protected by State law to the Association. (j) Information sharing The Association may— (1) share documents, materials, or other information, including confidential and privileged documents, with a State, Federal, or international governmental entity or with the NAIC or other appropriate entity referenced in paragraphs (3) and (4), provided that the recipient has the authority and agrees to maintain the confidentiality or privileged status of the document, material, or other information; (2) limit the sharing of information as required under this subtitle with the NAIC or any other non-governmental entity, in circumstances under which the Association determines that the sharing of such information is unnecessary to further the purposes of this subtitle; (3) establish a central clearinghouse, or utilize the NAIC or another appropriate entity, as determined by the Association, as a central clearinghouse, for use by the Association and the States (including State insurance regulators), through which members of the Association may disclose their intent to operate in 1 or more States and pay the licensing fees to the appropriate States; and (4) establish a database, or utilize the NAIC or another appropriate entity, as determined by the Association, as a database, for use by the Association and the States (including State insurance regulators) for the collection of regulatory information concerning the activities of insurance producers. (k) Effective Date The provisions of this section shall take effect on the later of— (1) the expiration of the 2-year period beginning on the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2014; and (2) the date of incorporation of the Association. 324. Board of directors (a) Establishment There is established a board of directors of the Association, which shall have authority to govern and supervise all activities of the Association. (b) Powers The Board shall have such of the powers and authority of the Association as may be specified in the bylaws of the Association. (c) Composition (1) In general The Board shall consist of 13 members who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112th Congress, of whom— (A) 8 shall be State insurance commissioners appointed in the manner provided in paragraph (2), 1 of whom shall be designated by the President to serve as the chairperson of the Board until the Board elects one such State insurance commissioner Board member to serve as the chairperson of the Board; (B) 3 shall have demonstrated expertise and experience with property and casualty insurance producer licensing; and (C) 2 shall have demonstrated expertise and experience with life or health insurance producer licensing. (2) State insurance regulator representatives (A) Recommendations Before making any appointments pursuant to paragraph (1)(A), the President shall request a list of recommended candidates from the States through the NAIC, which shall not be binding on the President. If the NAIC fails to submit a list of recommendations not later than 15 business days after the date of the request, the President may make the requisite appointments without considering the views of the NAIC. (B) Political affiliation Not more than 4 Board members appointed under paragraph (1)(A) shall belong to the same political party. (C) Former State insurance commissioners (i) In general If, after offering each currently serving State insurance commissioner an appointment to the Board, fewer than 8 State insurance commissioners have accepted appointment to the Board, the President may appoint the remaining State insurance commissioner Board members, as required under paragraph (1)(A), of the appropriate political party as required under subparagraph (B), from among individuals who are former State insurance commissioners. (ii) Limitation A former State insurance commissioner appointed as described in clause (i) may not be employed by or have any present direct or indirect financial interest in any insurer, insurance producer, or other entity in the insurance industry, other than direct or indirect ownership of, or beneficial interest in, an insurance policy or annuity contract written or sold by an insurer. (D) Service through term If a Board member appointed under paragraph (1)(A) ceases to be a State insurance commissioner during the term of the Board member, the Board member shall cease to be a Board member. (3) Private sector representatives In making any appointment pursuant to subparagraphs (B) and (C) of paragraph (1), the President may seek recommendations for candidates from groups representing the category of individuals described, which shall not be binding on the President. (4) State insurance commissioner defined For purposes of this subsection, the term State insurance commissioner means a person who serves in the position in State government, or on the board, commission, or other body that is the primary insurance regulatory authority for the State. (d) Terms (1) In general Except as provided under paragraph (2), the term of service for each Board member shall be 2 years. (2) Exceptions (A) 1-year terms The term of service shall be 1 year, as designated by the President at the time of the nomination of the subject Board members for— (i) 4 of the State insurance commissioner Board members initially appointed under paragraph (1)(A), of whom not more than 2 shall belong to the same political party; (ii) 1 of the Board members initially appointed under paragraph (1)(B); and (iii) 1 of the Board members initially appointed under paragraph (1)(C). (B) Expiration of Term A Board member may continue to serve after the expiration of the term to which the Board member was appointed for the earlier of 2 years or until a successor is appointed. (C) Mid-term appointments A Board member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the Board member was appointed shall be appointed only for the remainder of that term. (3) Successive terms Board members may be reappointed to successive terms. (e) Initial appointments The appointment of initial Board members shall be made no later than 90 days after the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2014 (f) Meetings (1) In general The Board shall meet— (A) at the call of the chairperson; (B) as requested in writing to the chairperson by not fewer than 5 Board members; or (C) as otherwise provided by the bylaws of the Association. (2) Quorum required A majority of all Board members shall constitute a quorum. (3) Voting Decisions of the Board shall require the approval of a majority of all Board members present at a meeting, a quorum being present. (4) Initial meeting The Board shall hold its first meeting not later than 45 days after the date on which all initial Board members have been appointed. (g) Restriction on confidential information Board members appointed pursuant to subparagraphs (B) and (C) of subsection (c)(1) shall not have access to confidential information received by the Association in connection with complaints, investigations, or disciplinary proceedings involving insurance producers. (h) Ethics and conflicts of interest The Board shall issue and enforce an ethical conduct code to address permissible and prohibited activities of Board members and Association officers, employees, agents, or consultants. The code shall, at a minimum, include provisions that prohibit any Board member or Association officer, employee, agent or consultant from— (1) engaging in unethical conduct in the course of performing Association duties; (2) participating in the making or influencing the making of any Association decision, the outcome of which the Board member, officer, employee, agent, or consultant knows or had reason to know would have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the person or a member of the immediate family of the person; (3) accepting any gift from any person or entity other than the Association that is given because of the position held by the person in the Association; (4) making political contributions to any person or entity on behalf of the Association; and (5) lobbying or paying a person to lobby on behalf of the Association. (i) Compensation (1) In general Except as provided in paragraph (2), no Board member may receive any compensation from the Association or any other person or entity on account of Board membership. (2) Travel expenses and per diem Board members may be reimbursed only by the Association for travel expenses, including per diem in lieu of subsistence, at rates consistent with rates authorized for employees of Federal agencies under subchapter I of chapter 57 325. Bylaws, standards, and disciplinary actions (a) Adoption and amendment of bylaws and standards (1) Procedures The Association shall adopt procedures for the adoption of bylaws and standards that are similar to procedures under subchapter II of chapter 5 (2) Copy required to be filed The Board shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, all proposed bylaws and standards of the Association, or any proposed amendment to the bylaws or standards of the Association, accompanied by a concise general statement of the basis and purpose of such proposal. (3) Effective date Any proposed bylaw or standard of the Association, and any proposed amendment to the bylaws or standards of the Association, shall take effect, after notice under paragraph (2) and opportunity for public comment, on such date as the Association may designate, unless suspended under section 329(c). (4) Rule of construction Nothing in this section shall be construed to subject the Board or the Association to the requirements of subchapter II of chapter 5 (b) Disciplinary action by the Association (1) Specification of charges In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed, or to determine whether a member of the Association should be placed on probation (referred to in this section as a disciplinary action) or whether to assess fines or monetary penalties, the Association shall bring specific charges, notify the member of the charges, give the member an opportunity to defend against the charges, and keep a record. (2) Supporting statement A determination to take disciplinary action shall be supported by a statement setting forth— (A) any act or practice in which the member has been found to have been engaged; (B) the specific provision of this subtitle or standard of the Association that any such act or practice is deemed to violate; and (C) the sanction imposed and the reason for the sanction. (3) Ineligibility of private sector representatives Board members appointed pursuant to section 324(c)(3) may not— (A) participate in any disciplinary action or be counted toward establishing a quorum during a disciplinary action; and (B) have access to confidential information concerning any disciplinary action. 326. Powers In addition to all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, the Association shall have the power to— (1) establish and collect such membership fees as the Association finds necessary to impose to cover the costs of its operations; (2) adopt, amend, and repeal bylaws, procedures, or standards governing the conduct of Association business and performance of its duties; (3) establish procedures for providing notice and opportunity for comment pursuant to section 325(a); (4) enter into and perform such agreements as necessary to carry out the duties of the Association; (5) hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of this subtitle, and determine their qualification; (6) establish personnel policies of the Association and programs relating to, among other things, conflicts of interest, rates of compensation, where applicable, and qualifications of personnel; (7) borrow money; and (8) secure funding for such amounts as the Association determines to be necessary and appropriate to organize and begin operations of the Association, which shall be treated as loans to be repaid by the Association with interest at market rate. 327. Report by the Association (a) In general As soon as practicable after the close of each fiscal year, the Association shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, a written report regarding the conduct of its business, and the exercise of the other rights and powers granted by this subtitle, during such fiscal year. (b) Financial statements Each report submitted under subsection (a) with respect to any fiscal year shall include audited financial statements setting forth the financial position of the Association at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year. 328. Liability of the Association and the Board members, officers, and employees of the Association (a) In general The Association shall not be deemed to be an insurer or insurance producer within the meaning of any State law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance, including provisions imposing premium taxes, regulating insurer solvency or financial condition, establishing guaranty funds and levying assessments, or requiring claims settlement practices. (b) Liability of Board members, officers, and employees No Board member, officer, or employee of the Association shall be personally liable to any person for any action taken or omitted in good faith in any matter within the scope of their responsibilities in connection with the Association. 329. Presidential oversight (a) Removal of Board If the President determines that the Association is acting in a manner contrary to the interests of the public or the purposes of this subtitle or has failed to perform its duties under this subtitle, the President may remove the entire existing Board for the remainder of the term to which the Board members were appointed and appoint, in accordance with section 324 and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112th Congress, new Board members to fill the vacancies on the Board for the remainder of the terms. (b) Removal of Board member The President may remove a Board member only for neglect of duty or malfeasance in office. (c) Suspension of bylaws and standards and prohibition of actions Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any bylaw or standard, or prohibit any action, of the Association that the President or the designee determines is contrary to the purposes of this subtitle. 330. Relationship to State law (a) Preemption of State laws State laws, regulations, provisions, or other actions purporting to regulate insurance producers shall be preempted to the extent provided in subsection (b). (b) Prohibited actions (1) In general No State shall— (A) impede the activities of, take any action against, or apply any provision of law or regulation arbitrarily or discriminatorily to, any insurance producer because that insurance producer or any affiliate plans to become, has applied to become, or is a member of the Association; (B) impose any requirement upon a member of the Association that it pay fees different from those required to be paid to that State were it not a member of the Association; or (C) impose any continuing education requirements on any nonresident insurance producer that is a member of the Association. (2) States other than a home State No State, other than the home State of a member of the Association, shall— (A) impose any licensing, personal or corporate qualifications, education, training, experience, residency, continuing education, or bonding requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership; (B) impose any requirement upon a member of the Association that it be licensed, registered, or otherwise qualified to do business or remain in good standing in the State, including any requirement that the insurance producer register as a foreign company with the secretary of state or equivalent State official; (C) require that a member of the Association submit to a criminal history record check as a condition of doing business in the State; or (D) impose any licensing, registration, or appointment requirements upon a member of the Association, or require a member of the Association to be authorized to operate as an insurance producer, in order to sell, solicit, or negotiate insurance for commercial property and casualty risks to an insured with risks located in more than one State, if the member is licensed or otherwise authorized to operate in the State where the insured maintains its principal place of business and the contract of insurance insures risks located in that State. (3) Preservation of State disciplinary authority Nothing in this section may be construed to prohibit a State from investigating and taking appropriate disciplinary action, including suspension or revocation of authority of an insurance producer to do business in a State, in accordance with State law and that is not inconsistent with the provisions of this section, against a member of the Association as a result of a complaint or for any alleged activity, regardless of whether the activity occurred before or after the insurance producer commenced doing business in the State pursuant to Association membership. 331. Coordination with Financial Industry Regulatory Authority The Association shall coordinate with the Financial Industry Regulatory Authority in order to ease any administrative burdens that fall on members of the Association that are subject to regulation by the Financial Industry Regulatory Authority, consistent with the requirements of this subtitle and the Federal securities laws . 332. Right of action (a) Right of action Any person aggrieved by a decision or action of the Association may, after reasonably exhausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and obtain all appropriate relief. (b) Association interpretations In any action under subsection (a), the court shall give appropriate weight to the interpretation of the Association of its bylaws and standards and this subtitle. 333. Federal Funding Prohibited The Association may not receive, accept, or borrow any amounts from the Federal Government to pay for, or reimburse the Association for, the costs of establishing or operating the Association. 334. Definitions For purposes of this subtitle, the following definitions shall apply: (1) Business entity The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. (2) Depository institution The term depository institution has the meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (3) Home State The term home State means the State in which the insurance producer maintains its principal place of residence or business and is licensed to act as an insurance producer. (4) Insurance The term insurance means any product, other than title insurance or bail bonds, defined or regulated as insurance by the appropriate State insurance regulatory authority. (5) Insurance producer The term insurance producer means any insurance agent or broker, excess or surplus lines broker or agent, insurance consultant, limited insurance representative, and any other individual or entity that sells, solicits, or negotiates policies of insurance or offers advice, counsel, opinions or services related to insurance. (6) Insurer The term insurer has the meaning as in section 313(e)(2)(B) of title 31, United States Code . (7) Principal place of business The term principal place of business means the State in which an insurance producer maintains the headquarters of the insurance producer and, in the case of a business entity, where high-level officers of the entity direct, control, and coordinate the business activities of the business entity. (8) Principal place of residence The term principal place of residence means the State in which an insurance producer resides for the greatest number of days during a calendar year. (9) State The term State includes any State, the District of Columbia, any territory of the United States, and Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. (10) State law (A) In general The term State law includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. (B) Laws applicable in the District of Columbia A law of the United States applicable only to or within the District of Columbia shall be treated as a State law rather than a law of the United States. . (b) Technical amendment The table of contents for the Gramm-Leach-Bliley Act is amended by striking the items relating to subtitle C of title III and inserting the following new items: Subtitle C—National Association of Registered Agents and Brokers Sec. 321. National Association of Registered Agents and Brokers. Sec. 322. Purpose. Sec. 323. Membership. Sec. 324. Board of directors. Sec. 325. Bylaws, standards, and disciplinary actions. Sec. 326. Powers. Sec. 327. Report by the Association. Sec. 328. Liability of the Association and the Board members, officers, and employees of the Association. Sec. 329. Presidential oversight. Sec. 330. Relationship to State law. Sec. 331. Coordination with Financial Industry Regulatory Authority. Sec. 332. Right of action. Sec. 333. Federal funding prohibited. Sec. 334. Definitions. . January 15, 2014 Read the second time and placed on the calendar

A bill to delay the implementation of certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 and to reform the National Association of Registered Agents and Brokers, and for other purposes.

Data Security Act of 2014 - Prescribes security procedures which an entity that maintains or communicates sensitive account or personal information must implement and enforce in order to protect the information from an unauthorized use likely to result in substantial harm or inconvenience to the consumer. Grants exclusive enforcement powers to specified federal regulatory agencies with oversight of financial institutions. Denies a private right of action, including a class action, regarding any act or practice regulated under this Act. Prohibits any civil or criminal action in state court or under state law relating to any act or practice governed under this Act. Prescribes data security standards to be implemented by federal agencies. Preempts state law with respect to the responsibilities of any person to protect against and investigate such data security breaches and mitigate any losses or harm resulting from them.

To protect information relating to consumers, to require notice of security breaches, and for other purposes. 1. Short title This Act may be cited as the Data Security Act of 2014 2. Definitions For purposes of this Act, the following definitions shall apply: (1) Affiliate The term affiliate (2) Agency The term agency (3) Breach of data security (A) In general The term breach of data security (B) Exception for data that is not in usable form (i) In general The term breach of data security (I) to commit identity theft; or (II) to make fraudulent transactions on financial accounts. (ii) Rule of Construction For purposes of this subparagraph, information that is maintained or communicated in a manner that is not usable includes any information that is maintained or communicated in an encrypted, redacted, altered, edited, or coded form. (4) Commission The term Commission (5) Consumer The term consumer (6) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (7) Covered entity (A) In general The term covered entity (i) entity, the business of which is engaging in financial activities, as described in section 4(k) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(k) (ii) financial institution, including any institution described in section 313.3(k) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this Act; (iii) entity that maintains or otherwise possesses information that is subject to section 628 of the Fair Credit Reporting Act ( 15 U.S.C. 1681w (iv) other individual, partnership, corporation, trust, estate, cooperative, association, or entity that maintains or communicates sensitive account information or sensitive personal information. (B) Exception The term covered entity (8) Financial institution The term financial institution (9) Sensitive account information The term sensitive account information (10) Sensitive personal information (A) In general The term sensitive personal information (i) Social security account number. (ii) Driver’s license number or equivalent State identification number. (iii) Taxpayer identification number. (B) Exception The term sensitive personal information (i) Federal, State, or local government records; or (ii) widely distributed media. (11) Substantial harm or inconvenience (A) In general The term substantial harm or inconvenience (i) material financial loss to, or civil or criminal penalties imposed on, a consumer, due to the unauthorized use of sensitive account information or sensitive personal information relating to the consumer; or (ii) the need for a consumer to expend significant time and effort to correct erroneous information relating to the consumer, including information maintained by a consumer reporting agency, financial institution, or government entity, in order to avoid material financial loss, increased costs, or civil or criminal penalties, due to the unauthorized use of sensitive account information or sensitive personal information relating to the consumer. (B) Exception The term substantial harm or inconvenience (i) changing a financial account number or closing a financial account; or (ii) harm or inconvenience that does not result from identity theft or account fraud. 3. Protection of information and security breach notification (a) Security procedures required (1) In general Each covered entity shall implement, maintain, and enforce reasonable policies and procedures to protect the confidentiality and security of, sensitive account information and sensitive personal information that is maintained or is being communicated by or on behalf of a covered entity from the unauthorized use of the information that is reasonably likely to result in substantial harm or inconvenience to the consumer to whom the information relates. (2) Limitation Any policy or procedure implemented or maintained under paragraph (1) shall be appropriate to— (A) the size and complexity of the covered entity; (B) the nature and scope of the activities of the covered entity; and (C) the sensitivity of the consumer information to be protected. (b) Investigation required (1) In general If a covered entity determines that a breach of data security has or may have occurred in relation to sensitive account information or sensitive personal information that is maintained or is being communicated by, or on behalf of, the covered entity, the covered entity shall conduct an investigation to— (A) assess the nature and scope of the breach; (B) identify any sensitive account information or sensitive personal information that may have been involved in the breach; and (C) determine if the sensitive account information or sensitive personal information is reasonably likely to be misused in a manner causing substantial harm or inconvenience to the consumers to whom the information relates. (2) Neural networks and information security programs In determining the likelihood of misuse of sensitive account information under paragraph (1)(C), a covered entity shall consider whether any neural network or security program has detected, or is likely to detect or prevent, fraudulent transactions resulting from the breach of security. (c) Notice required If a covered entity determines under subsection (b)(1)(C) that sensitive account information or sensitive personal information involved in a breach of data security is reasonably likely to be misused in a manner causing substantial harm or inconvenience to the consumers to whom the information relates, the covered entity, or a third party acting on behalf of the covered entity, shall— (1) notify, in the following order— (A) the appropriate agency or authority identified in section 5; (B) an appropriate law enforcement agency; (C) any entity that owns, or is obligated on, a financial account to which the sensitive account information relates, if the breach involves a breach of sensitive account information; (D) each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, if the breach involves sensitive personal information relating to 5,000 or more consumers; and (E) all consumers to whom the sensitive account information or sensitive personal information relates; and (2) take reasonable measures to restore the security and confidentiality of the sensitive account information or sensitive personal information involved in the breach. (d) Compliance (1) In general An entity shall be deemed to be in compliance with— (A) in the case of a financial institution— (i) subsection (a), and any regulations prescribed under subsection (a), if the financial institution maintains policies and procedures to protect the confidentiality and security of sensitive account information and sensitive personal information that are consistent with the policies and procedures of the financial institution that are designed to comply with the requirements of section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (ii) subsections (b) and (c), and any regulations prescribed under subsections (b) and (c), if the financial institution— (I) (aa) maintains policies and procedures to investigate and provide notice to consumers of breaches of data security that are consistent with the policies and procedures of the financial institution that are designed to comply with the investigation and notice requirements established by regulations or guidance under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (bb) is an affiliate of a bank holding company that maintains policies and procedures to investigate and provide notice to consumers of breaches of data security that are consistent with the policies and procedures of a bank that is an affiliate of the financial institution, and the policies and procedures of the bank are designed to comply with the investigation and notice requirements established by any regulations or guidance under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (II) provides for notice to the entities described under subparagraphs (B), (C), and (D) of subsection (c)(1), if notice is provided to consumers pursuant to the policies and procedures of the financial institution described in subclause (I); and (B) subsections (a), (b), and (c), if the entity is a covered entity for purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (2) Definitions For purposes of this subsection, the terms bank holding company bank 12 U.S.C. 1841 4. Implementing regulations (a) In general Notwithstanding any other provision of law, and except as provided in section 6, the agencies and authorities identified in section 5, with respect to the covered entities that are subject to the respective enforcement authority of the agencies and authorities, shall prescribe regulations to implement this Act. (b) Coordination Each agency and authority required to prescribe regulations under subsection (a) shall consult and coordinate with each other agency and authority identified in section 5 so that, to the extent possible, the regulations prescribed by each agency and authority are consistent and comparable. (c) Method of providing notice to consumers The regulations required under subsection (a) shall— (1) prescribe the methods by which a covered entity shall notify a consumer of a breach of data security under section 3; and (2) allow a covered entity to provide the notice by— (A) written, telephonic, or e-mail notification; or (B) substitute notification, if providing written, telephonic, or e-mail notification is not feasible due to— (i) lack of sufficient contact information for the consumers that must be notified; or (ii) excessive cost to the covered entity. (d) Content of consumer notice The regulations required under subsection (a) shall— (1) prescribe the content that shall be included in a notice of a breach of data security that is required to be provided to consumers under section 3; and (2) require the notice to include— (A) a description of the type of sensitive account information or sensitive personal information involved in the breach of data security; (B) a general description of the actions taken by the covered entity to restore the security and confidentiality of the sensitive account information or sensitive personal information involved in the breach of data security; and (C) the summary of rights of victims of identity theft prepared by the Commission under section 609(d) of the Fair Credit Reporting Act ( 15 U.S.C. 1681g(d) (e) Timing of notice The regulations required under subsection (a) shall establish standards for when a covered entity shall provide any notice required under section 3. (f) Law enforcement delay The regulations required under subsection (a) shall allow a covered entity to delay providing notice of a breach of data security to consumers under section 3 if a law enforcement agency requests such a delay in writing. (g) Service providers The regulations required under subsection (a) shall— (1) require any party that maintains or communicates sensitive account information or sensitive personal information on behalf of a covered entity to provide notice to that covered entity if the party determines that a breach of data security has, or may have, occurred with respect to the sensitive account information or sensitive personal information; and (2) ensure that there is only 1 notification responsibility with respect to a breach of data security. (h) Timing of regulations The regulations required under subsection (a) shall— (1) be issued in final form not later than 6 months after the date of enactment of this Act; and (2) take effect not later than 6 months after the date on which they are issued in final form. 5. Administrative enforcement (a) In general Notwithstanding any other provision of law, section 3, and the regulations required under section 4, shall be enforced exclusively under— (1) section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 (A) a national bank, a Federal branch or Federal agency of a foreign bank, or any subsidiary thereof (other than a broker, dealer, person providing insurance, investment company, or investment adviser), or a savings association, the deposits of which are insured by the Federal Deposit Insurance Corporation, or any subsidiary thereof (other than a broker, dealer, person providing insurance, investment company, or investment adviser), by the Office of the Comptroller of the Currency; (B) a member bank of the Federal Reserve System (other than a national bank), a branch or agency of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign bank), a commercial lending company owned or controlled by a foreign bank, an organization operating under section 25 or 25A of the Federal Reserve Act ( 12 U.S.C. 601 (C) a bank, the deposits of which are insured by the Federal Deposit Insurance Corporation (other than a member of the Federal Reserve System), an insured State branch of a foreign bank, or any subsidiary thereof (other than a broker, dealer, person providing insurance, investment company, or investment adviser), by the Board of Directors of the Federal Deposit Insurance Corporation; (2) the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. (3) the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (4) the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. (5) the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. (6) the Commodity Exchange Act ( 7 U.S.C. 1 et seq. (7) the provisions of title XIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4501 et seq.), by the Director of Federal Housing Enterprise Oversight (and any successor to the functional regulatory agency) with respect to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and any other entity or enterprise (as defined in that title) subject to the jurisdiction of the functional regulatory agency under that title, including any affiliate of any the enterprise; (8) State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled; and (9) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (b) Extension of Federal Trade Commission enforcement authority The authority of the Commission to enforce compliance with section 3, and the regulations required under section 4, under subsection (a)(8) shall— (1) notwithstanding the Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.), include the authority to enforce compliance by air carriers and foreign air carriers; and (2) notwithstanding the Packers and Stockyards Act ( 7 U.S.C. 181 et seq. (c) No private right of Action (1) In general This Act, and the regulations prescribed under this Act, may not be construed to provide a private right of action, including a class action with respect to any act or practice regulated under this Act. (2) Civil and criminal Actions No civil or criminal action relating to any act or practice governed under this Act, or the regulations prescribed under this Act, shall be commenced or maintained in any State court or under State law, including a pendent State claim to an action under Federal law. 6. Protection of information at Federal agencies (a) Data security standards Each agency shall implement appropriate standards relating to administrative, technical, and physical safeguards— (1) to insure the security and confidentiality of the sensitive account information and sensitive personal information that is maintained or is being communicated by, or on behalf of, that agency; (2) to protect against any anticipated threats or hazards to the security of the sensitive account information and sensitive personal information; and (3) to protect against misuse of the sensitive account information and sensitive personal information that could result in substantial harm or inconvenience to a consumer. (b) Security breach notification standards Each agency shall implement appropriate standards providing for notification of consumers when the agency determines that sensitive account information or sensitive personal information that is maintained or is being communicated by, or on behalf of, the agency— (1) has been acquired without authorization; and (2) is reasonably likely to be misused in a manner causing substantial harm or inconvenience to the consumers to whom the information relates. 7. Relation to State law No requirement or prohibition may be imposed under the laws of any State with respect to the responsibilities of any person to— (1) protect the security of information relating to consumers that is maintained or communicated by, or on behalf of, the person; (2) safeguard information relating to consumers from potential misuse; (3) investigate or provide notice of the unauthorized access to information relating to consumers, or the potential misuse of the information, for fraudulent, illegal, or other purposes; or (4) mitigate any loss or harm resulting from the unauthorized access or misuse of information relating to consumers. 8. Delayed effective date for certain provisions (a) Covered entities Sections 3 and 7 shall take effect on the later of— (1) 1 year after the date of enactment of this Act; or (2) the effective date of the final regulations required under section 4. (b) Agencies Section 6 shall take effect 1 year after the date of enactment of this Act.

Data Security Act of 2014

Requires the Comptroller General (GAO) to: (1) review Department of Defense (DOD) programs and organizations related to, and resourcing of, renewable energy research, development, and investment in pursuit of meeting mandated renewable energy goals for DOD facilities; (2) specify programs, costs, and estimated and expected savings; and (3) report to Congress with descriptions of current renewable energy initiatives and resulting savings, assessments of coordination and challenges, and recommendations regarding the need for a new DOD energy strategy.

To require the Government Accountability Office to study the expenses incurred by the Pentagon to meet its renewable energy and energy efficiency mandates. 1. Comptroller General study of Department of Defense research, development, and investment to meet the requirements of renewable energy goals (a) Study required The Comptroller General of the United States shall conduct a review of Department of Defense programs and organizations related to, and resourcing of, renewable energy research, development, and investment in pursuit of meeting the renewable energy goals set forth in section 2911(e) of title 10, United States Code, by Executive order, and through related legislative mandates. This review shall specify specific programs, costs, and estimated and expected savings of the programs. (b) Report Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the review conducted under subsection (a), including the following elements: (1) A description of current Department of Defense renewable energy research initiatives throughout the Department of Defense, by military service, including the use of any renewable energy source section 2911(e)(2) (2) A description of current Department of Defense renewable energy development initiatives throughout the Department of Defense, by military service, including the use of any renewable energy source section 2911(e)(2) (3) A description of current Department of Defense renewable energy investment initiatives throughout the Department of Defense, by military service, including the use of any renewable energy source section 2911(e)(2) (4) A description of the estimated and expected savings of each of the programs described in paragraphs (1), (2), and (3), including a comparison of the renewable energy cost to the current cost of conventional energy sources, as well as a comparison of the renewable energy cost to the average energy cost for the previous 10 years. (5) An assessment of the adequacy of the coordination by the Department of Defense of planning for renewable energy projects with consideration for savings realized for dollars invested and the capitalization costs of such investments. (6) An assessment of the adequacy of the coordination by the Department of Defense among the service branches and the Department of Defense as a whole, and whether or not the Department of Defense has a cost-effective, capabilities-based, and coordinated renewable energy research, development, and investment strategy. (7) An assessment of the programmatic, organizational, and resource challenges and gaps faced by the Department of Defense in optimizing research, development, and investment in renewable energy initiatives. (8) Recommendations regarding the need for a new energy strategy for the Department of Defense that provides the Department with the energy supply required to meet all the needs and capabilities of the Armed Forces in the most cost-effective and efficient manner. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.

A bill to require the Government Accountability Office to study the expenses incurred by the Pentagon to meet its renewable energy and energy efficiency mandates.

King Cove All-Weather Road Corridor Act - Amends the Omnibus Public Land Management Act of 2009 to direct the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge and on Sitkinak Island for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the state and the King Cove Corporation. Adds the conveyed non-federal and other specified land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate.

To require the Secretary of the Interior to transfer to the State of Alaska certain land for the purpose of building a road between the community of King Cove and the all-weather airport in Cold Bay, Alaska. 1. Short title This Act may be cited as the King Cove All-Weather Road Corridor Act 2. Izembek National Wildlife Refuge land conveyance Title VI of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 E Izembek National Wildlife Refuge land conveyance 6401. Definitions In this subtitle: (1) Corporation The term Corporation (2) Federal land The term Federal land (A) the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; and (B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map. (3) Governor The term Governor (4) Map The term map (A) the map entitled Izembek and Alaska Peninsula National Wildlife Refuges (B) the map entitled Sitkinak Island-Alaska Maritime National Wildlife Refuge (5) Non-federal land The term non-Federal land (A) the approximately 43,093 acres of land owned by the State, as generally depicted on the map; and (B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. (6) Refuge The term Refuge (7) Secretary The term Secretary (8) State The term State (9) Tribe The term Tribe 6402. Land conveyance (a) In general On the date of enactment of the King Cove All-Weather Road Corridor Act, subject to the conditions and requirements described in this subtitle, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska. (b) Land exchange (1) In general As a condition of the conveyance under subsection (a), the State and the Corporation shall, not later than 15 days after the date of enactment of the King Cove All-Weather Road Corridor Act (2) Reversion The land conveyance under section 6402(a) shall be null and void if the State and the Corporation have not conveyed the non-Federal land from the State and the Corporation to the United States not later than 60 days after the date of enactment of King Cove All-Weather Road Corridor Act (c) Valuation The land conveyed under subsection (a) shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land. (d) Considerations In constructing the road described in subsection (a), the Governor shall— (1) minimize the adverse impact of the road corridor on the Refuge; (2) minimize the acreage of Federal land that is required for the construction of the road corridor, consistent with national road construction safety practices; and (3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of the King Cove All-Weather Road Corridor Act 6403. King Cove Road (a) Requirements relating to use, barrier cables, and dimensions (1) Limitations on use (A) In general Except as provided in subparagraph (B), any portion of the road constructed on the land conveyed under section 6402(a) shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes. (B) Exceptions Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A). (2) Requirement of barrier cable The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision (3) Required dimensions and design features The road described in paragraph (1)(A) shall— (A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State; (B) be constructed with gravel; and (C) if determined to be necessary, be constructed to include appropriate safety pullouts. (b) Support facilities Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. (c) Federal permits It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit. (d) Transfer of land after construction On the date on which the road described in subsection (a)(1)(A) is completed, the Governor of the State shall transfer to the United States any land conveyed under section 6402(a) that the Governor determines is not necessary for the road corridor. (e) Applicable law Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3170 (f) Avoidance of wildlife impacts and mitigation of wetland loss (1) Avoidance of wildlife impacts (A) In general Road construction shall comply with standard construction practices in the State, as determined by the Governor of the State, that— (i) identify critical periods during the calendar year when the Refuge is utilized by wildlife, especially migratory birds; (ii) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods to minimize impacts to wildlife; and (iii) allow for the timely construction of the road. (B) Public availability The Governor of the State shall make available to the public the practices described in subparagraph (A). (2) Mitigation of wetlands loss The land conveyed under section 6402(a) shall comply with section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 6404. Administration of conveyed lands (a) Federal land On completion of the land exchange under section 6402(a)— (1) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and (2) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. (b) Non-Federal land Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be— (1) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and (2) administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System. (c) Wilderness additions (1) In general Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to— (A) the Izembek National Wildlife Refuge Wilderness; or (B) the Alaska Peninsula National Wildlife Refuge Wilderness. (2) Administration The land added as wilderness under paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (d) Permits for dredged or fill materials The land conveyed under section 6402(a) shall not be subject to section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) 6405. Failure to begin road construction (a) Voided land conveyance The land conveyance under section 6402(a) shall be null and void if construction of the road through the Refuge— (1) has not begun during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act King Cove All-Weather Road Corridor Act (2) has not been completed during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act King Cove All-Weather Road Corridor Act (b) Return of prior ownership status of Federal land If the land conveyance is voided under subsection (b)— (1) the ownership of the Federal land shall revert back to the United States; and (2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness. 6406. Expiration of legislative authority (a) In general Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of the King Cove All-Weather Road Corridor Act (b) Extension of authority If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. (c) Extension of authority as result of legal challenges (1) In general Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the conveyance of the land under section 6402(a) or construction of the road, the 7-year deadline or the 5-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process. (2) Injunction After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to the time period that the injunction is in effect. (d) Applicability of section 6405 On the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405. .

King Cove All-Weather Road Corridor Act

Uphold Our Promise to Veterans Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Suspends delivery of defense articles and services to the Government of Egypt until democratic elections and a peaceful transfer of power have taken place. Prohibits assistance to the Governments of Libya and Pakistan and to any country where a U.S. diplomatic facility has been attacked until the President certifies to Congress that such country has cooperated with investigations into such attack and have taken steps to prevent any future attack. Authorizes the sale of 8% of federal land managed by the Bureau of Land Management (BLM) and 8% of National Forest System land.  Requires proceeds from the sale of such land to be used to reduce the annual federal budget deficit or the outstanding national debt. Terminates the authority for the sale of such lands when sales proceeds equal $3.5 million or at the end of FY2024, whichever occurs first.

To repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, and for other purposes. 1. Short title This Act may be cited as the Uphold Our Promise to Veterans Act 2. Repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62 Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed. 3. Limitations on foreign assistance (a) 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. (b) Other Limitations on foreign assistance (1) Prohibition No amounts may be obligated or expended to provide any direct United States assistance, loan guarantee, or debt relief to a Government described under paragraph (2). (2) Covered governments The Governments referred to in paragraph (1) are as follows: (A) The Government of Libya. (B) The Government of Pakistan. (C) The Government of a host country of a United States diplomatic facility on the list submitted to Congress pursuant to paragraph (3). (3) Determination by Secretary The Secretary of State shall submit to Congress a list of all United States diplomatic facilities attacked, trespassed upon, breached, or attempted to be attacked, trespassed upon, or breached on or after September 1, 2012, not later than 5 days after the date of enactment of this Act and not later than 5 days after any subsequent attack, trespass, breach, or attempt. (4) Certification Beginning 90 days after the date of the enactment of this Act, the President may certify to Congress that— (A) a Government described under paragraph (2)— (i) is cooperating or has cooperated fully with investigations into an attack, trespass, breach, or attempted attack, trespass, or breach; (ii) has arrested or facilitated the arrest of, and if requested has permitted extradition of, all identifiable persons in such country associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach; (iii) is facilitating or has facilitated any security improvements at United States diplomatic facilities, as requested by the United States Government; and (iv) is taking or has taken sufficient steps to strengthen and improve reliability of local security in order to prevent any future attack, trespass, or breach; and (B) all identifiable persons associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach— (i) have been identified by the Federal Bureau of Investigation, the Bureau of Diplomatic Security, or other United States law enforcement entity; and (ii) are in United States custody. (5) Request to suspend prohibition on foreign assistance Upon submitting a certification under paragraph (4) with respect to a Government described under paragraph (2), the President may submit a request to Congress to suspend the prohibition on foreign assistance to the Government. (c) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency beginning with fiscal year 2015. 4. Authorization to sell land (a) Authorization For each of fiscal years 2014 through 2024 or when the authority under this section is terminated in accordance with subsection (d), whichever occurs first, subject to valid existing rights, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, shall offer for competitive sale by auction all right, title, and interest, to the extent provided in subsection (b)(2), in and to the following: (1) Eight percent of the Federal land managed by the Bureau of Land Management. (2) Eight percent of the National Forest System land. (b) Terms and conditions (1) Configuration of land The Secretary concerned shall configure the land to be sold to maximize marketability or achieve management objectives, and may prescribe such terms and conditions on the land sales authorized by this Act as the Secretary deems in the public interest. (2) Mineral rights For each fiscal year, the Secretary concerned may include in the sale of land under subsection (a) the mineral rights to such land for not more than 50 percent of the total acreage sold under subsection (a) by that Secretary, if the Secretary determines that such inclusion is likely to maximize marketability. (c) Proceeds from the sale of land All proceeds from the sale of land under this section shall be deposited into the Treasury and applied— (1) to reduce the annual Federal budget deficit for the fiscal year in which the sums are received, except as provided in paragraph (2); and (2) if there is no annual Federal budget deficit for the fiscal year in which the sums are received, to reduce the outstanding Federal debt. (d) Termination of authority The authority under this section shall terminate when the proceeds deposited into the Treasury under subsection (c) equal $3,500,000 or at the end of fiscal year 2024, whichever occurs first.

Uphold Our Promise to Veterans Act

Amends the Supplemental Appropriations Act, 2008 (SSA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before April 1, 2014. Reauthorizes Tier-1, Tier-2, Tier-3, and Tier-4 of the EUC program for weeks ending after December 29, 2013, but reduces the duration of the first two Tiers, to up to six weeks each. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until March 31, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and September 30, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to March 31, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the SSA, 2008 to appropriate funds out of the employment security administration account through the first quarter of FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through March 31, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state that has: (1) entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria; and (2) enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows such a state, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Repeals a provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act, for any month before an individual reaches retirement age, to reduce the total of the individual's monthly disability insurance benefits and any OASDI benefits based on wages and self-employment income by the total amount of any UC received for that month (but not below zero). (Thus reduces the benefits based on receipt of UC.) Applies this reduction to any past-due monthly disability insurance benefits for any month in which the individual was entitled both to them and to UC. Makes the reduction inapplicable if the individual is entitled to UC for a month following a period of: trial work, participation in the Ticket to Work and Self-Sufficiency Program, or participation in any other program designed to encourage an individual entitled to such benefits to work. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB) to prepare, and the President to issue, a sequestration order on March 1 for each of FY2015-FY2023, in addition to the reduction in direct spending required under the Act, that reduces certain spending by the uniformed percentage necessary to reduce it for the fiscal year by $1.333 billion. Specifies the spending involved as: nonexempt direct spending, not spending for certain Medicare programs, and within the revised nonsecurity category.

To provide for the extension of certain unemployment benefits, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Responsible Unemployment Compensation Extension 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. Extension and modification of emergency unemployment compensation program. Sec. 3. Temporary extension of extended benefit provisions. Sec. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 6. Flexibility for unemployment program agreements. Sec. 7. Repeal of reductions made by Bipartisan Budget Act of 2013. Sec. 8. Reduction in benefits based on receipt of unemployment compensation. Sec. 9. Reduction of nonMedicare, nondefense direct spending. 2. Extension and modification of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 January 1, 2014 April 1, 2014 (b) Modifications relating to weeks of emergency unemployment compensation (1) Number of weeks in first tier beginning after December 28, 2013 Section 4002(b) of such Act is amended— (A) by redesignating paragraph (3) as paragraph (4); (B) in paragraph (2)— (i) in the heading, by inserting , and weeks ending before December 30, 2013 2012 (ii) in the matter preceding subparagraph (A), by inserting , and before December 30, 2013 2012 (C) by inserting after paragraph (2) the following: (3) Special rule relating to amounts established in an account as of a week ending after December 29, 2013 Notwithstanding any provision of paragraph (1), in the case of any account established as of a week ending after December 29, 2013— (A) paragraph (1)(A) shall be applied by substituting 24 percent 80 percent (B) paragraph (1)(B) shall be applied by substituting 6 times 20 times . (2) Number of weeks in second tier beginning after December 28, 2013 Section 4002(c) of such Act is amended by adding at the end the following: (5) Special rule relating to amounts added to an account as of a week ending after December 29, 2013 Notwithstanding any provision of paragraph (1), if augmentation under this subsection occurs as of a week ending after December 29, 2013— (A) paragraph (1)(A) shall be applied by substituting 24 percent 54 percent (B) paragraph (1)(B) shall be applied by substituting 6 times 14 times . (c) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 (1) in subparagraph (I), by striking and (2) in subparagraph (J), by inserting and (3) by inserting after subparagraph (J) the following: (K) the amendments made by subsections (a) and (b) of section 2 of the Responsible Unemployment Compensation Extension Act of 2014 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 3. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 26 U.S.C. 3304 (1) by striking December 31, 2013 March 31, 2014 (2) in subsection (c), by striking June 30, 2014 September 30, 2014 (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 26 U.S.C. 3304 June 30, 2014 September 30, 2014 (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 (1) in subsection (d), by striking December 31, 2013 March 31, 2014 (2) in subsection (f)(2), by striking December 31, 2013 March 31, 2014 (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 through fiscal year 2014 through the first quarter of fiscal year 2015 (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) (1) by striking June 30, 2013 September 30, 2013 (2) by striking December 31, 2013 March 31, 2014 (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $62,500 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 6. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in such title IV shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. 7. Repeal of reductions made by Bipartisan Budget Act of 2013 Section 403 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 8. Reduction in benefits based on receipt of unemployment compensation (a) In general Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended by inserting after section 224 the following new section: 224A Reduction in benefits based on receipt of unemployment compensation (a) (1) If for any month prior to the month in which an individual attains retirement age (as defined in section 216(l)(1))— (A) such individual is entitled to benefits under section 223, and (B) such individual is entitled for such month to unemployment compensation, the total of the individual's benefits under section 223 for such month and of any benefits under section 202 for such month based on the individual's wages and self-employment income shall be reduced (but not below zero) by the total amount of unemployment compensation received by such individual for such month. (2) The reduction of benefits under paragraph (1) shall also apply to any past-due benefits under section 223 for any month in which the individual was entitled to— (A) benefits under such section, and (B) unemployment compensation. (3) The reduction of benefits under paragraph (1) shall not apply to any benefits under section 223 for any month, or any benefits under section 202 for such month based on the individual's wages and self-employment income for such month, if the individual is entitled for such month to unemployment compensation following a period of trial work (as described in section 222(c)(1), participation in the Ticket to Work and Self-Sufficiency Program established under section 1148, or participation in any other program that is designed to encourage an individual entitled to benefits under section 223 or 202 to work. (b) If any unemployment compensation is payable to an individual on other than a monthly basis (including a benefit payable as a lump sum to the extent that it is a commutation of, or a substitute for, such periodic compensation), the reduction under this section shall be made at such time or times and in such amounts as the Commissioner of Social Security (referred to in this section as the Commissioner (c) Reduction of benefits under this section shall be made after any applicable reductions under section 203(a) and section 224, but before any other applicable deductions under section 203. (d) (1) Subject to paragraph (2), if the Commissioner determines that an individual may be eligible for unemployment compensation which would give rise to a reduction of benefits under this section, the Commissioner may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual's wages and self-employment income, that such individual certify— (A) whether the individual has filed or intends to file any claim for unemployment compensation, and (B) if the individual has filed a claim, whether there has been a decision on such claim. (2) For purposes of paragraph (1), the Commissioner may, in the absence of evidence to the contrary, rely upon a certification by the individual that the individual has not filed and does not intend to file such a claim, or that the individual has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205(i). (e) Whenever a reduction in total benefits based on an individual's wages and self-employment income is made under this section for any month, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit. (f) (1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Commissioner may require for purposes of making a timely determination of the amount of the reduction, if any, required by this section in benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section. (2) The Commissioner is authorized to enter into agreements with States, political subdivisions, and other organizations that administer unemployment compensation, in order to obtain such information as the Commissioner may require to carry out the provisions of this section. (g) For purposes of this section, the term unemployment compensation section 85(b) . (b) Conforming amendment Section 224(a) of the Social Security Act ( 42 U.S.C. 424a(a) the age of 65 retirement age (as defined in section 216(l)(1)) (c) Effective date The amendments made by subsections (a) and (b) shall apply to benefits payable for months beginning on or after the date that is 12 months after the date of enactment of this section. 9. Reduction of nonMedicare, nondefense direct spending Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a (11) Additional reduction of nonMedicare, nondefense direct spending (A) In general For each of fiscal years 2015 through 2023, in addition to the reduction in direct spending under paragraph (6), on the date specified in paragraph (2), OMB shall prepare and the President shall order a sequestration, effective upon issuance, reducing the spending described in subparagraph (B) by the uniform percentage necessary to reduce such spending for the fiscal year by $1,333,000,000. (B) Spending covered The spending described in this subparagraph is spending that is— (i) nonexempt direct spending; (ii) not spending for the Medicare programs specified in section 256(d); and (iii) within the revised nonsecurity category. . January 16, 2014 Read the second time and placed on the calendar

A bill to provide for the extension of certain unemployment benefits, and for other purposes.

Better Care, Lower Cost Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to establish an integrated chronic care delivery program (Better Care Program or BCP) that promotes accountability and better care management for chronically ill patient populations and coordinates items and services under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), and D (Voluntary Prescription Drug Benefit Program), while encouraging investment in infrastructure and redesigned care processes that result in high quality and efficient service delivery for the most vulnerable and costly populations. Requires the program to include specified elements and focus on long-term cost containment and better overall health of the Medicare population by implementing through qualified BCPs strategies that prevent, delay, or minimize the progression of illness or disability associated with chronic conditions. Amends SSA title XIX (Medicaid) to require a state to pay the Secretary, with certain adjustments, for full benefit dual eligible individuals (eligible for both Medicare and Medicaid) enrolled in a qualified BCP. Makes Medicare the primary payor for such individuals. Amends SSA title XVIII part C (Medicare+Choice Program) to direct the Secretary to establish procedures for the transition of special needs individuals to a Medicare Advantage plan qualified BCPs. Prohibits any Medicare supplemental (Medigap) policy from covering cost-sharing for items and services (other than certain emergent services) furnished to an enrollee in a qualified BCP by a service provider or supplier that is not a qualified BCP professional. Revises requirements for the initial preventive physical examination (Welcome to Medicare visit) and annual wellness visits for BCP eligible individuals. Directs the Secretary, acting through the Agency for Healthcare Research and Quality, to designate and provide core funding for at least three Chronic Care Innovation Centers. Establishes new curricula requirements for direct and indirect graduate medical education payments that address the need for team-based care and chronic care management, including palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool.

To amend title XVIII of the Social Security Act to establish a Medicare Better Care Program to provide integrated care for Medicare beneficiaries with chronic conditions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Better Care, Lower Cost Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare Better Care Program. Sec. 4. Chronic special needs plans. Sec. 5. Improvements to welcome to Medicare visit and annual wellness visits. Sec. 6. Chronic care innovation centers. Sec. 7. Curricula requirements for direct and indirect graduate medical education payments. 2. Findings Congress makes the following findings: (1) The field of medicine is ever-evolving and we need a highly skilled, team-oriented workforce that can meet the health care needs of today as well as the health care challenges of tomorrow. (2) The Medicare program should recognize the growing uses and benefits of health technology in delivering quality and cost-efficient care by encouraging the use of telemedicine and remote patient monitoring. 3. Medicare Better Care Program (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899B. Medicare Better Care Program (a) Establishment (1) In general Not later than January 1, 2017, the Secretary shall establish an integrated chronic care delivery program (in this section referred to as the program (A) focus on long-term cost containment and better overall health of the Medicare population by implementing through qualified BCPs (as described in paragraph (2)(A)) strategies that prevent, delay, or minimize the progression of illness or disability associated with chronic conditions; and (B) include the program elements described in paragraph (2). (2) Program elements The following program elements are described in this paragraph: (A) A health plan or group of providers of services and suppliers, or a health plan working with such a group, that the Secretary certifies in accordance with subsection (e) as meeting criteria developed by the Secretary to recognize the challenges of managing a chronically ill population, including patient satisfaction and engagement, quality measurement developed specifically for a chronically ill population, and effective use of resources and providers, may manage and coordinate care for BCP eligible individuals through an integrated care network, or Better Care Program (referred to in this section as a qualified BCP (B) Payments to a qualified BCP shall be made in accordance with subsection (g). (C) Implementation of the program shall focus on physical, behavioral, and psychosocial needs of BCP eligible individuals. (D) Quality and cost containment are considered interdependent goals of the program. (E) The calculation of long-term cost savings is dependent on qualified BCPs delivering the full continuum of covered primary, post-acute care, and social services using capitated financing. (3) Targeted participation (A) In general In certifying qualified BCPs throughout the country, the Secretary shall give priority to areas— (i) that do not have a concentration of accountable care organizations under section 1899; and (ii) with a high burden of chronic conditions. (B) Initial requirement In the first 5 years of the program, at least 50 percent of all new qualified BCPs certified nationwide by the Secretary shall be from counties or regions, as determined by the Secretary, where the prevalence of the most costly chronic conditions is at or greater than 125 percent of the national average. (C) Restricting the number of participating BCPs (i) In general The Secretary shall take into account geography, urban and rural designations, and the population case mix that will be served, when selecting BCPs for participation. (ii) Limitation during the first four program years During the first four years of the program, the total number of qualified BCPs certified by the Secretary shall not exceed 250. (iii) No limitation during fifth and subsequent program years During the fifth year and any subsequent year of the program, the Secretary may certify any BCP that meets the requirements to be certified as a qualified BCP. (4) Alignment with approved State plan waivers In certifying qualified BCPs, the Secretary shall ensure alignment with other approved waivers of State plans under title XIX. (b) Definition of BCP eligible individuals (1) Definition For purposes of this section, the term BCP eligible individual (A) is entitled to benefits under part A and enrolled under parts B and D, including an individual who is enrolled in a Medicare Advantage plan under part C, an eligible organization under section 1876, or a PACE program under section 1894; and (B) is medically complex given the prevalence of chronic disease that actively and persistently affects their health status, and absent appropriate care interventions, causes them to be at enhanced risk for hospitalization, limitations on activities of daily living, or other significant health outcomes. (2) Dual eligible individuals An individual who is dually eligible for Medicare and Medicaid shall not be excluded from enrolling in a qualified BCP. Dually eligible beneficiaries enrolled in a qualified BCP will see the full scope of their benefits under this title and title XIX (other than long-term care) managed by the qualified BCP. (c) Notification and enrollment (1) Notification Not later than October 1 of each year, the Secretary shall use all available tools, including the notice mailed annually under section 1804(a) and State health insurance assistance programs, to notify BCP eligible individuals of qualified BCPs in their area for the upcoming plan year. Such information shall also be easily accessible on the Internet website of the Centers for Medicare & Medicaid Services. (2) Enrollment The Secretary shall establish procedures under which BCP eligible individuals may voluntarily enroll in a qualified BCP at the following times: (A) During the annual, coordinated election period under section 1851(e)(3)(B). (B) During or following (for a length of time determined by the Secretary)— (i) an initial preventive physical examination (as defined in section 1861(ww)); or (ii) any subsequent visit where a chronic condition is identified or a previous condition is identified as having escalated to the level of a chronic condition. (d) Patient assessment (1) Standardized functional and health risk assessment (A) Minimum guidelines Not later than January 1, 2016, the Secretary shall publish minimum guidelines for qualified BCPs to furnish to enrollees a health information technology-compatible, standardized, and multidimensional risk assessment that— (i) assesses and quantifies the medical, psychosocial, and functional status of an enrollee; and (ii) includes a mechanism to determine the level of patient activation and ability to engage in self-care of an enrollee. (B) Updating Not less frequently than once every 3 years, the Secretary shall, through rulemaking, update such minimum guidelines to reflect new clinical standards and practices, as appropriate. (2) Individual patient-centered chronic care plan (A) Model plan Not later than January 1, 2016, the Secretary shall publish minimum guidelines for qualified BCPs to develop individual patient-centered chronic care plans for enrollees. Such a plan shall— (i) allow health professionals to incorporate the medical, psychosocial, and functional components identified in the risk assessment described in paragraph (1)(A)(i); (ii) provide a framework that can be easily integrated into electronic health records, allowing clinicians to make timely, accurate, evidence-based decisions at the point of care; and (iii) allow for the provider to describe how services will be provided to the enrollee. (B) Use of technology for patient self care (i) In general Whenever appropriate, the individual patient-centered chronic care plan of an enrollee shall include the use of technologies that enhance communication between patients, providers, and communities of care, such as telehealth, remote patient monitoring, Smartphone applications, and other such enabling technologies, that promote patient engagement and self care while maintaining patient safety. (ii) Coordination and development of streamlined pathway The Secretary shall work with the Office of the National Coordinator for Health Information Technology and the Department of Health and Human Services Chief Technology Officer to develop a streamlined pathway for the use of mobile applications and communications devices that effectively enhance the experience of the patient while maintaining patient safety and cost-effectiveness. Such pathway shall not duplicate existing efforts. (e) Qualified BCP providers (1) Criteria (A) In general Any health plan, provider of services, or group of providers of services and suppliers, who agrees to meet the requirements described in paragraph (2) and is specified in subparagraph (C) may form a multidisciplinary team of health professionals to be certified as a qualified BCP. Those providers may also choose to partner with a qualified insurer to become a qualified BCP. (B) No preemption of state licensure laws Nothing in this section shall preempt State licensure laws. (C) Groups of providers and suppliers specified (i) In general As determined appropriate by the Secretary, the following health plans, providers of services, or groups of providers of services and suppliers, that meet the criteria described in clause (ii) may be certified as qualified BCPs under the program: (I) Health professionals acting as part of a multidisciplinary team. (II) Networks of individual practices of health professionals that may include community health centers, Federally qualified health centers, rural health clinics, and partnerships or affiliations with hospitals. (III) Health plans that meet appropriate network adequacy standards, as determined by the Secretary, and that include providers with experience and interest in managing a population with chronic conditions. (IV) Independent health professionals partnering with an independent risk manager. (V) Such other groups of providers of services or suppliers as the Secretary determines appropriate. (ii) Criteria described The following criteria are described in this clause: (I) Demonstrated capacity to manage the full continuum of care (other than long-term care) for the specialized population of BCP eligible individuals. (II) Having a high rate of Medicare customer satisfaction, when applicable, or partnering with providers of services or suppliers with such a demonstrated high satisfaction rate. (2) Requirements A qualified BCP shall meet the following requirements: (A) The qualified BCP shall be accountable for the quality, cost, and overall care of enrolled BCP eligible individuals and agree to be at financial risk for that enrolled population. A qualified BCP shall be established with the objective of serving BCP eligible individuals. (B) The qualified BCP shall be responsible for the full continuum of care (other than long-term care) for enrollees. This continuum shall include medical care, skilled nursing and home health services, behavioral health care, and social services. The qualified BCP may not actively restrict an enrollee's access to providers based on a practitioner’s license or medical specialty based on cost alone. (C) The qualified BCP shall primarily consist of a care team tasked with responding to, treating, and actively supporting the needs of BCP eligible individuals. The care team shall also develop a care plan for each eligible BCP enrollee and use it as a tool to execute effective care management and transitions. (D) The qualified BCP shall include physicians, nurse practitioners, registered nurses, social workers, pharmacists, and behavioral health providers who commit to caring for BCP eligible individuals. (E) The qualified BCP shall enter into an agreement with the Secretary to participate in the program under this section for not less than a 3-year period. (F) The qualified BCP shall include adequate numbers of primary care and other relevant professionals that can effectively care for the number of BCP eligible individuals enrolled in the qualified BCP. (G) The qualified BCP shall provide the Secretary with such information regarding qualified BCP professionals participating in the qualified BCP necessary to support the enrollment of BCP eligible individuals in a qualified BCP, including evidence relating to high patient satisfaction when available, the implementation of quality reporting and other reporting requirements, and evidence to support a determination of capitated payments in accordance with subsection (g). (H) The qualified BCP shall have in place a structure that includes clinical and administrative systems, including health information technology, that supports the integration of services and providers across sites of care. (I) The qualified BCP may develop a collaborative partnership that supports the mission of the BCP with each of the following: (i) A regional or national Chronic Care Innovation Center under section 6 of the Better Care, Lower Cost Act (ii) A regional or national Center of Innovation (COIN) of the Department of Veterans Affairs Health Services Research and Development Service to identify and implement best practices— (I) to increase access to, and implementation of, prevention and wellness tools; (II) to integrate physical and behavior health care with social services; (III) to promote evidence-based medicine and patient engagement; (IV) to coordinate care across providers and care settings; (V) to allow more patients to be cared for in their homes and communities; (VI) to reduce hospital readmissions; (VII) to improve health outcomes for patients with chronic conditions; and (VIII) to report on quality improvement and cost measures. (iii) A regional or national Telehealth Resource Center of the Health Resources and Services Administration (HRSA) Office for the Advancement of Telehealth to create an interactive, online resource for qualified BCP professionals who may need additional training or assistance in managing the needs of a complex patient population, including— (I) continuing training and education and mentoring for qualified BCP professionals at any level of licensure; (II) clinician support for complex patients by an expert panel; (III) remote access to regional, national, and international experts in the field; (IV) forums for best practices to be discussed among qualified BCP professionals; (V) inter-professional education supporting optimal communication between members of a chronic care team; and (VI) continuing training on the use of telehealth, remote patient monitoring, and other such enabling technologies. (J) The qualified BCP shall demonstrate to the Secretary that it meets person-centeredness criteria specified by the Secretary in collaboration with accreditation organizations, including the use of patient and caregiver assessments and the use of individual patient-centered chronic care plans for each enrollee (as described in subsection (d)(2)). (K) The qualified BCP may identify and respond to unique cultural, social, and economic needs of a community that impact access to, and quality of, healthcare. (L) The qualified BCP shall provide care across settings, including in the home as needed. (M) The qualified BCP shall demonstrate financial solvency (as determined by the Secretary). (N) The qualified BCP shall demonstrate the ability to partner with providers of social and behavioral health services within the community. (O) The qualified BCP shall engage in continuing education on chronic care, on an ongoing basis (as determined necessary by the Chronic Care Innovation Center under the partnership under subparagraph (J)(i)), in collaboration with the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, and the Department of Veterans Affairs. (f) Implementing value-Based insurance design (1) In general (A) Election A qualified BCP may elect to provide value-based Medicare coverage in accordance with this subsection. (B) Inclusion of original Medicare fee-for-service program benefits Subject to subparagraph (C), enrollees in a qualified BCP that elects to provide value-based Medicare coverage under this subsection shall receive such coverage that includes items and services for which benefits are available under parts A and B to individuals entitled to benefits under part A and enrolled under part B, with cost-sharing for those items and services as described in subparagraph (C). (C) Cost-sharing Cost-sharing described in this subparagraph, with respect to an enrollee in a qualified BCP that makes such an election, is varied cost-sharing approved by the Secretary to incentivize the use of high-value, high-quality services that have been clinically proven to benefit BCP eligible individuals. (D) Changes in coverage The Secretary, in consultation with experts in the field, shall establish a process for qualified BCPs to submit value-based Medicare coverage changes that encourage and incentivize the use of evidence-based practices that will drive better outcomes while ensuring patient protections and access are maintained. (E) No requirement for coverage of long-term care services In no case shall a qualified BCP be required to provide to enrollees coverage for long-term care services. (2) Qualified BCP participation (A) Continued access Subject to subparagraph (B), enrollees in a qualified BCP shall continue to have access to all providers of services and suppliers under this title. (B) No application of varied cost-sharing for nonparticipating providers of services and suppliers (i) In general The varied cost-sharing under paragraph (1)(B) shall only apply to items and services furnished by qualified BCP professionals of a qualified BCP that makes an election under paragraph (1). In the case where items and services are furnished by a provider of services or supplier who is not such a qualified BCP professional, the cost-sharing applicable for those items and services will be the cost-sharing as required under parts A and B, or an actuarially equivalent level of cost-sharing as determined by the Secretary. (ii) Notification A BCP eligible individual shall be notified and counseled prior to the time of enrollment on potential changes in out-of-pocket costs that may occur if care is provided by a provider of services or supplier that is not a qualified BCP professional. (3) Limitations on out-of-pocket expenses outside a qualified BCP (A) In general Out-of-pocket costs, including individual beneficiary copayments, with respect to items and services furnished by a provider of services or supplier who is not a qualified BCP professional shall not exceed what would otherwise have been paid with respect to the item or service under the original Medicare fee-for-service program under parts A and B for the same services or an actuarially equivalent level of cost-sharing as determined by the Secretary, or, in the case of a dual eligible individual, under the Medicaid program under title XIX. (B) Prohibition on coverage of cost-sharing for certain items and services furnished to an enrollee outside of a qualified BCP under Medigap policies For provisions relating to prohibition on coverage of cost-sharing for items and services (other than emergent services, as defined by the Secretary) furnished to an enrollee outside of a qualified BCP under Medigap policies, see section 1882(z). (4) Prescription drug coverage (A) Drug plan option (i) In general A health plan certified as a qualified BCP may provide enrollees with a drug plan option specifically designed to reflect the medication needs of enrollees. (ii) Application of part D provisions (I) In general Except as otherwise provided in this section, the provisions of part D shall apply to a drug plan option offered by a qualified BCP under clause (i) in the same manner as such provisions apply to a prescription drug plan offered by a PDP sponsor under such part. (II) Limitation of enrollment A qualified BCP offering such a drug plan option may limit enrollment in the drug plan option to enrollees in the qualified BCP. (III) Waiver The Secretary may waive such provisions of part D as are necessary to carry out this section. (B) Agreement with prescription drug plans A qualified BCP managed by a group of providers of services may enter into an agreement with a PDP sponsor of a prescription drug plan under part D to establish and encourage individuals enrolled in the qualified BCP to enroll in a prescription drug plan under such part that is better suited to the needs of chronically ill individuals. (C) Limitation A drug plan option offered by a qualified BCP under subparagraph (A)(i) shall not have the authority to increase out-of-pocket limits otherwise applicable under part D. (g) Payments and treatment of savings (1) Payments to qualified BCPs on a capitated basis (A) In general In the case of a qualified BCP under this section, the Secretary shall make prospective monthly payments of a capitation amount for each BCP eligible individual enrolled in the qualified BCP in the same manner and from the same sources as payments are made to a Medicare Advantage organization under section 1853. Such payments shall be subject to adjustment in the manner described in section 1853(a)(2) or section 1876(a)(1)(E), as the case may be. (B) Capitation amount The capitation amount to be applied under this paragraph for a qualified BCP for each enrollee for a year shall be 1/12 per member per month payment (C) Determining the Rate Using Risk Relevant Control Group (i) Relevant Rate (I) Identification of beneficiary grouping Using claims data, the Secretary shall identify a group of beneficiaries who have similar health risk characteristics, and have sought care in the same county, multi-county, or State level (as determined appropriate by the Secretary to establish a payment area) to the population the qualified BCP is tasked with serving. To the extent feasible for a statistically valid control group, the health risk of such group shall reflect social characteristics, such as income, as well as medical risk. (II) Determination of relevant rate The per capita spending amounts under this title and, as appropriate, title XIX, of the group of beneficiaries identified under subclause (I) shall determine the relevant rate (ii) Benchmark Rate The Secretary shall establish the benchmark rate for a qualified BCP service area for each year of the program by updating the relevant rate determined under clause (i) with the projected change in per capita spending for the group of beneficiaries identified under clause (i)(I) for the payment area described in such clause, as determined by the Chief Actuary of the Centers for Medicare & Medicaid Services. (iii) Adjustment for health status (I) Comparison of health status The Secretary shall establish a risk score mechanism to compare the health status of an enrollee in a qualified BCP to the average health risk of group of beneficiaries identified under clause (i)(I). (II) Inclusion of number of conditions The Secretary shall provide that a risk score under the mechanism under this clause, with respect to an individual, includes an indicator for the number of chronic conditions with which the individual has been diagnosed. (III) Use of 2 years of diagnosis data The Secretary shall ensure that such risk score, with respect to an individual reflects not less than 2 years of diagnosis data, to the extent available. (IV) Adjustment for health status The per member per month payment to the qualified BCP for each enrollee shall be adjusted depending on how the individual risk profile of the enrollee compares to the average health status of such group of beneficiaries. If an enrollee has a risk profile that is not as severe as the average health status of such group of beneficiaries, then the per member per month shall be decreased to reflect the healthier (D) Shared risk payments for certain qualified BCPs during first 3 years of the program (i) In general This subparagraph shall only apply to qualified BCPs offered by a group of providers of services and suppliers during the first 3 years of the program under this section. (ii) Sharing of risk to alleviate outliers The Secretary shall determine shared risk payments and recoupments under this subparagraph for a qualified BCP described in clause (i) as follows: (I) Determination of gain or loss The Secretary shall, for each of the first 3 years of the program under this section, determine the percentage of gain or loss for the qualified BCP in providing benefits to enrollees under this section. (II) Gain or loss greater than 5 percent If the Secretary determines the qualified BCP has a gain or loss for the year of greater than 5 percent, the qualified BCP shall bear 100 percent of the risk or reward of such loss or gain. (III) Gain or loss of not less than 2 and not greater than 5 percent If the Secretary determines the qualified BCP has a gain or loss for the year of not less than 2 percent but not greater than 5 percent— (aa) the qualified BCP shall bear 80 percent of the risk or reward, as applicable, of such loss or gain; and (bb) the Secretary shall bear 20 percent of the risk or reward, as applicable, of such loss or gain. (IV) Gain or loss between 0 and 2 percent If the Secretary determines the qualified BCP has a gain or loss for the year of greater than 0 percent but less than 2 percent— (aa) the qualified BCP shall bear 50 percent of the risk or reward, as applicable, of such loss or gain; and (bb) the Secretary shall bear 50 percent of the risk or reward, as applicable, of such loss or gain. (iii) Provision of information A qualified BCP shall provide to the Secretary such information as the Secretary determines is necessary to carry out this subparagraph. (E) Bid submission Beginning with the fourth year of the program, a qualified BCP shall submit a bid for participation in the program for the year that reflects the experience of the qualified BCP— (i) in managing the care of the enrolled population; and (ii) in managing such care given the relevant rate determined under subparagraph (C). (F) Quality Bonus system (i) In general The Secretary shall establish a quality bonus system whereby the Secretary distributes bonus payments to qualified BCPs that meet the requirements described in clause (iii) and other standards specified by the Secretary, which may include a focus on quality measurement and improvement, delivering patient-centered care, and practicing in integrated health systems, including training in community-based settings. In developing such standards, the Secretary shall collaborate with relevant stakeholders, including program accrediting bodies, certifying boards, training programs, health care organizations, health care purchasers, and patient and consumer groups. (ii) Determination of quality bonuses Quality bonuses to the BCP shall be based on a comparison of the quality of care provided by the qualified BCP to enrollees to the quality of care provided to beneficiaries not enrolled in a qualified BCP or a Medicare Advantage plan under part C in the same region. For not less than the first 5 years of the program under this section, quality measures for the geographic region shall be based on local standards of care, and not on a national standard. For subsequent years, appropriate national standards shall be considered for inclusion in the comparison of the quality of care under this subparagraph. (iii) Requirements A qualified BCP is eligible for quality bonuses under this subparagraph if— (I) the qualified BCP meets quality performance standards under subsection (h)(3); and (II) the qualified BCP meets the requirements under subsection (e)(2). (h) Quality and other reporting requirements (1) In general The Secretary shall develop and implement, with assistance and input of relevant experts in the field and the National Strategy for Quality Improvement in Health Care, appropriate measures for BCP eligible individuals. The Secretary shall determine appropriate measures under this title and title XIX to assess the quality of care furnished by a qualified BCP, as well as those measures that are no longer appropriate and shall be removed from use. Such measures shall include measures— (A) of clinical processes and outcomes; (B) of patient and, where practicable, caregiver experience of care, including measurement that enhances patient activation and engagement; (C) of utilization (such as rates of hospital admissions for ambulatory care sensitive conditions); (D) of care coordination, management, and transitions; and (E) that appropriately align with the National Strategy for Quality Improvement in Health Care. The Secretary may use existing measures under this title, title XIX, or any other health care program, as appropriate, under this paragraph. (2) Reporting requirements A qualified BCP shall submit data in a form and manner specified by the Secretary which is not overly burdensome to the qualified BCP, on measures the Secretary determines necessary for the qualified BCP to report in order to evaluate the quality of care furnished by the qualified BCP. Such data reporting shall emphasize patient-centered measurement (3) Quality performance standards The Secretary shall establish quality performance standards to assess the quality of care furnished by qualified BCPs. The Secretary shall seek to improve the quality of care furnished by qualified BCPs over time by specifying higher standards, new measures, or both for purposes of assessing such quality of care. The Secretary shall also include a process for retiring measures that are no longer adequately contributing to improving standards of care at the greatest possible value. (4) Other reporting requirements and call for alignment The Secretary shall, as the Secretary determines appropriate, incorporate and align reporting requirements and incentive payments related to the physician quality reporting system under section 1848, including those related to reporting on quality measures under subsection (m) of that section, reporting requirements under subsection (o) of that section relating to meaningful use of electronic health records, the establishment of a value-based payment modifier under subsection (p) of that section, and other similar initiatives under that section, and may use alternative criteria than would otherwise apply under section 1848 for determining whether to make such payments to qualified BCP professionals. The incentive payments described in the preceding sentence shall not be taken into consideration when calculating any payments otherwise made under subsection (g). (i) Beneficiary protections The Secretary shall ensure that, to the extent consistent with this section, a qualified BCP offers beneficiary protections applicable to beneficiaries under this title and, as applicable, title XIX. (j) Payment of medicare cost-Sharing for dual eligible individuals In the case of a dual eligible individual enrolled in a qualified BCP, the Secretary may provide for the payment of medicare cost-sharing (as defined in section 1905(p)(3)) that would otherwise be available under the State plan under title XIX if the individual was not enrolled in the qualified BCP. (k) Definitions In this section: (1) Alternative payment model (APM) The term alternative payment model (A) A model under section 1115A (other than a health care innovation award). (B) An accountable care organization under section 1899. (C) A demonstration under section 1866C. (D) A demonstration required by Federal law. (E) A qualified BCP. (2) Hospital The term hospital (3) Qualified BCP professional The term qualified BCP professional . (b) Federal assumption of medicaid costs for full benefit dual eligible individuals enrolled in a qualified BCP Title XIX of the Social Security Act is amended by inserting after section 1943 the following new section: 1944. Federal assumption of medicaid costs for full benefit eligible individuals enrolled in a qualified BCP (a) State contribution (1) In general The State shall provide for payment to the Secretary for each month in an amount determined under paragraph (2)(A) for each applicable dual eligible BCP enrollee for such State. (2) State contribution amount (A) In general Subject to subparagraph (C), the amount determined under this paragraph for a State for a month in a year is equal to the product described in subparagraph (A) of section 1935(c)(1) for the State for the month, except that the reference in such subparagraph to the total number of full-benefit dual eligible individuals shall be deemed a reference to the total number of applicable dual eligible BCP enrollees. (B) Form and manner of payment The provisions of subparagraphs (B) through (D) of section 1935(c)(1) shall apply to payment by a State to the Secretary under this paragraph in the same manner as such subparagraphs apply to payment under section 1935(c)(1)(A). (C) Application of different factors In applying subparagraph (A), the following shall be substituted under paragraphs (2) and (3) of section 1935(c): (i) The base year State Medicaid per capita expenditures for covered part D drugs described in subparagraph (A)(i)(I) of such paragraph (2) shall be deemed to be the per capita expenditures for health care items and services that would apply (including any medicare cost-sharing), with respect to an applicable dual eligible BCP enrollee, if such an individual received benefits only under title XVIII (and not the State plan under this title). (ii) Any reference to expenditures for covered part D drugs or for prescription drug benefits shall be deemed a reference to the expenditures for health care items and services described in clause (i). (iii) Any reference to 2003 or 2004 shall be deemed a reference to 2017 or 2018, respectively. (iv) Any reference to a full-benefit-dual-eligible individual shall be deemed a reference to an applicable dual eligible BCP enrollee. (v) The applicable growth factor under section 1935(c)(4) for a year, with respect to a State, shall be the average annual percentage change (to that year from the previous year) of the expenditures of the State under the State plan under title XIX. (vi) The factor described in section 1935(c)(5) is deemed to be 90 percent. (3) Applicable dual eligible BCP enrollee For purposes of this section, the term applicable dual eligible BCP enrollee (b) Coordination of benefits (1) Medicare as primary payor In the case of an applicable dual eligible BCP enrollee, notwithstanding any other provision of this title, medical assistance is not available under this title for health care items or services (or for any cost-sharing respecting such health care items and services), and the rules under this title relating to the provision of medical assistance for such health care items and services shall not apply. The provision of benefits with respect to such health care items and services shall not be considered as the provision of care or services under the plan under this title. No payment may be made under section 1903(a) for health care items and services for which medical assistance is not available pursuant to this paragraph. (2) Coverage of long-term care services In the case of medical assistance under this title with respect to coverage of long-term care services furnished to an applicable dual eligible BCP enrollee, the State may elect to provide such medical assistance in the manner otherwise provided in the case of individuals who are not full-benefit dual eligible individuals or through an arrangement with such qualified BCP. In no case shall a qualified BCP be required to provide to enrollees coverage of long-term care services. . (c) State marketing materials for dually eligible individuals (1) State plan requirement Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (A) in paragraph (80), by striking and (B) in paragraph (81), by striking the period at the end and inserting ; and (C) by inserting after paragraph (81) the following: (82) provide that any marketing materials distributed by the State that are directed at dual eligible individuals (as defined in section 1915(h)(2)(B)) include information on qualified BCPs offered under section 1899B. . (2) Effective date The amendments made by this section shall apply to calendar quarters beginning on or after January 1, 2017, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (d) Prohibition on coverage of cost-Sharing for certain items and services furnished to an enrollee outside of a qualified BCP under Medigap policies Section 1882 of the Social Security Act ( 42 U.S.C. 1395ss (z) Prohibition on coverage of cost-Sharing for certain items and services furnished to an enrollee outside of a qualified BCP and development of new standards for medicare supplemental policies (1) Development The Secretary shall request the National Association of Insurance Commissioners to review and revise the standards for benefit packages under subsection (p)(1), taking into account the changes in benefits resulting from the enactment of the Better Care, Lower Cost Act 1991 NAIC Model Regulation date of enactment of this subsection Better Care, Lower Cost Act (2) Cost-sharing requirements The cost-sharing requirements described in this paragraph are that, notwithstanding any other provision of law, no medicare supplemental policy may provide for coverage of cost-sharing with respect to items and services (other than emergent services, as defined by the Secretary) furnished to an individual enrolled in a qualified BCP under section 1899B by a provider of services or supplier that is not a qualified BCP professional (as defined in section 1899B(k)). (3) Renewability The renewability requirement under subsection (q)(1) shall be satisfied with the renewal of the revised package under paragraph (1) that most closely matches the policy in which the individual was enrolled prior to such revision. . 4. Chronic special needs plans Section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 (1) in subsection (f)(4)— (A) by striking In the case of Subject to subsection (h), in the case of (B) by adding at the end the following flush text: Notwithstanding any other provision of this section, on or after January 1, 2014, the Secretary shall establish procedures for the transition of those individuals to a Medicare Advantage plan qualified BCP in accordance with subsection (h). ; and (2) by adding at the end the following new subsection: (h) Medicare Advantage plan qualified BCPs (1) In general A Medicare Advantage plan that is certified as a qualified BCP (referred to in this subsection as a Medicare Advantage plan qualified BCP (A) is deemed to be a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii); and (B) may enroll such special needs individuals. (2) Specialized benefit packages A Medicare Advantage plan qualified BCP shall have the flexibility to offer specialized benefit packages to enrollees described in subsection (b)(6)(B)(iii), consistent with the value-based insurance requirements under section 1899B(f). (3) Application of BCP requirements A Medicare Advantage plan qualified BCP shall be subject to all requirements applicable to a qualified BCP under section 1899B, including enrollment periods under subsection (c) of that section, applicable criteria relating to network adequacy, requirements with respect to individual patient-centered chronic care plans under subsection (d)(2) of that section, applicable criteria with respect to care management processes, and quality reporting under subsection (h) of that section. (4) Application of part C requirements The provisions of this part, including the provisions relating to specialized MA plans for special needs individuals described in subsection (b)(6)(B)(iii), shall apply to a Medicare Advantage plan qualified BCP to the extent they are consistent with the provisions of section 1899B. . 5. Improvements to welcome to Medicare visit and annual wellness visits (a) Welcome to Medicare visit Section 1861(ww)(1) of the Social Security Act (42 U.S.C. 1395x(ww)(1)) is amended by adding at the end the following new sentence: In the case of a BCP eligible individual (as defined in section 1899B(b)), such term includes a standardized functional and health risk assessment (as described in section 1899B(d)(1)) furnished by a qualified BCP professional (as defined in section 1899B(k)). (b) Annual wellness visit Section 1861(hhh)(1) of the Social Security Act (42 U.S.C. 1395x(h)(1)) is amended— (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (C) in the case of a BCP eligible individual (as defined in section 1899B(b)), that includes a standardized functional and health risk assessment (as described in section 1899B(d)(1)) furnished by a qualified BCP professional (as defined in section 1899B(k)). . (c) Effective date The amendments made by this section shall apply to services furnished on or after the date that is one year after the date of enactment of this Act. 6. Chronic care innovation centers (a) Designation Not later than October 1, 2016, the Secretary, acting through the Agency for Healthcare Research and Quality, shall designate and provide core funding for not less than three Chronic Care Innovation Centers. The Secretary shall develop a process for entities seeking to become a Chronic Care Innovation Center, and shall ensure sufficient geographic representation among those entities selected. The main objectives of such Centers shall include the following: (1) Improving the understanding of how to measure, monitor, and understand quality and efficiency for a patient population with substantial disease burden. (2) Rigorously examining alternative and innovative systems and strategies for efficiently improving quality and outcomes for common, serious, and chronic illnesses. (3) Developing and applying improved methodologies for informing policymakers regarding heterogeneity in the effectiveness and safety of proposed interventions, and assessing barriers to the implementation of high-priority care. (4) Studying organization and management practices that result in higher quality of care. (5) Defining and improving quality of care for patients with the chronic diseases prevalent in primary care settings. (6) Understanding the influence of race, ethnicity, and cultural factors on access, quality, and outcomes (such as clinical, patient-centered, health care utilization, and costs). (7) Evaluating new technology to enhance access to, and quality of care (such as telemedicine). (8) Assessing the use of patient self-management and behavioral interventions as a means of improving outcomes for Medicare beneficiaries with complex chronic conditions. (9) Understanding how management of care is affected when patients have multiple chronic conditions in which evidence or recommended guidelines are lacking, conflict with, or complicate overall care management. (10) Characterizing coordination of care within and across healthcare systems, including the Department of Veterans Affairs, the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (b) Requirements In order to be designated a Chronic Care Innovation Center under this section, each eligible entity must meet the following requirements: (1) Develop and implement a sustained research agenda in the field of chronic care. (2) Collaborate with local schools of public health and universities to carry out its mission. (3) Actively engage in the development of new, best practices for the delivery of care to the chronically ill. (4) Actively engage in the development and routine updating of quality measures for the chronically ill. (5) Have the ability to convene experts practiced in the needs of a chronically ill patient, including pharmacologists, psychiatrists, cardiologists, pulmonologists, rheumatologists, nutritionists and dieticians, social workers, and physical therapists. (6) Partner with the Secretary of Health and Human Services and the Secretary of Veterans Affairs (including the Center for Health Services Research in Primary Care of the Department of Veterans Affairs Health Services Research and Development Service), the medical community, medical schools, and public health departments through the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, and the Association of American Medical Colleges to routinely develop new, forward thinking, and evidence-based curricula that addresses the tremendous need for team-based care and chronic care management. Such curricula shall include palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool. (c) Oversight and evaluation (1) In general The Agency for Healthcare Research and Quality shall be responsible for oversight and evaluation of all Chronic Care Innovation Centers under this section. (2) Reports Not less frequently than every 3 years, the Agency for Healthcare Research and Quality shall submit to the Secretary of Health and Human Services and to Congress a report containing the findings of oversight and evaluations conducted under paragraph (1). (d) Contract authority In order to carry out this section, the Secretary may contract with existing Centers of Innovation (COINs) of the Department of Veterans Affairs Health Services Research and Development Service that meet the requirements described in subsection (c). (e) Authorization There are authorized to be appropriated such sums as are necessary to carry out this section. 7. Curricula requirements for direct and indirect graduate medical education payments (a) Direct graduate medical education payments Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (9) New curricula requirements (A) Development The Secretary shall engage with the medical community and medical schools in developing curricula that meets the following requirements: (i) The curricula is new, forward thinking, and evidence-based. (ii) The curricula addresses the need for team-based care and chronic care management. (iii) The curricula includes palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool. (B) Rural areas The curricula developed under subparagraph (A) shall include appropriate focus on care practices required for rural and underserved areas. (C) Limitation Notwithstanding the preceding provisions of this subsection, for cost reporting periods beginning on or after the date that is 5 years after the date of enactment of the Better Care, Lower Cost Act . (b) Indirect graduate medical education payments Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (1) by redesignating clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (2) by adding at the end the following new clause: (xii) Notwithstanding the preceding provisions of this subparagraph, effective for discharges occurring on or after the date that is 5 years after the date of enactment of the Better Care, Lower Cost Act .

Better Care, Lower Cost Act

Global Magnitsky Human Rights Accountability Act - Authorizes the President to impose U.S. entry and property sanctions against any foreign person (or entity) who: is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country seeking to expose illegal activity carried out by government officials, or to obtain, exercise, or promote human rights and freedoms; acted as an agent of or on behalf of a foreign person in such activities; is a government official responsible for, or complicit in, ordering or otherwise directing acts of significant corruption or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. Prescribes related penalties. Authorizes the President, with regard to such sanctions, to: (1) waive their application, with prior congressional notification, if in U.S. national security interests; and (2) terminate them under specified conditions. States that sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters, or other applicable international obligations of the United States. Directs the President to report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition.

To impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights, and for other purposes. 1. Short title This Act may be cited as the Global Human Rights Accountability Act 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Financial institution The term financial institution (3) Foreign person The term foreign person (4) Person The term person (5) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Identification of foreign persons responsible for gross violations of human rights (a) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information— (1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country seeking— (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; or (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1). (b) Updates The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Form (1) In general The list required by subsection (a) shall be submitted in unclassified form. (2) Exception The name of a foreign person to be included in the list required by subsection (a) may be submitted in a classified annex only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Consideration of certain information In preparing the list required by subsection (a), the President shall consider— (A) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and (B) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (4) Public availability The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (d) Removal from list A foreign person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the person from the list that— (1) credible information exists that the person did not engage in the activity for which the person was added to the list; (2) the person has been prosecuted appropriately for the activity in which the person engaged; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the person engaged, and has credibly committed to not engage in an activity described in paragraph (1) or (2) of subsection (a). (e) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees (1) In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to that chairperson and ranking member of the committee with respect to the status of the person. (2) Form The President may submit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal (A) In general If the President removes from the list required by subsection (a) a foreign person that has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to the removal decision. (B) Form of information The President may submit the information requested by subparagraph (A) in classified form if the President determines that it is necessary to the national security interests of the United States to do so. (f) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. 4. Inadmissibility of certain individuals (a) Ineligibility for visas An individual who is a foreign person on the list required by section 3(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current visas revoked The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection (a). (c) Waiver for national security interests (1) In general The Secretary of State may waive the application of subsection (a) or (b) in the case of an individual if— (A) the Secretary determines that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) before granting the waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for notice of certain waivers In the case of a waiver under subparagraph (A)(ii) of paragraph (1), the Secretary shall submit the notice required by subparagraph (B) of that paragraph not later than 15 days before granting the waiver. (d) Regulatory authority The Secretary of State shall prescribe such regulations as are necessary to carry out this section. 5. Financial measures (a) Freezing of assets (1) In general The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 (2) Exception Paragraph (1) shall not apply to foreign persons included on the classified annex under section 3(c)(2) if the President determines that such an exception is vital to the national security interests of the United States. (b) Waiver for national security interests The Secretary of the Treasury may waive the application of subsection (a) if the Secretary— (1) determines that such a waiver is in the national security interests of the United States; and (2) not later than 15 days before granting the waiver, provides to the appropriate congressional committees notice of, and a justification for, the waiver. (c) Enforcement (1) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (2) Requirements for financial institutions Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations requiring each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a foreign person on the list required by section 3(a) to certify to the Secretary that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection (a). (d) Regulatory authority The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. 6. Report to Congress Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of the Treasury shall each submit to the appropriate congressional committees a report on— (1) the actions taken to carry out this Act, including— (A) the number of foreign persons added to or removed from the list required by section 3(a) during the year preceding the report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) if few or no persons have been added to that list during that year, the reasons for not adding more persons to the list; and (2) efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this Act. 1. Short title This Act may be cited as the Global Magnitsky Human Rights Accountability Act 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (2) Foreign person The term foreign person (3) Person The term person (4) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Authorization of imposition of sanctions (a) In general The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence— (1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek— (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); (3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3). (b) Sanctions described The sanctions described in this subsection are the following: (1) Inadmissibility to United States In the case of a foreign person who is an individual— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. (2) Blocking of property (A) In general The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (c) Consideration of certain information in imposing sanctions In determining whether to impose sanctions under subsection (a), the President shall consider— (1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Requests by chairperson and ranking member of appropriate congressional committees Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— (1) determine if that person has engaged in such an activity; and (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes— (A) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (B) if the President imposed or intends to impose sanctions, a description of those sanctions. (e) Waiver for national security interests The President may waive the application of sanctions under this section with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) before granting the waiver, submits to the appropriate congressional committees notice of, and a justification for, the waiver. (f) Exception to comply with United Nations Headquarters Agreement Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (g) Enforcement of blocking of property A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out subsection (b)(2) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (h) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future. (i) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 4. Reports to Congress (a) In general Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that includes— (1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report; (2) a description of the type of sanctions imposed with respect to each such person; (3) the number of foreign persons with respect to which the President— (A) imposed sanctions under section 3(a) during that year; and (B) terminated sanctions under section 3(h) during that year; (4) the dates on which such sanctions were imposed or terminated, as the case may be; (5) the reasons for imposing or terminating such sanctions; and (6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3. (b) Form of report (1) In general The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 3(a). (c) Public availability (1) In general The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. June 26, 2014 Reported with an amendment

Global Magnitsky Human Rights Accountability Act

(This measure has not been amended since it was passed by the Senate on September 9, 2014. The summary of that version is repeated here.) Clifford P. Hansen Federal Courthouse Conveyance Act - Directs the Administrator of General Services (GSA) to offer to convey to Teton County, Wyoming, the parcel of land located at 145 East Simpson Street, Jackson, Wyoming, and the building on such land known as the Clifford P. Hansen Federal Courthouse. Directs the Administrator to require the County to pay: (1) nominal consideration for the parcel, and (2) fair market value for the building. Allows the Administrator, in lieu of the County's payment for the building, to accept any credits or waivers against lease payments, amounts expended by the County under facility maintenance agreements, or other charges for the continued occupancy or use by the federal government. Requires the deed for conveyance to include a covenant providing that the parcel and building will be for public use. Requires proceeds from the conveyance to be paid into the Federal Buildings Fund.

To direct the Administrator of General Services to convey the Clifford P. Hansen Federal Courthouse back to Teton County, Wyoming. 1. Short title This Act may be cited as the Clifford P. Hansen Federal Courthouse Conveyance Act 2. Definitions In this Act: (1) Administrator The term Administrator (2) County The term County 3. Conveyance of Federal courthouse to teton county, wyoming (a) In general Notwithstanding any other provision of law, the Administrator shall convey to the County, without consideration, all right, title, and interest of the United States in and to the building and site located at 145 East Simpson Street, Jackson, Wyoming, known as the Clifford P. Hansen Federal Courthouse (b) Administrative costs The Secretary shall require the County to pay all survey costs and other administrative costs necessary for the conveyance required under subsection (a). (c) Application of other laws The conveyance under subsection (a) is not subject to the provisions of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. 1. Short title This Act may be cited as the Clifford P. Hansen Federal Courthouse Conveyance Act 2. Definitions In this Act: (1) Administrator The term Administrator (2) County The term County (3) Courthouse The term Courthouse (A) the parcel of land located at 145 East Simpson Street, Jackson, Wyoming; and (B) the building located on the land described in subparagraph (A), which is known as the Clifford P. Hansen Federal Courthouse 3. Conveyance of Federal courthouse to teton county, wyoming (a) In general Notwithstanding any other provision of law, the Administrator shall offer to convey to the County all right, title, and interest of the United States in and to the Courthouse. (b) Consideration In exchange for the conveyance of the Courthouse to the County under this Act, the Administrator shall require the County to pay to the Administrator— (1) nominal consideration for the parcel of land described in section 2(3)(A); and (2) subject to subsection (c), consideration in an amount equal to the fair market value of the building described in section 2(3)(B), as determined based on an appraisal of the building that is acceptable to the Administrator. (c) Credits In lieu of all or a portion of the amount of consideration for the building described in section 2(3)(B), the Administrator may accept as consideration for the conveyance of the building under subsection (b)(2) any credits or waivers against lease payments, amounts expended by the County under facility maintenance agreements, or other charges for the continued occupancy or use by the Federal Government of the building. (d) Restrictions on use The deed for the conveyance of the Courthouse to the County under this Act shall include a covenant that provides that the Courthouse will be used for public use purposes. (e) Costs of Conveyance The County shall be responsible for paying— (1) the costs of an appraisal conducted under subsection (b)(2); and (2) any other costs relating to the conveyance of the Courthouse under this Act. (f) Proceeds (1) Deposit Any net proceeds received by the Administrator as a result of the conveyance under this Act, as applicable, shall be paid into the Federal Buildings Fund established under section 592 (2) Expenditure Amounts paid into the Federal Buildings Fund under paragraph (1) shall be available to the Administrator, in amounts specified in appropriations Acts, for expenditure for any lawful purpose consistent with existing authorities granted to the Administrator. (g) Additional terms and conditions The Administrator may establish such additional terms and conditions with respect to the conveyance under this Act as the Administrator considers to be appropriate to protect the interests of the United States. Amend the title so as to read: A bill to direct the Administrator of General Services to convey the Clifford P. Hansen Federal Courthouse to Teton County, Wyoming. June 5, 2014 Reported with an amendment and an amendment to the title

Clifford P. Hansen Federal Courthouse Conveyance Act

Diabetic Testing Supply Access Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to deny the Secretary of Health and Human Services (HHS) authority to restrict or eliminate a Medicare beneficiary's option of electing, regardless of delivery method (except by mail and private parcel service), to have diabetic testing supplies delivered to him or her by retail community pharmacies, including one that contracts with a long-term care facility, assisted living facility, group home, or other type of residential setting recognized by the state.

To amend title XVIII of the Social Security Act to restore access to diabetic testing supplies for Medicare beneficiaries. 1. Short title This Act may be cited as the Diabetic Testing Supply Access Act of 2014 2. Authority for retail community pharmacies to deliver diabetic testing supplies to Medicare beneficiaries (a) In general Section 1847(a) of the Social Security Act (42 U.S.C. 1395w–3(a)) is amended by adding at the end the following new paragraph: (8) Nothing in this section shall be construed as authorizing the Secretary (through regulation, guidance, instruction, or otherwise) to restrict or eliminate an individual’s option of electing, regardless of delivery method (except by mail and private parcel service), to have diabetic testing supplies delivered to the individual by a retail community pharmacy (as defined in section 1927(k)(10)), including a retail community pharmacy that contracts with a long-term care facility, assisted living facility, group home, or other type of residential setting recognized by the State. This paragraph shall not be construed as changing the amount of payment made under this part for diabetic testing supplies, but only as authorizing delivery of such supplies to individuals through retail community pharmacies. . (b) Effective date The amendment made by subsection (a) shall apply to diabetic testing supplies delivered on or after the date of the enactment of this Act.

Diabetic Testing Supply Access Act of 2014

Amends the Missing Children's Assistance Act to require the Office of Juvenile Justice and Delinquency Prevention's annual grant to the National Center for Missing and Exploited Children to be used (among other things) to operate a cyber tipline to provide online users and electronic service providers an effective means of reporting Internet-related child sexual exploitation in the area of child sex trafficking (currently, child prostitution). Amends the Crime Control Act of 1990 to require each state reporting on missing children to: (1) provide, with respect to each missing child report, a recent photograph of the child, if available; (2) direct the law enforcement agency that entered the report into the National Crime Information Center (NCIC) to verify and update such record with any additional information no later than 30 days after the original entry of the record into the state law enforcement system and NCIC computer networks and to maintain close liaison with state and local child welfare systems for the exchange of information and technical assistance; and (3) grant permission to the NCIC Terminal Contractor for the state to update the missing person record in the NCIC computer networks with additional information learned during the investigation relating to the missing person.

To improve the response to missing children and victims of child sex trafficking. 1. Response to missing children and victims of child sex trafficking (a) Missing Children's Assistance Act Section 404(b)(1)(P)(iii) of the Missing Children's Assistance Act ( 42 U.S.C. 5773(b)(1)(P)(iii) child prostitution child sex trafficking (b) Crime Control Act of 1990 Section 3702 of the Crime Control Act of 1990 ( 42 U.S.C. 5780 (1) in paragraph (2), by striking and (2) in paragraph (3)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) a recent photograph of the child, if available; ; and (3) in paragraph (4)— (A) in subparagraph (A), by striking 60 days 30 days (B) in subparagraph (B), by striking and (C) in subparagraph (C)— (i) by inserting State and local child welfare systems and the National Center for Missing and Exploited Children (ii) by striking the period at the end and inserting ; and (D) by adding at the end the following: (D) grant permission to the National Crime Information Center Terminal Contractor for the State to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person. .

A bill to improve the response to missing children and victims of child sex trafficking.

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Elections Preparedness Requires Early Planning (Elections PREP) Act - Amends the Help America Vote Act of 2002 to require each state to develop contingency plans to address unexpected emergencies or natural disasters that may threaten to disrupt the administration of an election for federal office. Requires a plan to contain: (1) alternative ways to notify the public of changes in election procedures; and (2) plans to address disruptions at every step of the voting process, including early voting.

To amend the Help America Vote Act of 2002 to require States to develop contingency plans to address unexpected emergencies or natural disasters that may threaten to disrupt the administration of an election for Federal office, and for other purposes. 1. Short title This Act may be cited as the Elections Preparedness Requires Early Planning (Elections PREP) Act 2. Contingency plans (a) In general (1) Contingency plans Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— (A) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (B) by inserting after section 303 the following new section: 304. Contingency plans (a) In general Each State shall develop contingency plans to address unexpected emergencies or natural disasters that may threaten to disrupt the administration of an election for Federal office in accordance with the following requirements: (1) The State shall develop the contingency plan in consultation with State emergency preparedness organizations (including State and local law enforcement agencies, State Offices and Agencies of Emergency Management, electric companies, and local fire departments). (2) The contingency plan shall contain— (A) alternative ways to notify the public of changes in election procedures; and (B) plans to address disruptions at every step of the voting process, including early voting. (3) The State shall review and update, as needed, the contingency plan not later than 180 days before each regularly scheduled general election for Federal office. (b) Certification of compliance If the State has not filed with the Commission a certification under section 253(a) for the fiscal year, the State shall file with the Commission a statement certifying that the State is in compliance with the requirements under this section. A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: ____________ hereby certifies that it is in compliance with the requirements under section 304 of the Help America Vote Act of 2002. (c) Effective date Each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2014 and for any subsequent election for Federal office. . (2) Conforming amendments (A) Section 401 of such Act ( 42 U.S.C. 15511 and 303 303, and 304 (B) The table of contents of such Act is amended— (i) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (ii) by inserting after the item relating to section 303 the following new item: Sec. 304. Contingency plans. . (b) Requirements for State plans Section 254(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15404(a) (15) How the State will develop contingency plans consistent with the requirements of section 304. . (c) Funding Notwithstanding any other provision of law, the Administrator of the Federal Emergency Management Agency may provide financial assistance to States under the emergency management performance grants program (as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. 42 U.S.C. 7701 et seq. 6 U.S.C. 762 April 10, 2014 Reported without amendment

Elections Preparedness Requires Early Planning (Elections PREP) Act

Quadrennial Energy Review Act of 2014 - Amends the Department of Energy Organization Act to direct the President to establish an interagency energy coordination council to coordinate the Quadrennial Energy Review to provide an integrated view of national energy objectives and federal energy policy, including maximum practicable alignment of research programs, incentives, regulations, and partnerships. Requires the President to report to Congress on the Quadrennial Energy Review, including an integrated view of short-, intermediate-, and long-term objectives for federal energy policy in the context of economic, environmental, and security priorities. Authorizes the President to prepare and publish interim reports as part of the Quadrennial Energy Review. Directs the Secretary of Energy to provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review.

To amend the Department of Energy Organization Act to replace the current requirement for a biennial energy policy plan with a Quadrennial Energy Review, and for other purposes. 1. Short title This Act may be cited as the Quadrennial Energy Review Act of 2014 2. Findings Congress finds that— (1) the President’s Council of Advisors on Science and Technology recommends that the United States develop a Governmentwide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense; (2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department; (3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role; (4) a Quadrennial Energy Review would— (A) establish integrated, Governmentwide national energy objectives in the context of economic, environmental, and security priorities; (B) coordinate actions across Federal agencies; (C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; and (D) provide a strong analytical base for Federal energy policy decisions; (5) a Quadrennial Energy Review should be established taking into account estimated Federal budgetary resources; (6) the development of an energy policy resulting from a Quadrennial Energy Review would— (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm; and (7) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from— (A) Congress; (B) the energy industry; (C) academia; (D) nongovernmental organizations; and (E) the public. 3. Quadrennial Energy Review (a) In general Section 801 of the Department of Energy Organization Act ( 42 U.S.C. 7321 801. Quadrennial Energy Review (a) Definitions In this section: (1) Director The term Director (2) Federal Laboratory (A) In general The term Federal Laboratory laboratory 15 U.S.C. 3710a(d) (B) Inclusion The term Federal Laboratory (3) Interagency energy coordination council The term interagency energy coordination council (4) Quadrennial energy review The term Quadrennial Energy Review (A) focuses on energy programs and technologies; (B) establishes energy objectives across the Federal Government; and (C) covers each of the areas described in subsection (d)(2). (b) Interagency energy coordination council (1) Establishment Not later than 90 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2013, and every 4 years thereafter, the President shall establish an interagency energy coordination council to coordinate the Quadrennial Energy Review. (2) Co-chairpersons The appropriate senior Federal Government official designated by the President and the Director shall be co-chairpersons of the interagency energy coordination council. (3) Membership The interagency energy coordination council shall be comprised of representatives at level I or II of the Executive Schedule of— (A) the Department of Energy; (B) the Department of Commerce; (C) the Department of Defense; (D) the Department of State; (E) the Department of the Interior; (F) the Department of Agriculture; (G) the Department of the Treasury; (H) the Department of Transportation; (I) the Office of Management and Budget; (J) the National Science Foundation; (K) the Environmental Protection Agency; and (L) such other Federal organizations, departments, and agencies that the President considers to be appropriate. (c) Conduct of review Each Quadrennial Energy Review shall be conducted to provide an integrated view of important national energy objectives and Federal energy policy, including the maximum practicable alignment of research programs, incentives, regulations, and partnerships. (d) Submission of Quadrennial Energy Review to Congress (1) In general Not later than August 1, 2015, and every 4 years thereafter, the President shall publish and submit to Congress a report on the Quadrennial Energy Review. (2) Inclusions The report described in paragraph (1) should include, as appropriate— (A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; (B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements— (i) to achieve the objectives described in subparagraph (A); and (ii) to be coordinated across multiple agencies; (C) an analysis of the prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including— (i) an analysis, by energy use sector, including— (I) commercial and residential buildings; (II) the industrial sector; (III) transportation; and (IV) electric power; (ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and (iii) other research that inform strategies to incentivize desired actions; (D) an assessment of policy options to increase domestic energy supplies and energy efficiency; (E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy; (F) an integrated plan for the involvement of the Federal Laboratories in energy programs; (G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs; (H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; (I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; (J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public-private partnerships, loans, and loan guarantees; (K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation; (L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including consideration of— (i) Federal tax policies; and (ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; (M) a priority list for implementation of objectives and actions taking into account estimated Federal budgetary resources; (N) an analysis of— (i) points of maximum leverage for policy intervention to achieve outcomes; and (ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and (O) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. (e) Interim reports The President may prepare and publish interim reports as part of the Quadrennial Energy Review. (f) Executive Secretariat (1) In general The Secretary of Energy shall provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section. (2) Cooperation The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section. . (b) Administration Nothing in this Act or an amendment made by this Act supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act.

Quadrennial Energy Review Act of 2014

War Powers Consultation Act of 2014 - States that: (1) the purpose of this Act is to establish a means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict; and (2) this Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government. Repeals the War Powers Resolution. Establishes the Joint Congressional Consultation Committee. Directs the President to: (1) consult regularly with the Committee regarding significant matters of foreign policy and national security; (2) before ordering the deployment of members of the Armed Forces into a significant armed conflict, consult with and report to the Committee regarding the circumstances necessitating the significant armed conflict, the objectives, and the conflict's estimated scope and duration; and (3) consult with the Committee at least every two months for the duration of any significant armed conflict. States that, if the President determines that the need for secrecy or other emergency circumstances preclude carrying out such reporting before significant armed conflict is ordered or begins, the President shall carry out such reporting not later than three days after the beginning of the significant armed conflict. Declares that, within 30 days after the deployment of members of the Armed Forces into a significant armed conflict for which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Committee shall introduce a joint resolution of approval. Sets forth related congressional procedures, including the introduction of a joint resolution of disapproval if a vote against a resolution of approval's passage has taken place. States that nothing in this Act shall be construed as modifying U.S. obligations under any treaty or international agreement.

To repeal the War Powers Resolution and to provide for proper war powers consultation, and for other purposes. 1. Short title This Act may be cited as the War Powers Consultation Act of 2014 2. Findings; purpose (a) Findings Congress makes the following findings: (1) The War Powers Resolution ( 50 U.S.C. 1541 et seq. (2) The American people want both the President and Congress involved in the decisionmaking process when United States Armed Forces are committed to significant armed conflict, and the involvement of both branches is important in building domestic understanding and political support for doing so and ensuring the soundness of the resulting decision. (3) Past efforts to call upon the judicial branch to define the constitutional limits of the war powers of the executive and legislative branches of government have generally failed because courts, for the most part, have declined jurisdiction on the grounds that the issues involved are political questions (4) It harms the country to have the War Powers Resolution, the centerpiece statute in this vital area of United States law, regularly and openly questioned or ignored. (5) The country needs to replace the War Powers Resolution with a constructive means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict, without prejudice to the rights of either branch to assert its constitutional war powers or to challenge the constitutional war powers of the other branch. (b) Purpose The purpose of this Act is to establish a constructive and practical means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict. This Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government, and neither branch by supporting or complying with this Act shall in any way limit or prejudice its right or ability to assert its constitutional war powers or its right or ability to question or challenge the constitutional war powers of the other branch. 3. Significant armed conflict defined (a) In general In this Act, except as provided under paragraph (2), the term significant armed conflict (b) Exceptions The term significant armed conflict (1) Actions taken by the President to repel attacks, or to prevent imminent attacks, on the United States, its territorial possessions, its embassies, its consulates, or its Armed Forces abroad. (2) Limited acts of reprisal against terrorists or states that sponsor terrorism. (3) Humanitarian missions in response to natural disasters. (4) Investigations or acts to prevent criminal activity abroad. (5) Covert operations. (6) Training exercises. (7) Missions to protect or rescue United States citizens or military or diplomatic personnel abroad. 4. Repeal of War Powers Resolution The War Powers Resolution ( 50 U.S.C. 1541 et seq. 5. Joint Congressional Consultation Committee (a) Establishment There is established the Joint Congressional Consultation Committee. (b) Membership (1) Composition The Commission shall be composed of the following members: (A) The majority leader of the Senate and the Speaker of the House of Representatives. (B) The minority leaders of the Senate and the House of Representatives. (C) The chairman and ranking member of each of the following committees of the Senate: (i) The Committee on Foreign Relations. (ii) The Committee on Armed Services. (iii) The Select Committee on Intelligence. (iv) The Committee on Appropriations. (D) The chairman and ranking member of each of the following committees of the House of Representatives: (i) The Committee on Foreign Affairs. (ii) The Committee on Armed Services. (iii) The Permanent Select Committee on Intelligence. (iv) The Committee on Appropriations. (c) Chairmanship The chairmanship and vice chairmanship of the Joint Congressional Consultation Committee shall alternate between the majority leader of the Senate and the Speaker of the House of Representatives, with the former serving as the chairman in each odd-numbered Congress and the latter serving as the chairman in each even-numbered Congress. (d) Staff of joint committee The chairman and vice chairman of the Joint Congressional Consultation Committee may jointly appoint and fix the compensation of a permanent, bipartisan staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate. The staff shall have access to all relevant national security and intelligence information considered by the Committee. 6. Consultation and reporting (a) Regular consultation The President shall consult regularly with the Joint Congressional Consultation Committee regarding significant matters of foreign policy and national security. (b) Consultation and reporting required prior to engagement in significant armed conflicts (1) In general Before ordering the deployment of members of the Armed Forces into a significant armed conflict, the President shall— (A) consult with the Joint Congressional Consultation Committee, including providing sufficient time for the exchange of views regarding whether to engage in the significant armed conflict; and (B) submit in writing to the Joint Congressional Consultation Committee a classified report setting forth the circumstances necessitating the significant armed conflict, the objectives, and the estimated scope and duration of the conflict. (2) Exception If the President determines that the need for secrecy or other emergency circumstances preclude carrying out the consultation required under subparagraph (A) of paragraph (1) or submitting the report required under subparagraph (B) of such paragraph before significant armed conflict is ordered or begins, the President shall carry out such consultation or submit such report not later than three calendar days after the beginning of the significant armed conflict. (c) Ongoing consultation during significant armed conflicts The President shall consult with the Joint Congressional Consultation Committee at least every two months for the duration of any significant armed conflict. (d) Annual report Not later than April 15 of each year, the President shall submit to the Joint Congressional Consultation Committee a classified written report describing, for the previous calendar year— (1) all significant armed conflicts in which the United States was engaged; and (2) all other operations, as described in section 3(b), other than covert operations, in which the United States was engaged. 7. Congressional approval or disapproval (a) Joint resolution of approval (1) Requirement Not later than 30 days after the deployment of members of the Armed Forces into a significant armed conflict with respect to which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Joint Congressional Consultative Committee shall introduce a joint resolution of approval. (2) Contents of resolution For purposes of this subsection, the term joint resolution of approval That Congress approves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___. (3) Referral to committee A joint resolution of approval introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (4) Discharge of committee If the committee to which is referred a joint resolution of approval has not reported such resolution (or an identical resolution) at the end of 7 calendar days after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. (5) Floor consideration (A) In general When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution of approval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage Immediately following the conclusion of the debate on the joint resolution of approval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of approval shall be decided without debate. (6) Coordination with action by other house If, before the passage by one House of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of approval of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (7) Rules of House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of approval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Joint resolution of disapproval (1) Contents of resolution For purposes of this subsection, the term joint resolution of disapproval That Congress disapproves the use of members of the Armed Forces for the significant armed conflict covered in the report submitted to the Joint Congressional Consultation Committee pursuant to section 6(b) of the War Powers Consultation Act of 2014 on ___. (2) Floor consideration (A) In general After a joint resolution of disapproval has been introduced under this subsection, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage Immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution of disapproval shall be decided without debate. (3) Coordination with action by other house If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) With respect to the joint resolution of disapproval of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (4) Rules of House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (c) Rule of construction Nothing in this section shall be construed as limiting or otherwise affecting the right of any Member of Congress to introduce a resolution or bill approving, disapproving, expanding, narrowing, or ending a significant armed conflict. 8. Treaties Nothing in this Act shall be construed as modifying any obligations of the United States under any treaty or international agreement. 9. Severability If any provision of this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.

War Powers Consultation Act of 2014

Recruiting Individuals to Drive Our Elders Act of 2014 or RIDE Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to publish an interim final rule to revise certain Medicaid transportation regulations to allow a state plan under title XIX (Medicaid) of the Social Security Act to provide, at state option, reimbursement for costs attributable to providing no-load volunteer travel services to Medicaid-eligible individuals who require transportation to receive non-emergency medical treatment.

To provide reimbursement under the Medicaid program to individuals and entities that provide voluntary non-emergency medical transportation to Medicaid beneficiaries for expenses related to no-load travel. 1. Short title This Act may be cited as the Recruiting Individuals to Drive Our Elders Act of 2014 RIDE Act of 2014 2. Reimbursement for no-load travel costs incurred by volunteers providing non-emergency medical transportation to Medicaid beneficiaries (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish an interim final rule to revise the Medicaid transportation regulations at sections 431.53 440.170 (b) No-Load volunteer travel service For purposes of subsection (a), the term no-load volunteer travel service (1) are provided by a person who, as determined by a State, local, or tribal government, provides such services on a volunteer basis (referred to in this subsection as a volunteer (2) are necessary for the volunteer to— (A) travel from the originating location of the volunteer to the location of an individual who is eligible for medical assistance under the State Medicaid plan and requires transportation to receive non-emergency medical treatment (including, for purposes of an individual who requested transportation to receive non-emergency medical treatment and subsequently refused such transportation or was not present at the requested pick-up location, any travel that is necessary for the volunteer to return to their originating location); (B) for purposes of an individual who has been provided transportation by the volunteer to receive non-emergency medical treatment and is required to remain at the treatment location overnight or for an extended period of time (as determined appropriate by a State, local, or tribal government), return to the originating location of the volunteer and, following the completion of such treatment, travel back to the treatment location; and (C) following any transportation that is necessary to return an individual who has received non-emergency medical treatment to their pick-up location, return to the originating location of the volunteer.

Recruiting Individuals to Drive Our Elders Act of 2014

Authorizes the Secretary of Transportation (DOT), consistent with accepted medical standards and practices, to implement or enforce a requirement providing for the screening, testing, or treatment of airmen or air traffic controllers for sleep disorders (including obstructive sleep apnea) only if: (1) it is adopted pursuant to a rulemaking proceeding in the case of an airman, and (2) the Federal Aviation Administration meets its collective bargaining obligations to its employees in the case of an air traffic controller. Applies this Act only to a requirement adopted on or after November 1, 2013.

To establish requirements for the adoption of any new or revised requirement providing for the screening, testing, or treatment of an airman or an air traffic controller for a sleep disorder, and for other purposes. 1. Medical certification requirements for airmen and air traffic controllers relating to sleep disorders (a) In general The Secretary of Transportation may, consistent with accepted medical standards and practices, implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of an airman or an air traffic controller for a sleep disorder— (1) in the case of an airman, only if the requirement is adopted pursuant to a rulemaking proceeding; and (2) in the case of an air traffic controller, only if the Federal Aviation Administration meets its obligations pursuant to chapter 71 (b) Applicability Subsection (a) shall not apply to a requirement that was in force before November 1, 2013. (c) Definitions In this section, the following definitions apply: (1) Airman The term airman section 40102(a) (2) Air traffic controller The term air traffic controller section 2109 (3) Sleep disorder The term sleep disorder

A bill to establish requirements for the adoption of any new or revised requirement providing for the screening, testing, or treatment of an airman or an air traffic controller for a sleep disorder, and for other purposes.

Women, Peace, and Security Act of 2014 - Expresses the sense of Congress that: (1) implementation of the United States National Action Plan on Women, Peace, and Security (NAP) is paramount in improving the lives of women around the world and increasing global stability and prosperity, (2) Congress is committed to advancing NAP principles, and (3) the President should ensure NAP's implementation and coordinate with the international community to reaffirm global commitments to implementation of United Nations Security Council Resolution 1325. States that it is U.S. policy to implement NAP. Directs the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: (1) integrate gender goals into diplomatic and development efforts, and into agency guidance and contracting; (2) include gender in strategic and budget planning processes; and (3) review existing U.S. policies and programs on women and girls in foreign countries from a gender perspective. Directs the heads of federal departments and agencies to ensure that NAP's tenets are incorporated into all programs related to: (1) conflict prevention, (2) humanitarian and disaster response, (3) conflict mediation, (4) peacekeeping, (5) post-conflict reconstruction, (6) institution building, and (7) democracy promotion. Urges the Secretary to promote the inclusion of women in coordination and consultation with international partners. Directs the Secretary, the Administrator, the Secretary of Defense (DOD) and representatives of other federal agencies to implement NAP and ensure relevant personnel training. Directs the Secretary to facilitate the efforts of partner governments to improve women's participation in peace and security processes, conflict prevention, peace-building, transitional processes, and decision making institutions in conflict-affected environments. Directs the Secretary and the Administrator to establish guidelines for overseas U.S. personnel to consult with specified stakeholders regarding U.S. efforts to: (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring women's meaningful participation.

To ensure that the United States promotes women’s meaningful inclusion and participation in mediation and negotiation processes undertaken in order to prevent, mitigate, and resolve violent conflict and implements the United States National Action Plan on Women, Peace, and Security. 1. Short title; table of contents (a) Short title This Act may be cited as the Women, Peace, and Security Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sense of Congress regarding the National Action Plan on Women, Peace, and Security. Sec. 5. Statement of United States policies. Sec. 6. National Action Plan on Women, Peace, and Security. Sec. 7. Monitoring and evaluation. Sec. 8. Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives. Sec. 9. Consultations with stakeholders. Sec. 10. Reports to Congress. 2. Findings Congress finds the following: (1) The United States National Action Plan on Women, Peace, and Security, rooted in United Nations Security Council Resolution 1325 (2000) and its six follow-up resolutions 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), and 2122 (2013), seeks to address the disproportionate impact of modern warfare on civilians, particularly women and girls, and the necessity of substantively including women as equal partners in preventing conflict and building peace in countries threatened and affected by war, violence, and insecurity in all efforts to promote peace and security (2) Fundamental to the affirmations described in paragraph (1) is the full and equal participation of women as decisionmakers, planners, implementers, and beneficiaries in all efforts to achieve solutions for just conflict resolution, lasting stability, and inclusive democratic governance, including in— (A) conflict prevention; (B) mediation, transition processes, and peace and security negotiations; (C) peacekeeping and peace-building efforts; (D) humanitarian response; and (E) post-conflict reconstruction and governance. (3) The United States National Action Plan on Women, Peace, and Security, issued in December 2011— (A) builds upon the goals for gender integration articulated in— (i) the United States 2006 National Security Strategy: No nation can be free if half its population is oppressed and denied fundamental rights. We affirm the inherent dignity and worth of women, and support vigorously their full participation in all aspects of society. (ii) the United States May 2010 National Security Strategy: Experience shows that countries are more peaceful and prosperous when women are accorded full and equal rights and opportunity. When those rights and opportunities are denied countries often lag behind. (iii) the 2010 Quadrennial Diplomacy and Development Review: The protection and empowerment of women and girls is key to the foreign policy and security of the United States. (B) asserts that evidence from around the world and across cultures shows that integrating women and gender considerations into peace-building processes helps promote democratic governance and long-term stability (4) As directed by Executive Order 13595, State, DoD, and USAID will designate one or more officers, as appropriate, as responsible for coordination and implementation, and will supplement this Plan, by submitting to the Assistant to the President and National Security Advisor agency-specific Women, Peace, and Security implementation plans. These implementation plans will establish a full range of time-bound, measurable, and resourced actions State, DoD, and USAID will take to realize their commitments, and will include meaningful strategies for monitoring implementation and evaluating results. (5) On April 5, 2012, the Department of Defense (DoD) issued a Secretary of Defense Memorandum directing the Department to incorporate the concepts from the United States National Action Plan on Women, Peace, and Security into programs, policies and daily activities, stating that the goal of the National Action Plan is critical to national security strategic, operational, and tactical environment and aims (6) In March 2012, the United States Agency for International Development (USAID) released a new, agency-wide Gender Equality and Female Empowerment Policy, the first such policy since 1982. According to this policy, Gender equality and female empowerment are core development objectives, fundamental for the realization of human rights and key to effective and sustainable development outcomes. No society can develop successfully without providing equitable opportunities, resources, and life prospects for males and females so that they can shape their own lives and contribute to their families and communities. (7) In August 2012, the Department of State Implementation of the National Action Plan on Women, Peace, and Security was introduced. The plan states, the Department recognizes that promoting women’s participation in conflict prevention, management and resolution, as well as in post-conflict relief and recovery, advances core U.S. national interests of peace, national security, economic and social development and international cooperation. (8) In August 2012, the United States Agency for International Development (USAID) introduced its Implementation of the United States National Action Plan on Women, Peace, and Security, asserting, Ensuring the meaningful participation and protection of women and girls affected by crisis and conflict is critical to building lasting peace and achieving long-term development objectives. (9) During preparations for United States withdrawal of security forces in Afghanistan by 2014, and upcoming Afghan elections, it is critical to ensure women’s rights are not sacrificed and further that women’s security and ability to move freely throughout the country are recognized as indicators of the transition’s success. (10) In the Democratic Republic of Congo, ongoing impunity for violations of human rights, particularly women’s human rights, continues to undermine all efforts to bring lasting peace to the country and the region. (11) Women and girls on the forefronts of the Arab uprising—from Tunisia, Egypt, Libya, and Syria—are systematically excluded from political processes in the new emerging democratic governments, and reports of gender-based violent attacks, including sexual violence, by police and security forces are frequent. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Foreign Relations of the Senate; (D) the Committee on Appropriations of the House of Representatives; (E) the Committee on Armed Services of the House of Representatives; and (F) the Committee on Foreign Affairs of the House of Representatives. (3) Decisionmaking processes The term decisionmaking processes (4) NAP The term NAP (5) Secretary The term Secretary (6) Stakeholders The term stakeholders (A) registered or nonregistered nonprofit organizations, advocacy groups, business or trade associations, labor unions, cooperatives, credit unions, relief or development organizations, community and faith-based organizations, philanthropic foundations, and tribal leaders or structures; (B) independent media, educational, or research institutions; and (C) private enterprises, including international development firms, banks, and other financial institutions, and particularly small businesses and businesses owned by women or disadvantaged groups. (7) Women’s meaningful inclusion and participation The term women’s meaningful inclusion and participation (A) conflict prevention; (B) mediation or negotiation efforts to resolve, mitigate, and transition from violent conflict; (C) peacekeeping and peace-building efforts; (D) post-conflict reconstruction, transition initiatives, and governance; and (E) humanitarian response. 4. Sense of Congress regarding the United States National Action Plan on Women, Peace, and Security It is the sense of Congress that— (1) the implementation of the United States National Action Plan on Women, Peace, and Security (NAP) is paramount in improving the lives of women and girls around the world and increasing overall global stability and prosperity; (2) Congress supports the statement in the NAP of the United States unqualified commitment to integrating women’s views and perspectives fully into our diplomatic, security, and development efforts—not simply as beneficiaries, but as agents of peace, reconciliation, development, growth, and stability (3) Congress is strongly committed to advancing the principles of the NAP, as instituted by Executive Order 13595 of December 19, 2011; (4) the United States should coordinate with the international community and civil society to develop criteria for eligibility to ensure that appropriate civil society representatives with relevant experience in gender sensitivity, peacemaking, or the promotion of human rights and security are identified for inclusion in all peace-building processes and activities; and (5) the President, in coordination with the Secretary, the Secretary of Defense, and the Administrator, should— (A) ensure the NAP’s robust, transparent, comprehensive, and coordinated implementation; and (B) coordinate with the international community to reaffirm global commitments to implementation of United Nations Security Council Resolution 1325 utilizing the commitments outlined in the NAP as a diplomatic means to encourage other countries to— (i) advance women’s inclusion in peace negotiations, peace-building activities, and conflict prevention; (ii) protect all civilians, specifically women and girls, from sexual and gender-based violence; and (iii) ensure equal access to relief and recovery assistance in areas of conflict and insecurity. 5. Statement of United States policies (a) In general It is the policy of the United States to implement the United States National Action Plan on Women, Peace, and Security (NAP), as instituted by Executive Order 13595 on December 19, 2011, to ensure that the United States effectively promotes and supports women in conflict-affected and post-conflict regions through clear, measurable commitments to— (1) promote the active and meaningful participation of women in affected areas in all aspects of conflict prevention, management, and resolution; (2) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (3) promote the physical safety, economic security, and dignity of women and girls; (4) support women’s equal access to aid distribution mechanisms and services; (5) monitor, analyze, and evaluate implementation efforts and the impact of such efforts; and (6) adjust policies and programs to improve outcomes. (b) Statement of Congress Congress— (1) recognizes the invaluable contributions that United States and international civil society groups have made to United States policies and programs on women, peace, and security; and (2) encourages the Secretary, the Secretary of Defense, and the Administrator to continue to consult and utilize the networks and expertise of these stakeholders to strengthen the implementation of the NAP. (c) Integration The Secretary and the Administrator shall— (1) integrate gender as fully as applicable into all diplomatic and development efforts; (2) include gender in strategic and budget planning processes; (3) continue to use and improve upon performance indicators and evaluation mechanisms to account for ongoing results and measure the impact of United States policies and programs on women and girls in foreign countries; and (4) review existing United States policies and programs on women and girls in foreign countries from a gender perspective, and revise such policies and programs to address any unintended harm. (d) Integration of gender goals in agency guidance and contracting (1) Department of State The Secretary shall prescribe regulations and issue guidance specifying key goals of the NAP with a view to fully integrating such goals into the operations of the Department of State in the United States and overseas, and shall ensure that such regulations and guidance call for compliance by all Department personnel and contractors. (2) United States Agency for International Development The Administrator shall prescribe regulations and issue guidance specifying key goals of the NAP with a view to fully integrating such goals into the operations of the United States Agency for International Development in the United States and overseas, and shall ensure that such regulations and guidance call for compliance by all Agency personnel and contractors. (e) Tenets The Secretary, the Administrator, the Secretary of Defense, the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention, the United States Permanent Representatives to the United Nations, the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, the United States Trade Representative, and the heads of other appropriate Federal departments and agencies shall ensure, as appropriate, that the tenets of the NAP are incorporated into all programs administered by each department and agency specified in this subsection related to— (1) conflict prevention; (2) humanitarian and disaster response; (3) conflict mediation; (4) peacekeeping; (5) post-conflict reconstruction; (6) institution building; and (7) democracy promotion. 6. United States National Action Plan on Women, Peace, and Security (a) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary, the Administrator, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies shall, subject to subsection (b), develop or update and implement a NAP. The NAP shall be transmitted to the appropriate congressional committees and made publicly available. (b) Initial NAP For the purposes of this section, the United States National Action Plan on Women, Peace, and Security (c) Training (1) Foreign Service Act of 1980 Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection: (e) The Secretary, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel, including special envoys, members of mediation or negotiation teams, relevant members of the Civil Service or Foreign Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1) appropriate advanced training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2013); (2) training on gender considerations and women’s meaningful inclusion and participation, including training regarding— (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons; and (3) training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation. . (2) Title 10, United States Code (A) In general Chapter 107 2158. Training for ensuring women’s meaningful inclusion and participation The Secretary of Defense shall ensure that all appropriate personnel, including members of the Armed Forces, members of mediation or negotiation teams, relevant members of the Civil Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1) appropriate advanced training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2013); (2) training on gender considerations and women’s meaningful inclusion and participation, including training regarding— (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons; and (3) training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation. . (B) Clerical amendment The table of sections at the beginning of chapter 107 of such title is amended by adding at the end the following new item: 2158. Training for ensuring women’s meaningful inclusion and participation. . (3) United Nations The Secretary is strongly encouraged to work with the United Nations and the international community to promote training that provides international peacekeeping personnel with substantive knowledge and skills needed to effectively ensure women’s meaningful inclusion and participation. 7. Monitoring and evaluation (a) In general The implementation of the NAP under section 6 shall include the establishment or improvement of monitoring and evaluation tools to ensure accountability and effectiveness of policies, programs, projects, and activities undertaken to support the objectives specified in such NAP. (b) Monitoring and evaluation plans The Secretary, the Administrator, the Secretary of Defense, and representatives of other relevant Federal agencies and departments, as appropriate, shall develop a plan for monitoring and independent evaluation of programs, projects, and activities carried out under this Act. The plan shall— (1) apply rigorous monitoring and evaluation methodologies to focus on learning, accountability, and policymaking, choosing from among a wide variety of qualitative, quantitative, summative, and formative methods common in the field of social scientific inquiry, including impact evaluations; and (2) be included in the NAP under section 6. (c) Foreign assistance coordination, planning, data collection, and tracking systems The Secretary and the Administrator, in consultation with the Secretary of Defense, as appropriate, shall— (1) utilize appropriate foreign assistance coordination, planning, data collection, and tracking systems to— (A) analyze the impact of staff training, management systems, and organizational structures on program results; (B) improve collection of sex- and age-disaggregated data in conflict-affected areas; (C) ensure proper targeting of programs; and (D) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence; (2) develop programming in accordance with the NAP’s principles and that is responsive to women’s needs and perspectives; (3) revise policies and programming as data is collected and analyzed to ensure improved outcomes for women and girls; (4) support budgeting, operational and programmatic planning, and performance management, related to women’s meaningful inclusion and participation; (5) post to the Foreign Assistance Dashboard up-to-date data on United States foreign assistance by account, bureau or office, as the case may be, and country where gender equality and women’s empowerment is a primary or secondary goal; and (6) develop or improve upon existing data collection mechanisms that— (A) track and report progress on the objectives specified in the NAP; (B) assess lessons learned; and (C) identify best practices. (d) Indicators The Secretary and the Administrator, in cooperation with the Secretary of Defense, as appropriate, shall identify common indicators to evaluate the impact of United States foreign assistance on women’s meaningful inclusion and participation and revise approaches to ensure improved outcomes. 8. Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives (a) In general The Secretary and the Administrator are strongly encouraged to work to facilitate women’s meaningful inclusion and participation in informal and formal peace negotiations, including, as appropriate by— (1) providing technical assistance, training, and logistical support to female negotiators, peace-builders, and stakeholders; (2) utilizing technology, such as cell phones or social media tools, that assist the work of organizers, negotiators, communicators, peace-builders, and other civil society actors; (3) addressing security-related barriers to women’s participation; (4) expanding and applying gender analysis to improve program design and targeting; and (5) supporting appropriate local organizations, especially women’s peace-building organizations. (b) Coordination The Secretary is encouraged to promote the meaningful inclusion and participation of women in coordination and consultation with international partners, including multilateral organizations, stakeholders, and other relevant international organizations, particularly in circumstances in which direct engagement is not appropriate or advisable. (c) Assessments The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense, as appropriate, shall conduct assessments that include the perspective of women before implementing new projects or activities in support of assistance related to— (1) peace negotiations; (2) transitional justice and accountability processes; (3) efforts to combat violent extremism; and (4) security sector reform. (d) Government efforts (1) In general The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense and the heads of other relevant Federal agencies and departments, as appropriate, shall encourage and facilitate the efforts of partner governments to improve women’s meaningful inclusion and participation in peace and security processes, conflict prevention, peace-building, transitional processes, and decisionmaking institutions in conflict-affected environments. (2) Government efforts The efforts of partner governments to be encouraged and facilitated under paragraph (1) include— (A) the recruitment and retention of women (including minorities) in leadership roles; (B) capacity building of legislative, judicial, defense, and law enforcement institutions to develop and implement policies which support women’s meaningful inclusion and participation; (C) increased women’s participation in programs funded by the United States Government that— (i) provide training to foreign nationals regarding law enforcement, the rule of law, and professional military education; and (ii) offer foreign nationals opportunities to participate in educational exchanges, conferences, and seminars; (D) training, education, and mobilization of men and boys as partners in support of women’s meaningful inclusion and participation; (E) development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; and (F) measures to ensure that relief and recovery planning and assistance are informed by effective consultation with women and girls. 9. Consultations with stakeholders (a) In general The Secretary and the Administrator shall establish guidelines for overseas United States personnel to consult with stakeholders regarding United States efforts to— (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring women’s meaningful inclusion and participation. (b) Frequency and scope Consultations under subsection (a) shall— (1) take place not less frequently than once every 180 days, as appropriate; and (2) include a range and representative sample of local stakeholders, including women, youth, ethnic and religious minorities, and other politically under-represented or marginalized populations. 10. Reports to Congress (a) Training briefing The Secretary, in conjunction with the Administrator and the Secretary of Defense, shall designate appropriate officials to brief the appropriate congressional committees, not later than one year after the date of the enactment of this Act, on— (1) the existing, enhanced, and newly established training carried out pursuant to section 6(c) and the amendments made by such section; and (2) the guidelines established for overseas United States diplomatic and consular personnel to engage in consultations with United States and international stakeholders pursuant to section 9. (b) Annual report on women, peace, and security Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary, in conjunction with the Administrator and the Secretary of Defense, shall submit to the appropriate congressional committees a report that— (1) outlines the monitoring and evaluation tools, mechanisms, and common indicators established under section 7 to assess progress made on the objectives of the NAP; (2) summarizes United States diplomatic efforts and foreign assistance programs, projects, and activities to promote women’s meaningful inclusion and participation; and (3) summarizes and evaluates the impact of the NAP initiatives.

Women, Peace, and Security Act of 2014

Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 or the IN-STATE Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to allot grants to states to offer Dreamer students in-state tuition and expand their access to in-state financial aid. Defines a "Dreamer student" as an individual who: was under age 16 upon entering this country; has provided a list of each secondary school the individual attended in this country; and has earned a high school diploma or certain similar credentials, or is scheduled to complete the requirements for such a credential before the next academic year begins; has acquired a degree from an institution of higher education (IHE) or has successfully completed at least 2 years of a program for a bachelor's or higher degree in this country; or has served honorably in the uniformed services for at least 4 years. Directs the Secretary to provide for a hardship exception to either or both of the first two of such requirements. Requires grant applicants to assure the Secretary that they: (1) have made significant progress in establishing a preschool through postsecondary education (P-16) longitudinal data system; (2) will not discriminate against Dreamer students in awarding student aid or determining who is eligible for in-state tuition, if the student would otherwise be eligible for in-state financial aid as a state resident; and (3) will maintain, through FY 2023, at least their FY2013 level of support for their public IHEs. Allots grants to each state based on its proportion of resident Dreamer students who are enrolled at least half-time in postsecondary education. Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to collect a specified fee from recipients of F-1 visas, provided to nonimmigrant full-time students. Eliminates the prohibition on states offering unlawful aliens postsecondary benefits on the basis of their residence in the state that are more generous than those offered citizens or naturals of this country, without regard to their state residence. Allows individuals who have served honorably in the U.S. Armed Forces to be naturalized without having been lawfully admitted to this country for permanent residence.

To incentivize State support for postsecondary education and to promote increased access and affordability for higher education for students, including Dreamer students. 1. Short title This Act may be cited as the Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 IN-STATE for Dreamers Act of 2014 2. Findings and purposes (a) Findings Congress makes the following findings: (1) The non-partisan Congressional Budget Office found that comprehensive immigration reform would reduce the national deficit by billions, strengthen Social Security solvency, increase the number of jobs, and raise Gross Domestic Product. (2) According to a report by the Partnership for a New American Economy, in 2010 more than 40 percent of Fortune 500 companies were founded by immigrants or their children, generating a combined revenue of $4,200,000,000,000. (3) Thousands of deferred action childhood arrival students graduate from high schools in the United States every year but only a small fraction of those students enroll in higher education. (4) Many jobs in the 21st century economy require some form of postsecondary education. (5) Education provides an important pathway to the middle class; college graduates have higher earnings and lower unemployment rates than their less educated peers. (6) Since 2008, States are spending 28 percent less per student in higher education, and tuition and fees continue to rise. The increased costs are being shifted to students and student loan debt continues to grow. (7) Investments in higher education provide youth a ladder to achieving the American dream. (b) Purposes The purposes of this Act are to— (1) allow States to provide immigrant students timely and affordable access to higher education; (2) incentivize States to maintain support for higher education; and (3) promote increased access and affordability to postsecondary education for students through State need-based financial aid. 3. American dream grants (a) In general Subpart 4 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070c et seq. 415G. American dream grants (a) Dreamer students (1) In general In this section, the term Dreamer student (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that the student attended in the United States; and (C) (i) has earned a high school diploma or a commensurate alternative award from a public or private high school or secondary school, has obtained a general education development certificate recognized under State law, has obtained a high school equivalency diploma in the United States, or is scheduled to complete the requirements for such a credential before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; or (iii) has served in the uniformed services for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when a State shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) to qualify as a Dreamer student under paragraph (1), if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement under subparagraph (C) of paragraph (1). (b) Grants to States (1) Reservation for administration From the amounts appropriated to carry out this section for each fiscal year, the Secretary may reserve not more than 1 percent of such amounts to administer this section. (2) Grants authorized to eligible States From the amounts appropriated to carry out this section for each fiscal year and not reserved under paragraph (1), the Secretary shall award grants to eligible States to enable the States to carry out the activities described in this section. (3) Eligibility A State is eligible to receive a grant under this section if the State— (A) increases access and affordability to higher education for students by— (i) offering in-State tuition for Dreamer students; or (ii) expanding in-State financial aid to Dreamer students; and (B) submits an application to the Secretary that contains an assurance that— (i) the State has made significant progress establishing a longitudinal data system that includes the elements described in section 6201(e)(2)(D) of the America COMPETES Act ( 20 U.S.C. 9871(e)(2)(D) (ii) notwithstanding any other provision of law, the State will not discriminate, in awarding student financial assistance or determining who is eligible for in-State tuition, against a Dreamer student if the student would otherwise be eligible for in-State financial aid; and (iii) for each of fiscal years 2014 through 2023, the State will maintain State support for public institutions of higher education located in the State (not including support for capital projects, research and development, or tuition and fees paid by students) at not less than the level of such support for fiscal year 2013 adjusted annually for inflation as determined by the Consumer Price Index (as such term in defined in section 478(f)) for the previous calendar year. (4) Allotments The Secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph (1) among the eligible States in proportion to the number of Dreamer students enrolled at least half-time in postsecondary education who reside in the State for the most recent fiscal year for which satisfactory data are available, compared to the number of such students who reside in all eligible States for that fiscal year. (c) Supplement not supplant Grant funds awarded under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section. (d) Authorization and appropriation of funds There are authorized to be appropriated, and there are appropriated, to carry out this section— (1) $55,000,000 for fiscal year 2015; (2) $55,000,000 for fiscal year 2016; (3) $60,000,000 for fiscal year 2017; (4) $60,000,000 for fiscal years 2018; (5) $75,000,000 for fiscal years 2019; (6) $75,000,000 for fiscal years 2020; (7) $85,000,000 for fiscal years 2021; (8) $85,000,000 for fiscal years 2022; (9) $100,000,000 for fiscal years 2023; and (10) $100,000,000 for fiscal years 2024. . (b) Offset Section 281 of the Immigration and Nationality Act ( 8 U.S.C. 1351 (1) by striking The fees (a) In general The fees ; (2) by striking : Provided (b) United Nations visitors Nonimmigrant visas ; (3) by striking Subject to (c) Fee waivers or reductions Subject to ; and (4) by adding at the end the following: (d) F-1 visa fee In addition to the fees authorized under subsection (a), the Secretary of Homeland Security shall collect a $150 fee from each nonimmigrant admitted under section 101(a)(15)(F)(i), which fee shall be deposited in the general fund of the Treasury. . (c) Restoration of State option To determine residency for purposes of higher education (1) Repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 (2) Effective date The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 (d) Naturalization Section 328(a) ( 8 U.S.C. 1439(a) , without having been lawfully admitted to the United States for permanent resident, and naturalized

Investing in States to Achieve Tuition Equality for Dreamers Act of 2014

Protecting Seniors from Health Care Fraud Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General, and the Attorney General to report annually to Congress and the public on health care fraud schemes targeted to seniors and steps being taken to combat such schemes and to educate seniors about them. Directs the Secretary to: (1) disseminate such reports through mechanisms that reach the most Medicare beneficiaries, and (2) mail to each Medicare beneficiary a list of the top 10 most prevalent health care fraud schemes.

To amend title XVIII of the Social Security Act to distribute additional information to Medicare beneficiaries to prevent health care fraud, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Protecting Seniors from Health Care Fraud Act of 2014 (b) Findings Congress finds the following: (1) Seniors are more vulnerable to fraud than the general population. (2) Because seniors require more health care services than the general population, they need more information on health care schemes so they can protect themselves. (3) The Department of Health and Human Services should provide more up-to-date information in order to educate seniors on health care scams. 2. Distribution of additional information to seniors to prevent health care fraud Section 1804 of the Social Security Act ( 42 U.S.C. 1395b–2 (d) Distribution of additional information on health care fraud (1) Annual reports on health care fraud schemes (A) In general In connection with the Health Care Fraud and Abuse Control Program established under section 1128C, the Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services, and the Attorney General, shall transmit to Congress, and make available to the public, an annual report on health care fraud schemes that are targeted to seniors and steps that are being taken to combat such schemes and to educate seniors concerning such schemes. The first such report shall be transmitted and made available not later than 2 years after the date of the enactment of this subsection. (B) Contents of reports (i) In general Subject to clause (ii), each annual report under subparagraph (A) shall include the following information: (I) Identification of most prevalent fraud schemes The identification of the 10 most prevalent health care fraud schemes that are targeted to seniors and the prevalence and trends in such schemes. (II) Protection of seniors Actions that seniors and law enforcement and government agencies are taking and can take to combat such schemes and to protect seniors against health care fraud schemes. (III) Additional suggestions Policy suggestions to improve protections for seniors, including whether the additional information provided under this subsection is helping seniors in protecting them against fraud. (ii) Limitations The Secretary may— (I) omit information from an annual report on fraud schemes targeting seniors if public disclosure of the information would compromise an ongoing investigation; and (II) report information on fraud schemes by categories in an annual report if a more detailed disclosure of such a scheme would educate criminals rather than seniors. (iii) Private-public partnership The Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services and the Attorney General, may enter into an arrangement between public and private partners to develop the report that identifies the top 10 most prevalent health care fraud schemes and the associated report information. (C) Quarterly updating The information described in clauses (i) and (iii) of subparagraph (B) shall be updated quarterly to reflect changes in fraud schemes and methods to combat and educate seniors concerning such schemes. (D) Languages Such reports, as updated, shall be available in English and Spanish. (2) Dissemination of reports and top 10 list (A) In general The Secretary shall— (i) disseminate the reports under paragraph (1) to Medicare beneficiaries through mechanisms that reach the most Medicare beneficiaries; and (ii) provide for the mailing to each Medicare beneficiary of a list of the top 10 most prevalent health care fraud schemes. (B) Quarterly updates of top 10 list included with Medicare summary notices The Secretary shall include an updated list of the top 10 most prevalent health care fraud schemes under paragraph (1)(C) with the quarterly Medicare summary notices mailed to Medicare beneficiaries. (C) Posting of reports and quarterly updates on websites The annual reports, and quarterly updates, under this subsection shall be posted on the website of the Health Care Fraud and Abuse Control Program and on other websites maintained or supported by the Secretary relating to the Medicare program, the State Health Insurance Assistance Program, and the Senior Medicare Patrol of the Administration on Aging. (3) Sources of information for reports Information for the reports and updates under paragraph (1) shall be gathered from at least the following sources: (A) Department of Health and Human Services The following sources within the Department of Health and Human Services: (i) Medicare hotlines, including 1–800–MEDICARE, 1–800–HHSTIPS, and Medicare fraud toll-free hotlines and websites (such as www.stopmedicarefraud.gov) established by the Office of the Inspector General of the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. (ii) State Health Insurance Assistance Programs (SHIPs). (iii) The Administration on Community Living, including— (I) the Senior Medicare Patrol (SMP) of the Administration on Aging; and (II) Aging and Disability Resource Centers. (iv) Medicare administrative contractors, fiscal intermediaries, and other contractors with the Centers for Medicare & Medicaid Services performing functions which may relate to fraud and abuse under the Medicare program. (v) The Indian Health Service. (B) Department of Justice The Department of Justice, including the Federal Bureau of Investigation. (C) SSA The Social Security Administration. (D) FTC The Federal Trade Commission. (E) Optional additional sources At the option of the Secretary— (i) State agencies that deal with elder abuse; and (ii) other governmental and nongovernmental entities with expertise in the protection of seniors from health care fraud as deemed appropriate. .

Protecting Seniors from Health Care Fraud Act of 2014

Voting Rights Amendment Act of 2014 - Amends the Voting Rights Act of 1965 with respect to the requirement that a federal court retain jurisdiction for an appropriate period to prevent commencement of new devices to deny or abridge the right to vote. Expands the types of violations triggering the authority of a court to retain such jurisdiction to include certain violations of the Act as well as violations of any federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group. Excludes from the list of violations triggering jurisdiction retention authority any voting qualification or prerequisite which results in a denial or abridgement of the right to vote that is based on the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in a federal, state, or local election. Revises requirements for determining which states and political subdivisions are covered or not covered by criteria for declaratory judgments that they have not used devices to deny or abridge the right to vote. Subjects to the requirements for making such a determination any state (and all of its political subdivisions) during a calendar if 5 or more voting rights violations occurred in the state during the previous 15 years, at least one of which was committed by the state itself (as opposed to a political subdivision within it). Specifies application of such new coverage requirements to any specific political subdivision if: (1) 3 or more voting rights violations occurred in it during the previous 15 calendar years; or (2) 1 or more voting rights violations occurred in it during the previous 15 calendar years and the subdivision had persistent, extremely low minority turnout during that period. Provides that, if a state obtains a declaratory judgment that it has not used a device to deny or abridge the right to vote, the requirements for a new declaratory judgment generally will not apply, unless the new coverage requirements of this Act apply to the state solely on the basis of voting rights violations occurring after the declaratory judgment was issued. Prescribes transparency requirements, including reasonable public notice, regarding any changes to: (1) voting prerequisites, standards, or procedures; (2) polling place resources; or (3) demographics and electoral districts. Modifies authority to assign observers, including authorizing the assignment of observers to enforce bilingual election requirements. Revises requirements for injunctive relief, including its scope and the persons authorized to seek relief as well as the grounds for granting it.

To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes. 1. Short title This Act may be cited as the Voting Rights Amendment Act of 2014 2. Violations triggering authority of court to retain jurisdiction (a) Types of Violations Section 3(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973a(c) violations of the fourteenth or fifteenth amendment violations of the 14th or 15th Amendment; violations of this Act (other than a violation of section 2(a) which is based on the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office); or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group, (b) Conforming Amendment Section 3(a) of such Act ( 42 U.S.C. 1973a(a) violations of the fourteenth or fifteenth amendment violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group, 3. Criteria for coverage of States and political subdivisions (a) Determination of States and Political Subdivisions Subject to Section 4( a (1) In general Section 4(b) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973b(b) (b) Determination of States and Political Subdivisions Subject to Requirements (1) Existence of voting rights violations during previous 15 years (A) Statewide application Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if 5 or more voting rights violations occurred in the State during the previous 15 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State). (B) Application to specific political subdivisions Subsection (a) applies with respect to a political subdivision during a calendar year if— (i) 3 or more voting rights violations occurred in the subdivision during the previous 15 calendar years; or (ii) 1 or more voting rights violations occurred in the subdivision during the previous 15 calendar years and the subdivision had persistent, extremely low minority turnout during the previous 15 calendar years. (2) Period of application (A) In general Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period— (i) that begins on January 1 of the year in which subsection (a) applies pursuant to the applicable provisions of paragraph (1); and (ii) that ends on the date which is 10 years after January 1 of the year in which the most recent voting rights violation occurred in the State or political subdivision. (B) No further application after declaratory judgment (i) States If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. (ii) Political subdivisions If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations (and, in the case of paragraph (1)(B)(ii), extremely low minority turnout) occurring after the issuance of the declaratory judgment. (3) Determination of voting rights violation For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: (A) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of the 14th or 15th Amendment, occurred anywhere within the State or subdivision. (B) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2), in violation of section 2. (C) In a final judgment (which has not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. (D) The Attorney General has interposed an objection under section 3(c) or section 5 (and the objection has not been overturned by a final judgment of a court or withdrawn by the Attorney General), and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision, other than an objection which is based on a voting qualification or procedure which consists of the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office. (4) Determination of persistent, extremely low minority turnout For purposes of paragraph (1)(B)(ii), a political subdivision has persistent, extremely low minority turnout with respect to a calendar year if any of the following applies: (A) With respect to the general elections for the office of President which were held in the political subdivision during the previous 15 calendar years— (i) in the majority of such elections, the minority turnout rate in the political subdivision was below— (I) the minority turnout rate for the entire Nation, (II) the nonminority turnout rate for the entire Nation, (III) the minority turnout rate for the State in which the political subdivision is located, (IV) the nonminority turnout rate for the State in which the political subdivision is located, and (V) the nonminority turnout rate for the political subdivision; and (ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the entire Nation. (B) With respect to the general elections for Federal office which were held in the political subdivision during the previous 15 calendar years— (i) in the majority of such elections, the minority turnout rate in the political subdivision was below— (I) the minority turnout rate for the State in which the political subdivision is located, (II) the nonminority turnout rate for the State in which the political subdivision is located, and (III) the nonminority turnout rate for the political subdivision; and (ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the State in which the political subdivision is located. (5) Timing of determinations (A) Determinations of voting rights violations As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection (other than the determinations described in subparagraph (B)), including updating the list of voting rights violations attributable to each State and political subdivision for the previous calendar year. (B) Determinations of turnout rates As early as practicable during each odd-numbered calendar year, the Attorney General, in consultation with the heads of the relevant offices of the government, shall make the determinations of turnout rates required by this subsection, including the minority and nonminority turnout rates for the general elections for Federal office held in the previous year in each State and political subdivision (expressed as percentages of the citizen voting-age population of the State and subdivision and determined using scientifically accepted statistical methodologies). (C) Effective upon publication in Federal Register A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register. (6) Other definitions In this subsection, the following definitions apply: (A) The term general election for Federal office (B) The term minority (i) of Hispanic or Latino origin; (ii) of a race other than white; or (iii) of 2 or more races. (C) The term nonminority (i) not of Hispanic or Latino origin; (ii) white; and (iii) not of any other race. (D) The term turnout rate (i) the number of individuals in that group who are citizens of the United States, who are 18 years of age or older on the date of the election, and who cast ballots in the election; divided by (ii) the total number of individuals in that group who are citizens of the United States and who are 18 years of age or older on the date of the election. . (2) Conforming amendments Section 4(a) of such Act ( 42 U.S.C. 1973b(a) (A) in paragraph (1) in the first sentence of the matter preceding subparagraph (A), by striking any State with respect to which unless any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless (B) in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) (D) in paragraph (1)(B), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) (E) in paragraph (3), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) (F) in paragraph (5), by striking (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) (G) by striking paragraphs (7) and (8). (b) Clarification of Treatment of Members of Language Minority Groups Section 4(a)(1) of such Act ( 42 U.S.C. 1973b(a)(1) race or color, race or color or in contravention of the guarantees of subsection (f)(2), (c) Repeal of Retention of Jurisdiction of 3-Judge Court Section 4(a)(5) of such Act ( 42 U.S.C. 1973b(a)(5) 4. Promoting transparency to enforce the Voting Rights Act (a) Transparency (1) In general The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. 6. transparency regarding changes to protect voting rights (a) Notice of Enacted Changes (1) Notice of Changes If a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure affecting voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. (2) Deadline for notice A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. (b) Transparency Regarding Polling Place Resources (1) In general In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. (2) Information described The information described in this paragraph with respect to a precinct or polling place is as follows: (A) The name or number. (B) In the case of a polling place, the location, including the street address. (C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. (D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. (E) The number of voting machines assigned. (F) The number of official paid poll workers assigned. (G) The number of official volunteer poll workers assigned. (H) In the case of a polling place, the dates and hours of operation. (3) Updates in information reported If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election, as soon as practicable after the change occurs. (c) Transparency of Changes Relating to Demographics and Electoral Districts (1) Requiring public notice of changes Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). (2) Geographic areas described The geographic areas described in this paragraph are as follows: (A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. (B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. (C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. (3) Demographic and electoral data The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are as follows: (A) The voting age population, broken down by demographic group. (B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group. (C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. (D) The actual number of votes, or (if it is not reasonably practicable for the State or political subdivision to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election and (if the change applies to only one political subdivision) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. (4) Voluntary Compliance by Smaller Jurisdictions Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: (A) A county or parish. (B) A municipality with a population greater than 10,000, as determined under the most recent decennial census. (C) A school district with a population greater than 10,000, as determined under the most recent decennial census. For purposes of this paragraph, the term school district (d) Rules Regarding Format of Information The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. (e) No denial of right To vote The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. (f) Definitions In this section— (1) the term demographic group (2) the term election . (2) Conforming amendment Section 3(a) of such Act ( 42 U.S.C. 1973a(a) in accordance with section 6 (b) Effective Date The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. 5. Authority to assign observers (a) Clarification of Authority in Political Subdivisions Subject to Preclearance Section 8(a)(2)(B) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f(a)(2)(B) (B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th amendment or any provision of this Act or any other law of the United States protecting the right of citizens of the United States to vote; . (b) Assignment of Observers To Enforce Bilingual Election Requirements Section 8(a) of such Act ( 42 U.S.C. 1973f(a) (1) by striking or (2) by adding or (3) by inserting after paragraph (2) the following new paragraph: (3) the Attorney General certifies with respect to a political subdivision that— (A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur, or (B) in the Attorney General’s judgment, the assignment of observers is necessary to enforce the guarantees of section 203; . 6. Injunctive relief (a) Clarification of Scope and Persons Authorized To Seek Relief Section 12(d) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973j(d) (1) by striking section 2, 3, 4, 5, 7, 10, 11, or subsection (b) of this section the 14th or 15th Amendment, this Act, or any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group (2) by striking the Attorney General may institute for the United States, or in the name of the United States, the aggrieved person or (in the name of the United States) the Attorney General may institute (b) Grounds for Granting Relief Section 12(d) of such Act ( 42 U.S.C. 1973j(d) (1) by striking (d) Whenever any person (d)(1) Whenever any person (2) by striking (1) to permit (A) to permit (3) by striking (2) to count (B) to count (4) by adding at the end the following new paragraph: (2) (A) In any action for relief described in this subsection, the court shall grant the relief if the court determines that, on balance, the hardship imposed upon the defendant by the issuance of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted. (B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure affecting voting, the court shall consider the following factors (to the extent applicable to the action): (i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding— (I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II) a violation of this Act; or (III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. (ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging— (I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II) a violation of this Act; or (III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. (iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which it is to take effect. (iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. . 7. Other technical and conforming amendments (a) Actions Covered Under Section 3 Section 3(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973a(c) (1) by striking any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce any action under any statute in which a party (including the Attorney General) seeks to enforce (2) by striking at the time the proceeding was commenced at the time the action was commenced (b) Clarification of Treatment of Members of Language Minority Groups Section 4(f) of such Act ( 42 U.S.C. 1973b(f) (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices are Subject to Preclearance Under Section 5 Section 5 of such Act ( 42 U.S.C. 1973c (1) in subsection (a), by striking based upon determinations made under the first sentence of section 4(b) are in effect are in effect during a calendar year (2) in subsection (a), by striking November 1, 1964 November 1, 1972 the applicable date of coverage (3) by adding at the end the following new subsection: (e) The term applicable date of coverage (1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2015; or (2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2015. .

Voting Rights Amendment Act of 2014

Amends the Reclamation Safety of Dams Act of 1978 to increase the authorization ceiling for FY2014. Increases the maximum amount of funds that may be be obligated for carrying out actual construction to modify an existing dam prior to 30 calendar days from the date that the Secretary of the Interior has transmitted a report on such dam to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate (currently, to Congress). Requires the Secretary, at least 30 days before making modification expenditures of between $1.8 million and $20 million, to submit to such Committees written notice that provides a summary of the project, the cost of the project, and any alternatives that were considered.

To amend the Reclamation Safety of Dams Act of 1978 to modify the authorization of appropriations. 1. Amendments to the Reclamation Safety of Dams Act of 1978 (a) Authorization of appropriations Section 5 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509 necessary and, effective herein necessary (a) Authorization of appropriations Section 5 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509 (1) in the first sentence, by inserting and, effective October 1, 2014, not to exceed an additional $1,10,000,000 (October 1, 2014 price levels) , plus or minus (2) in the proviso— (A) by striking $1,250,000 $20,000,000 (B) by striking “Congress” and inserting Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate (3) by adding at the end the following: For modification expenditures between $1,800,000 and $20,000,000 (October 1, 2013 price levels), the Secretary of the Interior shall, at least 30 days before the date on which the funds are expended, submit written notice of the expenditures to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that provides a summary of the project, the cost of the project, and any alternatives that were considered. (b) Conforming amendment Section 4(c) of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 508(c) additional July 31, 2014 Reported with an amendment

A bill to amend the Reclamation Safety of Dams Act of 1978 to modify the authorization of appropriations.

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Government Publishing Office Act of 2014 - Redesignates the Government Printing Office (GPO) as the Government Publishing Office and the Public Printer and the Deputy Public Printer as the Director of the Government Publishing Office and the Deputy Director of the Government Publishing Office, respectively. Eliminates as a requirement for such positions that such officers be practical printers and versed in the art of bookbinding. 

To rename the Government Printing Office the Government Publishing Office, and for other purposes. 1. Short title This Act may be cited as the Government Publishing Office Act of 2014 2. Redesignation of Government Printing Office to Government Publishing Office (a) In general The Government Printing Office is hereby redesignated the Government Publishing Office. (b) References Any reference to the Government Printing Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Publishing Office. 3. Redesignation of Public Printer to Director of the Government Publishing Office (a) Title 44, United States Code Title 44, United States Code, is amended— (1) by striking Public Printer Director of the Government Publishing Office (2) in the heading for each of sections 301, 302, 303, 304, 305, 306, 307, 502, 710, 1102, 1111, 1115, 1340, 1701, 1712, and 1914, by striking Public Printer Director of the Government Publishing Office (b) Other references Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Public Printer shall be considered to refer and apply to the Director of the Government Publishing Office. 4. Redesignation of Deputy Public Printer to Deputy Director of the Government Publishing Office (a) Title 44, United States Code Title 44, United States Code, is amended— (1) by striking Deputy Public Printer Deputy Director of the Government Publishing Office (2) in the heading for each of sections 302 and 303, by striking Deputy Public Printer Deputy Director of the Government Publishing Office (b) Other references Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Deputy Public Printer shall be considered to refer and apply to the Deputy Director of the Government Publishing Office. 5. Director requirements Section 301 (1) in the first sentence, by striking , who must be a practical printer and versed in the art of bookbinding, (2) in the second sentence, by striking His The 6. Deputy Director requirements Section 302 (1) in the first sentence, by striking , who must be a practical printer and versed in the art of bookbinding, (2) in the second sentence— (A) by striking He The Deputy Director of the Government Publishing Office (B) by striking perform the duties formerly required of the chief clerk, (C) by striking , and perform and perform (D) by striking of him 7. Other conforming amendments Chapter 3 (1) in the first sentence of section 304, by striking or his or the Director's (2) in section 305(a)— (A) by striking he considers the Director considers (B) by striking He may not The Director of the Government Publishing Office may not (3) in section 306, by striking his direction the direction of the Director (4) in section 308— (A) in subsection (b)(1)— (i) by striking his accounts the accounts of the disbursing officer (ii) by striking his name the name of the disbursing officer (B) in subsection (b)(2)— (i) by striking his estate the estate of the disbursing officer (ii) by striking to him to the deputy disbursing officer (iii) by striking his service the service of the deputy disbursing officer (C) in subsection (c)(1)— (i) by striking by him by such officer or employee (ii) by striking his discretion the discretion of the Comptroller General (iii) by striking whenever he whenever the Comptroller General (5) in section 309— (A) in the second sentence of subsection (a), by striking by him by the Director (B) in subsection (f), by striking his or her discretion the discretion of the Comptroller General (6) in section 310, by striking his written request the written request of the Director (7) in section 311(b), by striking he justifies the Director justifies (8) in section 312, by striking his service the service of such officer (9) in section 317, by striking his delegate a delegate of the Director April 10, 2014 Reported without amendment

Government Publishing Office Act of 2014

Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to tribes, tribal colleges or universities, tribal education agencies, schools, and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from prekindergarten through postsecondary education, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development; develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities; fund training opportunities for school staff that strengthen the overall language and academic goals of their schools; develop a Native Language alignment plan to create or refine assessments of student proficiency; and engage in other activities that promote Native American language education and development.

To promote the academic achievement of American Indian, Alaska Native, and Native Hawaiian children with the establishment of a Native American language grant program. 1. Short title This Act may be cited as the Native Language Immersion Student Achievement Act 2. Findings Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act ( Public Law 101–477 (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. 3. Native American language schools Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. D Native American language schools 7401. Native American language schools (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and (2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act ( Public Law 101–477 (b) Program authorized (1) In general From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. (2) Eligible entities In this section, the term eligible entity (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of Native American language instruction being provided to students at such school, if any. (D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. (E) A statement that such school— (i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and (ii) provides assessments of student using the Native American language of instruction, where appropriate. (F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. (2) Additional application materials In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: (A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. (B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. (C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount and length of each grant; (2) ensure, to the maximum extent feasible, that diversity in languages is represented; and (3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. (e) Activities authorized An eligible entity that receives a grant under this section shall carry out the following activities: (1) Support Native American language education and development. (2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. (3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. (4) Other activities that promote Native American language education and development, as appropriate. (f) Report to secretary Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (g) Authorization of appropriation There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years. . 1. Short title This Act may be cited as the Native Language Immersion Student Achievement Act 2. Findings Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act ( Public Law 101–477 (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) Such successful schools include Native American language medium schools focusing primarily on children who enter school speaking Native American languages and immersion schools that focus primarily on teaching Native American languages to children who enter school with little or no knowledge of a Native American language, as well as programs combining features of both types of schools, such as Native American Language Nests and Native American Language Survival Schools. (4) The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (5) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. 3. Native American language schools Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. D Native American language schools 7401. Native American language schools (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools that will improve high school graduation rates, college attainment, and career readiness; and (2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act ( Public Law 101–477 (b) Program authorized (1) In general From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education sites and streams, using Native American languages as the primary language of instruction of all curriculum taught. (2) Eligible entities In this section, the term eligible entity (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of instruction in or through 1 or more Native American languages being provided to targeted students at such school, if any. (D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. (E) A statement that such school— (i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and (ii) provides assessments of student using the Native American language of instruction, where appropriate. (F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. (2) Additional application materials In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: (A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. (B) A statement that such school will collect data relative to high school graduation, college attendance, or other data relevant to student achievement, career readiness, or community participation of students who matriculate through its programs, and will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. (C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount and length of each grant; (2) ensure, to the maximum extent feasible, that diversity in languages is represented; and (3) require the eligible entities to present a Native language education plan that integrates high achievement in the Native American language with improved student academic achievement, high school graduation rates, college attainment, and career readiness. (e) Activities authorized An eligible entity that receives a grant under this section shall carry out the following activities: (1) Support Native American language education and development. (2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. (3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. (4) Develop a Native Language alignment plan to create or refine assessments of student proficiency on State or tribally-developed academic standards for Native American language schools, aligned with the Native language of instruction in such schools, as appropriate. (5) Other activities that promote Native American language education and development, as appropriate. (f) Report to secretary Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (g) Authorization of appropriation There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years. . August 26, 2014 Reported with an amendment

Native Language Immersion Student Achievement Act

Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014 - Designates certain federal land in the Olympic National Forest in the state of Washington as wilderness and as components of the National Wilderness Preservation System. Designates certain other land, identified on the same map as such proposed areas, as potential wilderness. Amends the Wild and Scenic Rivers Act to designate as wild, scenic, or recreational rivers specified segments of the following rivers in the state of Washington: Elwha River; Dungeness River; Big Quilcene River; Dosewallips River; Duckabush River; Hamma Hamma River; South Fork Skokomish River; Middle Fork Satsop River; West Fork Satsop River; Wynoochee River; East Fork Humptulips River; West Fork Humptulips River; Quinault River; Queets River; Hoh River; Bogachiel River; South Fork Calawah River; Sol Duc River; and Lyre River. Authorizes the Secretary of Agriculture (USDA) to take necessary measures to control fire, insects, and diseases in the wilderness areas designated by this Act. Withdraws the federal land within the boundaries of the designated river segments from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.

To designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes. 1. Short title This Act may be cited as the Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014 2. Findings Congress finds that— (1) wilderness and wild and scenic river designations provide myriad benefits to the local community and beyond, including— (A) recreation, as evidenced by the more than 12,000,000 visitors each year to wilderness areas who participate in recreation activities such as hiking, horseback riding, hunting, fishing, skiing, climbing, camping, and floating and rafting; (B) wildlife habitat, by providing permanent and durable protection for habitat for varied wildlife species, including endangered species; (C) clean water for local communities that rely on the Olympic National Forest as the source for clean and safe drinking water; (D) municipal watersheds for cities such as Port Townsend, Washington; (E) the ancient forests, salmon streams, and unique scenery of the Olympic National Forest, which provide local businesses with a competitive edge over other regions in attracting and retaining the talented people required by local companies; (F) the popular National Parks, monuments, wilderness areas, and other public land of the West, which have provided a competitive advantage to the growing high technology and professional services industries of the West, such as health care, education, and business, enabling the West to outperform the rest of the United States economy in key measures of growth, including employment, population, and personal income during the 4 decades immediately preceding the date of enactment of this Act; and (G) protecting and enhancing local travel, tourism, hunting, fishing, and outdoor recreation industries; (2) under the Wilderness Act (16 U.S.C. 1131 et seq.)— (A) land designated as wilderness protects ecological, geological, or other features of scientific, scenic, or historical value (B) Federal agencies retain the ability to use any means necessary to protect and control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate; and (C) wilderness designations do not apply to private land; (3) this Act does not designate private land inholdings as wilderness; (4) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.)— (A) certain rivers are preserved to safeguard outstanding natural, cultural, and recreational values for current and future generations; (B) designation as a wild and scenic river does not give the Federal Government control over private property and provides no additional authority for expanding designated river segments, except as provided in this Act and other Acts; (C) existing water rights are not impacted; (D) the jurisdiction of the States and the Federal Government over waters are not impacted, as determined by established principles of law; and (E) river segments classified as scenic recreational (5) the areas protected under this Act unquestionably meet all requirements under Federal law (including regulations), as the areas contain— (A) old growth stands, temperate rain forests, and large swaths of roadless forests, more than 99 percent of which could not be commercially harvested under existing Federal law (including regulations); (B) the wilderness areas established under this Act are areas that are prized by hikers, hunters, anglers, and others and will be preserved and protected for recreational enjoyment for generations to come; and (C) rivers and tributaries that— (i) are a source of clean water for many communities on the Olympic Peninsula; and (ii) provide important habitat for salmon and other species of fish and supply the cold freshwater that feeds the Puget Sound and creates the necessary conditions for clams, oysters, and mussels, whose growers contribute more than $250,000,000 to the economy and support thousands of jobs in the State of Washington; (6) as a result of this Act— (A) no roads would be closed; (B) management decisions by local Forest Service managers as to which roads should be closed, maintained, or remain open for public access will not be impacted and any ongoing travel management processes will continue to be the manner by which those decisions are made, along with public input; and (C) no private land would be subject to management under the Wilderness Act (16 U.S.C. 1131 et seq.) or the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); (7) private property rights are central to the United States and the economy of the United States, and it shall be the policy of the United States to encourage, support, and promote the private ownership of property to ensure that the constitutional and other legal rights of private property owners are not abridged by the Federal Government; (8) the Olympic Peninsula is home to 8 federally recognized Indian tribes; and (9) the United States acknowledges the trust obligations of the Federal Government to Indian tribes and recognizes that— (A) the case styled United States v. Washington (384 F. Supp. 312) guaranteed certain Indian tribes in the State of Washington harvest rights to Pacific salmon, leading to employment opportunities for tribal members; (B) tribal governments provide a wide range of critical services to enrolled members, including education and cultural activities; (C) Indian tribes engage in ongoing efforts to restore and improve salmon populations and habitat across the Olympic Peninsula, frequently in conjunction with Federal, State, and local governments and private stakeholders; and (D) ongoing tribal efforts to protect and improve salmon habitat and the habitats of other threatened species populations are encouraged and supported in order to support the long-term health of the ecosystem and the economic benefit those resources provide. 3. Designation of Olympic National Forest wilderness areas (a) In General In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act map (1) Lost Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the Lost Creek Wilderness (2) Rugged Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the Rugged Ridge Wilderness (3) Alckee Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the Alckee Creek Wilderness (4) Gates of the Elwha Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the Gates of the Elwha Wilderness (5) Buckhorn Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Buckhorn Wilderness 16 U.S.C. 1132 Public Law 98–339 (6) Green Mountain Wilderness Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the Green Mountain Wilderness (7) The Brothers Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the The Brothers Wilderness 16 U.S.C. 1132 Public Law 98–339 (8) Mount Skokomish Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Mount Skokomish Wilderness 16 U.S.C. 1132 Public Law 98–339 (9) Wonder Mountain Wilderness additions Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Wonder Mountain Wilderness 16 U.S.C. 1132 Public Law 98–339 (10) Moonlight Dome Wilderness Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the Moonlight Dome Wilderness (11) South Quinault Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the South Quinault Ridge Wilderness (12) Colonel Bob Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Colonel Bob Wilderness 16 U.S.C. 1132 Public Law 98–339 (13) Sam’s River Wilderness Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the Sam’s River Wilderness (14) Canoe Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the Canoe Creek Wilderness (b) Administration (1) Management Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the Secretary 16 U.S.C. 1131 et seq. (2) Map and description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with— (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Effect Each map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public availability Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Potential wilderness (1) In general In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as Potential Wilderness (2) Designation as wilderness On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) have terminated, the potential wilderness shall be— (A) designated as wilderness and as a component of the National Wilderness Preservation System; and (B) incorporated into the adjacent wilderness area. (d) Adjacent management (1) No protective perimeters or buffer zones The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area. (2) Nonconforming uses permitted outside of boundaries of wilderness areas Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area. (e) Fire, insects, and diseases The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this section, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) 4. Wild and scenic river designations (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Elwha River, Washington The approximately 29.0-mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river. (209) Dungeness River, Washington The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: (A) The approximately 5.8-mile segment from the headwaters to the 2860 Bridge, as a wild river. (B) The approximately 2.1-mile segment from the 2860 Bridge to Silver Creek, as a scenic river. (C) The approximately 2.7-mile segment from Silver Creek to Sleepy Hollow Creek, as a wild river. (D) The approximately 6.3-mile segment from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river. (E) The approximately 1.9-mile segment from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, as a recreational river. (F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river. (G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river. (210) Big Quilcene River, Washington The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river. (B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river. (C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary. (211) Dosewallips River, Washington The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river. (B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river. (212) Duckabush River, Washington The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river. (B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river. (213) Hamma Hamma River, Washington The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW 1/4 (A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river. (B) The approximately 5.8-mile segment from the Mt. Skokomish wilderness boundary to Lena Creek, as a scenic river. (C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW 1/4 (214) South Fork Skokomish River, Washington The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 6.7-mile segment from the headwaters to Rule Creek, as a wild river. (B) The approximately 8.3-mile segment from Rule Creek to LeBar Creek, as a scenic river. (C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW 1/4 (D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river. (215) Middle Fork Satsop River, Washington The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (216) West Fork Satsop River, Washington The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (217) Wynoochee River, Washington The segment of the Wynoochee River from the headwaters to Clark Creek to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 1.7-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river. (B) The approximately 8.2-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river. (218) East Fork Humptulips River, Washington The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome wilderness boundary, as a wild river. (B) The approximately 10.3-mile segment from the Moonlight Dome wilderness boundary to the Olympic National Forest boundary, as a scenic river. (219) West Fork Humptulips River, Washington The approximately 21.4-mile segment of the West Fork Humptulips River from the source to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river. (220) Quinault River, Washington The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river. (B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. (C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river. (221) Queets River, Washington The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river. (B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river. (C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river. (D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, as a scenic river. (222) Hoh River, Washington The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river. (B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the National Park boundary, as a wild river. (D) The approximately 4.6-mile segment of the South Fork Hoh River from the National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, as a recreational river. (223) Bogachiel River, Washington The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river. (224) South Fork Calawah River, Washington The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, including the following segments in the following classes: (A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river. (B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river. (C) The approximately 1.6-mile segment of the Sitkum River from the source to the Rugged Ridge Wilderness boundary, as a wild river. (D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. (225) Sol Duc River, Washington The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river. (B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river. (D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river. (E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (226) Lyre River, Washington The approximately 0.2-mile segment of the Lyre River from Crescent Lake to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river. . (b) Effect The amendment made by subsection (a) does not affect valid existing water rights. 5. Existing rights and withdrawal (a) In general In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) (b) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by this Act and the amendment made by section 4(a) is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 6. Treaty rights Nothing in this Act alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian tribe with hunting, fishing, gathering, and cultural or religious rights in the Olympic National Forest as protected by a treaty.

Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014

Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 - Amends federal veterans provisions to revise or add provisions concerning medical services and other benefits provided to veterans and/or their dependents through the Department of Veterans Affairs (VA) relating to the following areas: survivor and dependent matters, including benefits for children of certain veterans born with spina bifida; education matters, including the approval of courses for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs; the expansion and extension of certain health care benefits, including immunizations, chiropractic care, treatment for traumatic brain injury, and wellness promotion; health care administration, including extension of the Department of Veterans Affairs Health Professional Scholarship Program; complementary and alternative medicine; mental health care, including an education program and peer support program for family members and caregivers of veterans with mental health disorders; dental care eligibility and expansion, including a program of education to promote dental health in veterans; health care related to sexual trauma, including appropriate counseling and treatment and a screening mechanism to detect incidents of domestic abuse; reproductive treatment and services, including fertility counseling as well as adoption assistance for severely wounded veterans; major medical facility leases; veterans' employment training and related services; veterans' employment, including within the federal government and as first responders; career transition services; employment and reemployment rights of members of the Armed Forces after active duty service; small business matters, including contracting and subcontracting participation goals with federal departments and agencies; administrative matters, including regional support centers for Veterans Integrated Service Networks; the revision of claims based on military sexual trauma as well as claims for dependency and indemnity compensation; jurisdictional matters, including with respect to the Board of Veterans' Appeals and the Court of Appeals for Veterans Claims; and outreach and miscellaneous matters, including repeal of the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62.

To improve the provision of medical services and benefits to veterans, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. Sec. 3. Budgetary effects. TITLE I—Survivor and Dependent Matters Sec. 101. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children. Sec. 102. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55. Sec. 103. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension. Sec. 104. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment. Sec. 105. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. Sec. 106. Expansion of Yellow Ribbon G.I. Education Enhancement Program. Sec. 107. Benefits for children of certain Thailand service veterans born with spina bifida. Sec. 108. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida. Sec. 109. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces. Sec. 110. Program evaluation on survivors' and dependents' educational assistance authorities. TITLE II—Education Matters Sec. 201. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. Sec. 202. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs. Sec. 203. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill. Sec. 204. Review of utilization of educational assistance to pursue programs of training on the job and participating employers. Sec. 205. Report on debt management and collection. Sec. 206. Restoration of prior reporting fee multipliers. TITLE III—Health Care Matters Subtitle A—Expansion and Improvements of Benefits Generally Sec. 301. Enhancement of nature of eligibility for care of certain veterans. Sec. 302. Requirement for enrollment in patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll. Sec. 303. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war. Sec. 304. Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program. Sec. 305. Improved access to appropriate immunizations for veterans. Sec. 306. Expansion of provision of chiropractic care and services to veterans. Sec. 307. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water. Sec. 308. Expansion of emergency treatment reimbursement for certain veterans. Sec. 309. Relocation and restatement of limitation on requirements to furnish certain care and services contingent on the availability of appropriations. Sec. 310. Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs. Sec. 311. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report. Sec. 312. Coverage of costs of care for veterans at medical foster homes. Sec. 313. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury. Sec. 314. Program on health promotion for overweight and obese veterans through support of fitness center memberships. Sec. 315. Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities. Subtitle B—Health Care Administration Sec. 321. Extension of Department of Veterans Affairs Health Professional Scholarship Program. Sec. 322. Expansion of availability of prosthetic and orthotic care for veterans. Sec. 323. Contracting for health care. Sec. 324. Limitation on expansion of dialysis pilot program. Sec. 325. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department. Sec. 326. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs. Sec. 327. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs. Sec. 328. Report on provision of telemedicine services. Sec. 329. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. Subtitle C—Complementary and Alternative Medicine Sec. 331. Expansion of research and education on and delivery of complementary and alternative medicine to veterans. Sec. 332. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers. Sec. 333. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. Sec. 334. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans. Subtitle D—Mental Health Care Sec. 341. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs. Sec. 342. Education program and peer support program for family members and caregivers of veterans with mental health disorders. Sec. 343. Report on provision of mental health services for families of certain veterans at facilities of the Department. Sec. 344. Annual report on community mental health partnership pilot program. Subtitle E—Dental care eligibility expansion and enhancement Sec. 351. Restorative dental services for veterans. Sec. 352. Pilot program on expansion of furnishing of dental care to all enrolled veterans. Sec. 353. Program on education to promote dental health in veterans. Sec. 354. Information on dental services for inclusion in electronic medical records under dental insurance pilot program. Sec. 355. Authorization of appropriations. Subtitle F—Health care related to sexual trauma Sec. 361. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training. Sec. 362. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. Sec. 363. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse. Sec. 364. Reports on military sexual trauma and domestic abuse. Subtitle G—Reproductive treatment and services Sec. 371. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services. Sec. 372. Reproductive treatment and care for spouses and surrogates of veterans. Sec. 373. Adoption assistance for severely wounded veterans. Sec. 374. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs. Sec. 375. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment. Sec. 376. Facilitation of reproduction and infertility research. Sec. 377. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs. Sec. 378. Program on assistance for child care for certain veterans. Sec. 379. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces. Subtitle H—Major medical facility leases Sec. 381. Authorization of major medical facility leases. Sec. 382. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. TITLE IV—Employment and Related Matters Subtitle A—Training and other services for veterans seeking employment Sec. 401. Reauthorization of veterans retraining assistance program. Sec. 402. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses. Sec. 403. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law. Sec. 404. Unified employment portal for veterans. Sec. 405. Report on unified Government Internet portal for veterans on jobs available through the Federal Government. Sec. 406. Information on disability-related employment and education protections in Transition Assistance Program. Subtitle B—Employment of veterans and recognition of veteran status with respect to employment related matters Sec. 411. Employment of veterans with the Federal Government. Sec. 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans. Sec. 413. Grants to hire veterans as first responders. Sec. 414. Employment of veterans as evaluation factor in the awarding of Federal contracts. Sec. 415. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market. Subtitle C—Program on Career Transition Sec. 421. Program on provision of career transition services to young veterans. Subtitle D—Improving employment and reemployment rights of members of the uniformed services Sec. 431. Enforcement of rights of members of uniformed services with respect to States and private employers. Sec. 432. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services. Sec. 433. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies. Sec. 434. Issuance and service of civil investigative demands by Attorney General. Subtitle E—Small Business Matters Sec. 441. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans. Sec. 442. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners. Sec. 443. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences. Sec. 444. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States. Sec. 445. Report on assistance for veterans in obtaining training on purchasing and operating a franchise. TITLE V—Accountability and Administrative Improvements Sec. 501. Administration of Veterans Integrated Service Networks. Sec. 502. Regional support centers for Veterans Integrated Service Networks. Sec. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities. Sec. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs. Sec. 505. Public access to Department of Veterans Affairs research and data sharing between Departments. Sec. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration. Sec. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs. TITLE VI—Improvement of Processing of Claims for Compensation Subtitle A—Claims Based on Military Sexual Trauma Sec. 601. Medical examination and opinion for disability compensation claims based on military sexual trauma. Sec. 602. Case representative officers for military sexual trauma support. Sec. 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma. Sec. 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma. Subtitle B—Claims for dependency and indemnity compensation Sec. 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims. Sec. 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children. Subtitle C—Agency of Original Jurisdiction Sec. 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment. Sec. 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators. Sec. 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies. Sec. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs. Sec. 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs. Sec. 626. Department of Veterans Affairs notice of average times for processing compensation claims. Sec. 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated. Sec. 628. Reports on use of existing authorities to expedite benefits decisions. Sec. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations. Subtitle D—Board of Veterans' Appeals and Court of Appeals for Veterans Claims Sec. 631. Treatment of certain misfiled documents as a notice of appeal to the Court of Appeals for Veterans Claims. Sec. 632. Determination of manner of appearance for hearings before Board of Veterans' Appeals. TITLE VII—Outreach Matters Sec. 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations. Sec. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities. Sec. 703. Advisory committee on outreach activities of Department of Veterans Affairs. Sec. 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care. Sec. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs. Sec. 706. Budget transparency for outreach activities of Department of Veterans Affairs. TITLE VIII—Other Matters Sec. 801. Repeal of reductions made by Bipartisan Budget Act of 2013. Sec. 802. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension. Sec. 803. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities. Sec. 804. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans. Sec. 805. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans. Sec. 806. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders. Sec. 807. Authority to issue Veterans ID Cards. Sec. 808. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces. Sec. 809. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification purposes. Sec. 810. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans. Sec. 811. Review of determination of certain service in Philippines during World War II. Sec. 812. Review of determination of certain service of merchant mariners during World War II. Sec. 813. Report on Laotian military support of Armed Forces of the United States during Vietnam War. Sec. 814. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss. Sec. 815. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans. Sec. 816. Limitation on aggregate amount of bonuses payable to personnel of the Department of Veterans Affairs during fiscal year 2014. 2. 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. 3. Budgetary effects (a) Paygo scorecard The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) (b) Senate paygo scorecard The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). I Survivor and Dependent Matters 101. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children (a) In general Section 1311(f)(2) two-year three-year (b) Effective date The amendment made by subsection (a) shall take effect as of September 30, 2014, and shall apply to any surviving spouse who was eligible for or in receipt of benefits under section 1311(f) 102. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55 (a) In general Paragraph (2)(B) of section 103(d) (B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. . (b) Conforming amendment Paragraph (5) of such section is amended by striking Paragraphs (2)(A) Paragraphs (2) (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 103. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension Section 1541(f)(1)(E) January 1, 2001 the date that is 10 years and one day after the date on which the Persian Gulf War was terminated, as prescribed by Presidential proclamation or by law 104. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment Section 5110(l) , or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce, 105. Expansion of Marine Gunnery Sergeant John David Fry Scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 or spouse child (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 . (c) Conforming amendment Section 3321(b)(4) (1) by striking an individual a child (2) by striking such individual’s such child’s (d) Effective date The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act. 106. Expansion of Yellow Ribbon G.I. Education Enhancement Program (a) In general Section 3317(a) in paragraphs (1) and (2) in paragraphs (1), (2), and (9) (b) Effective date The amendment made by subsection (a) shall apply with respect to academic terms beginning after July 1, 2015. 107. Benefits for children of certain Thailand service veterans born with spina bifida (a) In general Subchapter III of chapter 18 1822. Benefits for children of certain Thailand service veterans born with spina bifida (a) Benefits authorized The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. (b) Spina bifida conditions covered This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. (c) Veteran of covered service in Thailand For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who— (1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and (2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. (d) Herbicide agent For purposes of this section, the term herbicide agent . (b) Conforming amendment to definition of child Section 1831(1) (1) in subparagraph (B)— (A) by striking subchapter III of this chapter section 1821 of this title (B) in clause (i), by striking section 1821 of this title that section (2) by adding at the end the following new subparagraph: (C) For purposes of section 1822 (i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. . (c) Clerical amendments (1) Subchapter heading The heading for subchapter III of chapter 18 and Thailand Korea (2) Table of sections The table of sections at the beginning of chapter 18 (A) by striking the item relating to subchapter III and inserting the following new item: Subchapter III—Children of certain Korea and Thailand service veterans born with spina bifida ; and (B) by inserting after the item relating to section 1821 the following new item: 1822. Benefits for children of certain Thailand service veterans born with spina bifida. . (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 108. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida (a) Program Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of providing assisted living, group home care, or similar services in lieu of nursing home care to covered individuals. (b) Covered individuals For purposes of this section, a covered individual is any individual who is entitled to health care under subchapter I or III of chapter 18 (c) Duration (1) In general Except as otherwise provided in this subsection, the program shall be carried out during the three-year period beginning on the date of the commencement of the program. (2) Continuation Subject to paragraph (3), the Secretary may continue the program for an additional two-year period as the Secretary considers appropriate. (3) Termination The program may not operate after the date that is five years after the date of the commencement of the program. (d) Scope of services and program Under the program, the Secretary shall provide covered individuals with integrated, comprehensive services, including the following: (1) Assisted living, group home care, or such other similar services as the Secretary considers appropriate. (2) Transportation services. (3) Such other services as the Secretary considers appropriate for the care of covered individuals under the program. (e) Program requirements In carrying out the program, the Secretary shall— (1) inform all covered individuals of the services available under the program; (2) enter into agreements with appropriate providers of assisted living, group home care, or other similar services for provision of services under the program; and (3) determine the appropriate number of covered individuals to be enrolled in the program and criteria for such enrollment. (f) Reports (1) Preliminary reports (A) In general Not later than one year after the date of the commencement of the program and, if the program is continued under subsection (c)(2), not later than three years after the date of the commencement of the program, the Secretary 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 program. (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the program. (ii) The number of covered individuals receiving benefits under the program. (iii) An analysis that compares the costs of furnishing assisted living, group home care, or similar service with the costs of furnishing nursing home care. (iv) An analysis of the costs and benefits under the program. (v) The findings and conclusions of the Secretary with respect to the program. (vi) Such recommendations for the continuation or expansion of the program as the Secretary may have. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary 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 program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program. (ii) Such recommendations for the continuation or expansion of the program as the Secretary may have. (g) Funding Amounts to carry out the program shall be derived from amounts appropriated or otherwise made available for the furnishing of nursing home care under chapter 18 (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 109. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces (a) Program required (1) In general Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a program to assess the feasibility and advisability of providing grief counseling services described in subsection (b) in group retreat settings to surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces who would, as determined by the Readjustment Counseling Service, benefit from the services provided under the program. (2) Participation at election of surviving spouse The participation of a surviving spouse in the program under this section shall be at the election of the surviving spouse. (b) Covered services The services provided to a surviving spouse under the program shall include the following: (1) Information and counseling on coping with grief. (2) Information about benefits and services available to surviving spouses under laws administered by the Secretary. (3) Such other information and counseling as the Secretary considers appropriate to assist a surviving spouse under the program with adjusting to the death of a spouse. (c) Events The Secretary shall carry out the program at not fewer than six events as follows: (1) Three events at which surviving spouses with dependent children are encouraged to bring their children. (2) Three events at which surviving spouses with dependent children are not encouraged to bring their children. (d) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (e) Reports (1) In general Not later than 180 days after the completion of the first year of the program and not later than 180 days after the completion of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall contain the findings and conclusions of the Secretary as a result of the program, and shall include such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (f) Definitions In this section, the terms active duty Armed Forces surviving spouse section 101 (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 110. Program evaluation on survivors' and dependents' educational assistance authorities (a) In general The Secretary of Veterans Affairs shall enter into a contract with an appropriate private sector entity to conduct a program evaluation of the authorities for survivors' and dependents' educational assistance under chapter 35 (b) Report Not later than six months after the entry into the contract required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the results of the program evaluation conducted pursuant to the contract, together with such comments on the results of the program evaluation as the Secretary considers appropriate. (c) Effective date This section shall take effect one year after the date of the enactment of this Act. II Education Matters 201. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans (a) In general Section 3679 (c) (1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. (B) An individual who is entitled to assistance under section 3311(b)(9) 3319 (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4) It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State. (5) The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate. (6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . (b) Effective date Subsection (c) of section 3679 202. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs (a) Extension of expiring current authority Section 3485(a)(4) June 30, 2013 June 30, 2015 (b) Expansion to outreach services provided through congressional offices Such section is further amended by adding at the end the following new subparagraph: (K) During the period beginning on June 30, 2013, and ending on June 30, 2015, the following activities carried out at the offices of Members of Congress for such Members: (i) The distribution of information to members of the Armed Forces, veterans, and their dependents about the benefits and services under laws administered by the Secretary and other appropriate governmental and nongovernmental programs. (ii) The preparation and processing of papers and other documents, including documents to assist in the preparation and presentation of claims for benefits under laws administered by the Secretary. . (c) Annual reports (1) In general Not later than June 30 of 2014 and 2015, the Secretary of Veterans Affairs shall submit to Congress a report on the work-study allowances paid under paragraph (1) of section 3485(a) (2) Contents Each report submitted under paragraph (1) shall include, for the year covered by such report, the following: (A) A description of the recipients of such work-study allowances. (B) A list of the locations where qualifying work-study activities were carried out. (C) A description of the outreach conducted by the Secretary to increase awareness of the eligibility of such work-study activities for such work-study allowances. 203. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill (a) In general Subchapter II of chapter 36 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill (a) Prohibition (1) No person may, except with the written permission of the Secretary, use the words and phrases covered by this subsection in connection with any promotion, goods, services, or commercial activity in a manner that reasonably and falsely suggests that such use is approved, endorsed, or authorized by the Department or any component thereof. (2) For purposes of this subsection, the words and phrases covered by this subsection are as follows: (A) GI Bill (B) Post-9/11 GI Bill (3) A determination that a use of one or more words and phrases covered by this subsection in connection with a promotion, goods, services, or commercial activity is not a violation of this subsection may not be made solely on the ground that such promotion, goods, services, or commercial activity includes a disclaimer of affiliation with the Department or any component thereof. (b) Enforcement by Attorney General (1) When any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. (2) Such court may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. . (b) Clerical amendment The table of sections at the beginning of chapter 36 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill. . 204. Review of utilization of educational assistance to pursue programs of training on the job and participating employers (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a review of— (1) the utilization of educational assistance under laws administered by the Secretary of Veterans Affairs to pursue programs of training on the job (other than programs of apprenticeship); and (2) the availability of such programs to individuals seeking to pursue such programs with such educational assistance. (b) Report (1) In general Not later than two years after the date on which the Secretary commences the review required by subsection (a), the Secretary shall submit to Congress a report on such review. (2) Contents The report required by paragraph (1) shall include the following: (A) The extent of utilization as described in paragraph (1) of subsection (a). (B) An assessment of the availability of programs as described in paragraph (2) of such subsection. (C) A description of any barriers the Secretary has identified to greater utilization of educational assistance for pursuit of a program of training on the job or availability of such programs. (D) Such recommendations for legislative or administrative action as the Secretary may have to increase or decrease such utilization or availability. (E) Such other matters as the Secretary considers appropriate. 205. Report on debt management and collection (a) Report Not later than one year after the effective date specified in subsection (c), the Comptroller General of the United States 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 processes used by the Department of Veterans Affairs to identify and resolve cases of incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (b) Issues addressed The report required by subsection (a) shall, to the extent possible, address the following: (1) The effectiveness of the processes referred to in subsection (a) in identifying and resolving incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (2) The accuracy of overpayment information provided to veterans by the Education Service and Debt Management Center of the Department. (3) How well the Debt Management Center of the Department communicates and works with veterans to resolve disputed debt amounts. (4) How the payment and debt collection processes of the Department compare to comparable programs in other Federal agencies. (5) Any recommendations to improve the payment and debt collection processes of the Department that the Comptroller General considers appropriate. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 206. Restoration of prior reporting fee multipliers Section 3684(c) (1) by striking $12 $7 (2) by striking $15 $11 III Health Care Matters A Expansion and Improvements of Benefits Generally 301. Enhancement of nature of eligibility for care of certain veterans (a) Nursing home care for category 2 through 6 veterans Paragraph (2) of section 1710(a) and medical services, and may furnish nursing home care , medical services, and nursing home care (b) Care for category 8 veterans Paragraph (3) of such section is amended by striking may, to the extent resources and facilities are available and shall, 302. Requirement for enrollment in patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll (a) Requirement for enrollment Section 1705 (d) (1) The Secretary shall provide for the enrollment in the patient enrollment system of veterans specified in paragraph (2) by not later than December 31, 2014. (2) Veterans specified in this paragraph are as follows: (A) Veterans with noncompensable service-connected disabilities rated as zero percent disabling who— (i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 (B) Veterans without service-connected disability who— (i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act. (3) A veteran who, after enrolling in the patient enrollment system pursuant to this subsection, obtains access to health insurance other than through a health exchange shall remain enrolled in the patient enrollment system notwithstanding obtaining access to such health insurance. (4) A veteran enrolled in the patient enrollment system pursuant to this subsection shall maintain the priority for care of the veteran at the time of enrollment unless and until a change in circumstances of the veteran results in a higher priority for care of the veteran under subsection (a). . (b) Verification of eligibility for enrollment (1) Use of information on health insurance coverage (A) In general Chapter 53 5319. Review of reporting of health insurance coverage The Secretary shall notify each veteran who enrolls under subsection (d) of section 1705 section 6103( l . (B) Clerical amendment The table of sections at the beginning of chapter 53 5319. Review of reporting of health insurance coverage. . (2) Disclosure of return information by Internal Revenue Service Section 6103( l (23) Disclosure of certain return information for verification of eligibility of veterans for enrollment in Department of Veterans Affairs patient enrollment system (A) Return information from Internal Revenue Service The Secretary shall, upon written request, disclose current return information from returns under section 6055 with respect to minimum essential coverage of individuals to the Secretary of Veterans Affairs for the purposes of verifying the eligibility of veterans for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(d) (B) Restriction on disclosure The Secretary shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph. (C) Restriction on use of disclosed information Return information disclosed under subparagraph (A) may be used by the Secretary of Veterans Affairs only for the purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph. . (c) Public notice of commencement of enrollment The Secretary of Veterans Affairs shall publish in the Federal Register, and shall make available to the public on an Internet website of the Department of Veterans Affairs, a notice regarding the date on which veterans covered by subsection (d) of section 1705 303. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war Section 1710(e)(3) (1) in subparagraph (A), by striking the date that is five years before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, after a period of five years January 27, 2003, after a period of 10 years (2) in subparagraph (B), by striking more than five years before January 28, 2003, and who did not enroll in the patient enrollment system under section 1705 304. Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program Section 1720G(a)(2)(B) on or after September 11, 2001 305. Improved access to appropriate immunizations for veterans (a) Inclusion of recommended adult immunizations as medical services (1) Covered benefit Subparagraph (F) of section 1701(9) (F) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; . (2) Recommended adult immunization schedule defined Section 1701 (10) The term recommended adult immunization schedule . (b) Inclusion of recommended adult immunizations in annual report Section 1704(1)(A) (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by inserting after clause (ii) the following new clause: (iii) to provide veterans each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. . (c) Report to Congress (1) In general Not later than two years after the date of the enactment of this Act, 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 development and implementation by the Department of Veterans Affairs of quality measures and metrics, including targets for compliance, to ensure that veterans receiving medical services under chapter 17 (2) Recommended adult immunization schedule defined In this subsection, the term recommended adult immunization schedule section 1701(10) (3) Effective date This subsection shall take effect on the date that is one year after the date of the enactment of this Act. 306. Expansion of provision of chiropractic care and services to veterans (a) Program for provision of chiropractic care and services to veterans Section 204(c) of the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 ( Public Law 107–135 38 U.S.C. 1710 (1) by inserting (1) The program (2) by adding at the end the following new paragraph: (2) The program shall be carried out at not fewer than two medical centers or clinics in each Veterans Integrated Service Network by not later than one year after the effective date specified in section 306(c) of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 . (b) Expanded chiropractor services available to veterans (1) Medical services Paragraph (6) of section 1701 (H) Chiropractic services. . (2) Rehabilitative services Paragraph (8) of such section is amended by inserting chiropractic, counseling, (3) Preventive health services Paragraph (9) of such section is amended— (A) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively; and (B) by inserting after subparagraph (E) the following new subparagraph (F): (F) periodic and preventive chiropractic examinations and services; . (c) Effective date This section and the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 307. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water (a) Modification Section 1710(e)(1)(F) January 1, 1957, August 1, 1953 (or such earlier date for the commencement of exposure to contaminated water at Camp Lejeune as the Secretary, in consultation with the Agency for Toxic Substances and Disease Registry, shall specify), (b) Publication The Secretary of Veterans Affairs shall publish in the Federal Register a notice of any earlier date for the commencement of exposure to contaminated water at Camp Lejeune, North Carolina, for purposes of section 1710(e)(1)(F) 308. Expansion of emergency treatment reimbursement for certain veterans (a) In general Section 1725(b)(2)(B) (1) by inserting (i) (B) (2) by striking the period at the end and inserting ; or (3) by adding at the end the following: (ii) the veteran was unable to receive care under this chapter within such 24-month period because of a waiting period imposed by the Department with respect to a new patient examination of such veteran. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 309. Relocation and restatement of limitation on requirements to furnish certain care and services contingent on the availability of appropriations (a) Relocation and restatement Section 1707 (c) (1) The requirements specified in paragraph (2) shall be effective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts for such purposes. (2) The requirements specified in this paragraph are as follows: (A) The requirement in paragraphs (1), (2), and (3) of section 1710(a) (B) The requirement in section 1710A(a) (C) The requirement in section 1710B (D) The requirement in section 1745 . (b) Conforming repeal of superseded limitation Section 1710(a) (1) by striking paragraph (4); and (2) by redesignating paragraph (5) as paragraph (4). 310. Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs (a) Areas of residence The Secretary of Veterans Affairs shall modify the areas in which veterans reside as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(a)(7) (1) Any area so specified shall be within only one State. (2) Any area so specified shall be co-extensive with one or more counties (or similar political subdivisions) in the State concerned. (b) Variable income thresholds The Secretary shall modify the thresholds for income as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system referred to in subsection (a) to meet the requirements as follows: (1) There shall be one income threshold for each State, equal to the highest income threshold among the counties within such State. (2) The calculation of the highest income threshold of a county shall be consistent with the calculation used for purposes of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) (3) The timing and methodology for implementing any modifications in geographic income thresholds pursuant to paragraph (1) shall be determined by the Secretary in such a manner as to permit the Department to build capacity for enrolling such additional veterans in the patient enrollment system of the Department as become eligible for enrollment as a result of such modifications, except that all required modifications shall be completed not later than five years after date of the enactment of this Act. 311. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report (a) Extension of sunset date Subsection (a)(2) of section 111A December 31, 2014 September 30, 2015 (b) Funding available Such section is further amended by adding at the end the following new subsection: (c) Funding There is hereby authorized to be appropriated for each of fiscal years 2014 and 2015 for the Department, $4,000,000 to carry out this section. . (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on— (1) the efforts of the Secretary to carry out the transportation services required by section 111A(a) (2) the utilization of those services by covered veterans; and (3) the feasibility and advisability of the continuation of the provision of such services after September 30, 2015. 312. Coverage of costs of care for veterans at medical foster homes (a) In general In conducting the medical foster home program pursuant to section 17.73 (b) Effective date Subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 313. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury (a) Extension of program Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C a five-year an eight-year (b) Modification of locations Subsection (b) of such section is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: (1) In general The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. (2) Located in same region as polytrauma centers Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs. . (c) Modification of report requirements Subsection (e) of such section is amended to read as follows: (e) Reports (1) Annual report (A) In general Not later than two years after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the pilot program during the year preceding the submission of the report. (ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report. (iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. (iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. (2) Final report (A) In general Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on the pilot program. (B) Elements The final report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. (iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program. . (d) Modification of definitions (1) Community-based brain injury residential rehabilitative care services Such section is further amended— (A) in the section heading, by striking assisted living community-based brain injury residential rehabilitative care (B) in subsection (c), in the subsection heading, by striking assisted living community-based brain injury residential rehabilitative care (C) by striking assisted living community-based brain injury rehabilitative care (D) in subsection (f)(1), by striking and personal care rehabilitation, and personal care (2) Eligible veteran Subsection (f)(3) of such section is amended— (A) in subparagraph (C), by striking ; and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (E) has a traumatic brain injury that is classified as complex-mild to severe. . (e) Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C (f) Effective date The amendments made by this section shall take effect on October 1, 2014. 314. Program on health promotion for overweight and obese veterans through support of fitness center memberships (a) Program required Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall, through the National Center for Preventive Health, carry out a program to assess the feasibility and advisability of promoting health in covered veterans, including achieving a healthy weight and reducing risks of chronic disease, through support for fitness center membership. (b) Covered veterans For purposes of this section, a covered veteran is any veteran who— (1) is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 (2) is determined by a clinician of the Department of Veterans Affairs to be overweight or obese as of the date of the commencement of the program; and (3) resides in a location that is more than 15 minutes driving distance from a fitness center at a facility of the Department that would otherwise be available to the veteran for at least eight hours per day during five or more days per week. (c) Duration of program The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (d) Locations (1) In general In carrying out the program, the Secretary shall select— (A) not less than five medical centers of the Department at which the Secretary shall cover the full reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers; and (B) not less than five medical centers of the Department at which the Secretary shall cover half the reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers. (2) Considerations In selecting locations for the program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas in different geographic locations. (e) Participation (1) Maximum number of participants The number of covered veterans who may participate in the program at each location selected under subsection (d) may not exceed 100. (2) Voluntary participation The participation of a covered veteran in the program shall be at the election of the covered veteran in consultation with a clinician of the Department. (f) Membership payment (1) In general Except as provided in paragraph (2), in carrying out the program, the Secretary shall pay the following: (A) The full reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (d)(1)(A) who are participating in the program. (B) Half the reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (d)(1)(B) who are participating in the program. (2) Limitation Payment for a fitness center membership of a covered veteran may not exceed $50 per month of membership. (g) Reports (1) Periodic reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter, the Secretary 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 activities carried out to implement the program, including outreach activities to veterans and community organizations. (2) Final report Not later than 180 days after the date of the completion of the program, the Secretary 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 program detailing— (A) the findings and conclusions of the Secretary as a result of the program; and (B) recommendations for the continuation or expansion of the program. (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 315. Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities (a) Program required Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of promoting health in covered veterans, including achieving a healthy weight, through establishment of Department of Veterans Affairs fitness facilities. (b) Covered veterans For purposes of this section, a covered veteran is any veteran who is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 (c) Duration of program The program shall be carried out during the three-year period beginning on the date of the commencement of the program. (d) Locations (1) In general The Secretary shall carry out the program by establishing fitness facilities in Department facilities as follows: (A) In not fewer than five Department of Veterans Affairs medical centers selected by the Secretary for purposes of the program. (B) In not fewer than five outpatient clinics of the Department selected by the Secretary for purposes of the program. (2) Considerations In selecting locations for the program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas in different geographic locations. (e) Limitation on expenses In establishing and supporting a fitness facility in a facility of the Department under the program, the Secretary may expend amounts as follows: (1) For establishment and support of a fitness facility in a Department of Veterans Affairs medical center, not more than $60,000. (2) For establishment and support of a fitness facility in an outpatient clinic of the Department, not more than $40,000. (f) Repurposing of physical space and purchases of equipment (1) In general Subject to subsection (e), the Secretary may, in carrying out the program, repurpose existing physical space of the Department and purchase such fitness equipment and supplies as the Secretary considers appropriate for purposes of the program. (2) Repurposing exception Existing physical space used for the direct delivery of health care to patients may not be repurposed under paragraph (1). (g) Prohibition on assessment of user fees The Secretary may not assess a fee upon a covered veteran for use of a fitness facility established under the program. (h) Voluntary participation The participation of a covered veteran in the program shall be at the election of the covered veteran. (i) Reports (1) Periodic reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter, the Secretary 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 activities carried out to implement the program, including outreach activities to veterans and community organizations. (2) Final report Not later than 180 days after the date of the completion of the program, the Secretary 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 program detailing— (A) the findings and conclusions of the Secretary as a result of the program; and (B) recommendations for the continuation or expansion of the program. (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. B Health Care Administration 321. Extension of Department of Veterans Affairs Health Professional Scholarship Program Section 7619 December 31, 2014 December 31, 2019 322. Expansion of availability of prosthetic and orthotic care for veterans (a) Establishment or expansion of advanced degree programs To expand availability of provision of care The Secretary of Veterans Affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan for carrying out subsection (a). The Secretary shall develop the plan in consultation with veterans service organizations, institutions of higher education with accredited degree programs in prosthetics and orthotics, and representatives of the prosthetics and orthotics field. (c) Funding (1) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $10,000,000 to carry out this section. (2) Availability The amount authorized to be appropriated by paragraph (1) shall remain available for expenditure until September 30, 2017. 323. Contracting for health care (a) Use of capitation-based resource allocation in entry into contracts In entering into contracts for the furnishing of health care services under the laws administered by the Secretary of Veterans Affairs (including under this title and the amendments made by this title), the Secretary shall use the capitation-based resource allocation model of the Department of Veterans Affairs. (b) Priority for contracts with certain entities In entering into contracts for the furnishing of health care services under the laws administered by the Secretary, the Secretary shall afford a priority for entry into contracts for Federally Qualified Health Centers (FQHCs) and Community Health Centers (CHCs), whenever appropriate. (c) Best practices The Secretary shall modify the guidance of the Department of Veterans Affairs on contracts for health care services in order to provide for the incorporation into such contracts of standardized requirements for such best practices under such contracts, including the following: (1) Requirements that contracts provide the Department on a regular basis information on scheduling and appearance for appointments for health care on per-patient basis. (2) Such other best practices requirements as the Secretary considers appropriate. (d) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) 324. Limitation on expansion of dialysis pilot program (a) Limitation The Secretary of Veterans Affairs shall not expand the dialysis pilot program to, or expand the capacity to provide additional dialysis care at, any facility owned or leased by the Department that is not an initial facility until after the date that— (1) the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years; (2) an independent analysis of the dialysis pilot program has been conducted at each initial facility, including a consideration and comparison of factors including— (A) the ability of veterans to access care under the dialysis pilot program; (B) the quality of care provided under the dialysis pilot program; and (C) the satisfaction of veterans who have received treatment under the dialysis pilot program; and (3) the report required by subsection (b) has been submitted. (b) Report Not later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that— (1) includes the results of that independent analysis; and (2) addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office. (c) Utilization of existing dialysis resources In order to increase the access of veterans to dialysis care and decrease the travel time of such veterans to receive such care, the Secretary shall fully utilize existing dialysis resources of the Department, including any community dialysis provider with which the Department has entered into a contract or agreement for the provision of such care. (d) Definitions In this section: (1) Dialysis pilot program The term dialysis pilot program (2) Initial facility The term initial facility (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 325. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department (a) In general Subchapter II of chapter 73 7330B. Reporting of infectious diseases (a) Reporting The Secretary shall ensure that the Department has in effect an up-to-date policy on reporting a notifiable infectious disease diagnosed at a facility under the jurisdiction of the Secretary in accordance with the provisions of State and local law in effect where such facility is located. (b) Notifiable infectious disease For purposes of this section, a notifiable infectious disease is any infectious disease that is— (1) on the list of nationally notifiable diseases published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or (2) covered by a provision of law of a State that requires the reporting of infectious diseases. (c) Performance measures The Secretary shall develop performance measures to assess whether and to what degree the directors of Veterans Integrated Service Networks and Department medical centers are complying with the policy required by subsection (a). . (b) Clerical amendment The table of sections at the beginning of chapter 73 7330B. Reporting of infectious diseases. . (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 326. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs (a) Contract (1) In general The Secretary of Veterans Affairs shall seek to enter into a contract with an independent third-party to perform the services covered by this section. (2) Timing The Secretary shall seek to enter into the contract described in paragraph (1) not later than 540 days after the date of the enactment of this Act. (b) Independent study (1) In general Under a contract between the Secretary and an independent third-party under this section, the third party shall carry out a study— (A) to assess the organizational structures of medical centers of the Department of Veterans Affairs; and (B) to improve succession planning among key leadership roles at Veterans Integrated Service Networks and medical centers of the Department. (2) Matters studied and proposed In carrying out the study, the third party shall— (A) assess whether the organizational structure of the medical centers of the Department is effective for the furnishing of medical services, addressing issues that arise regarding the furnishing of medical services, and addressing standard business operations; (B) propose one organizational chart for Department medical centers with a common set of base position descriptions; (C) propose a base set of medical positions that should be filled to ensure that the health care provided to veterans by the Department is of good quality; and (D) identify which key leadership positions at Veterans Integrated Service Networks and Department medical centers should have succession plans and propose how to implement such plans. (3) Timing The third party shall complete the study under this section not later than 270 days after entering into the contract described in subsection (a). (c) Report Not later than 90 days after the date on which the third party completes the study under this section, the Secretary 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 results of such study. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 327. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs (a) Requirements (1) In general The first update of the Strategic Plan Refresh for Fiscal Years 2012 through 2014 of the Office of Rural Health of the Department of Veterans Affairs after the date of the enactment of this Act, whether an update or refresh of such Strategic Plan Refresh or a strategic plan to supersede such Strategic Plan Refresh, shall be prepared in accordance with this section. (2) Consultation The Director of the Office of Rural Health shall prepare the update in consultation with the following: (A) The Director of the Health Care Retention and Recruitment Office of the Department. (B) The Director of the Office of Quality and Performance of the Department. (C) The Director of the Office of Care Coordination Services of the Department. (b) Elements The update described in subsection (a) shall include, for the period covered by the update, the following: (1) Goals and objectives for the recruitment and retention by the Veterans Health Administration of health care personnel in rural areas. (2) Goals and objectives for ensuring timeliness and improving quality in the delivery of health care services by the Veterans Health Administration in rural areas through contract and fee-basis providers. (3) Goals and objectives for the implementation, expansion, and enhanced use of telemedicine services by the Veterans Health Administration in rural areas, including through coordination with other appropriate offices of the Department. (4) Goals and objectives for ensuring the full and effective use of mobile outpatient clinics by the Veterans Health Administration for the provision of health care services in rural areas, including goals and objectives for the use of such clinics on a fully mobile basis and for encouraging health care providers who provide services through such clinics to do so in rural areas. (5) Procedures for soliciting from each Veterans Health Administration facility that serves a rural area the following: (A) A statement of the clinical capacity of such facility. (B) The procedures of such facility in the event of a medical, surgical, or mental health emergency outside the scope of the clinical capacity of such facility. (C) The procedures and mechanisms of such facility for the provision and coordination of health care for women veterans, including procedures and mechanisms for coordination with local hospitals and health care facilities, oversight of primary care and fee-basis care, and management of specialty care. (6) Goals and objectives for the modification of the funding allocation mechanisms of the Office of Rural Health in order to ensure that the Office distributes funds to components of the Department to best achieve the goals and objectives of the Office and in a timely manner. (7) Goals and objectives for the coordination of, and sharing of resources with respect to, the provision of health care services to veterans in rural areas between the Department of Veterans Affairs, the Department of Defense, the Indian Health Service of the Department of Health and Human Services, and other Federal agencies, as appropriate and prudent. (8) Specific milestones for the achievement of the goals and objectives developed for the update. (9) Procedures for ensuring the effective implementation of the update. (c) Transmittal to Congress Not later than 90 days after the date of the issuance of the update described in subsection (a), the Secretary of Veterans Affairs shall transmit the update to Congress, together with such comments and recommendations in connection with the update as the Secretary considers appropriate. 328. Report on provision of telemedicine services (a) In general Not later than two years after the date of the enactment of this Act, 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 following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act ( Public Law 112–154 38 U.S.C. 7406 (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine defined In this section, the term telemedicine (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 329. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (a) Designation The medical center of the Department of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (b) References Any reference in any law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be considered to be a reference to the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. C Complementary and Alternative Medicine 331. Expansion of research and education on and delivery of complementary and alternative medicine to veterans (a) Development of plan To expand research, education, and delivery Not later than six months after the effective date specified in subsection (f), the Secretary of Veterans Affairs shall develop a plan to expand materially and substantially the scope of research and education on, and delivery and integration of, complementary and alternative medicine services into the health care services provided to veterans. (b) Elements The plan required by subsection (a) shall provide for the following: (1) Research on the following: (A) The comparative effectiveness of various complementary and alternative medicine therapies. (B) Approaches to integrating complementary and alternative medicine services into other health care services provided by the Department. (2) Education and training for health care professionals of the Department on the following: (A) Complementary and alternative medicine services selected by the Secretary for purposes of the plan. (B) Appropriate uses of such services. (C) Integration of such services into the delivery of health care to veterans. (3) Research, education, and clinical activities on complementary and alternative medicine at centers of innovation at Department medical centers. (4) Identification or development of metrics and outcome measures to evaluate the provision and integration of complementary and alternative medicine services into the delivery of health care to veterans. (5) Integration and delivery of complementary and alternative medicine services with other health care services provided by the Department. (c) Consultation (1) In general In carrying out subsection (a), the Secretary shall consult with the following: (A) The Director of the National Center on Complementary and Alternative Medicine of the National Institutes of Health. (B) The Commissioner of Food and Drugs. (C) Institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and alternative medicine and the integration of complementary and alternative medicine practices into the delivery of health care. (D) Nationally recognized providers of complementary and alternative medicine. (E) Such other officials, entities, and individuals with expertise on complementary and alternative medicine as the Secretary considers appropriate. (2) Scope of consultation The Secretary shall undertake consultation under paragraph (1) in carrying out subsection (a) with respect to the following: (A) To develop the plan. (B) To identify specific complementary and alternative medicine practices that, on the basis of research findings or promising clinical interventions, are appropriate to include as services to veterans. (C) To identify barriers to the effective provision and integration of complementary and alternative medicine services into the delivery of health care to veterans, and to identify mechanisms for overcoming such barriers. (d) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. (e) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (f) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 332. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers (a) Program required The Secretary of Veterans Affairs shall— (1) carry out, through the Office of Patient Centered Care and Cultural Transformation of the Department of Veterans Affairs, a program to assess the feasibility and advisability of integrating the delivery of complementary and alternative medicine services selected by the Secretary with other health care services provided by the Department for veterans with mental health conditions, chronic pain conditions, other chronic conditions, and such other conditions as the Secretary determines appropriate; and (2) in developing the program, identify and resolve barriers to the provision of complementary and alternative medicine services selected by the Secretary and the integration of those services with other health care services provided by the Department. (b) Duration of program The program shall be carried out during the three-year period beginning on the effective date specified in subsection (j). (c) Locations (1) In general The Secretary shall carry out the program at not fewer than 15 separate Department medical centers. (2) Polytrauma centers Not less than two of the medical centers designated under paragraph (1) shall be located at polytrauma rehabilitation centers of the Department. (3) Selection of locations In carrying out the program, the Secretary shall select locations that include the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. (d) Provision of services Under the program, the Secretary shall provide covered services to covered veterans by integrating complementary and alternative medicine services with other services provided by the Department at the medical centers designated under subsection (c)(1). (e) Covered veterans For purposes of the program, a covered veteran is any veteran who— (1) has a mental health condition diagnosed by a clinician of the Department; (2) experiences chronic pain; or (3) has a chronic condition being treated by a clinician of the Department. (f) Covered services (1) In general For purposes of the program, covered services are services consisting of complementary and alternative medicine as selected by the Secretary. (2) Administration of services Covered services shall be administered under the program as follows: (A) Covered services shall be administered by clinicians employed by the Secretary for purposes of this section who, to the extent practicable, shall provide services consisting of complementary and alternative medicine, including those clinicians who solely provide such services. (B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Program Office, in coordination with the Office of Patient Centered Care and Cultural Transformation. (C) Covered services shall be made available to both— (i) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have received conventional treatments from the Department for such conditions; and (ii) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have not received conventional treatments from the Department for such conditions. (g) Voluntary participation The participation of a veteran in the program shall be at the election of the veteran and in consultation with a clinician of the Department. (h) Reports to Congress (1) Quarterly reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter for the duration of the program, the Secretary 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 efforts of the Secretary to carry out the program, including a description of the outreach conducted by the Secretary to veterans and community organizations to inform such organizations about the program. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary 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 program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program, including with respect to— (I) the utilization and efficacy of the complementary and alternative medicine services established under the program; (II) an assessment of the benefit of the program to covered veterans in mental health diagnoses, pain management, and treatment of chronic illness; and (III) the comparative effectiveness of various complementary and alternative medicine therapies. (ii) Barriers identified under subsection (a)(2) that were not resolved. (iii) Such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (i) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 333. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs (a) Studies required (1) In general The Secretary of Veterans Affairs shall conduct comprehensive studies of the barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. (2) Studies conducted (A) Veterans In conducting the study of veterans, the Secretary shall— (i) survey veterans who seek or receive hospital care or medical services furnished by the Department, as well as veterans who do not seek or receive such care or services; (ii) administer the survey to a representative sample of veterans from each Veterans Integrated Service Network; and (iii) ensure that the sample of veterans surveyed is of sufficient size for the study results to be statistically significant. (B) Administrators and clinicians In conducting the study of clinicians and administrators, the Secretary shall— (i) survey administrators of the Department who are involved in the provision of health care services; (ii) survey clinicians that have provided complementary and alternative medicine services through the program established under section 332 of this Act, after those clinicians have provided those services through such program for at least 90 days; and (iii) administer the survey to administrators under clause (i)— (I) before the introduction of complementary and alternative medicine services through such program; and (II) not earlier than 90 days after the introduction of complementary and alternative medicine services through such program. (b) Elements of studies (1) Veterans In conducting the study of veterans required by subsection (a), the Secretary shall study the following: (A) The perceived barriers associated with obtaining complementary and alternative medicine services from the Department. (B) The satisfaction of veterans with complementary and alternative medicine services in primary care. (C) The degree to which veterans are aware of eligibility requirements for, and the scope of services available under, complementary and alternative medicine services furnished by the Department. (D) The effectiveness of outreach to veterans on the availability of complementary and alternative medicine for veterans. (E) Such other barriers as the Secretary considers appropriate. (2) Administrators and clinicians In conducting the study of administrators and clinicians required by subsection (a), the Secretary shall study the following: (A) The extent of the integration of complementary and alternative medicine services within the services provided by the Department. (B) The perception by administrators and clinicians of the structural and attitudinal barriers to the delivery of high quality complementary and alternative medicine services by the Department. (C) Strategies that have been used to reduce or eliminate such barriers and the results of such strategies. (D) The satisfaction of administrators and clinicians regarding the integration of complementary and alternative medicine services within the services provided by the Department. (E) The perception by administrators and clinicians of the value of specific complementary and alternative medicine services for inpatient and outpatient veteran populations. (c) Discharge by contract The Secretary shall enter into a contract with a qualified independent entity or organization to carry out the studies required by this section. (d) Mandatory review of data by the National Research Advisory Council (1) In general The Secretary shall ensure that the head of the National Research Advisory Council reviews the results of the studies conducted under this section. (2) Submittal of findings The head of the National Research Advisory Council shall submit findings with respect to the studies to the Under Secretary for Health and to other pertinent program offices within the Department with responsibilities relating to health care services for veterans. (e) Reports (1) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the implementation of this section. (2) Report on study (A) In general Not later than 45 days after the date of the completion of the study, the Secretary shall submit to Congress a report on the study required by subsection (a). (B) Contents The report required by subparagraph (A) shall include the following: (i) Recommendations for such administrative and legislative proposals and actions as the Secretary considers appropriate. (ii) The findings of the head of the National Research Advisory Council and of the Under Secretary for Health. (f) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $2,000,000 to carry out this section. (g) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine 334. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program through the award of grants to public or private nonprofit entities to assess the feasibility and advisability of using wellness programs to complement the provision of mental health care to veterans and family members eligible for counseling under section 1712A(a)(1)(C) (2) Matters to be addressed The program shall be carried out so as to assess the following: (A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of mental health care to veterans and family members described in paragraph (1). (B) Means of enhancing outreach, and coordination of outreach, by and among providers of health care referred to in subparagraph (A) on the mental health care services available to veterans and family members described in paragraph (1). (C) Means of using wellness programs of providers of health care referred to in subparagraph (A) as complements to the provision by the Department of Veterans Affairs of mental health care to veterans and family members described in paragraph (1). (D) Whether wellness programs described in subparagraph (C) are effective in enhancing the quality of life and well-being of veterans and family members described in paragraph (1). (E) Whether wellness programs described in subparagraph (C) are effective in increasing the adherence of veterans described in paragraph (1) to the primary mental health services provided such veterans by the Department. (F) Whether wellness programs described in subparagraph (C) have an impact on the sense of wellbeing of veterans described in paragraph (1) who receive primary mental health services from the Department. (G) Whether wellness programs described in subparagraph (C) are effective in encouraging veterans receiving health care from the Department to adopt a more healthy lifestyle. (b) Duration The Secretary shall carry out the program for a period of three years beginning on the date that is one year after the date of the enactment of this Act. (c) Locations The Secretary shall carry out the program at facilities of the Department providing mental health care services to veterans and family members described in subsection (a)(1). (d) Grant proposals (1) In general A public or private nonprofit entity seeking the award of a grant under this section shall submit an application therefor to the Secretary in such form and in such manner as the Secretary may require. (2) Application contents Each application submitted under paragraph (1) shall include the following: (A) A plan to coordinate activities under the program, to the extent possible, with the Federal, State, and local providers of services for veterans to enhance the following: (i) Awareness by veterans of benefits and health care services provided by the Department. (ii) Outreach efforts to increase the use by veterans of services provided by the Department. (iii) Educational efforts to inform veterans of the benefits of a healthy and active lifestyle. (B) A statement of understanding from the entity submitting the application that, if selected, such entity will be required to report to the Secretary periodically on standardized data and other performance data necessary to evaluate individual outcomes and to facilitate evaluations among entities participating in the program. (C) Other requirements that the Secretary may prescribe. (e) Grant uses (1) In general A public or private nonprofit entity awarded a grant under this section shall use the award for purposes prescribed by the Secretary. (2) Eligible veterans and family In carrying out the purposes prescribed by the Secretary in paragraph (1), a public or private nonprofit entity awarded a grant under this section shall use the award to furnish services only to individuals specified in section 1712A(a)(1)(C) (f) Reports (1) Periodic reports (A) In general Not later than 180 days after the date of the commencement of the program, and every 180 days thereafter, the Secretary shall submit to Congress a report on the program. (B) Report elements Each report required by subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program during the 180-day period preceding the report. (ii) An assessment of the benefits of the program to veterans and their family members during the 180-day period preceding the report. (2) Final report Not later than 180 days after the end of the program, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to the advisability of continuing or expanding the program. (g) Wellness defined In this section, the term wellness D Mental Health Care 341. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs (a) In general In carrying out the education and training program required under section 7302(a)(1) (b) Funding The Secretary shall apportion funding for the education and training program equally among the professions included in the program. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 342. Education program and peer support program for family members and caregivers of veterans with mental health disorders (a) Programs (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an education program (in this section referred to as the education program peer support program (2) Definitions In this section: (A) Family member; caregiver The terms family member caregiver section 1720G(d) (B) Eligible veteran The term eligible veteran section 1705(a) (b) Education program (1) In general Under the education program, the Secretary shall provide a course of education to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Duration (A) In general The education program shall be carried out during the four-year period beginning on the date of the commencement of the education program. (B) Authority for extension The Secretary may extend the duration of the education program for an additional four years. (3) Locations (A) In general Except as required by subparagraph (D), the Secretary shall carry out the education program at the following facilities of the Department of Veterans Affairs: (i) Not less than 10 medical centers of the Department. (ii) Not less than 10 clinics of the Department. (iii) Not less than 10 Vet Centers (as defined in section 1712A(h) (B) Solicitation of applications In selecting locations for the education program, the Secretary shall solicit applications from eligible facilities of the Department that are interested in carrying out the education program. (C) Considerations In selecting locations for the education program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (i) Rural areas. (ii) Areas that are not in close proximity to an active duty installation. (iii) Areas in different geographic locations. (D) Expansion of locations Not later than two years after the date of the commencement of the education program, the Secretary shall expand the number of facilities at which the Secretary is carrying out the education program to include the following: (i) Not less than 10 additional medical centers of the Department. (ii) Not less than 10 additional clinics of the Department. (iii) Not less than 10 additional Vet Centers. (4) Contracts (A) In general In carrying out the education program, the Secretary shall enter into contracts with qualified entities described in subparagraph (B) to offer the course of education described in paragraph (5) to family members and caregivers of eligible veterans and covered veterans. (B) Qualified entity described A qualified entity described in this subparagraph is a non-profit entity with experience in mental health education and outreach, including work with children, teens, and young adults, that— (i) uses high quality, relevant, and age-appropriate information in educational programming, materials, and coursework, including such programming, materials, and coursework for children, teens, and young adults; and (ii) works with agencies, departments, nonprofit mental health organizations, early childhood educators, and mental health providers to develop educational programming, materials, and coursework. (C) Priority In entering into contracts under this paragraph, the Secretary shall give priority to qualified entities that, to the maximum extent practicable, use Internet technology for the delivery of course content in an effort to expand the availability of support services, especially in rural areas. (5) Elements The course of education described in this paragraph shall consist of not less than 10 weeks of education and shall include the following: (A) General education on different mental health disorders, including information to improve understanding of the experiences of individuals suffering from those disorders. (B) Techniques for handling crisis situations and administering mental health first aid to individuals suffering from mental health disorders. (C) Techniques for coping with the stress of living with someone with a mental health disorder. (D) Information on additional services available for family members and caregivers through the Department or community organizations and providers related to mental health disorders. (E) Such other matters as the Secretary considers appropriate. (6) Instructors (A) Training Each instructor of the course of education described in paragraph (5) shall maintain a level of proficiency in the course of education as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (B) Individuals who have completed the course as instructors Commencing as of the date that is two years after the date of the commencement of the education program, any individual who has successfully completed the course of education described in paragraph (5) and has successfully completed such additional training as is required for instructors pursuant to subparagraph (A) may act as an instructor in the course of education. (c) Peer support program (1) In general Under the peer support program, the Secretary shall provide peer support to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Locations The Secretary shall provide peer support under the peer support program at each location at which the Secretary provides education under the education program. (3) Elements Peer support under the peer support program shall consist of meetings in group settings between a peer support coordinator under paragraph (4) and family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. At each location, those meetings shall be conducted not less often than twice each calendar quarter. (4) Peer support coordinator (A) In general The Secretary, acting through the director of each participating facility, may select an individual who has successfully completed the course of education described in subsection (b)(5) to serve as a peer support coordinator for each such facility to carry out the peer support program. (B) Proficiency of instructors Each peer support coordinator shall maintain a level of proficiency in peer support as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (d) Surveys (1) In general The Secretary shall conduct a comprehensive and statistically significant survey of the satisfaction of individuals that have participated in the course of education described in subsection (b)(5) and individuals that have participated in the peer support program that includes the following: (A) The general satisfaction of those individuals with the education and assistance provided in the education program and the peer support program. (B) The perceived effectiveness of the education program and the peer support program in providing education and assistance that is useful for those individuals. (C) The applicability of the education program and the peer support program to the issues faced by those individuals. (D) Such other matters as the Secretary considers appropriate. (E) A representative sample of the information required by subparagraphs (A) through (D) from each Veterans Integrated Service Network that is participating in the education program and the peer support program. (2) Compilation of information The information compiled as a result of the surveys required by paragraph (1) shall be included in the annual report required by subsection (e)(1). (e) Reports (1) Annual report (A) In general Not later than one year after the date of the commencement of the education program and not later than September 30 each year thereafter until 2017, the Secretary 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 education program and the peer support program. (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the course of education described in subsection (b)(5) during the year preceding the submission of the report. (ii) The number of individuals that participated in the peer support program during the year preceding the submission of the report. (iii) A detailed analysis of the surveys conducted under subsection (d) with respect to the individuals described in clause (i) and (ii). (iv) The degree to which veterans and family members and caregivers of veterans are aware of the eligibility requirements for enrollment in the education program and the peer support program. (v) Any plans for expansion of the education program and the peer support program. (vi) The interim findings and conclusions of the Secretary with respect to the success of the education program and the peer support program. (2) Final report (A) In general Not later than one year after the completion of the education program, the Secretary 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 feasibility and advisability of continuing the education program and the peer support program. (B) Elements The report submitted under subparagraph (A) shall include the following: (i) A detailed analysis of the surveys conducted under subsection (d). (ii) The feasibility and advisability of continuing the education program without entering into contracts for the course of education described in subsection (b)(5) and instead using peer support coordinators selected under subsection (c)(4) as instructors of the course of education. (iii) The feasibility and advisability of expanding the education program and the peer support program. 343. Report on provision of mental health services for families of certain veterans at facilities of the Department Not later than one year after the date of the enactment of this Act, 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 feasibility and advisability of providing services under the program established by section 304(a) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1712A 344. Annual report on community mental health partnership pilot program (a) In general Not later than one year after the date of the enactment of this Act and not later than September 30 each year thereafter until the completion of the pilot program described in subsection (b), 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 that pilot program. (b) Pilot program described The pilot program described in this subsection is the pilot program conducted by the Veterans Health Administration to connect medical centers of the Department of Veterans Affairs with community-based mental health care providers and substance abuse treatment providers for the purpose of assisting in the treatment of veterans with mental health disorders, commonly known as the Community Mental Health Partnership Pilot (c) Elements Each report submitted under subsection (a) shall include the following: (1) The number of sites participating in the pilot program. (2) The number of individuals participating in the pilot program at each site. (3) A detailed assessment of the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (4) An analysis of barriers to the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (5) A description of the plans of the Secretary to conduct outreach and provide information to veterans and community mental health providers with respect to the pilot program. (6) A description of any plans to expand the pilot program, including plans that focus on the unique needs of veterans located in rural areas. (7) An explanation of how the care provided under the pilot program is consistent with the minimum clinical mental health guidelines promulgated by the Veterans Health Administration, including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. E Dental care eligibility expansion and enhancement 351. Restorative dental services for veterans (a) In general Section 1710(c) (1) in the second sentence— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) (c) (3) by striking The Secretary (2) The Secretary ; and (4) by adding at the end the following new paragraph: (3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as result of any services or treatment furnished under this subsection. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 352. Pilot program on expansion of furnishing of dental care to all enrolled veterans (a) Pilot program required Commencing not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing dental care to veterans enrolled in the system of patient enrollment under section 1705 (b) Duration of pilot program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program at not fewer than 16 locations as follows: (A) Four Department of Veterans Affairs medical centers with an established dental clinic. (B) Four Department medical centers with a current contract for the furnishing of dental care. (C) Four Community-Based Outpatient Clinics (CBOCs) with space available for the furnishing of services and treatment under the pilot program. (D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health Service facilities with established dental clinics, of which— (i) at least one facility shall be such an Indian Health Service facility; and (ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary of Health and Human Services. (2) Considerations In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of Census. (d) Limitation on number of participating veterans (1) In general The total number of eligible veterans who may participate in the pilot program may not exceed 30,000. (2) Distribution of limitation In applying the limitation in paragraph (1) to the pilot program, the Secretary shall distribute the limitation across and among locations selected for the pilot program in a manner that takes appropriate account of the size and need of veterans for dental services at each such location. (e) Scope of services The dental services and treatment furnished to veterans under the pilot program shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100 percent disabling under the laws administered by the Secretary. (f) Voluntary participation The participation of a veteran in the pilot program shall be at the election of the veteran. (g) Limitation on amount of services (1) In general The total amount the Secretary may expend furnishing dental services and treatment to a veteran participating in the pilot program during any one-year period may not exceed such amount as the Secretary determines appropriate. The amount so determined may not be less than $1,000. (2) Consultation The Secretary shall make the determination under paragraph (1)— (A) in consultation with the Director of the Indian Health Service; and (B) in consultation with the Director of the Health Resources and Services Administration of the Department of Health and Human Services if one or more Federally Qualified Health Center is selected as a location for the pilot program under subsection (c)(1)(D). (h) Copayments The Secretary may collect copayments for dental services and treatment furnished under the pilot program in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 (i) Program administration (1) Notice to eligible veterans on pilot program In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate in the pilot program of the services and treatment available under the pilot program. (2) Contracts In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities for the provision of dental services and treatment under the pilot program. Each such contract shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (j) Reports (1) Preliminary reports (A) In general Not later than each of 540 days and three years after the date of the commencement of the pilot program, the Secretary 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 pilot program. (B) Contents Each report under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of veterans receiving services and treatment under the pilot program, and a description of the dental services and treatment furnished to such veterans. (iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and benefits by location type. (iv) An assessment of the impact of the pilot program on medical care, wellness, employability, and perceived quality of life of veterans. (v) The current findings and conclusions of the Secretary with respect to the pilot program. (vi) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (2) Final report (A) In general Not later than 180 days after the completion of the pilot program, the Secretary 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 pilot program. (B) Contents The report under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (k) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (l) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 353. Program on education to promote dental health in veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of patient enrollment of the Department of Veterans Affairs under section 1705 (2) Construction Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (b) Elements The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental conditions. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department and on purchasing private dental insurance. (6) Available and accessible options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers (FQHCs). (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of educational materials (1) In general The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at Department facilities (including at medical centers, clinics, Vet Centers, and readjustment counseling centers) and to providers (including members of Patient Aligned Care Teams). (B) The availability and distribution of materials over the Internet, including through webinars and My HealtheVet. (C) Presentations of information, including both small group and large group presentations. (2) Selection of mechanisms In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. (d) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 354. Information on dental services for inclusion in electronic medical records under dental insurance pilot program (a) In general Commencing not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the dental insurance pilot program established by section 17.169 (b) Construction with current pilot program requirements (1) In general Nothing in this section shall be construed to revise eligibility for participation in, or the locations of, the pilot program referred to in subsection (a). (2) Duration The Secretary may continue the pilot program for two years in addition to the duration otherwise provided for the pilot program in section 17.169 (3) Voluntary participation in mechanism The participation in the mechanism required by subsection (a) of an individual otherwise participating in the pilot program shall be at the election of the individual. (c) Inclusion of information on mechanism in reports Each report to Congress on the pilot program after the date of the date of the commencement of the mechanism required by subsection (a) shall include information on the mechanism, including a current assessment of the feasability and advisability of using the mechanism to include information on dental care furnished individuals in the electronic medical records of the Department with respect to such individuals. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 355. Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $305,000,000 to carry out this subtitle and the amendments made by this subtitle. The amount so authorized to be appropriated shall be available for obligation for the five-year period beginning on the date that is one year after the date of the enactment of this Act. F Health care related to sexual trauma 361. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training Section 1720D(a)(1) or active duty for training , active duty for training, or inactive duty training 362. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces (a) Expansion of coverage to members of the Armed Forces Subsection (a) of section 1720D (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. ; and (3) in paragraph (3), as redesignated by paragraph (1)— (A) by striking a veteran an individual (B) by striking that veteran that individual (b) Information to members on availability of counseling and services Subsection (c) of such section is amended— (1) by striking to veterans (2) in paragraph (3), by inserting members of the Armed Forces and individuals (c) Inclusion of members in reports on counseling and services Subsection (e) of such section is amended— (1) in the matter preceding paragraph (1), by striking to veterans (2) in paragraph (2)— (A) by striking women veterans individuals (B) by striking training under subsection (d). (A) veterans; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. ; (3) in paragraph (4), by striking veterans individuals (4) in paragraph (5)— (A) by striking women veterans individuals (B) by inserting , including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2) (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 363. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a screening mechanism to be used when a veteran seeks healthcare services from the Department of Veterans Affairs to detect if the veteran has been a victim of domestic abuse for purposes of improving the treatment of the veteran and assessing the prevalence of domestic abuse in the veteran population. (b) Readily available screening tools In developing and implementing a screening mechanism under subsection (a), the Secretary may incorporate into the screening mechanism such readily available screening tools as the Secretary considers appropriate for the screening mechanism. (c) Domestic abuse defined In this section, the term domestic abuse (1) constitutes— (A) a pattern of behavior resulting in physical or emotional abuse, economic control, or interference with the personal liberty of that individual; (B) a violation of Federal or State law involving the use, attempted use, or threatened use of force or violence against that individual; or (C) a violation of a lawful order issued for the protection of that individual; and (2) is committed by a person who— (A) is a current or former spouse or domestic partner of that individual; (B) shares a child in common with that individual; (C) is a current or former intimate partner of that individual that shares or has shared a common domicile with that individual; (D) is a caregiver or family caregiver of that individual (as such terms are defined in section 1720G(d) (E) is in any other type of relationship with that individual that the Secretary may specify for purposes of this section. 364. Reports on military sexual trauma and domestic abuse (a) Report on services available for military sexual trauma in the Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, 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 treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Report on domestic abuse among veterans Not later than two years after the implementation of the screening mechanism required by section 363(a) of this Act, the Secretary of Veterans Affairs and the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall jointly submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on domestic abuse among veterans that includes the following: (1) A summary of the types, outcomes, and circumstances of incidents of domestic abuse that have been reported by veterans during the two-year period preceding the submission of the report. (2) A summary of the treatments available from the Department of Veterans Affairs for veterans who experience domestic abuse and an assessment of the effectiveness of those treatments. (3) Data and analysis on any correlation between an incident of military sexual trauma or sexual trauma experienced after the age of 18 and domestic abuse. (4) Any other issues that the Secretary of Veterans Affairs or the Director of the Centers for Disease Control and Prevention determines appropriate. (c) Reports on transition of military sexual trauma and domestic abuse treatment from Department of Defense to Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma or domestic abuse from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma or domestic abuse, including permitting veterans access to information and evidence necessary to develop or support such claims. (d) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Domestic abuse The term domestic abuse (3) Military sexual trauma The term military sexual trauma (4) Sexual harassment The term sexual harassment (5) Sexual trauma The term sexual trauma (e) Effective date This section shall take effect on the date that is 270 days after the date of the enactment of this Act. G Reproductive treatment and services 371. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6), as amended by section 306(b)(1) of this Act, is further amended by adding at the end the following new subparagraph: (I) Fertility counseling and treatment, including treatment using assisted reproductive technology. . 372. 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) (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 1788. Reproductive treatment and care for spouses and surrogates of veterans. . 373. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17, as amended by section 372(a) 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) (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 (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 section 1788 . (b) Clerical amendment The table of sections at the beginning of chapter 17, as amended by section 372(b) of this Act, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 374. 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 (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 (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology section 1788 375. 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. 376. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73, as amended by section 325(a) of this Act, is further amended by adding at the end the following new section: 7330C. 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, as amended by section 325(b) of this Act, is further amended by inserting after the item relating to section 7330B the following new item: 7330C. 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 7330C 377. 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. 378. 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 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 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 Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (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 section 1712A . (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. . 379. 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 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 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 38 U.S.C. 1712A H Major medical facility leases 381. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. 382. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs (b) Requirement for obligation of full cost Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency (1) Compliance Subsection (b) of section 8104 (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 Anti-Deficiency Act (A) an analysis of the classification of the lease as a lease-purchase capital lease operating lease (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a copy of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. IV Employment and Related Matters A Training and other services for veterans seeking employment 401. Reauthorization of veterans retraining assistance program (a) Extension Subsection (k) of section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 38 U.S.C. 4100 March 31, 2014 June 30, 2016 (b) Number of eligible veterans Subsection (a)(2) of such section is amended— (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (C) 50,000 during the period beginning April 1, 2014, and ending June 30, 2015; and (D) 50,000 during the period beginning July 1, 2015, and ending June 30, 2016. . (c) Clarification of limitation on aggregate amount of assistance Subsection (b) of such section is amended by striking up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs an aggregate of not more than 12 months of retraining assistance provided by the Secretary of Veterans Affairs under this section (d) Providers of retraining assistance Subsection (b) of such section is further amended— (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) by inserting after paragraph (2) the following new paragraph (3): (3) is offered by a four-year educational institution and, as determined by the Secretary, is not reasonably available at a community college or technical school; . (e) Extension of application date Subsection (e)(1)(G) of such section is amended by striking October 1, 2013 October 1, 2015 (f) Reports Subsection (i) of such section is amended— (1) in the subsection heading, by striking Report Reports (2) by striking paragraph (1) and inserting the following new paragraph (1): (1) In general The Secretary of Veterans Affairs shall submit to the appropriate committees of Congress reports on training assistance provided under this section as follows: (A) By not later than October 1, 2015, for participants provided assistance through March 31, 2014. (B) By not later than October 1, 2017, for participants provided assistance during the period beginning on April 1, 2014, and ending on June 2016. ; and (3) in paragraph (2), by striking The report required by paragraph (1) shall include Each report required by paragraph (1) shall include, for the period covered by such report, 402. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses (a) In general Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 10 U.S.C. 1071 December 31, 2014 December 31, 2016 (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the benefits provided by the Secretary under section 1631(b) of such Act. (2) Appropriate committees of congress In this subsection, the term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. 403. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law Section 3102(b)(4) March 31, 2014 March 31, 2016 404. Unified employment portal for veterans (a) In general Section 4105 (c) (1) The Secretary shall develop a single, unified Federal web-based employment portal, for use by veterans, containing information regarding all Federal programs and activities concerning employment, unemployment, and training to the extent the programs and activities affect veterans. (2) The Secretary shall work with representatives from the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and other Federal agencies and organizations concerned with veterans' issues, to determine an appropriate platform and implementing agency for the portal. The Secretary shall enter into an agreement with the other Federal agencies for the implementation of the portal. . (b) Implementation The Secretary of Labor shall implement the portal required by subsection (c) of section 4105 405. Report on unified Government Internet portal for veterans on jobs available through the Federal Government (a) Identification of Internet websites and applications that can assist veterans seeking employment (1) In general The Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Defense, and other appropriate public and private entities, take appropriate actions to identify Internet websites and applications that can assist veterans in seeking employment. (2) Priority in identification of certain websites and applications In identifying websites and applications pursuant to paragraph (1), the Secretary shall place a particular priority on identifying websites and applications that do the following: (A) Match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces. (B) Permit employers to post information about available jobs. (b) Report Not later than 180 days after the effective date specified in subsection (c), the Secretary of Labor 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 actions of the Secretary under subsection (a). The report shall include an assessment of the feasibility and advisability of creating a single, unified Internet-based employment portal for the Federal Government for use by veterans regarding employment through the Federal Government, including the cost of creating the portal, the collaboration with other Federal agencies required to create the portal, and the anticipated use of the portal. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 406. Information on disability-related employment and education protections in Transition Assistance Program (a) In general Section 1144(b) (9) Provide information about disability-related employment and education protections. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. B Employment of veterans and recognition of veteran status with respect to employment related matters 411. Employment of veterans with the Federal Government (a) In general Section 4214 (1) in subsection (b), by adding at the end the following: (4) (A) The requirement under this paragraph is in addition to the appointment of qualified covered veterans under the authority under paragraph (1) by the Department of Veterans Affairs and the Department of Defense. (B) The head of each agency, in consultation with the Director of the Office of Personnel Management, shall develop a plan for exercising the authority specified in subparagraph (C) during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (C) The authority specified in this subparagraph is the authority as follows: (i) The authority under paragraph (1). (ii) The authority available to the agency concerned under the Veterans Employment Opportunities Act of 1998 ( Public Law 105–339 (D) The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B) agencies shall appoint to existing vacancies not fewer than 15,000 qualified covered veterans during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 ; (2) in subsection (d), in the third sentence, by inserting (including, during the 5-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 subsection (b) of this section (3) in subsection (e)— (A) in paragraph (1)— (i) in the matter before subparagraph (A), by striking to the Congress to the appropriate committees of Congress (ii) in subparagraph (A), by inserting (including, during the 5-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (B) by adding at the end the following new paragraph: (3) In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Oversight and Government Reform of the House of Representatives. . (b) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans (a) In general Section 4102A(c) (9) (A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A 4104 (i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran— (I) receives a satisfactory score on completion of such examination, as determined by the State; (II) has been awarded a military occupational specialty that is substantially equivalent to or exceeds the requirements of the State for the issuance of such license or credential; (III) has engaged in the active practice of the occupation for which the veteran is seeking such license or credential for at least two of the five years preceding the date of application; and (IV) pays any customary or usual fees required by the State for such license or credential; and (ii) submit each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field. (B) The Secretary may waive the requirement under subparagraph (A) that a State establish a program described in that subparagraph as a condition of a grant or contract if the State certifies to the Secretary that the State— (i) takes into account previous military training for the purposes of issuing licenses or credentials; (ii) permits veterans to completely satisfy through examination any training or testing requirements for a license or credential with respect to which a veteran has previously completed military training; and (iii) for any credential or license for which a veteran is unable to completely satisfy such requirements through examination, the State substantially reduces training time required to satisfy such requirement based on the military training received by the veteran. (C) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii). . (b) Effective date (1) Exams Subparagraph (A) of section 4102A(c)(9) (2) Reports Subparagraph (B) of such section 4102A(c)(9), as so added, shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act. 413. Grants to hire veterans as first responders (a) Grants for firefighters The Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a (b) Grants for law enforcement officers The Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. (c) Priority In awarding grants under this section to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Funding (1) Department of Homeland Security There is authorized to be appropriated for fiscal year 2015 for the Department of Homeland Security, $125,000,000 to carry out subsection (a). (2) Department of Justice There is authorized to be appropriated for fiscal year 2015 for the Department of Justice, $125,000,000 to carry out subsection (b). (3) Availability The amounts authorized to be appropriated by this subsection shall be available for expenditure through September 30, 2018. 414. Employment of veterans as evaluation factor in the awarding of Federal contracts (a) Civilian contracts (1) In general Chapter 33 3312. Employment of veterans as evaluation factor The head of each executive agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of 33 chapter of such title is amended by adding after the item relating to section 3311 the following new item: 3312. Employment of veterans as evaluation factor. . (b) Defense contracts (1) In general Chapter 137 2336. Employment of veterans as evaluation factor The head of each agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of chapter 137 2336. Employment of veterans as evaluation factor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out the provisions of section 3313 section 2336 415. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market (a) In general Not later than 570 days after the date of the enactment of this act, the Secretary of Labor, in coordination with the heads of such agencies as the Secretary considers appropriate, shall submit to the appropriate committees of Congress a report on barriers and potential discrimination facing veterans in the labor market. (b) Contents The report required by subsection (a) shall include the following: (1) An evaluation of the following: (A) The extent to which members of the reserve components of the Armed Forces and veterans face barriers to entry into the civilian labor market, including whether such members and veterans face obstacles in obtaining employment, maintaining employment, or receiving promotions while employed. (B) The extent to which a member of a reserve component of the Armed Forces or a veteran faces discrimination in the civilian labor market based on the member's or veteran's status as a member of a reserve component of the Armed Forces or as a veteran, as the case may be. (C) The adequacy and effectiveness of Federal laws in effect on the day before the date of the enactment of this Act in preventing or ameliorating acts of discrimination against members of the reserve components of the Armed Forces and veterans seeking or retaining employment in the civilian labor market. (D) The adequacy and effectiveness of programs of the Department of Labor in effect on the day before the date of the enactment of this Act in educating private sector employers on matters relevant to hiring and employing veterans and the military experience of veterans. (2) Such recommendations as the Secretary may have for legislative or administrative action— (A) to address barriers or discrimination that members of the reserve components of the Armed Forces and veterans may face in the civilian labor market; (B) to improve education and outreach for employers in the civilian labor market on issues regarding hiring and employing such members and veterans; and (C) to assist employers in the civilian labor market in matching the military experience of such members and veterans with the needs of such employers. (3) Such other matters as the Secretary considers appropriate. (c) Appropriate committees of congress In this section, the term appropriate committees of Congress (1) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Program on Career Transition 421. Program on provision of career transition services to young veterans (a) In general Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, carry out a program to assess the feasibility and advisability of establishing a program to provide career transition services to eligible individuals— (1) to provide eligible individuals with work experience in the civilian sector; (2) to increase the marketable skills of eligible individuals; (3) to assist eligible individuals in obtaining long-term employment; and (4) to assist in integrating eligible individuals into their local communities. (b) Eligible individuals For purposes of the program, an eligible individual is an individual who— (1) is— (A) a veteran of the Armed Forces who was discharged or released from service therein under conditions other than dishonorable; or (B) a member of a reserve component of the Armed Forces (including the National Guard) who— (i) served on active duty in the Armed Forces (other than active duty for training) for more than 180 consecutive days during the three-year period ending on the date of application for participation in the program; and (ii) is not serving on active duty on the date of commencement of participation in the program; (2) if discharged or released from the Armed Forces on the date of commencement of participation in the program, was so discharged or released not later than three years before application for participation in the program; (3) is unemployed or underemployed, as determined by the Secretary; and (4) is, at the time at which the individual applies for participation in the program, 18 years of age or older, but not more than 30 years of age. (c) Eligible employers (1) In general For purposes of the program, an eligible employer is an employer determined by the Secretary to meet such criteria for participation in the program as the Secretary shall establish for purposes of the program. (2) Past performance on certain matters The criteria established by the Secretary under paragraph (1) may include past performance of an employer with respect to the following: (A) Job training, basic skills training, and related activities. (B) Financial accountability. (C) Demonstrated high potential for growth and long-term job creation. (3) For-profit and not-for-profit employers The employers determined by the Secretary to be eligible employers under paragraph (1) may include both for-profit and not-for-profit employers. (4) Small business concerns In determining employers to be eligible employers under paragraph (1), the Secretary shall ensure that small business concerns are afforded opportunities to participate in the program. (5) Exclusions The following employers may not be determined to be an eligible employer under paragraph (1): (A) An agency of the Federal Government or a State or local government. (B) An employer that has previously participated in the program and, as determined by the Secretary, failed to abide by any requirement of the program. (C) An employer that cannot give an assurance to the Secretary at the time of application for participation in the program under subsection (l), and in such manner as the Secretary shall specify pursuant to that subsection, on each matter as follows: (i) That the employer has not been investigated or subject to a case or action by the Federal Trade Commission during the 180-day period ending on the date the employer would otherwise commence participation in the program. (ii) That the employer has been in good standing with a State business bureau during the period described in clause (i). (iii) That the employer is not delinquent with respect to payment of any taxes or employer contributions described under section 3301 and 3302 (a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)). (iv) That the employer would not request the placement of an additional eligible individual under the program, if after such additional placement, the number of eligible individuals placed in internships at such employer under the program would constitute more than 10 percent of the eligible employer’s workforce. For purposes of the previous sentence, being an intern under the program placed at an employer shall be considered part of the employer’s workforce. (v) That the employer has the intention of retaining eligible participants after such participants have completed participation in the program. (d) Duration The Secretary shall carry out the program during the three-year period beginning on the date of the commencement of the program. (e) Career transition services For purposes of the program, career transition services are the following: (1) Internships under subsection (f). (2) Mentorship and job-shadowing under subsection (g). (3) Volunteer opportunities under subsection (h). (4) Professional skill workshops under subsection (i). (5) Skills assessment under subsection (j). (6) Additional services under subsection (k). (f) Internships (1) In general For each eligible individual whom the Secretary approves for participation in the program, the Secretary shall attempt to place such eligible individual in an internship on a full-time basis with an eligible employer whom the Secretary has approved for participation in the program. (2) Duration Each internship under the program shall be for a period of one year. (3) Wages (A) In general The Secretary shall furnish pay and benefits to each eligible individual participating in an internship under the program for the duration of such participation in an aggregate amount not to exceed $25,000. (4) Employment status For purposes of the Patient Protection and Affordable Care Act ( Public Law 111–148 (5) Relation to other Federal assistance Notwithstanding any other provision of law, pay received by an individual under this subsection may not be used in any calculation to determine the eligibility of such individual for any Federal program for the purpose of obtaining child care assistance. (g) Mentorship and job-Shadowing (1) In general As a condition of an eligible employer's participation in the program and the placement of an eligible individual in an internship at the eligible employer, the eligible employer shall provide each eligible individual placed in an internship at the eligible employer under the program with at least one mentor who is an employee of the eligible employer. (2) Job-shadowing and career counseling To the extent practicable, a mentor assigned to an eligible individual participating in the program shall provide such eligible individual with job shadowing and career counseling. (h) Volunteer opportunities (1) In general As a condition on participation in the program, each eligible individual who participates in the program shall, not less frequently than once each month in which the eligible individual participates in the program, engage in a qualifying volunteer activity in accordance with guidelines the Secretary shall establish. (2) Qualifying volunteer activities For purposes of this subsection, a qualifying volunteer activity is any activity the Secretary considers related to providing assistance to, or for the benefit of, a veteran. Such activities may include the following: (A) Outreach. (B) Assisting an organization recognized by the Secretary for the representation of veterans under section 5902 (C) Service benefitting a veteran in a State home or a Department of Veterans Affairs medical facility. (D) Service benefitting a veteran at an institution of higher education. (i) Professional skills workshops (1) In general The Secretary shall provide eligible individuals participating in the program with workshops for the development and improvement of the professional skills of such eligible individuals. (2) Tailored The workshops provided by the Secretary shall be tailored to meet the particular needs of eligible individuals participating in the program as determined under subsection (j). (3) Topics The workshops provided to eligible individuals participating in the program may include workshops for the development of such professional skills as the Secretary considers appropriate, which may include the following: (A) Written and oral communication skills. (B) Basic word processing and other computer skills. (C) Interpersonal skills. (4) Manner of presentation Workshops on particular topics shall be provided through such means as may be appropriate, effective, and approved of by the Secretary for purposes of the program. Such means may include use of electronic communication. (5) Assessments The Secretary shall conduct an assessment of a participant in a workshop conducted under this subsection to assess the participant’s knowledge acquired as a result of participating in the workshop. (j) Skills assessment (1) In general Under the program, the Secretary shall develop and implement an objective assessment of eligible individuals participating in the program to assist in the placement of such individuals in internships under subsection (f) and to assist in the tailoring of workshops under subsection (i). (2) Elements The assessment may include an assessment of the skill levels and service needs of each participant, which may include a review of basic professional entry-level skills, prior work experience, employability, and the individual's interests. (k) Additional services (1) In general Except as provided in paragraph (2), the Secretary shall, under the program, furnish the following services to an eligible individual participating in the program when assessment under subsection (j) indicates such services are appropriate: (A) Counseling, such as job counseling and career counseling. (B) Job search assistance. (C) Follow-up services with participants that are offered unsubsidized employment by the employer with whom they were assigned. (D) Transportation, as described in paragraph (3). (2) Referrals In lieu of furnishing a service to an eligible individual under paragraph (1), the Secretary may refer such eligible individual to another Federal, State, or local government program that provides such service. (3) Transportation In accordance with criteria established by the Secretary for purposes of the program, the Secretary may pay an allowance based upon mileage, of any eligible individual placed in an internship under the program not in excess of 75 miles to or from a facility of the eligible employer or other place in connection with such internship. (l) Participation (1) Application (A) In general An eligible employer or eligible individual seeking to participate in the program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary shall specify. (B) Requirements for eligible employers An application submitted by an eligible employer under subparagraph (A) shall include a certification or other information, in such form and manner as the Secretary shall specify, on each of the assurances required by subsection (c)(5)(C), including the assurance that the employer has the intention of retaining eligible participants after they have completed participation in the program as provided in clause (v) of that subsection. (2) Time of application for certain eligible individuals A member of the Armed Forces on active duty who expects to be an eligible individual described in subsection (b)(1)(A) upon discharge or release from the Armed Forces may submit an application to participate in the program not earlier than 180 days before the date on which the member expects to be discharged or released from the Armed Forces. A member who submits such an application shall be treated as unemployed or underemployed for purposes of subsection (b)(2) if the member has not accepted an offer of employment after discharge or release as of the time of the submittal of the application. (3) Delimiting date for commencement of participation by individuals An eligible individual may not commence participation in the program after the date that is two years after the date of the commencement of the program. (4) Selection The Secretary shall review each application submitted by an applicant under paragraph (1) and approve or disapprove the applicant for participation in the program. (m) Grants (1) In general The Secretary may award grants to eligible entities to assist the Secretary in carrying out the program. (2) Eligible entities For purposes of the program, an eligible entity is a nonprofit organization. (3) Considerations In awarding grants under this subsection, the Secretary may consider whether an eligible entity— (A) has an understanding of the unemployment problems of eligible individuals and members of the Armed Forces transitioning from service in the Armed Forces to civilian life; and (B) has the capability to assist the Secretary in administering effectively the program and providing career transition services to eligible individuals. (4) Use of funds Amounts received by a recipient of a grant under this subsection may be used as the Secretary considers appropriate for purposes of the program, including as follows: (A) To assist the Secretary in carrying out the program. (B) To recruit eligible employers and eligible individuals to participate in the program. (C) To match eligible individuals participating in the program with internship opportunities at eligible employers participating in the program. (D) To coordinate and carry out job placement and other employer outreach activities. (n) Outreach (1) In general The Secretary of Veterans Affairs and the Secretary of Labor shall jointly carry out a program of outreach to inform eligible employers and eligible individuals about the program and the benefits of participating in the program. (2) Included locations and groups The Secretary of Veterans Affairs and the Secretary of Labor shall ensure that any outreach program and activities conducted under paragraph (1) include, to the extent practicable, rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 (o) Awards for outstanding contributions to program (1) In general Each year of the program, the Secretary of Veterans Affairs may recognize one or more eligible employers or one or more eligible individuals participating in the program for demonstrating outstanding achievement in carrying out or in contributing to the success of the program. (2) Criteria The Secretary shall establish such selection procedures and criteria as the Secretary considers appropriate for the award of recognition under this subsection. (p) Minimization of administrative burden on participating employers The Secretary shall take such measures as may be necessary to minimize administrative burdens incurred by eligible employers due to participation in the program. (q) Reports (1) In general Not later than 45 days after the completion of the first year of the program and not later than 180 days after the completion of the second and third years of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) An evaluation of the program. (B) The number and characteristics of participants in the program. (C) The number and types of internships in which eligible individuals were placed under the program. (D) The number of individuals who obtained long-term full-time unsubsidized employment positions after participation in the program, the hourly wage and nature of such employment, and if available, whether such individuals were still employed in such positions three months after obtaining such positions. (E) An assessment of the feasibility and advisability of providing career transition services to eligible individuals. (F) An assessment of the effect of the program on earnings of eligible individuals and the employment of eligible individuals. (G) Such recommendations for legislative and administrative action as the Secretary may have to improve the program, to expand the program, or to improve the employment of eligible individuals. (r) Funding limitations (1) Wages for internships Not less than 95 percent of amounts authorized to be appropriated for the program by subsection (t) shall be used to provide pay under subsection (f)(3). (2) Administration Not more than 5 percent of amounts authorized to be appropriated for the program by subsection (t) may be used to administer the program. (s) Definitions In this section: (1) Active duty, Armed Forces, reserve component, and veteran The terms active duty Armed Forces reserve component veteran section 101 (2) Full-time basis The term full-time basis (3) Small business concern The term small business concern 15 U.S.C. 632(a) (4) Unemployment compensation The term unemployment compensation (t) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $600,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available until expended. D Improving employment and reemployment rights of members of the uniformed services 431. Enforcement of rights of members of uniformed services with respect to States and private employers (a) Action for relief Subsection (a) of section 4323 (1) in paragraph (1)— (A) by striking appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and (B) by striking for such person (C) by striking the fourth sentence; and (D) by adding at the end the following: The person on whose behalf the complaint is referred may, upon timely application, intervene in such action, and may obtain such appropriate relief as is provided in subsections (d) and (e). (2) by striking paragraph (2) and inserting the following new paragraph (2): (2) (A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted— (i) if the Attorney General has made a decision to commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and (ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. (B) If the Attorney General notifies a person that the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision. ; (3) by redesignating paragraph (3) as paragraph (4); (4) by inserting after paragraph (2) the following new paragraph (3): (3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights and benefits provided for under this chapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter. ; and (5) in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C): (C) has been notified by the Attorney General that the Attorney General does not intend to commence an action for relief under paragraph (1) with respect to the complaint under such paragraph. . (b) Standing Subsection (f) of such section is amended to read as follows: (f) Standing An action under this chapter may be initiated only by the Attorney General or by a person claiming rights or benefits under this chapter under subsection (a). . (c) Conforming amendment Subsection (h)(2) of such section is amended by striking under subsection (a)(2) under paragraph (1) or (4) of subsection (a) 432. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services (a) In general Subchapter III of chapter 43 4328. Suspension, termination, or debarment of contractors (a) Grounds for suspension, termination, or debarment Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter. (b) Effect of debarment A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years. . (b) Clerical amendment The table of sections at the beginning of chapter 43 4328. Suspension, termination, or debarment of contractor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4328 (d) Effective date Section 4328 chapter 43 (e) Annual report Section 4332(a) (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): (10) The number of suspensions, terminations, and debarments under section 4328 . 433. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies Section 4324 (e) (1) In order to carry out the Special Counsel’s responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies. (2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel. (3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 . 434. Issuance and service of civil investigative demands by Attorney General (a) In general Section 4323 (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection (i): (i) Issuance and service of civil investigative demands (1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring— (A) the production of such documentary material for inspection and copying; (B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (C) the production of any combination of such documentary material or answers. (2) The provisions of section 3733 (A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter; (B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath; (C) the definitions relating to false claims law (D) provisions relating to qui tam relators shall not apply. . (b) Effective date Subsection (i) of section 4323 chapter 43 (c) Annual reports Section 4332(b)(2) (1) by striking Not later than (A) In general Not later than ; and (2) by adding at the end the following new subparagraph: (B) Annual supplement on civil investigative demands (i) In general The Attorney General shall include with each report submitted under subparagraph (A) for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) (ii) Elements Each report submitted under clause (i) shall include the following for the fiscal year covered by the report: (I) The number of times that a civil investigative demand was issued under section 4323(i) (II) For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment. . E Small Business Matters 441. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans Section 8127(l) (1) in paragraph (2), by inserting unconditionally owned by (2) by adding at the end the following new paragraph: (3) The term unconditionally owned . 442. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners (a) In general Section 8127(h) (1) in paragraph (3), by striking rated as disability. (2) in paragraph (2), by amending subparagraph (C) to read as follows: (C) The date that— (i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or (ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to applications received pursuant to section 8127(f)(2) 443. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences (a) In general Section 8127 (1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and (2) by inserting after subsection (h) the following new subsection (i): (i) Treatment of businesses after death of servicemember-Owner (1) If a member of the Armed Forces owns at least 51 percent of a small business concern and such member is killed in line of duty in the active military, naval, or air service, the surviving spouse or dependent child of such member who acquires such ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse or dependent child were a veteran with a service-connected disability for purposes of determining the status of the small business concern as a small business concern owned and controlled by veterans for purposes of contracting goals and preferences under this section. (2) The period referred to in paragraph (1) is the period beginning on the date on which the member of the Armed Forces dies and ending on the date as follows: (A) In the case of a surviving spouse, the earliest of the following dates: (i) The date on which the surviving spouse remarries. (ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (iii) The date that is ten years after the date of the member's death. (B) In the case of a dependent child, the earliest of the following dates: (i) The date on which the surviving dependent child relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (ii) The date that is ten years after the date of the member's death. . (b) Effective date Subsection (i) of section 8127 444. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States Section 8127, as amended by section 443 of this Act, is further amended by adding at the end the following new subsection: (n) Special rule for community property States Whenever the Secretary assesses, for purposes of this section, the degree of ownership by an individual of a small business concern licensed in a community property State, the Secretary shall also assess what that degree of ownership would be if such small business concern had been licensed in a State other than a community property State. If the Secretary determines that such individual would have had a greater degree of ownership of the small business concern had such small business concern been licensed in a State other than a community property State, the Secretary shall treat, for purposes of this section, such small business concern as if it had been licensed in a State other than a community property State. . 445. Report on assistance for veterans in obtaining training on purchasing and operating a franchise (a) Report required Not later than one year after the effective date specified in subsection (c), the Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Administrator of the Small Business Administration, and other appropriate entities, submit to Congress a report on the assistance available to veterans to obtain training necessary to purchase and operate a franchise. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the assistance available for veterans through the Department of Labor, the Department of Veterans Affairs, the Small Business Administration, or any other agency of the Federal Government in order to obtain training necessary to purchase or operate a franchise. (2) Information on the number of veterans who have sought and obtained the training described in paragraph (1) during the five calendar years preceding the report. (3) A description of any barriers encountered by veterans in obtaining the training described in paragraph (1). (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. V Accountability and Administrative Improvements 501. Administration of Veterans Integrated Service Networks (a) Veterans Integrated Service Networks (1) In general Subchapter I of chapter 73 7310. Veterans Integrated Service Networks (a) Organization (1) The Secretary shall organize the Veterans Health Administration in geographically defined Veterans Integrated Service Networks. (2) Each Veterans Integrated Service Network shall be organized in consideration of the following: (A) The size of the veteran population of the region of the network. (B) The complexity of the medical needs of the veterans in such region. (C) Patient referral patterns. (D) The availability of a full continuum of health care services. (E) The ability of the Department to furnish health care efficiently. (F) Partnerships with non-Department health care entities. (b) Staffing model (1) The Secretary shall establish a staffing model for each Veterans Integrated Service Network that— (A) is appropriate for the mission and responsibilities of the Veterans Integrated Service Network; and (B) accounts for the specific health care needs of differing populations in the Veterans Integrated Service Network. (2) The Secretary shall ensure that each Veterans Integrated Service Network complies with the staffing model established by the Secretary under paragraph (1) for such Veterans Integrated Service Network. (c) Integrated health care system The Secretary shall ensure that each Veterans Integrated Service Network maintains a regional integrated healthcare system by— (1) implementing alliances with such other governmental, public, and private health care organizations and practitioners as the Secretary considers appropriate to meet the needs of veterans in the Network; (2) providing oversight and management of, and taking responsibility for, a regional budget for the activities of the Veterans Health Administration in the geographic area of the Network that is— (A) aligned with the budget guidelines of the Department and the Veterans Health Administration; (B) balanced at the end of each fiscal year; and (C) sufficient to provide high-quality health care to veterans within the region and to meet any unique needs of the veterans of the region; (3) using national metrics to develop systems to provide effective, efficient, and safe delivery of health care; and (4) ensuring high-quality clinical programs and services are rendered in and through— (A) the medical centers and outpatient clinics of the Department that are located in the Network; and (B) other non-Department clinical or health care delivery settings located in the Network. (d) Reduction in duplicate functions The Secretary shall ensure that the Veterans Integrated Service Networks identify and reduce, whenever practicable, the duplication of functions in clinical, administrative, and operational processes and practices of the Veterans Health Administration. (e) Collaboration and cooperation The Secretary shall ensure that each Veterans Integrated Service Network— (1) works to achieve maximum effectiveness in patient care and safety, graduate medical education, and research; and (2) assesses the consolidation or realignment of institutional functions, including capital asset, safety, and operational support functions, in collaboration and cooperation with other Veterans Integrated Service Networks and the following offices or entities within the geographical area of the Network: (A) The offices of the Veterans Benefits Administration and the National Cemetery Administration. (B) The offices, installations, and facilities of the Department of Defense, including the offices, installations, and facilities of each branch of the Armed Forces and the reserve components of the Armed Forces. (C) The offices, installations, and facilities of the Coast Guard. (D) Offices of State and local agencies that have a mission to provide assistance to veterans. (E) Medical schools and other affiliates. (F) Offices of Congress, offices of State and local elected officials, and other government offices. (G) Federal, State, and local emergency preparedness organizations. (H) Community and nonprofit organizations. (I) Such other entities of the Federal Government as the Secretary considers appropriate. (f) Headquarters (1) The Secretary shall ensure that each Veterans Integrated Service Network has only one headquarters office. (2) The location of a headquarters office for a Veterans Integrated Service Network shall be determined by the Secretary and co-located with a Department of Veterans Affairs medical center. (3) (A) The Secretary may employ or contract for the services of such full time equivalent employees and contractors at the headquarters of each Veterans Integrated Service Network as the Secretary considers appropriate in accordance with the staffing models established under subsection (b). (B) Not later than December 31 each year, the Secretary 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 employment at the headquarters of Veterans Integrated Service Networks during the most recently completed fiscal year. (C) Each report submitted under subparagraph (B) shall include the following for the year covered by the report: (i) The number of individuals employed at each headquarters of a Veterans Integrated Service Network. (ii) The number of individuals employed by the Veterans Health Administration in each Veterans Integrated Service Network who are not employed at the same location as the headquarters of the Network. (iii) The title for each position of employment at a headquarters of a Veterans Integrated Service Network. (iv) The title for each position of employment with the Veterans Health Administration in each Veterans Integrated Service Network that is not at the same location as the headquarters of the Network. (v) An assessment of the impact on the budget of the Department by the employment of individuals at the headquarters of the Veterans Integrated Service Networks. (g) Triennial structure review, reassessment, and report (1) Beginning three years after the date of the enactment of this section and not less frequently than once every three years thereafter, the Secretary shall conduct a review and assessment of the structure and operations of the Veterans Integrated Service Networks in order to identify recommendations— (A) for streamlining and reducing costs associated with the operation of each headquarters of a Veterans Integrated Service Network; and (B) for reducing costs of health care within the Veterans Health Administration. (2) Not later than 180 days after conducting a review and assessment under paragraph (1), the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such review and assessment, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the Veterans Integrated Service Networks. . (2) Clerical amendment The table of sections at the beginning of chapter 73 7310. Veterans Integrated Service Networks. . (b) Relocation of headquarters (1) In general In the case of a headquarters office of a Veterans Integrated Service Network that on the day before the date of the enactment of this Act was in a location that was not co-located with a Department of Veterans Affairs medical center and the Secretary is engaged in a lease for such location, the Secretary may— (A) relocate such headquarters upon the expiration of such lease so that such headquarters is co-located as required by section 7310(f)(2) (B) notwithstanding such section 7310(f)(2) (as so added), renew such lease or enter into a new lease to keep such headquarters in such location. (2) Report If the Secretary renews a lease or engages in a new lease under paragraph (1)(B), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before renewing such lease or engaging in such lease, a report describing the reasons for such renewal or engagement. Such report shall include the following: (A) A list of Department of Veterans Affairs medical centers in the Veterans Integrated Service Network of the headquarters with underutilized buildings, the number of such buildings, and the total underutilized square footage for each such medical center. (B) The cost of the current lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the current square footage being leased. (C) The cost of the new lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. (c) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 502. Regional support centers for Veterans Integrated Service Networks (a) In general Subchapter I of chapter 73, as amended by section 501(a)(1) of this Act, is further amended by adding at the end the following new section: 7310A. Regional support centers for Veterans Integrated Service Networks (a) Establishment The Secretary shall establish not more than four regional support centers within the Veterans Health Administration to assess the effectiveness and efficiency of the Veterans Integrated Service Networks. The head of each regional support center shall report to the Under Secretary of Health. (b) Functions The functions of the regional support centers established under subsection (a) are as follows: (1) To assess the quality of work performed within finance operations and other compliance related activities of the Veterans Integrated Service Networks. (2) To assess how effectively and efficiently each Veterans Integrated Service Network conducts outreach to veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, or any other contingency operation (as that term is defined in section 101 (3) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs for the benefit of women veterans. (4) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs that address homelessness among veterans. (5) To assess how effectively and efficiently each Veterans Integrated Service Network consumes energy. (6) To assess such other matters concerning the operations and activities of the Veterans Integrated Service Networks as the Secretary considers appropriate. (c) Staff The Secretary may hire such employees and contractors as the Secretary considers appropriate to carry out the functions of the regional support centers. (d) Location of regional support centers (1) Except as provided in paragraph (2), the location of each regional support center established under subsection (a) shall be determined by the Secretary and co-located with a medical center of the Department. (2) The Secretary may choose a location for a regional support center established under subsection (a) that is not co-located with a medical center of the Department if the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before entering into a contract for a location that is not co-located with a medical center, a report describing the reasons for choosing a location for the regional support center that is not co-located with a medical center of the Department. Such report shall include the following: (A) A list of medical centers of the Department in the Veterans Integrated Service Network of the regional support center with underutilized buildings, the number of all Veterans Health Administration buildings in such Network, and the total underutilized square footage for each medical center of the Department in such Network. (B) The estimated cost of such lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. . (b) Initial staffing In providing for the initial staff of each regional support center established under section 7310A(a) section 7310A(b) (c) Clerical amendment The table of sections at the beginning of chapter 73, as amended by section 501(a)(2) of this Act, is further amended by inserting after the item relating to section 7310 the following new item: 7310A. Regional support centers for Veterans Integrated Service Networks. . (d) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (e) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (a) Establishment of commission (1) Establishment There is established the Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall, subject to subparagraph (B), be composed of 10 voting members as follows: (i) 1 shall be appointed by the President. (ii) 1 shall be appointed by the Administrator of General Services. (iii) 3 shall be appointed by the Secretary of Veterans Affairs, of whom— (I) 1 shall be an employee of the Veterans Health Administration; (II) 1 shall be an employee of the Office of Asset Enterprise Management of the Department of Veterans Affairs; and (III) 1 shall be an employee of the Office of Construction and Facilities Management of the Department of Veterans Affairs. (iv) 1 shall be appointed by the Secretary of Defense from among employees of the Army Corps of Engineers. (v) 1 shall be appointed by the majority leader of the Senate. (vi) 1 shall be appointed by the minority leader of the Senate. (vii) 1 shall be appointed by the Speaker of the House of Representatives. (viii) 1 shall be appointed by the minority leader of the House of Representatives. (B) Requirement relating to certain appointments of voting members Of the members appointed pursuant to clause (i), (ii), and (iv) through (viii) of subparagraph (A), all shall have expertise in capital leasing, construction, or health facility management planning. (C) Non-voting members The Commission shall be assisted by 10 non-voting members, appointed by the vote of a majority of members of the Commission under subparagraph (A), of whom— (i) 6 shall be representatives of veterans service organizations recognized by the Secretary of Veterans Affairs; and (ii) 4 shall be individuals from outside the Department of Veterans Affairs with experience and expertise in matters relating to management, construction, and leasing of capital assets. (D) Date of appointment of voting members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 60 days after the date of the enactment of this Act. (3) 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. (4) Initial meeting Not later than 15 days after the date on which 7 members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chair. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. (b) Duties of commission (1) In general The Commission shall undertake a comprehensive evaluation and assessment of various options for capital planning for Department of Veterans Affairs medical facilities, including an evaluation and assessment of the mechanisms by which the Department currently selects means for the delivery of health care, whether by major construction, major medical facility leases, sharing agreements with the Department of Defense, the Indian Health Service, and Federally Qualified Health Clinics under section 330 of the Public Health Service Act ( 42 U.S.C. 254b (2) Context of evaluation and assessment In undertaking the evaluation and assessment, the Commission shall consider— (A) the importance of access to health care through the Department, including associated guidelines of the Department on access to, and drive time for, health care; (B) limitations and requirements applicable to the construction and leasing of medical facilities for the Department, including applicable laws, regulations, and costs as determined by both the Congressional Budget Office and the Office of Management and Budget; (C) the nature of capital planning for Department medical facilities in an era of fiscal uncertainty; (D) projected future fluctuations in the population of veterans; and (E) the extent to which the Department was able to meet the mandates of the Capital Asset Realignment for Enhanced Services Commission. (3) Particular considerations In undertaking the evaluation and assessment, the Commission shall address, in particular, the following: (A) The Major Medical Facility Lease Program of the Department, including an identification of potential improvements to the lease authorization processes under that Program. (B) The management processes of the Department for its Major Medical Facility Construction Program, including processes relating to contract award and management, project management, and processing of change orders. (C) The overall capital planning program of the Department for medical facilities, including an evaluation and assessment of— (i) the manner in which the Department determines whether to use capital or non-capital means to expand access to health care; (ii) the manner in which the Department determines the disposition of under-utilized and un-utilized buildings on campuses of Department medical centers, and any barriers to disposition; (iii) the effectiveness of the facility master planning initiative of the Department; and (iv) the extent to which sustainable attributes are planned for to decrease operating costs for Department medical facilities. (D) The current backlog of construction projects for Department medical facilities, including an identification of the most effective means to quickly secure the most critical repairs required, including repairs relating to facility condition deficiencies, structural safety, and compliance with the Americans With Disabilities Act of 1990. (4) Reports Subject to paragraph (5), the Commission shall submit to the Secretary of Veterans Affairs, and to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, reports as follows: (A) Not later than six months after its initial meeting under subsection (a)(4), a report on the Major Medical Facility Lease Program and the Congressional lease authorization process. (B) Not later than one year after its initial meeting, a report— (i) on the management processes of the Department for the construction of Department medical facilities; and (ii) setting forth an update of any matters covered in the report under subparagraph (A). (C) Not later than 18 months after its initial meeting, a report— (i) on the overall capital planning program of the Department for medical facilities; and (ii) setting forth an update of any matters covered in earlier reports under this paragraph. (D) Not later than two years after its initial meeting, a report— (i) on the current backlog of construction projects for Department medical facilities; (ii) setting forth an update of any matters covered in earlier reports under this paragraph; and (iii) including such other matters relating to the duties of the Commission that the Commission considers appropriate. (E) Not later than 27 months after its initial meeting, a report on the implementation by the Secretary of Veterans Affairs pursuant to subsection (g) of the recommendations included pursuant to paragraph (5) in the reports under this paragraph. (5) Recommendations Each report under paragraph (4) shall include, for the aspect of the capital asset planning process of the Department covered by such report, such recommendations as the Commission considers appropriate for the improvement and enhancement of such aspect of the capital asset planning process. (c) Powers of 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 request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 section 5316 (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chair of the Commission may procure temporary and intermittent services under section 3109(b) section 5316 (e) Termination of commission The Commission shall terminate 60 days after the date on which the Commission submits its report under subsection (b)(4)(E). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission such amounts as the Secretary and the Chair of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Action on recommendations (1) In general The Secretary of Veterans Affairs shall implement each recommendation included in a report under subsection (b)(4) that the Secretary considers feasible and advisable and can be implemented without further legislative action. (2) Reports Not later than 120 days after receipt of a report under subparagraphs (A) through (D) of subsection (b)(4), the Secretary shall submit to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in such report. (B) For each recommendation assessed as feasible and advisable— (i) if such recommendation does not require further legislative action for implementation, a description of the actions taken, and to be taken, by the Secretary to implement such recommendation; and (ii) if such recommendation requires further legislative action for implementation, recommendations for such legislative action. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs (a) In general Section 117 (1) by striking medical care accounts of the Department covered accounts of the Department (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account accounts of the Department of Veterans Affairs account (B) in paragraph (1), by inserting Veterans Health Administration, (1) (C) in paragraph (2), by inserting Veterans Health Administration, (2) (D) in paragraph (3), by inserting Veterans Health Administration, (3) (E) by redesignating paragraphs (1) through (3) as paragraphs (7) through (9), respectively; (F) by inserting before paragraph (7), as redesignated by subparagraph (E), the following new paragraphs: (1) Veterans Benefits Administration, Compensation and Pensions. (2) Veterans Benefits Administration, Readjustment Benefits. (3) Veterans Benefits Administration, Veterans Insurance and Indemnities. (4) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (5) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. ; and (G) in the subsection heading, by striking Medical care accounts Covered accounts (3) in the section heading, by striking certain medical care accounts certain accounts (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. (c) Conforming amendment Section 1105 (37) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs: (A) Veterans Benefits Administration, Compensation and Pensions. (B) Veterans Benefits Administration, Readjustment Benefits. (C) Veterans Benefits Administration, Veterans Insurance and Indemnities. (D) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (E) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (F) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (G) Veterans Health Administration, Medical Services. (H) Veterans Health Administration, Medical Support and Compliance. (I) Veterans Health Administration, Medical Facilities. . (d) Technical correction Such section is further amended by redesignating the second paragraph (37), as added by section 11(a)(2) of the GPRA Modernization Act of 2010 ( Public Law 111–352 505. Public access to Department of Veterans Affairs research and data sharing between Departments (a) Establishment of Internet website The Secretary of Veterans Affairs shall make available on an Internet website of the Department of Veterans Affairs available to the public the following: (1) Data files that contain information on research of the Department. (2) A data dictionary on each data file. (3) Instructions for how to obtain access to each data file for use in research. (b) Public access to manuscripts on Department funded research (1) In general Beginning not later than 540 days after the effective date specified in subsection (e), the Secretary shall require, as a condition on the use of any data gathered or formulated from research funded by the Department, that any final, peer-reviewed manuscript prepared for publication that uses such data be submitted to the Secretary for deposit in the digital archive under paragraph (2) and publication under paragraph (3). (2) Digital archive Not later than 540 days after the effective date specified in subsection (e), the Secretary shall— (A) establish a digital archive consisting of manuscripts described in paragraph (1); or (B) partner with another executive agency to compile such manuscripts in a digital archive. (3) Public availability (A) Availability of archive The Secretary shall ensure that the digital archive under paragraph (2) and the contents of such archive are available to the public via a publicly accessible Internet website at no cost to the public. (B) Availability of manuscripts The Secretary shall ensure that each manuscript submitted to the Secretary under paragraph (1) is available to the public under subparagraph (A) not later than one year after the official date on which the manuscript is otherwise published. (4) Consistent with copyright law The Secretary shall carry out this subsection in a manner consistent with applicable copyright law. (5) Annual report (A) In general Not later than one year after the date the Secretary begins making manuscripts available to the public under this subsection and not less frequently than once each year thereafter, the Secretary 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 implementation of this subsection during the most recent one-year period. (B) Contents Each report submitted under subparagraph (A) shall include for the period of the report: (i) The number of manuscripts submitted under paragraph (1). (ii) The titles of such manuscripts. (iii) The authors of such manuscripts. (iv) For each such manuscript, the name and issue number or volume number, as the case may be, of the journal or other publication in which such manuscript was published. (c) Recommendations for data sharing between Department of Veterans Affairs and Department of Defense Not later than one year after the effective date specified in subsection (e), the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) Veterans. (2) Members of the Armed Forces. (3) Family members of veterans. (4) Family members of members of the Armed Forces. (5) Members of communities that have a significant population of veterans or members of the Armed Forces. (d) Executive agency defined In this section, the term executive agency section 133 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration (a) Assessment of information currently available Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct an assessment of the process by which the Veterans Benefits Administration informs veterans, veterans service organizations, and such other persons as the Comptroller General considers appropriate regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs to determine the extent to which the process results in disseminated information that— (A) adequately supports and improves the timeliness and accuracy of decisions made by the Administration with respect to claims for disability compensation and such other benefits furnished under laws administered by the Secretary of Veterans Affairs as the Comptroller General considers appropriate; and (B) encourages the filing of fully developed claims for benefits under laws administered by the Secretary; and (2) assess how the Veterans Benefits Administration notifies each claimant during, and as part of, any electronic filing process established by the Secretary for the filing of applications for disability compensation and such other benefits under laws administered by the Secretary as the Comptroller General considers appropriate that services may be available to the claimant from a veterans service organization. (b) Report Not later than two years after the date of the enactment of this Act, the Comptroller General 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 findings of the Comptroller General under subsection (a). Such report shall include such recommendations as the Comptroller General may have for legislative or administrative action to improve the availability of information made available to the public by the Veterans Benefits Administration regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs. (c) Veterans service organization defined In this section, the term veterans service organization section 5902 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs (a) In general Not later than one year after the effective date specified in subsection (c), the Comptroller General 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 advisory committees of the Department of Veterans Affairs. (b) Contents The report required by subsection (a)— (1) shall include— (A) recommendations or proposals for continuing, modifying, or terminating certain advisory committees, including noting areas of overlap and duplication among the advisory committees; and (B) such other information as the Comptroller General considers appropriate; and (2) may include— (A) a description of each advisory committee, including with respect to each committee— (i) the purpose of the committee; (ii) the commencement date of the committee; and (iii) the anticipated termination date of the committee; (B) a summary of the anticipated expenses and the actual expenses incurred for each advisory committee during the most recent three fiscal years ending before the date of the enactment of this Act; and (C) with respect to meetings held by each advisory committee— (i) the frequency with which each committee has met during the shorter of— (I) the most recent three fiscal years ending before the date of the enactment of this Act; and (II) the life of the committee; (ii) the date of the most recent meeting held by the committee before such date of enactment; and (iii) the date of the most recent report or other written product developed by the committee before such date of enactment. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. VI Improvement of Processing of Claims for Compensation A Claims Based on Military Sexual Trauma 601. Medical examination and opinion for disability compensation claims based on military sexual trauma (a) In general Section 5103A(d) (3) (A) In the case of a claim for disability compensation based on a mental health condition related to military sexual trauma, the Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)— (i) (I) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and (II) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service; but (ii) does not contain a diagnosis or opinion by a mental health professional that may assist in corroborating the occurrence of a military sexual trauma stressor related to a diagnosable mental health condition. (B) In this paragraph, the term military sexual trauma sexual harassment . (b) Report Not later than 18 months after the date of the enactment of this Act, 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 number of examinations and opinions conducted by the Secretary pursuant to paragraph (3) of section 5103A(d) (1) The number of examinations conducted using a standardized disability assessment. (2) The number of examinations conducted using a non-standardized clinical interview. 602. Case representative officers for military sexual trauma support (a) In general The Secretary of Veterans Affairs shall assign to each individual seeking compensation under the laws administered by the Secretary based on military sexual trauma a case representative officer who shall provide advice and general information to such individual on the claims process for such compensation. Each case representative officer so assigned shall be assigned from among current personnel of the Department of Veterans Affairs. (b) Liaison A case representative officer assigned to an individual under subsection (a) shall be responsible for serving as a liaison between the individual, an authorized agent or attorney of the individual under section 5904 (c) Case representative officer requirements (1) Competence and knowledge Each case representative officer assigned under subsection (a) shall be competent and knowledgeable about the following: (A) The claims adjudication process and applicable laws, regulations, and other authority applicable to the adjudication of disability claims based on military sexual trauma. (B) Such other services to victims of sexual trauma as the Secretary considers appropriate. (2) Limitation on number of individuals to which assigned A case representative officer may not be assigned to more individuals described in subsection (a) than, as determined by the Secretary, is appropriate for the provision of individual case management assistance by such officer. (d) Information on benefits and programs relating to military sexual trauma (1) In general The Secretary shall make available to the public information on the availability of case representative officers under subsection (a) to assist in the application for benefits based on military sexual trauma. The Secretary shall revise and update the information so made available in order to ensure that the information is as current as possible. (2) Individuals separating from military service The Secretary shall, in consultation with the Secretary of Defense, ensure that individuals who are being separated from the active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for benefits based on military sexual trauma and the availability of case representative officers under subsection (a). (e) Information on training for agents and representatives of individuals assigned case representative officer The Secretary shall make available to the authorized agent or attorney of an individual assigned a case representative under subsection (a), or to the otherwise accredited representative of the individual, any relevant materials used to train such case representative officer for the duties of such position. (f) Advisory Committee on Women Veterans consideration of mechanisms To enhance coordination between VBA and VHA on benefits for military sexual trauma The Advisory Committee on Women Veterans established under section 542 (g) Annual reports Not less frequently than annually, 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 setting forth the following: (1) A certification whether or not the case representative officers assigned under subsection (a) during the preceding year met the requirements specified in subsection (c). (2) A description of the current training the Secretary provides to employees of the Veterans Benefits Administration on claims for benefits based on military sexual trauma, including the frequency, length, and content of such training. (3) A description of current policies and procedures on the training the Secretary provides to case representative officers, including the current position descriptions for case representative officers. (4) A description of current efforts to coordinate activities and assistance provided to individuals who seek care or benefits for military sexual trauma between the Veterans Health Administration and Veterans Benefits Administration, including the efforts of the Advisory Committee on Women Veterans under subsection (f). (h) Sunset (1) In general No case representative officer may be assigned under subsection (a) after December 31, 2018. (2) Continuation of duties after sunset date Paragraph (1) shall not be construed to prohibit any case representative officer assigned to an individual before the date specified in that paragraph from performing duties pursuant to this section after that date with respect to a claim for which that case representative officer was assigned to such individual before that date. (i) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Military sexual trauma The term military sexual trauma sexual harassment 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma (a) In general Not later than 90 days after the date of the enactment of this Act, 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 current standard of proof for service-connection under chapter 11 (b) Recommendations The Secretary shall include in the report under subsection (a) any recommendations the Secretary considers appropriate to improve the adjudication of claims for compensation based on military sexual trauma, including— (1) recommendations for an appropriate standard of proof for such claims if the Secretary considers such recommendations advisable; and (2) recommendations for legislative action, if necessary, to carry out such improvement. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered mental health condition The term covered mental health condition (3) Military sexual trauma The term military sexual trauma sexual harassment 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma (a) Reports Not later than December 1, 2014, and each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to Congress a report on the covered claims submitted to the Secretary during the previous fiscal year. (b) Elements Each report under subsection (a) shall include the following: (1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. (2) Of the covered claims under paragraph (1), the number and percentage of such claims— (A) submitted by each gender; (B) that were approved, including the number and percentage of such approved claims submitted by each gender; and (C) that were denied, including the number and percentage of such denied claims submitted by each gender. (3) Of the covered claims under paragraph (1) that were approved, the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability. (4) Of the covered claims under paragraph (1) that were denied— (A) the three most common reasons given by the Secretary under section 5104(b)(1) (B) the number of denials that were based on the failure of a veteran to report for a medical examination. (5) Of the covered claims under paragraph (1) that were resubmitted to the Secretary after denial in a previous adjudication— (A) the number of such claims submitted to or considered by the Secretary during the fiscal year covered by the report; (B) the number and percentage of such claims— (i) submitted by each gender; (ii) that were approved, including the number and percentage of such approved claims submitted by each gender; and (iii) that were denied, including the number and percentage of such denied claims submitted by each gender; (C) the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability; and (D) of such claims that were again denied— (i) the three most common reasons given by the Secretary under section 5104(b)(1) (ii) the number of denials that were based on the failure of a veteran to report for a medical examination. (6) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. (7) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered claims The term covered claims (3) Military sexual trauma The term military sexual trauma sexual harassment B Claims for dependency and indemnity compensation 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims (a) In general The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of expediting the treatment of a covered dependency and indemnity compensation claim. (b) Covered dependency and indemnity compensation claims For purposes of this section, a covered dependency and indemnity compensation claim is a claim submitted to the Secretary for compensation under chapter 13 (1) applies for such compensation within one-year of the death of the veteran upon whose service the claim is based; (2) was the dependent on the claim of a veteran who was receiving benefits for one or more service-connected conditions as of the date of death; (3) submits a death certificate or other evidence with the claim indicating that the veteran’s death was due to a service-connected or compensable disability; and (4) in the case that the claimant is the spouse of the deceased veteran, certifies that he or she has not remarried since the date of the veteran’s death. (c) Duration The program shall be carried out during the one-year period beginning on the date that is 90 days after the date of the enactment of this Act. (d) Locations The program shall be carried out at the Pension Management Center of the Department of Veterans Affairs or such centers selected by the Secretary for purposes of the program. (e) Report (1) In general Not later than 270 days after the date on which the program is completed, the Secretary 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 program. (2) Contents The report required by paragraph (1) shall include the following: (A) The number of covered dependency and indemnity compensation claims that were adjudicated under the program, disaggregated by the following: (i) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the spouse of a deceased veteran. (ii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the child of a deceased veteran. (iii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the parent of a deceased veteran. (B) The number of covered dependency and indemnity compensation claims that were adjudicated under the program and for which compensation was not awarded, disaggregated by clauses (i) through (iii) of subparagraph (A). (C) A comparison of the accuracy and timeliness of claims adjudicated under the program with claims submitted to the Secretary for compensation under chapter 13 (D) The findings of the Secretary with respect to the program. (E) Such recommendations as the Secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the Secretary for compensation under chapter 13 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children (a) In general Not later than 455 days after the date of the enactment of this Act, 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 with recommendations for legislative or administrative actions to improve the timeliness and accuracy with which the Secretary processes and adjudicates claims for compensation under chapter 13 sections 1541 1542 (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Agency of Original Jurisdiction 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group to assess and develop recommendations for the improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (b) Composition The working group shall be composed of the following: (1) The Secretary or the Secretary's designee. (2) Individuals selected by the Secretary from among employees of the Department of Veterans Affairs who handle claims for compensation and pension benefits and are recommended to the Secretary by a labor organization for purposes of this section, including at least one of each of the following individuals: (A) A veterans service representative. (B) A rating veterans service representative. (C) A decision review officer. (3) Not fewer than three individuals selected by the Secretary to represent different organizations recognized by the Secretary for the representation of veterans under section 5902 (4) Individuals selected by the Secretary— (A) that are not employees of the Department; and (B) that are experts in work credit and work management systems. (c) Duties The duties of the working group are to assess and develop recommendations for the following: (1) The improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (2) A scientific, data based methodology to be used in revising the employee work credit system of the Department to improve the quality and quantity of work produced by employees of the Department. (3) The improvement of the resource allocation model of the Veterans Benefits Administration, with a focus on the processing of claims in an electronic environment. (4) A schedule by which the revisions referred to in paragraph (2) will be implemented by the Department. (d) Review and incorporation of findings from prior study In carrying out its duties under subsection (c), the working group shall review the findings and conclusions of previous studies of the employee work credit and work management systems of the Veterans Benefits Administration. (e) Role of the Secretary The Secretary shall consider the recommendations of the working group and implement such recommendations as the Secretary determines appropriate. (f) Reports (1) Interim report Not later than 180 days after the date of the establishment of the working group, the working group shall submit to Congress a report on the progress of the working group. (2) Final report Not later than one year after the date of the establishment of the working group, the Secretary shall submit to Congress the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). (g) Implementation of methodology and schedule After submitting the report under subsection (f), the Secretary shall take such actions as may be necessary to apply the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators (a) Establishment The Secretary of Veterans Affairs shall establish a task force to assess retention and training of claims processors and adjudicators that are employed by the Department of Veterans Affairs and other departments and agencies of the Federal Government. (b) Composition The task force shall be composed of the following: (1) The Secretary of Veterans Affairs or designee. (2) The Director of the Office of Personnel Management or designee. (3) The Commissioner of Social Security or designee. (4) An individual selected by the Secretary of Veterans Affairs who represents an organization recognized by the Secretary for the representation of veterans under section 5902 (5) Such other individuals selected by the Secretary who represent such other organizations and institutions as the Secretary considers appropriate. (c) Duration The task force established under subsection (a) shall terminate not later than two years after the date on which the task force is established under such subsection. (d) Duties The duties of the task force are as follows: (1) To identify key skills required by claims processors and adjudicators to perform the duties of claims processors and adjudicators in the various claims processing and adjudication positions throughout the Federal Government. (2) To identify reasons for employee attrition from claims processing positions. (3) To coordinate with educational institutions to develop training and programs of education for members of the Armed Forces to prepare such members for employment in claims processing and adjudication positions in the Federal Government. (4) To identify and coordinate offices of the Department of Defense and the Department of Veterans Affairs located throughout the United States to provide information about, and promotion of, available claims processing positions to members of the Armed Forces transitioning to civilian life and to veterans with disabilities. (5) To establish performance measures to evaluate the effectiveness of the task force. (6) Not later than one year after the date of the establishment of the task force, to develop a Government-wide strategic and operational plan for promoting employment of veterans in claims processing positions in the Federal Government. (7) To establish performance measures to assess the plan developed under paragraph (6), to assess the implementation of such plan, and to revise such plan as the task force considers appropriate. (e) Reports (1) Submittal of plan Not later than one year after the date of the establishment of the task force, the Secretary of Veterans Affairs shall submit to Congress a report on the plan developed by the task force under subsection (d)(6). (2) Assessment of implementation Not later than 120 days after the termination of the task force, the Secretary shall submit to Congress a report that assesses the implementation of the plan developed by the task force under subsection (d)(6). 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies (a) Reports required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through the date that is 910 days after the date of the enactment of this Act, 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 attempts of the Department of Veterans Affairs to obtain records necessary to adjudicate claims for benefits from another department or agency of the Federal Government during the 180-day period ending on the date of such report. (b) Elements (1) In general Each report shall set forth the following: (A) For the period covered by such report, the following: (i) The total number of requests made by the Department. (ii) The types of records requested. (iii) The number of requests made before the receipt of each record. (iv) The amount of time between the initial request for each record and the receipt of each record. (v) The number of occurrences of the receipt of a record after the adjudication of the claim for which the record was sought. (vi) A description of the efforts of the Secretary to expedite the delivery of records to the Department from other departments and agencies of the Federal Government. (B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such report. (2) Presentation The information in a report under clause (i) through (v) of paragraph (1)(A) shall be set forth separately for each department and agency of the Federal Government covered by such report. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs Section 5902(a)(1) , including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b as the Secretary may approve 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs (a) Program required The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of entering into memoranda of understanding with local governments and tribal organizations— (1) to improve the quality of claims submitted to the Secretary for compensation under chapter 11 chapter 15 (2) to provide assistance to veterans who may be eligible for such compensation or pension in submitting such claims. (b) Minimum number of participating tribal organizations In carrying out the program required by subsection (a), the Secretary shall enter into, or maintain existing, memoranda of understanding with at least— (1) two tribal organizations; and (2) 10 State or local governments. (c) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (d) Report (1) Initial report Not later than one year after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (2) Final report Not later than 180 days after the termination of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (C) The findings and conclusions of the Secretary with respect to the program. (D) Such recommendations for continuation or expansion of the program as the Secretary considers appropriate. (e) Tribal organization defined In this section, the term tribal organization section 3765 626. Department of Veterans Affairs notice of average times for processing compensation claims (a) Public notice The Secretary of Veterans Affairs shall, to the extent practicable, post the information described in subsection (b)— (1) in physical locations, such as Regional Offices or other claims in-take facilities, that the Secretary considers appropriate; (2) on the Internet website of the Department; and (3) through other mediums or using such other methods, including collaboration with veterans service organizations, as the Secretary considers appropriate. (b) Information described (1) In general The information described in this subsection is the average processing time of the claims described in paragraph (2). (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim. (B) A claim that is not fully developed. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter. (c) Expiration of requirements The requirements of subsection (a) shall expire on December 31, 2015. (d) Veterans service organization defined In this section, the term veterans service organization section 5902 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated (a) In general Not later than 90 days after the date of the enactment of this Act and not less frequently than quarterly thereafter through calendar year 2015, 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 backlog of claims filed with the Department of Veterans Affairs for compensation that have not been adjudicated by the Department. (b) Contents Each report submitted under subsection (a) shall include the following: (1) For each month through calendar year 2015, a projection of the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the expected impact of those initiatives on accuracy and timeliness of adjudication of claims. (2) For each quarter through calendar year 2015, a projection of the average accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (3) For each month during the most recently completed quarter, the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the impact of those initiatives on accuracy and timeliness of adjudication of claims. (G) An assessment of the accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (4) For the most recently completed quarter— (A) the number of cases physically received at the Board of Veterans’ Appeals and docketed; (B) the number of cases pending at the Board of Veterans’ Appeals at the end of the quarter; (C) the number of cases physically at the Board of Veterans’ Appeals at the end of the quarter; (D) the number of notices of disagreement and appeals filed to the agency of original jurisdiction referred to in section 7105(b)(1) (E) the number of decisions made by the Board of Veterans’ Appeals and the percentage of such decisions that were allowed, remanded, denied, or otherwise disposed of. (c) Availability to public The Secretary shall make each report submitted under subsection (a) available to the public. (d) On backlog and pending defined In this section, the terms on backlog pending 628. Reports on use of existing authorities to expedite benefits decisions (a) Report on current use of temporary, intermediate, and provisional rating decisions (1) Report required Not later than 180 days after the date of the enactment of this Act, 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 use of temporary, intermediate, and provisional rating decisions to expedite the benefits decisions of the Department of Veterans Affairs. (2) Report elements The report required by paragraph (1) shall include the following: (A) With respect to temporary and intermediate rating decisions, the following: (i) The number of temporary and intermediate rating decisions issued by the Department during each of fiscal years 2011, 2012, and 2013. (ii) A description of any reasons or obstacles that prevent use of existing authorities to issue temporary or intermediate rating decisions. (iii) A description of the Quick Pay Disability initiative, including the rationale for not expanding the initiative beyond pilot program status. (B) With respect to provisional rating decisions, the following: (i) The number of provisional rating decisions issued by the Department during the oldest claims first initiative. (ii) Of the provisional rating decisions issued during the oldest claims first initiative— (I) the number of such decisions that involved a claim granted; (II) the number of such decisions that involved a claim denied; and (III) the number of such decisions that involved a claim granted in part or a claim denied in part. (iii) A statement of the most common reasons claims were not granted earlier under the oldest claims first initiative when there was sufficient evidence to render an award of benefits in the provisional rating decision. (iv) The average number of days to issue a provisional rating decision under the oldest claims first initiative. (v) Of the total number of decisions that were completed under the oldest claims first initiative— (I) the number that were Category 1 claims and received a final rating decision; and (II) the number that were Category 2 claims and received a provisional rating decision. (vi) The number of rating decisions issued during the oldest claims first imitative that involved a brokered claim, set forth by number of such claims by Regional Office of the Department, including— (I) the number of brokered claims received by each Regional Office; and (II) the number of brokered claims issued by each Regional Office. (vii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested that the provisional decision become final in order to appeal. (viii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested an appeal after the expiration of the 1-year period beginning on the date of notification of the provisional rating decision. (ix) An assessment of the accuracy of provisional rating decisions issued during the oldest claims first initiative, set forth by Category 1 claims and Category 2 claims. (C) Such other matters as the Secretary considers appropriate for purposes of the report. (3) Supplemental information If the Secretary continues to obtain information on rating decisions under clauses (vii) and (viii) of paragraph (2)(B) after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on such information that supplements the information on such clauses in the report under paragraph (1) when the Secretary completes accumulation of such information. (b) Plan for increase in use of temporary or intermediate rating decisions (1) Report on plan required Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department when the record contains sufficient evidence to grant any claim at issue, including service connection. (2) Plan elements The plan required under paragraph (1) shall include the following: (A) Mechanisms to overcome obstacles to the use of temporary or intermediate rating decisions, including mechanisms (such as upgrades) to assure the ability of the Veterans Benefits Management System to facilitate the issuance of temporary or intermediate rating decisions. (B) Mechanisms to ensure that appropriate claimant populations, such as claimants who file complex or multi-issue disability compensation claims, benefit from the availability of temporary or intermediate rating decisions. (C) Mechanisms to provide for the use of temporary or intermediate rating decisions, including mechanisms to resolve whether a request by a claimant or claimant representative should trigger use of a temporary or intermediate rating decision depending on the circumstances of the claimant. (D) Mechanisms to prevent the use of temporary or intermediate rating decisions in lieu of a final rating decision when a final rating decision could be made with little or no additional claim development. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations (a) Report on disability medical examinations furnished by Department of Veterans Affairs (1) In general Not later than 180 days after the date of the enactment of this Act, 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 furnishing of general medical and specialty medical examinations by the Department of Veterans Affairs for purposes of adjudicating claims for benefits under laws administered by the Secretary. (2) Contents The report submitted under paragraph (1) shall include the following: (A) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating claims for benefits under laws administered by the Secretary. (B) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which a comprehensive joint examination was conducted, but for which no disability relating to a joint, bone, or muscle had been asserted as an issue in the claim. (C) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim. (D) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which one or more joint examinations were conducted. (E) A summary with citations to any medical and scientific studies that provide a basis for determining that three repetitions is adequate to determine the effect of repetitive use on functional impairments. (F) The names of all examination reports, including general medical examinations and Disability Benefits Questionnaires, used for evaluation of compensation and pension disability claims which require measurement of repeated ranges of motion testing and the number of examinations requiring such measurements which were conducted in fiscal year 2012. (G) The average amount of time taken by an individual conducting a medical examination to perform the three repetitions of movement of each joint. (H) A discussion of whether there are more efficient and effective scientifically reliable methods of testing for functional loss on repetitive use of an extremity other than the three time repetition currently used by the Department. (I) Recommendations as to the continuation of the practice of measuring functional impairment by using three repetitions of movement of each joint during the examination as a criteria for evaluating the effect of repetitive motion on functional impairment with supporting rationale. (b) Report and plan to prevent the ordering of unnecessary medical examinations (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 (2) Contents The report required by paragraph (1) shall include the following: (A) Criteria used by the Secretary to determine if a claim is eligible for the Acceptable Clinical Evidence initiative. (B) The number of claims determined to be eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the initiation of the initiative and ending on the date of the enactment of this Act, disaggregated— (i) by fiscal year; and (ii) by claims determined eligible based in whole or in part on medical evidence provided by a private health care provider. (C) The total number of claims determined to be eligible for the Acceptable Clinical Evidence initiative that required an employee of the Department to supplement the evidence with information obtained during a telephone interview with a claimant or health care provider. (D) Information on any other initiatives or efforts, including disability benefits questionnaires, of the Department to further encourage the use of medical evidence provided by a private health care provider and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (E) A plan— (i) to measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim; and (ii) that includes the actions the Secretary will take to eliminate any request by the Department for a medical examination in the case of a claim for benefits under chapter 11 or 15 of such title in support of which a claimant submits medical evidence or a medical opinion provided by a private health care provider that is competent, credible, probative, and otherwise adequate for purposes of making a decision on that claim. D Board of Veterans' Appeals and Court of Appeals for Veterans Claims 631. Treatment of certain misfiled documents as a notice of appeal to the Court of Appeals for Veterans Claims Section 7266 (e) (1) If a person adversely affected by a final decision of the Board, who has not filed a notice of appeal with the United States Court of Appeals for Veterans Claims under subsection (a), misfiles a document with the Board or the agency of original jurisdiction referred to in section 7105(b)(1) (2) The treatment of misfiled documents under paragraph (1) does not limit equitable relief that may be otherwise available to a person described in that paragraph. . 632. Determination of manner of appearance for hearings before Board of Veterans' Appeals (a) In general Section 7107 (1) in subsection (a)(1), by striking in subsection (f) in subsection (g) (2) by redesignating subsection (f) as subsection (g); and (3) by striking subsections (d) and (e) and inserting the following new subsections: (d) (1) Except as provided in paragraph (2), a hearing before the Board shall be conducted through picture and voice transmission, by electronic or other means, in such a manner that the appellant is not present in the same location as the members of the Board during the hearing. (2) (A) A hearing before the Board shall be conducted in person upon the request of an appellant. (B) In the absence of a request under subparagraph (A), a hearing before the Board may also be conducted in person as the Board considers appropriate. (e) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(1), the Secretary shall provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at an appropriate facility within the area served by a regional office to participate as so described. (2) Any hearing conducted as described in subsection (d)(1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. (f) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(2), the appellant may request that the hearing be held at the principal location of the Board or at a facility of the Department located within the area served by a regional office of the Department. (2) A hearing to be held within an area served by a regional office of the Department shall (except as provided in paragraph (3)) be scheduled to be held in accordance with the place of the case on the docket under subsection (a) relative to other cases on the docket for which hearings are scheduled to be held within that area. (3) A hearing to be held within an area served by a regional office of the Department may, for cause shown, be advanced on motion for an earlier hearing. Any such motion shall set forth succinctly the grounds upon which the motion is based. Such a motion may be granted only— (A) if the case involves interpretation of law of general application affecting other claims; (B) if the appellant is seriously ill or is under severe financial hardship; or (C) for other sufficient cause shown. . (b) Effective date The amendments made by subsection (a) shall apply with respect to cases received by the Board of Veterans' Appeals pursuant to notices of disagreement submitted on or after the date of the enactment of this Act. VII Outreach Matters 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations (a) Program required The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of using State and local government agencies and nonprofit organizations— (1) to increase awareness of veterans regarding benefits and services for veterans; and (2) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (b) Duration The Secretary shall carry out the program for a two-year period. (c) Grants (1) In general The Secretary shall carry out the program through the competitive award of grants to State and local government agencies and nonprofit organizations— (A) to increase the awareness of veterans regarding benefits and services for veterans; and (B) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (2) Application (A) In general A State or local government agency or nonprofit organization seeking a grant under the program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (B) Elements Each application submitted under subparagraph (A) shall include the following: (i) A description of the consultations, if any, with the Department of Veterans Affairs in the development of any proposal under the application. (ii) A description of the project for which the applicant is seeking a grant under the program, including a plan to coordinate under the program, to the greatest extent possible, the outreach activities of Federal, State, and local government agencies that provide health care, benefits, and services for veterans and nonprofit organizations that provide such care, benefits, and services to enhance the awareness and availability of such care, benefits, and services. (iii) An agreement to report to the Secretary standardized data and other performance measures necessary for the Secretary to evaluate the program and to facilitate evaluation of projects for which grants are awarded under the program. (iv) Such other information as the Secretary may require. (3) Considerations (A) In general In awarding grants under the program to carry out projects, the Secretary shall consider— (i) where the projects will be carried out and which populations are targeted; and (ii) the likelihood that each potential grantee will successfully carry out the grant proposal. (B) Considerations regarding location and target population In taking the matters specified in subparagraph (A)(ii) into consideration, the Secretary shall consider in particular the advisability of awarding grants for projects— (i) carried out in areas with populations that have a high proportion of veteran representation; (ii) carried out in a variety of geographic areas, including urban, rural, and highly rural areas; and (iii) that target a variety of veteran populations, including racial and ethnic minorities, low-income populations, and older populations. (4) Use of funds The Secretary shall establish appropriate uses of grant amounts received under the program. (5) Oversight of use of funds The Secretary shall establish appropriate mechanisms for oversight of the use of grant amounts received under the program, including the evidence grantees must submit to demonstrate use of grant amounts and procedures for the recovery of grant amounts that were improperly used. (6) Limitation In a fiscal year, not more than 20 percent of all grant amounts awarded in that fiscal year may be awarded to a single State entity. (d) State matching requirement The Secretary may not make a grant to a State under subsection (c) unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program or projects for which the grant was awarded, the State will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of Federal funds provided under the grant. (e) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section the following: (1) $2,500,000 for fiscal year 2015. (2) $2,500,000 for fiscal year 2016. (f) Annual report (1) In general Not later than 120 days after the completion of the first calendar year beginning after the date of the commencement of the program, and not less frequently than once every year thereafter for the duration of the program, the Secretary shall submit to Congress a report evaluating the program and the projects supported by grants awarded under the program. (2) Elements The report required by paragraph (1) shall include the following: (A) The findings and conclusions of the Secretary with respect to the program. (B) An assessment of the benefit to veterans of the program. (C) The performance measures used by the Secretary for purposes of the program and data showing the performance of grantees under the program under such measures. (D) The recommendations of the Secretary as to the feasibility and advisability of continuing or expanding or modifying the program. (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities (a) In general Chapter 63 6306A. Cooperative agreements with States (a) In general The Secretary may enter into cooperative agreements and arrangements with various State agencies and State departments to carry out this chapter and to otherwise carry out, coordinate, improve, or enhance outreach activities of the Department and the States. (b) Report The Secretary shall include in each report submitted under section 6308 . (b) Clerical amendment The table of sections at the beginning of chapter 63 6306A. Cooperative agreements with States. . 703. Advisory committee on outreach activities of Department of Veterans Affairs (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory committee on outreach activities of the Department of Veterans Affairs. (b) Membership The advisory committee shall be composed of individuals selected by the Secretary from among the following: (1) To the maximum extent practicable, individuals who are eminent in their respective fields of public relations. (2) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (3) To the maximum extent practicable, individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (4) To the maximum extent practicable, individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (5) To the maximum extent practicable, veterans who have experience in press and public relations. (c) Duties The advisory committee shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding all benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; and (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; (2) to assist the Secretary in conducting such other press or public relations activities relating to outreach activities of the Department as the Secretary and the Assistant Secretary for Public and Intergovernmental Affairs consider appropriate; and (3) to ensure coordination and collaboration on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include the following: (A) Compensation and pension benefits. (B) Insurance benefits. (C) Burial and memorial benefits. (D) Education benefits. (E) Vocational rehabilitation and employment benefits. (F) Readjustment counseling benefits. (G) Loan guarantee benefits. (H) Such other benefits as the Secretary considers appropriate. (d) Location of meetings Each meeting of the advisory committee shall take place at a location that is property of the Department and shall, to the maximum extent practicable, use teleconference technology. (e) Consultation The Secretary shall consult with and seek the advice of the advisory committee not less frequently than quarterly on matters relating to the duties of the advisory committee under subsection (c). (f) Reports (1) In general Not less frequently than once every 90 days for the first year and semiannually thereafter, the advisory committee shall submit to Congress and to the Secretary a report on outreach activities of the Department. (2) Recommendations Each report submitted under paragraph (1) shall include such recommendations for legislative and administrative action as the advisory committee considers appropriate to improve the press and public relations of the Department relating to outreach. (g) Termination The advisory committee shall terminate on October 1, 2015, and the requirements and authorities under this section shall terminate on such date. (h) Outreach defined In this section, the term outreach section 6301 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care (a) Establishment (1) In general For each entity described in paragraph (2), the Secretary of Veterans Affairs shall, acting through the director of that entity, establish not later than 180 days after the effective date specified in subsection (h) an advisory board at that entity on matters relating to outreach activities of the Department of Veterans Affairs at that entity. (2) Entity described An entity described in this paragraph is— (A) a healthcare system of the Department; or (B) a Veterans Integrated System Network, if such Veterans Integrated System Network does not contain a healthcare system. (b) Membership (1) In general Each advisory board established under subsection (a)(1) shall be, to the maximum extent practicable, composed of individuals selected by the Secretary from among the following: (A) Individuals who are eminent in their respective fields of public relations. (B) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (C) Individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (D) Individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (E) Employees of the Department who are involved in press and public relations strategy for an entity described in subsection (a)(2). (F) To the maximum extent practicable, veterans who have experience in press and public relations. (2) Voluntary participation The participation of an individual selected under paragraph (1) shall be at the election of the individual. (c) Duties Each advisory board established under subsection (a)(1) at an entity described in subsection (a)(2) shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; and (E) coordinating and collaborating on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include— (i) compensation and pension benefits; (ii) insurance benefits; (iii) burial and memorial benefits; (iv) education benefits; (v) vocational rehabilitation and employment benefits; (vi) readjustment counseling benefits; (vii) loan guarantee benefits; and (viii) such other benefits as the Secretary considers appropriate; and (2) to assist the director of that entity in conducting such other press or public relations activities relating to outreach activities of the Department as that advisory board considers appropriate. (d) Meeting location (1) In general If teleconference technology is not used, meetings of each advisory board established under subsection (a)(1) shall be held at a location that is property of the Department. (2) Teleconference technology Each advisory board shall use, to the maximum extent practicable, teleconference technology. (e) Consultation Each director of an entity described in subsection (a)(2) shall consult with and seek the advice of the advisory board established at such entity not less frequently than once every two months on matters relating to the duties of the advisory board under subsection (c). (f) Annual reports Not less frequently than each year, each advisory board established under subsection (a)(1) shall submit to the Secretary a report with such information as may be beneficial to the Secretary in preparing the reports required by section 6308 (g) Termination Each advisory board established under subsection (a)(1) and the authorities and requirements of this section shall terminate three years after the effective date specified in subsection (h). (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs (a) In general Section 6308 (1) in subsection (a), by striking even-numbered (2) in subsection (b)— (A) in paragraph (1), by striking biennial (B) in paragraph (2), by inserting for legislative and administrative action Recommendations (C) by adding at the end the following new paragraph: (3) Recommendations that such administrative actions as may be taken— (A) to maximize resources for outreach activities of the Department; and (B) to focus outreach efforts on activities that are proven to be more effective. . (b) Clerical amendments (1) Section heading The heading for section 6308 Biennial Annual (2) Table of sections The table of sections at the beginning of chapter 63 6308. Annual report to Congress. . 706. Budget transparency for outreach activities of Department of Veterans Affairs (a) In general Chapter 63 6309. Budget transparency (a) Budget requirements In the budget justification materials submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President under section 1105(a) (1) For outreach activities of the Department in aggregate. (2) For outreach activities of each element of the Department specified in subsection (b)(1). (b) Procedures for effective coordination and collaboration (1) Not later than 180 days after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (A) Office of the Secretary. (B) Veterans Health Administration. (C) Veterans Benefits Administration. (D) National Cemetery Administration. (2) The Secretary shall— (A) beginning after the date on which the Secretary establishes procedures under paragraph (1), not less frequently than once every two years conduct a review of the procedures established and maintained under paragraph (1) to ensure that such procedures meet the requirements of such paragraph; (B) make such modifications to such procedures as the Secretary considers appropriate based upon reviews conducted under subparagraph (A) in order to better meet such requirements; and (C) not later than 45 days after completing a review under subparagraph (A), submit to Congress a report on the findings of such review. . (b) Clerical amendment The table of sections at the beginning of chapter 63 6309. Budget transparency. . VIII Other Matters 801. Repeal of reductions made by Bipartisan Budget Act of 2013 Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. 802. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension (a) Veterans Section 1522 (1) in subsection (a)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of pension under section 1513 1521 section 1513 1521 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers that under all the circumstances, if the veteran or spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the veteran's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the veteran's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for pension under section 1513 1521 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of covered resources so disposed of by the veteran (or the spouse of the veteran) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the veteran's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a veteran under section 1513 1521 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the veteran, the spouse of the veteran, or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the veteran, the spouse of the veteran, or the child on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a veteran under subsection (c), (d), (e), or (f) of section 1521 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1513 1521 section 1521 (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2) or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2) or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a veteran applies for pension under section 1513 1521 section 1521 (A) inform such veteran of the provisions of subsections (a)(2) and (b)(2) providing for a period of ineligibility for payment of pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such veteran information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such veteran a timely process for determining whether or not the exception for hardship shall apply to such veteran. . (b) Surviving spouses and children Section 1543 (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) (A) If a surviving spouse otherwise eligible for payment of pension under section 1541 section 1541 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the surviving spouse that the Secretary considers that under all the circumstances, if the surviving spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the surviving spouse's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the surviving spouse that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the surviving spouse's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for pension under section 1541 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the surviving spouse's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a surviving spouse under section 1541 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (C) by adding at the end the following new paragraph: (4) (A) If a surviving spouse otherwise eligible for payment of increased pension under subsection (c), (d), or (e) of section 1541 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the surviving spouse or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for payment of increased pension under subsection (c), (d), or (e) of section 1541 (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse (or the child) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a surviving spouse under subsection (c), (d), or (e) of section 1541 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a child otherwise eligible for payment of pension under section 1542 section 1542 (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child or the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support that the Secretary considers that under all the circumstances, if the child or person had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate described in clause (i) that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the child applies for pension under section 1542 (D) The date described in this clause is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the child (or person described in subparagraph (B)) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a child under section 1542 rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1541 1542 section 1541 (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2), (a)(4), or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a surviving spouse or child applies for pension under section 1541 1542 section 1541 (A) inform such surviving spouse or child of the provisions of subsections (a)(2), (a)(4), and (b)(2), as applicable, providing for a period of ineligibility for payment of pension or increased pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such surviving spouse or child information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such surviving spouse or child a timely process for determining whether or not the exception for hardship shall apply to such surviving spouse or child. . (c) Effective date Subsections (a)(2), (b)(2), and (c) of section 1522 section 1543 (d) Annual reports (1) In general Not later than 30 months after the date of the enactment of this Act and not less frequently than once each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the administration of subsections (a)(2), (b)(2), and (c) of section 1522 section 1543 (2) Elements Each report submitted under paragraph (1) shall include the following, for the period covered by the report: (A) The number of individuals who applied for pension under chapter 15 (B) The number of individuals who received pension under such chapter. (C) The number of individuals with respect to whom the Secretary denied or discontinued payment of pension under the subsections referred to in paragraph (1). (D) A description of any trends identified by the Secretary regarding pension payments that have occurred as a result of the amendments made by this section. (E) Such other information as the Secretary considers appropriate. (3) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Select Committee on Aging of the Senate; and (B) the Committee on Veterans' Affairs of the House of Representatives. 803. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities (a) In general Subsection (d)(7) of section 5503 November 30, 2016 September 30, 2018 (b) Clerical amendments (1) Section heading The section heading of such section is amended to read as follows: Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care (2) Table of sections The table of sections at the beginning of chapter 55 5503. Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care. . 804. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans (a) Condition (1) In general Section 2012(c)(1) unless the facilities may specify. (A) That the building where the grant recipient or eligible entity provides housing or services for which the grant recipient or eligible entity would receive such payment is in compliance with the codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify. (B) That such building and such housing or services are in compliance with licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the building is located regarding the condition of the building and the provision of such housing or services. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 (b) Annual inspections required Section 2012 (b) (1) Not less frequently than once each fiscal year, the Secretary shall inspect each facility of each grant recipient or entity eligible for payments under subsection (a) at which the recipients and entities provide services under section 2011 (2) Except as provided in paragraph (1), inspections made under such paragraph shall be made at such times as the Secretary considers necessary. (3) An inspection of a facility of a recipient or entity described in paragraph (1) made under such paragraph may be made with or without prior notice to the recipient or entity, as the Secretary considers appropriate. (4) No per diem payment may be provided to a grant recipient or eligible entity under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe. . (c) Revocation of certification authorized Subsection (c) of such section is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (1), as amended by subsection (a)(1), by striking in paragraph (2) in paragraph (4) (3) by inserting after paragraph (1) the following new paragraph (2): (2) The Secretary may revoke any certification made under paragraph (1) if the Secretary determines that such certification is no longer accurate. . (d) Congressional notification of termination of per diem required Such subsection is further amended by inserting after paragraph (2) the following new paragraph (3): (3) Not later than 30 days after the date on which the Secretary terminates provision of per diem payment under this section to a grant recipient or an eligible entity, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such termination if such termination were made because a facility of the grant recipient or eligible entity did not comply with— (A) an applicable provision of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirement as the Secretary has specified; or (B) a licensing requirement, fire or safety requirement, or another requirement in the jurisdiction in which the facility is located regarding the condition of the facility. . (e) Treatment of current recipients of per diem payments (1) Assessment In the case of the recipient of a per diem payment under section 2012 section 2012(c)(1) (2) Failure to comply In the case described in paragraph (1), if the Secretary does not certify the compliance of the building and the housing or services under such section before the date that is two years after the date of the enactment of this Act, the Secretary may not make any additional per diem payments to the recipient for the provision of such housing or services under section 2012 (f) Conforming condition on award of grants by Secretary of Veterans Affairs for comprehensive service programs Section 2011(b)(5)(A) , including housing and building codes, 805. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans (a) Exception to certain recapture requirements Section 8136(b) , or the provision of services or conduct of a program pursuant to a contract or grant issued or awarded by the Secretary under subchapter II of chapter 20 or section 2031(a)(2) outpatient clinic (b) Construction The amendment made by subsection (a) may not be construed to authorize the Secretary of Veterans Affairs to enter into a contract with a State home or award a grant to a State home for the furnishing of residential care for a veteran without— (1) identifying a substantial need for such care; and (2) determining that the State home is the most appropriate provider of such care. 806. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders Section 1156(a)(3) six months 18 months 807. Authority to issue Veterans ID Cards (a) Authority (1) In general The Secretary of Veterans Affairs may issue a card to a veteran that identifies the veteran as a veteran and includes a photo of the veteran and the name of the veteran. (2) No requirement for enrollment or receipt of benefits The Secretary may issue a card under paragraph (1) to a veteran, whether or not such veteran is— (A) enrolled in the system of annual patient enrollment established under section 1705(a) (B) in receipt of educational assistance, compensation, or pension under laws administered by the Secretary. (3) Designation A card issued under paragraph (1) may be known as a Veterans ID Card (b) Recognition of Veterans ID Cards for reduced pricing of pharmaceuticals, consumer products, and services The Secretary may work with national retail chains that offer reduced prices on pharmaceuticals, consumer products, and services to veterans to ensure that such retail chains recognize cards issued under subsection (a)(1) for purposes of offering reduced prices on pharmaceuticals, consumer products, and services. (c) Veteran defined In this section, the term veteran section 101 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 808. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces Any person who is entitled under chapter 1223 809. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification purposes Section 5317(g) September 30, 2016 September 30, 2018 810. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans Section 3729(b)(2) (1) in subparagraph (A)— (A) in clause (iii), by striking October 1, 2017 May 1, 2018 (B) in clause (iv), by striking October 1, 2017 May 1, 2018 (2) in subparagraph (B)— (A) in clause (i), by striking October 1, 2017 May 1, 2018 (B) in clause (ii), by striking October 1, 2017 May 1, 2018 (3) in subparagraph (C)— (A) in clause (i), by striking October 1, 2017 May 1, 2018 (B) in clause (ii), by striking October 1, 2017 May 1, 2018 (4) in subparagraph (D)— (A) in clause (i), by striking October 1, 2017 May 1, 2018 (B) in clause (ii), by striking October 1, 2017 May 1, 2018 811. Review of determination of certain service in Philippines during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether a covered individual served in support of the Armed Forces of the United States during World War II in accordance with section 1002(d) of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 38 U.S.C. 107 (b) Covered individuals In this section, a covered individual is any individual who timely submitted a claim for benefits under subsection (c) of section 1002 of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 38 U.S.C. 107 (c) Report Not later than 90 days after the date of the enactment of this Act, 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 detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). (d) Prohibition on benefits for disqualifying conduct under new process pursuant to review If pursuant to the review conducted under subsection (a) the Secretary of Veterans Affairs determines to establish a new process for the making of payments as described in that subsection, the process shall include mechanisms to ensure that individuals are not treated as covered individuals for purposes of such payments if such individuals engaged in any disqualifying conduct during service described in that subsection, including collaboration with the enemy or criminal conduct. 812. Review of determination of certain service of merchant mariners during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, the Secretary of Homeland Security and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 ( Public Law 95–202 38 U.S.C. 106 (b) Report Not later than 90 days after the date of the enactment of this Act, 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 detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). 813. Report on Laotian military support of Armed Forces of the United States during Vietnam War (a) In general Not later than one year after the effective date specified in subsection (c), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such agencies and individuals as the Secretary of Veterans Affairs considers appropriate, shall submit to the appropriate committees of Congress a report on— (1) the extent to which Laotian military forces provided combat support to the Armed Forces of the United States between February 28, 1961, and May 15, 1975; (2) whether the current classification by the Civilian/Military Service Review Board of the Department of Defense of service by individuals of Hmong ethnicity is appropriate; and (3) any recommendations for legislative action. (b) Appropriate committees of Congress In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 814. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss (a) In general Not later than two years after the date of the enactment of this Act, 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 actions taken by the Secretary to implement the findings and recommendations included in the 2006 report by the Institute of Medicine of the National Academies entitled Noise and Military Service: Implications for Hearing Loss and Tinnitus Public Law 107–330 (b) Effect of Duty Military Occupational Specialty Noise Exposure Listing on receipt of benefits by veterans (1) In general The Secretary shall include in the report required by subsection (a) an evaluation of the extent to which veterans who had a military occupational specialty during service as a member of the Armed Forces that is not included on the Duty Military Occupational Specialty Noise Exposure Listing (in this subsection referred to as the MOS List (2) Data The Secretary shall include in the evaluation required by paragraph (1) the following: (A) With respect to veterans who had a military occupational specialty included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department of Veterans Affairs that were granted; and (ii) the number of claims for benefits related to hearing loss from the Department that were denied. (B) With respect to veterans who had a military occupational specialty not included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department that were granted; (ii) the number of claims for benefits related to hearing loss from the Department that were denied; (iii) of the number of denied claims under clause (ii), the number of those claims that were appealed; and (iv) of the number of appealed claims under clause (iii), the number of those appealed claims that were successfully appealed. (c) Additional matters The Secretary shall include in the report required by subsection (a) the following: (1) In the case of a veteran with unilateral hearing loss, an explanation of the scientific basis for the practice of the Department of determining a disability rating level with respect to hearing based on an examination of that veteran's healthy ear instead of the injured ear. (2) An analysis of the reduction in earning capacity for veterans as a result of unilateral hearing loss, with a focus on the ability of those veterans— (A) to detect the direction of sound; and (B) to understand speech. (3) An explanation of the rationale for the practice of the Department of not issuing a compensable rating for hearing loss at certain levels that are severe enough to require the use of hearing aids. (4) A survey of the audiologists that conduct compensation and pension examinations for the Department to assess the implementation of the most recent edition of the best practices manual for hearing loss and tinnitus examinations that includes the following: (A) A description of the training received by those audiologists compared to the methods described in the most recent edition of the best practices manual for hearing loss and tinnitus examinations. (B) An assessment of how those audiologists have complied with that training. (C) Whether those audiologists are using a range of tones up to 8000 hertz to test the hearing of veterans. (d) Construction Nothing in this section shall be construed to authorize or require the Secretary to defer, delay, or replace the ongoing efforts of the Secretary to update the schedule of ratings required by section 1155 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 815. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, submit to Congress a report that identifies the following: (1) Goals for the Department of Veterans Affairs and the Department of Defense for the prevention, early detection, and treatment of hearing loss by the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (2) Resources of the Department of Veterans Affairs that could be made available to assist the Department of Defense in conducting audiometric tests and tinnitus screenings for members of the Armed Forces. (3) Barriers to information being added to the Hearing Loss and Auditory System Injury Registry required under section 721(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (4) Recommendations for any legislative or administrative actions necessary with respect to the Hearing Loss and Auditory System Injury Registry— (A) to assist in achieving the goals specified in paragraph (1); (B) to improve the adjudication of claims for benefits with respect to hearing loss; and (C) to further the research objectives of the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 816. Limitation on aggregate amount of bonuses payable to personnel of the Department of Veterans Affairs during fiscal year 2014 The aggregate amount of bonuses and awards payable to personnel of the Department of Veterans Affairs under chapter 45 or 53 of title 5, United States Code, or any other provision of such title, during fiscal year 2014 may not exceed $368,000,000. January 27, 2014 Read the second time and placed on the calendar

Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to impose liability for hazardous substances releases of pollutants or contaminants if the President takes any response measure pursuant to CERCLA response authorities with respect to the pollutants or contaminants. Excepts otherwise liable persons who engage in conduct with respect to such pollutants or contaminants from liability for damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing the injury, destruction, or resulting loss.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make responsible parties liable for certain costs relating to the release of pollutants or contaminants. 1. Environmental liability Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9607(a) (1) by inserting (or pollutant or contaminant if the President takes any response measure under section 104(a) with respect to the pollutant or contaminant) hazardous substance (2) by inserting (or pollutants or contaminants if the President takes any response measure under section 104(a) with respect to the pollutants or contaminants) hazardous substances (3) in paragraph (4)— (A) by striking subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (C); (C) in subparagraph (C) (as so redesignated) by striking the period at the end and inserting ; and (D) by adding at the following: (D) except a person described in paragraphs (2) through this paragraph who engages in conduct prohibited under those paragraphs with respect to pollutants or contaminants, damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing the injury, destruction, or loss resulting from the release. .

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make responsible parties liable for certain costs relating to the release of pollutants or contaminants.

Grants for Renewable Energy Education for the Nation Act or GREEN Act - Authorizes the Secretary of Education to award competitive grants to partnerships of local educational agencies (LEAs), postsecondary institutions, and clean and renewable energy industry representatives to develop programs of study focused on emerging careers and jobs in the fields of clean and renewable energy. Requires a priority be given to grant applications that: (1) use online learning or other innovative methods to deliver a program of study to individuals outside the partnership, and (2) focus on low-performing students and special populations. Authorizes the Secretary to award competitive grants to LEAs and postsecondary institutions to promote development of career and technical educational facilities that are energy efficient and use renewable energy practices.

To provide support to develop career and technical education programs of study and facilities in the areas of renewable energy. 1. Short title This Act may be cited as the Grants for Renewable Energy Education for the Nation Act GREEN Act 2. Clean energy curriculum development grants (a) Authorization The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information 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))), that are focused on emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications. (b) Eligible Partnerships For purposes of this section, an eligible partnership shall include— (1) at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2351 (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act ( 20 U.S.C. 2352 (3) representatives of the community, including business, labor organizations, and industry that have experience in fields described in subsection (a). (c) Application An eligible partnership seeking a grant under this section shall submit an application to the Secretary of Education at such time and in such manner as the Secretary may require. Applications shall include— (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program; (2) a description of the career area or areas within the fields described in subsection (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; (3) a description of the new or existing program of study and both secondary and postsecondary components; (4) a description of the students to be served by the new program of study; (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; (7) a description of how the program of study will be delivered; (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students; (9) a description of how the program will address placement of students in non-traditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(20) (10) a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum. (d) Priority The Secretary of Education shall give priority to applications that— (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and (2) focus on low-performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(29)). (e) Peer Review The Secretary of Education shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include— (1) educators who have experience implementing curricula with comparable purposes; and (2) business and industry experts in fields described in subsection (a). (f) Uses of Funds Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act ( 20 U.S.C. 2342(c)(1)(A) 3. Renewable energy facilities grants (a) Authorization The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to promote development of career and technical education facilities that are energy efficient and promote the use of renewable energy practices. (b) Eligible entities For purposes of this section, eligible entities include— (1) a local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2351 (2) a postsecondary institution eligible for funding under section 132 of such Act ( 20 U.S.C. 2352 (c) Application An eligible entity seeking a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (d) Peer review The Secretary of Education shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include— (1) career and technical education administrators who have experience with energy-efficient facilities and equipment; and (2) business and industry experts who build and work in renewable energy facilities. (e) Use of funds Grants awarded under this section shall be used for— (1) performing an evaluation of the sustainability aspects of current facilities, unless such an evaluation has been conducted prior to receiving a grant under this section; (2) convening stakeholders, including organizations devoted to the promotion and support of renewable energy activities, to develop a plan to address needs identified in such an evaluation, unless such a plan has already been developed prior to receiving a grant under this section; (3) initiating activities related to the construction, operation, and improvement of facilities that promote the use of renewable energy practices; (4) purchasing energy-efficient machinery, technology, or other physical equipment used as an educational tool to deliver career and technical education courses; (5) measuring the effectiveness of the new or improved facilities and infrastructure, such as complying with existing renewable energy standards; and (6) communicating the lessons and practices learned from the building upgrades to other institutions. 4. Authorization of Appropriations There is authorized to be appropriated to carry out this Act $100,000,000.

GREEN Act

Oversight Workforce Improvement Act of 2014 - Exempts from requirements relating to the authority of federal agencies to collect information for investigations: (1) information collected during any evaluation by the Federal Accountability and Spending Transparency Board; and (2) information collected during any audit, investigation, evaluation, or other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of the Inspector General, including any office of Special Inspector General. Exempts from document disclosure requirements of the Freedom of Information Act (FOIA) information relating to the information security program or practices of a federal agency if disclosure could reasonably be expected to lead to, or result in, unauthorized access, use, disclosure, disruption, modification, or destruction of such information program or the information such program controls, processes, stores, or transmits. Amends the Inspector General Act of 1978 to: (1) establish classification and pay standards for the Inspectors General of each federal agency; (2) set forth procedures for considering allegations of wrongdoing against the Special Counsel and Deputy Special Counsel (officials appointed to investigate prohibited personal practices and government waste and abuse); and (3) include within the membership of the Council of the Inspectors General on Integrity and Efficiency the Inspectors General of the Intelligence Community and the Central Intelligence Agency (CIA) (currently, the Inspectors General of the Office of the Director of National Intelligence and the CIA).

To amend certain provisions of the Inspector General Act of 1978 and the Inspector General Improvement Act of 2008, and for other purposes. 1. Short title This Act may be cited as the Oversight Workforce Improvement Act of 2014 2. Investigations, audits, inspections, evaluations, and reviews conducted by Inspectors General Section 3518(c) (1) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (2) paragraph (3) (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) Notwithstanding paragraph (3), this subchapter shall not apply to the collection of information during the conduct of any evaluation, or other review conducted by the Federal Accountability and Spending Transparency Board, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of Inspector General, including any Office of Special Inspector General. . 3. Exemption from disclosure under FOIA (a) Definition In this section, the term agency section 551 (b) Exemption Information relating to the information security program or practices of an agency shall be exempt from disclosure under section 552(b)(3) (c) Non-Exempt information Each agency that withholds information subject to the exemption in subsection (b) shall act in accordance with the obligation of the Federal agency to reasonably segregate and disclose non-exempt information under section 552(b) 4. Amendments to the Inspector General Act of 1978 and the Inspector General Reform Act of 2008 (a) Incorporation of provisions from the Inspector General Reform Act of 2008 into the Inspector General Act of 1978 (1) Classification and pay (A) Amendment Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (i) Notwithstanding any other provision of law, the Inspector General of each designated Federal entity shall, for pay and all other purposes be classified at a grade, level or rank designation, as the case may be, at or above those of a majority of the senior level executives of the designated Federal entity (such as General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity shall not be less than the average total compensation (including bonuses) of the senior level executives of the designated Federal entity calculated on an annual basis. . (B) Conforming repeal Section 4(b) of the Inspector General Reform Act of 2008 ( Public Law 110–409 (2) Pay retention (A) Amendment The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8M the following: 8N. Pay Retention (a) In general The provisions of section 3392 performance awards awarding of ranks (b) Nonreduction in pay Notwithstanding any other provision of law, career Federal employees serving on an appointment made pursuant to statutory authority found other than in section 3392 . (B) Conforming repeal Section 4(c) of the Inspector General Reform Act of 2008 ( Public Law 110–409 (3) Allegations of wrongdoing against special counsel or deputy special counsel (A) Amendments Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (i) in paragraph (2)— (I) in subparagraph (C), by inserting or their designee (II) in subparagraph (D), by inserting or their designee (ii) by adding at the end the following: (12) Allegations of wrongdoing against special counsel or deputy special counsel (A) Special counsel defined In this paragraph, the term Special Counsel section 1211(b) (B) Authority of integrity committee (i) In general An allegation of wrongdoing against the Special Counsel or Deputy Special Counsel may be received, reviewed and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph. (ii) Coordination with existing provision of law This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 (C) Regulations The Integrity Committee may prescribe any rules or regulations necessary to carry out this paragraph, subject to such consultation or other requirements as might otherwise apply. . (B) Conforming repeal Section 7(b) of the Inspector General Reform Act of 2008 ( Public Law 110–409 5 U.S.C. 1211 (b) Agency applicability (1) Amendments The Inspector General Act of 1978 (5 U.S.C. App.) is further amended— (A) in section 8M— (i) in subsection (a)(1)— (I) by striking Each agency Each Federal agency and designated Federal entity (II) by striking that agency the Federal agency or designated Federal entity (ii) in subsection (b)— (I) in paragraph (1), in the matter preceding subparagraph (A), by striking agency Federal agency and designated Federal entity (II) in paragraph (2)— (aa) in subparagraph (A), by striking agency Federal agency and designated Federal entity (bb) in subparagraph (B), by striking agency Federal agency and designated Federal entity (B) in section 11(c)(3)(A)(ii), by striking department, agency, or entity of the executive branch which Federal agency or designated Federal entity that (2) Implementation Not later than 180 days after the date of enactment of this Act, the head and the Inspector General of each Federal agency (as defined in section 12 section 8G (c) Corrections (1) Executive Order number Section 7(c)(2) of the Inspector General Reform Act of 2008 ( Public Law 110–409 31 U.S.C. 501 12933 12993 (2) Punctuation and cross-references The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 4(b)(2)— (i) by striking 8F(a)(2) 8G(a)(2) (ii) by striking 8F(a)(1) 8G(a)(1) (B) in section 6(a)(4), by striking information, as well as any tangible thing) information), as well as any tangible thing (C) in section 8G(g)(3), by striking 8C 8D (3) Spelling The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 3(a), by striking subpena subpoena (B) in section 6(a)(4)— (i) by striking subpena subpoena (ii) by striking subpenas subpoenas (C) in section 8D(a)— (i) in paragraph (1), by striking subpenas subpoenas (ii) in paragraph (2), by striking subpena subpoena (D) in section 8E(a)— (i) in paragraph (1), by striking subpenas subpoenas (ii) in paragraph (2), by striking subpena subpoena (E) in section 8G(d), by striking subpena subpoena (d) Repeal Section 744 of the Financial Services and General Government Appropriations Act, 2009 ( Public Law 111–8 5. Inspector General of the Intelligence Community Section 11(b)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: (B) The Inspectors General of the Intelligence Community and the Central Intelligence Agency. .

Oversight Workforce Improvement Act of 2014

Knife Owners' Protection Act of 2014 - Allows any individual who is not otherwise prohibited by federal law from possessing, transporting, shipping, or receiving a knife to transport a knife from any state or place where such individual may lawfully possess, carry, or transport such a knife to any other state or place where such individual may lawfully do so: (1) by motor vehicle if the knife is not directly accessible from the passenger compartment or is in a locked container, glove compartment, or console; or (2) by other means over land or through water or the air if the knife is in a locked container. Excludes the transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another person or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. Authorizes an individual transporting a knife in accordance with such requirements to have a knife accessible while staying in any form of temporary lodging. Allows an individual to carry a knife or tool that is designed for enabling escape in an emergency and that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts in the passenger compartment of a motor vehicle without being secured in a locked container, glove compartment, or console, except in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration (TSA). Establishes a cause of action by individuals subjected to deprivation of rights provided under this Act. Requires the court to award reasonable attorney's fees to the prevailing party if an individual asserts this Act as a claim or defense.

To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions. 1. Short title This Act may be cited as the Knife Owners’ Protection Act of 2014 2. Interstate transport of knives (a) Definition In this section, the term transport (1) includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and any other activity related to the journey of an individual; and (2) does not include transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding 1 year involving the use or threatened use of force against another person, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. (b) Transport of knives (1) In general Notwithstanding any other provision of law, rule, or regulation of the United States, or of a State or political subdivision of a State, an individual who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife may transport a knife from any State or place where the individual may lawfully possess, carry, or transport the knife to any other State or place where the individual may lawfully possess, carry, or transport the knife if— (A) in the case of transport by motor vehicle, the knife is not directly accessible from the passenger compartment of the motor vehicle, or, in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife is contained in a locked container, glove compartment, or console; or (B) in the case of transport by means other than a motor vehicle, including any transport over land, on or through water, or through the air, the knife is contained in a locked container. (2) Temporary lodging An individual transporting a knife in accordance with paragraph (1) may have a knife accessible while staying in any form of temporary lodging. (c) Emergency knives (1) In general An individual— (A) may carry in the passenger compartment of a motor vehicle a knife or tool designed for enabling escape in an emergency that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts; and (B) shall not be required to secure a knife or tool described in subparagraph (A) in a locked container, glove compartment, or console. (2) Limitation This subsection shall not apply to the transport of a knife or tool in the passenger cabin of an aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration. (d) No arrest or detention An individual who is transporting a knife in compliance with this section may not be arrested or otherwise detained for violation of any law, rule, or regulation of a State or political subdivision of a State related to the possession, transport, or carrying of a knife, unless there is probable cause to believe that the individual is not in compliance with subsection (b). (e) Claim or defense An individual may assert this section as a claim or defense in any civil or criminal action or proceeding. When an individual asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision has the burden of proving, beyond a reasonable doubt, that the individual was not in compliance with subsection (b). (f) Right of action (1) In general Any individual who, under color of any statute, ordinance, regulation, custom, or usage, of any State or political subdivision of a State, subjects, or causes to be subjected, any individual to the deprivation of the rights, privileges, or immunities provided for in this section, shall be liable to the individual so deprived in an action at law or equity, or other proper proceeding for redress. (2) Attorney's Fees (A) In general If an individual asserts this section as a claim or defense, the court shall award to the prevailing party, as described in subparagraph (B), reasonable attorney's fees. (B) Prevailing party A prevailing party described in this subparagraph— (i) includes a party who receives a favorable resolution through a decision by a court, settlement of a claim, withdrawal of criminal charges, or change of a statute or regulation; and (ii) does not include a State or political subdivision of a State, or an employee or representative of a State or political subdivision of a State. (g) Rule of construction Nothing in this section shall be construed to limit any right to possess, carry, or transport a knife under applicable State law.

Knife Owners' Protection Act of 2014

Restore Honor to Service Members Act - Requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Permits such boards to change a characterization to honorable if such characterization is any characterization except honorable. Directs the Secretary of Defense (DOD) to ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to any discharge characterization except honorable. Prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Directs the Secretary of each military department to ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Requires the reissuance of specified military personnel records and discharge forms in a manner that shall not reflect the sexual orientation of the member.

To direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes. 1. Short title This Act may be cited as the Restore Honor to Service Members Act 2. Review of discharge characterization (a) In general In accordance with this section, the appropriate discharge boards— (1) shall review the discharge characterization of covered members at the request of the covered member; and (2) if such characterization is any characterization except honorable, may change such characterization to honorable. (b) Criteria In changing the discharge characterization of a covered member to honorable under subsection (a)(2), the Secretary of Defense shall ensure that such changes are carried out consistently and uniformly across the military departments using the following criteria: (1) The original discharge must be based on Don’t Ask Don’t Tell (in this Act referred to as DADT (2) Such discharge characterization shall be so changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to a discharge characterization that was any characterization except honorable. For purposes of this paragraph, such aggravating circumstances may not include— (A) an offense under section 925 (B) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but after the date of such discharge became permitted. (3) When requesting a review, a covered member, or the member's representative, shall be required to provide either— (A) documents consisting of— (i) a copy of the DD–214 form of the member; (ii) a personal affidavit of the circumstances surrounding the discharge; and (iii) any relevant records pertaining to the discharge; or (B) an affidavit certifying that the member, or the member's representative, does not have the documents specified in subparagraph (A). (4) If a covered member provides an affidavit described in subparagraph (B) of paragraph (3)— (A) the appropriate discharge board shall make every effort to locate the documents specified in subparagraph (A) of such paragraph within the records of the Department of Defense; and (B) the absence of such documents may not be considered a reason to deny a change of the discharge characterization under subsection (a)(2). (c) Request for review The appropriate discharge board shall ensure the mechanism by which covered members, or their representative, may request to have the discharge characterization of the covered member reviewed under this section is simple and straightforward. (d) Review (1) In general After a request has been made under subsection (c), the appropriate discharge board shall review all relevant laws, records of oral testimony previously taken, service records, or any other relevant information regarding the discharge characterization of the covered member. (2) Additional materials If additional materials are necessary for the review, the appropriate discharge board— (A) may request additional information from the covered member or the member's representative, in writing, and specifically detailing what is being requested; and (B) shall be responsible for obtaining a copy of the necessary files of the covered member from the member, or when applicable, from the Department of Defense. (e) Change of characterization The appropriate discharge board shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted under subsection (d) pursuant to the criteria under subsection (b). A covered member, or the member's representative, may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board. (f) Change of records For each covered member whose discharge characterization is changed under subsection (e), or for each covered member who was honorably discharged but whose DD–214 form reflects the sexual orientation of the member, the Secretary of Defense shall reissue to the member or the member's representative a revised DD–214 form that reflects the following: (1) For each covered member discharged, the Separation Code, Reentry Code, Narrative Code, and Separation Authority shall not reflect the sexual orientation of the member and shall be placed under secretarial authority. Any other similar indication of the sexual orientation or reason for discharge shall be removed or changed accordingly to be consistent with this paragraph. (2) For each covered member whose discharge occurred prior to the creation of general secretarial authority, the sections of the DD–214 form referred to paragraph (1) shall be changed to similarly reflect a universal authority with codes, authorities, and language applicable at the time of discharge. (g) Status (1) In general Each covered member whose discharge characterization is changed under subsection (e) shall be treated without regard to the original discharge characterization of the member, including for purposes of— (A) benefits provided by the Federal Government to an individual by reason of service in the Armed Forces; and (B) all recognitions and honors that the Secretary of Defense provides to members of the Armed Forces. (2) Reinstatement In carrying out paragraph (1)(B), the Secretary shall reinstate all recognitions and honors of a covered member whose discharge characterization is changed under subsection (e) that the Secretary withheld because of the original discharge characterization of the member. (h) Definitions In this section: (1) The term appropriate discharge board (2) The term covered member (3) The term discharge characterization dishonorable general other than honorable honorable (4) The term Don’t Ask Don’t Tell section 654 Public Law 111–321 (5) The term representative 3. Reports (a) Review The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted under section 2. (b) Reports Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under subsection (a). Such reports shall include any comments or recommendations for continued actions. 4. Historical review The Secretary of each military department shall ensure that oral historians of the department— (1) review the facts and circumstances surrounding the estimated 100,000 members of the Armed Forces discharged from the Armed Forces between World War II and September 2011 because of the sexual orientation of the member; and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of the actual or perceived sexual orientation of the individual so that such testimony may serve as an official record of these discriminatory policies and their impact on American lives.

Restore Honor to Service Members Act

Partnership to Build America Act of 2014 - Establishes the American Infrastructure Fund (AIF) as a wholly-owned government corporation to provide bond guarantees and make loans to state and local governments, non-profit infrastructure providers, private parties, and public-private partnerships for state or local government sponsored transportation, energy, water, communications, or educational facility infrastructure projects (Qualified Infrastructure Projects [QIPs]). Authorizes AIF also to make equity investments in QIPs . Directs the Secretary of the Treasury, acting through the AIF, to issue American Infrastructure Bonds with an aggregate face value of $50 billion. Requires proceeds from the sale of the bonds to be deposited into the AIF. Amends the Internal Revenue Code to allow U.S. corporations to exclude from gross income qualified cash dividend amounts received during a taxable year from a foreign-controlled corporation equal to the face value of qualified infrastructure bonds the corporation has purchased. Prohibits allowance of a foreign tax credit to the excluded portion of any dividend received by a U.S. corporation. Prohibits also the allowance of a deduction for expenses related to that excludable portion.

To establish the American Infrastructure Fund, to provide bond guarantees and make loans to States, local governments, and infrastructure providers for investments in certain infrastructure projects, and to provide equity investments in such projects, and for other purposes. 1. Short title This Act may be cited as the Partnership to Build America Act of 2014 2. American Infrastructure Fund (a) American Infrastructure Fund (1) In general There is established a wholly owned Government corporation— (A) which shall be called the American Infrastructure Fund (referred to in this Act as the AIF (B) which shall be headed by the Board of Trustees established under subsection (b); (C) which may have separate subaccounts or subsidiaries for funds used to make loans, bond guarantees, and equity investments under this section; (D) which shall be available to the AIF to pay for the costs of carrying out this section, including the compensation of the Board and other employees of the AIF; and (E) the funds of which may be invested by the Board in such manner as the Board determines appropriate. (2) Deposits to aif All funds received from bond issuances, loan payments, bond guarantee fees, and any other funds received in carrying out this section shall be held by AIF. (3) Limitations The charter of the AIF shall limit its activities to those activities described as the mission of the Board under subsection (b)(2). (4) Oversight The AIF shall register with the Securities and Exchange Commission and the Chairman shall report to Congress annually as to whether the AIF is fulfilling the mission of the Board under subsection (b)(2). (5) Treatment of aif (A) Accounts Title 31, United States Code, is amended in each of sections 9107(c)(3) and 9108(d)(2)— (i) by inserting the American Infrastructure Fund, the Regional Banks for Cooperatives, (ii) by striking those banks those entities (B) Bonds Section 149(b)(3)(A)(i) American Infrastructure Fund, Federal Home Loan Mortgage Corporation, (b) Board of trustees (1) In general There is established a Board of Trustees of the AIF (referred to in this subsection as the Board (A) have substantial experience in bond guarantees or municipal credit; and (B) to the greatest extent practicable, have extensive experience working with municipal credit, risk management, and infrastructure finance. (2) Mission The mission of the Board is— (A) to operate the AIF and its subsidiaries to be a low cost provider of bond guarantees, loans, and equity investments to State and local governments and infrastructure providers for urban and rural infrastructure projects that— (i) provide a positive economic impact; and (ii) meet such other standards as the Board may develop; (B) to operate the AIF in a self-sustaining manner so as to allow the AIF to repay its infrastructure bonds when such bonds are due; (C) to not have a profit motive, but to seek at all times to pursue its mission of providing low cost bond guarantees and loans while— (i) covering its costs; (ii) maintaining such reserves as may be needed; and (iii) applying prudent underwriting standards; (D) to only consider projects put forth by State and local governments and not to seek projects directly; (E) to always make clear that no taxpayer money supports the AIF or ever will support the AIF; and (F) to engage in no other activities other than those permitted under this section. (3) Membership (A) Initial members (i) Appointment Not later than 150 days after the date on which bonds are first issued under subsection (d), the President shall appoint, with the advice and consent of the Senate, as members of the Board— (I) 2 individuals from a list of at least 5 individuals selected by the Speaker of the House of Representatives; (II) 2 individuals from a list of at least 5 individuals selected by the Minority Leader of the House of Representatives; (III) 2 individuals from a list of at least 5 individuals selected by the Majority Leader of the Senate; (IV) 2 individuals from a list of at least 5 individuals selected by the Minority Leader of the Senate; and (V) 1 individual selected at will by the President. (ii) Submission of lists Each of the lists described in clause (i) shall be submitted to the President not later than 90 days after the date on which bonds are first issued under subsection (d). If any of such lists are submitted after the date required under this clause, the President may appoint the 2 members of the Board who were to be selected from such list at will. (B) Staggered terms The members of the Board appointed pursuant to subparagraph (A)(i) shall serve staggered terms, with 2 each of the initial members of the Board serving for terms of 5, 6, 7, and 8 years, respectively, and the initial Chair selected under subparagraph (D) serving for 9 years. The decision of which Board members, other than the Chair, serve for which initial terms shall be made by the members of the Board drawing lots. (C) Additional members (i) In general Except as provided in subparagraph (A), if the term of a member of the Board expires or otherwise becomes vacant, the President shall appoint a replacement for such member, with the advice and consent of the Senate, from among a list of at least 5 individuals submitted by the Board. (ii) Term of service (I) In general Each member of the Board appointed to replace a member whose term is expiring shall serve for a 7-year term. (II) Vacancies Any member of the Board appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed shall be appointed only for the remainder of the term. (D) Chair The members of the Board shall choose 1 member to serve as the Chair of the Board for a term of 7 years, except that the initial Chair shall serve for a term of 9 years, pursuant to subsection (B). (E) Continuation of service Each member of the Board may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed. (F) Conflicts of interest No member of the Board may have a financial interest in, or be employed by, a Qualified Infrastructure Project ( QIP (4) Compensation The members of the Board shall be compensated at an amount to be set by the Board, but under no circumstances may such compensation be higher than the rate prescribed for level IV of the Executive Schedule under section 5315 (5) Staff The Board shall employ and set compensation for such staff as the Board determines as is necessary to carry out the activities and mission of the AIF, and such staff may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53, United States Code, relating to classification and General Schedule pay rates. (6) Procedures The Board shall establish such procedures as are necessary to carry out this section. (7) Corporate governance standards (A) Board committees generally The Board shall maintain all of the committees required to be maintained by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (B) Risk management committee The Board shall maintain a risk management committee, which shall— (i) employ additional staff who are certified by the Board as having significant and relevant experience in insurance underwriting and credit risk management; and (ii) establish the risk management policies used by the Board. (C) Standards The Board shall, to the extent practicable, follow all standards with respect to corporate governance that are required to be followed by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (8) Biennial reports Not less frequently than once every 2 years, the Board shall produce a report that describes, of the materials, goods, and products that were used to construct, or to support the construction of, qualified infrastructure projects (as described in subsection (c)) and received financing from the American Infrastructure Fund within the most recent 2 calendar years, the percentage of such materials, goods, and products that were created, sourced, or manufactured in the United States. (c) Infrastructure investment (1) Entities eligible for assistance The AIF may provide assistance to State and local government entities, nonprofit infrastructure providers, private parties, and public-private partnerships (referred to in this section as eligible entities QIPs (2) Forms of assistance The AIF may— (A) provide bond guarantees to debt issued by eligible entities; (B) make loans, including subordinated loans, to eligible entities; and (C) make equity investments in QIPs. (3) Qualified infrastructure projects A project qualifies as a QIP under this section if— (A) the project is sponsored by a State or local government; (B) the infrastructure is, or will be, owned by a State or local government; (C) the project involves the construction, maintenance, improvement, or repair of a transportation, energy, water, communications, or educational facility; and (D) the recipient of bond guarantees, loans, equity investments, or any other financing technique authorized under this Act provides written assurances prescribed by the AIF that the project will be performed in compliance with the requirements of all Federal laws that would otherwise apply to similar projects to which the United States is a party. (4) Application for assistance (A) In general A State or local government that wishes to receive a loan or bond guarantee under this section shall submit an application to the Board in such form and manner and containing such information as the Board may require. (B) Requirement for public sponsorship of private entities A private entity may only receive a bond guarantee, loan, or equity investment under this section if the State or local government for the jurisdiction in which the nonprofit infrastructure provider or private partner is located submits an application pursuant to subparagraph (A) on behalf of such nonprofit infrastructure provider or private partner. (5) Limitations on single state awards (A) Annual limitation The Board shall set an annual limit, as a percentage of total assistance provided under this section during a year, on the amount of assistance a single State (including local governments and other infrastructure providers within such State) may receive in assistance provided under this section. (B) Cumulative limitation The Board shall set a limit, as a percentage of total assistance provided under this section outstanding at any one time, on the amount of assistance a single State (including local governments and other infrastructure providers within such State) may receive in assistance provided under this section. (6) Loan specifications Loans made under this section shall have such maturity and carry such interest rate as the Board determines appropriate. (7) Bond guarantee The Board shall charge such fees for Bond guarantees made under this section as the Board determines appropriate. (8) Equity investments With respect to a QIP, the amount of an equity investment made by the AIF in such QIP may not exceed 20 percent of the total cost of the QIP. (9) Public-private partnership requirements At least 35 percent of the assistance provided under this section shall be provided to QIPs for which at least 10 percent of the financing for such QIPs comes from private debt or equity. (10) Prohibition on principal forgiveness With respect to a loan made under this section, the Board may not forgive any amount of principal on such loan. (d) American Infrastructure Bonds (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary, acting through the AIF, shall issue bonds, which shall be called American Infrastructure Bonds (2) Forms and denominations; interest American Infrastructure Bonds shall— (A) be in such forms and denominations as determined by the Secretary, and shall have a 50-year maturity; and (B) bear interest of 1 percent. (3) No full faith and credit Interest and principal payments paid to holders of American Infrastructure Bonds shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (4) Amount of bonds The aggregate face amount of the bonds issued under this subsection shall be $50,000,000,000. (5) Sale of american infrastructure bonds (A) Competitive bidding process The Secretary shall sell $50,000,000,000 of American Infrastructure Bonds— (i) through a competitive bidding process that encourages aggressive bidding; (ii) with prospective purchasers bidding on how low of a multiplier they will accept (for purposes of subsection (b)(1) of section 966 (iii) in a manner that ensures no entities participating in the bidding may collude or coordinate their bids. (B) Limitation The multiplier described in subparagraph (A)(ii) may not be greater than 6. (6) Reimbursement of costs The Board shall repay the Secretary, from funds in the AIF, for the costs to the Secretary in carrying out this subsection. (e) Additional bonds (1) In general The Board may issue such other bonds as the Board determines appropriate, the proceeds from which shall be deposited into the AIF. (2) No full faith and credit Interest and principal payments paid to holders of bonds issued pursuant to paragraph (1) shall be paid from the AIF, to the extent funds are available, and shall not be backed by the full faith and credit of the United States. (f) Definitions For purposes of this section: (1) Infrastructure provider The term infrastructure provider (2) Secretary The term Secretary (3) State The term State 3. Foreign earnings exclusion for purchase of infrastructure bonds (a) In general Subpart F of part III of subchapter N of chapter 1 966. Foreign earnings exclusion for purchase of infrastructure bonds (a) Exclusion In the case of a corporation which is a United States shareholder and for which the election under this section is in effect for the taxable year, gross income does not include an amount equal to the qualified cash dividend amount. (b) Qualified cash dividend amount For purposes of this section, the term qualified cash dividend amount (1) the multiplier determined under section 2(d)(5) of the Partnership to Build America Act of 2014 (2) the face amount of qualified infrastructure bonds acquired at its original issue (directly or through an underwriter) by such shareholder. (c) Limitations (1) In general The amount of dividends taken into account under subsection (a) for a taxable year shall not exceed the lesser of— (A) the cash dividends received by the taxpayer for such taxable year, or (B) the amount shown on the applicable financial statement as earnings permanently reinvested outside the United States. (2) Dividends must be extraordinary The amount of dividends taken into account under subsection (a) shall not exceed the excess (if any) of— (A) the cash dividends received during the taxable year by such shareholder from controlled foreign corporations, over (B) the annual average for the base period years of the cash dividends received during each base period year by such shareholder from controlled foreign corporations. (3) Reduction of benefit if increase in related party indebtedness The amount of dividends which would (but for this paragraph) be taken into account under subsection (a) shall be reduced by the excess (if any) of— (A) the amount of indebtedness of the controlled foreign corporation to any related person (as defined in section 954(d)(3)) as of the close of the taxable year for which the election under this section is in effect, over (B) the amount of indebtedness of the controlled foreign corporation to any related person (as so defined) as of the close of the preceding taxable year. (4) Treatment of controlled foreign corporations All controlled foreign corporations with respect to which the taxpayer is a United States shareholder shall be treated as 1 controlled foreign corporation for purposes of this subsection. The Secretary may prescribe such regulations as may be necessary or appropriate to prevent the avoidance of the purposes of this subsection, including regulations providing that cash dividends shall not be taken into account under subsection (a) to the extent such dividends are attributable to the direct or indirect transfer (including through the use of intervening entities or capital contributions) of cash or other property from a related person (as so defined) to a controlled foreign corporation. (d) Definitions and special rules For purposes of this section— (1) Qualified infrastructure bonds The term qualified infrastructure bond Partnership to Build America Act of 2014 (2) Applicable financial statement The term applicable financial statement (A) with respect to a United States shareholder which is required to file a financial statement with the Securities and Exchange Commission (or which is included in such a statement so filed by another person), the most recent audited annual financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which was so filed for such taxable year, and (ii) which is certified as being prepared in accordance with generally accepted accounting principles, and (B) with respect to any other United States shareholder, the most recent audited financial statement (including the notes which form an integral part of such statement) of such shareholder (or which includes such shareholder)— (i) which is certified as being prepared in accordance with generally accepted accounting principles, and (ii) which is used for the purposes of a statement or report— (I) to creditors, (II) to shareholders, or (III) for any other substantial nontax purpose. (3) Base period years (A) In general The base period years are the 3 taxable years— (i) which are among the 5 most recent preceding taxable years ending before the taxable year, and (ii) which are determined by disregarding— (I) 1 taxable year for which the amount described in subsection (c)(2)(B) is the largest, and (II) 1 taxable year for which such amount is the smallest. (B) Shorter period If the taxpayer has fewer than 5 taxable years ending before the taxable year, then in lieu of applying subparagraph (A), the base period years shall include all the taxable years of the taxpayer ending before such taxable year. (C) Mergers, acquisitions, etc (i) In general Rules similar to the rules of subparagraphs (A) and (B) of section 41(f)(3) shall apply for purposes of this paragraph. (ii) Spin-offs, etc If there is a distribution to which section 355 (or so much of section 356 as relates to section 355) applies during the 5-year period referred to in subparagraph (A)(i) and the controlled corporation (within the meaning of section 355) is a United States shareholder— (I) the controlled corporation shall be treated as being in existence during the period that the distributing corporation (within the meaning of section 355) is in existence, and (II) for purposes of applying subsection (c)(2) to the controlled corporation and the distributing corporation, amounts described in subsection (c)(2)(B) which are received or includable by the distributing corporation or controlled corporation (as the case may be) before the distribution referred to in subclause (I) from a controlled foreign corporation shall be allocated between such corporations in proportion to their respective interests as United States shareholders of such controlled foreign corporation immediately after such distribution. (iii) Exception Subclause (II) of clause (ii) shall not apply if neither the controlled corporation nor the distributing corporation is a United States shareholder of such controlled foreign corporation immediately after such distribution. (4) Dividend The term dividend (5) Coordination with dividend received deduction No deduction shall be allowed under section 243 or 245 for any dividend which is excluded from income by subsection (a). (6) Controlled groups All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder. (7) Reporting The Secretary shall require by regulation or other guidance the reporting of such information as the Secretary may require to carry out this section. (e) Denial of foreign tax credit; denial of certain expenses (1) Foreign tax credit (A) In general No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to the excluded portion of any dividend. (B) Denial of deduction of related tax No deduction shall be allowed under this chapter for any tax for which credit is not allowable by reason of the preceding sentence. (2) Expenses No deduction shall be allowed for expenses directly allocable to the excludable portion described in paragraph (1). (3) Excludable portion For purposes of paragraph (1), unless the taxpayer otherwise specifies, the excludable portion of any dividend or other amount is the amount which bears the same ratio to the amount of such dividend or other amount as the amount excluded from income under subsection (a) for the taxable year bears to the amount described in subsection (c)(2)(A) for such year. (4) Coordination with section 78 Section 78 shall not apply to any tax which is not allowable as a credit under section 901 by reason of this subsection. (f) Election To have section apply A taxpayer may elect to have this section apply for any taxable year. . (b) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item: 966. Foreign earnings exclusion for purchase of infrastructure bonds. . (c) Effective date The amendments made by this section shall apply to dividends received for taxable years ending after the date of the enactment of this Act.

Partnership to Build America Act of 2014

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to raise from $2 million to $4 million the amount that may be obligated from the Hazardous Substance Superfund for a response action after which obligations may not continue unless certain criteria are met.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to raise the per-incident cap on removal actions. 1. Response authorities Section 104(c)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(c)(1) $2,000,000 $4,000,000

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to raise the per-incident cap on removal actions.

Quell Unnecessary, Intentional, and Encroaching Telephone Calls Act of 2014 or the QUIET Act - Amends the federal criminal code to prohibit a a person within the United States, or a person outside the United States if the recipient is within the United States, from knowingly initiating a commercial robocall without the prior express written consent of the recipient. Defines "commercial robocall" to mean a telephone call made for the purpose of soliciting or encouraging the purchase or rental of, or investment or enrollment in, property, goods, or services, using an automatic telephone dialing system or an artificial or prerecorded voice. Exempts telephone calls that: (1) are made for emergency purposes; (2) are by or on behalf of a tax-exempt nonprofit organization; (3) are made by a provider of commercial mobile radio service to subscribers of the service, for which the subscribers are not charged; or (4) deliver a message relating to health care made by, or on behalf of, a covered entity or a business associate of a covered entity. Subjects any person who violates this Act to a fine of not more than $20,000 per violation, imprisonment for not more than 10 years, or both.

To criminalize the knowing use of commercial robocalls without the prior express written consent of the recipient, and for other purposes. 1. Short title This Act may be cited as the Quell Unnecessary, Intentional, and Encroaching Telephone Calls Act of 2014 QUIET Act 2. Commercial robocalls (a) In general Chapter 113A 2328. Commercial robocalls (a) Definitions In this section— (1) the term automatic telephone dialing system 47 U.S.C. 227(a) (2) the term commercial robocall (3) the term prior express written consent (A) includes the signature of the recipient; (B) clearly authorizes the seller to initiate or cause to be initiated to the recipient a commercial robocall; (C) includes the telephone number to which the recipient authorizes the commercial robocall to be initiated; and (D) includes a clear and conspicuous disclosure informing the recipient that— (i) by executing the agreement, the recipient authorizes the seller to initiate or cause to be initiated to the recipient a commercial robocall; and (ii) the recipient is not required to sign the agreement, directly or indirectly, or agree to enter into the agreement as a condition of purchasing, renting, investing in, or enrolling in any property, goods, or services; (4) the term seller (5) the term signature (b) Prohibition (1) In general It shall be unlawful for a person within the United States, or a person outside the United States if the recipient is within the United States, to knowingly initiate a commercial robocall without the prior express written consent of the recipient. (2) Exemptions Paragraph (1) shall not apply to a telephone call— (A) that is made for emergency purposes; (B) that is made by or on behalf of a tax-exempt nonprofit organization; (C) (i) that is made by a provider of commercial mobile radio service, as that term is defined in section 20.3 (ii) for which the subscribers described in clause (i) are not charged; or (D) that delivers a message relating to health care made by, or on behalf of, a covered entity or a business associate of a covered entity, as those terms are defined in section 160.103 of title 45, Code of Federal Regulations, or any successor thereto. (c) Criminal penalties Any person who violates this section shall be fined not more than $20,000 per violation, imprisoned for not more than 10 years, or both. . (b) Technical and conforming amendments Part I of title 18, United States Code, is amended— (1) in the chapter analysis, by striking the item relating to chapter 113A and inserting the following: 113A. Telemarketing 2325 ; and (2) in chapter 113A— (A) in the chapter heading, by striking fraud (B) in the table of sections, by adding at the end the following: 2328. Commercial robocalls. .

QUIET Act

Fairness in Federal Disaster Declarations Act of 2014 - Requires the Administrator of the Federal Emergency Management Agency (FEMA) to amend the rules concerning the factors FEMA considers when evaluating a governor's request for a major disaster declaration to provide that, with respect to the evaluation of the need for public assistance: (1) specific weighted valuations shall be assigned to the estimated cost of the assistance (10%), localized impacts (40%), insurance coverage in force (10%), hazard mitigation (10%), recent multiple disasters (10%), programs of other federal assistance (10%), and economic circumstances (10%); and (2) FEMA shall consider the economic circumstances of both the local economy of the affected area (including the local assessable tax base and local sales tax, median income, and poverty rate) and the state economy (including the unemployment rate). Requires such rules to provide that, with respect to the evaluation of the severity, magnitude, and impact of the disaster and the evaluation of the need for assistance to individuals: (1) specific weighted valuations shall be assigned to concentration of damages (20%), trauma (20%), special populations (20%), voluntary agency assistance (10%), insurance (20%), average amount of individual assistance by state (5%), and economic considerations (5%); and (2) FEMA shall consider the economic circumstances of the affected area (including the local assessable tax base and local sales tax, median income, and poverty rate).

To require rulemaking by the Administrator of the Federal Emergency Management Agency to address considerations in evaluating the need for public and individual disaster assistance, and for other purposes. 1. Short title This Act may be cited as the Fairness in Federal Disaster Declarations Act of 2014 2. Regulatory action required (a) In general Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this Act referred to as the Administrator FEMA (b) New criteria required The amended rules issued under subsection (a) shall provide for the following: (1) Public assistance program Such rules shall provide that, with respect to the evaluation of the need for public assistance— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) estimated cost of the assistance, 10 percent; (ii) localized impacts, 40 percent; (iii) insurance coverage in force, 10 percent; (iv) hazard mitigation, 10 percent; (v) recent multiple disasters, 10 percent; (vi) programs of other Federal assistance, 10 percent; and (vii) economic circumstances described in subparagraph (B), 10 percent; and (B) FEMA shall consider the economic circumstances of— (i) the local economy of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State; and (ii) the economy of the State, including factors such as the unemployment rate of the State, as compared to the national unemployment rate. (2) Individual assistance program Such rules shall provide that, with respect to the evaluation of the severity, magnitude, and impact of the disaster and the evaluation of the need for assistance to individuals— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) concentration of damages, 20 percent; (ii) trauma, 20 percent; (iii) special populations, 20 percent; (iv) voluntary agency assistance, 10 percent; (v) insurance, 20 percent; (vi) average amount of individual assistance by State, 5 percent; and (vii) economic considerations described in subparagraph (B), 5 percent; and (B) FEMA shall consider the economic circumstances of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State.

Fairness in Federal Disaster Declarations Act of 2014

Chemical Safety and Drinking Water Protection Act of 2014 - (Sec. 2) Amends the Safe Drinking Water Act (SDWA) to direct the Environmental Protection Agency (EPA) or each state exercising primary enforcement responsibility for public water systems to establish within two years a state chemical storage tank surface water protection program for chemicals identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), subject to emergency planning or reporting requirements of the Emergency Planning and Community Right-To-Know Act, or defined as a contaminant under the Safe Drinking Water Act. Includes within the program bulk storage tanks that contain chemicals that if released could pose a risk of harm to a public water system. Excludes from the program a tank or container that is subject to regulations to prevent discharges of oil and hazardous substances under the National Response System of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Authorizes the EPA or a state, as applicable, to adopt additional exclusions based on federal or state laws that substantially meet the requirements of this Act, or for tanks that would not pose a risk of harm to a public water system. Requires the programs to provide for oversight and inspection of each covered chemical storage tank in accordance with minimum requirements, established by this Act, to prevent the release of chemicals into the water supplies of public water systems. Requires inspections for: (1) high hazard tanks every year by a certified inspector, (2) tanks identified in source water assessment every three years, and (3) for any other covered chemical storage tank every five years. Requires the program to include a comprehensive inventory of the covered chemical storage tanks in each state. Requires the EPA or a state, as applicable, to develop within two years a list of covered chemical storage tanks that hold chemicals that if released could pose the greatest risk of harm to public water systems in the state and the greatest risk to public health. Deems a program and its requirements, for purposes of primary enforcement responsibility, to be part of the national primary drinking water regulations and requires that they be implemented and enforced in accordance with applicable SDWA procedures. Requires states to notify the EPA within two years on whether the state will be exercising primary enforcement responsibility for public water systems or if it will be opting out. Prohibits a state's decision to implement or opt out of the program from affecting the state's primacy over other programs under the SDWA. Requires the EPA to issue guidance and provide other technical assistance to states carrying out the programs. Authorizes the EPA or a state, as applicable, to issue orders to the owner or operator of a tank to carry out this Act. Sets forth requirements concerning: (1) liability of a tank owner or operator for costs of response actions, and (2) pre-transfer inspections of tanks. Requires the EPA or a state to make available to public water systems, on request, information regarding emergency response plans, an inventory of each chemical held in the covered chemical storage tanks, existing information on the potential toxicity of the stored chemicals to public health and the environment that is relevant to evaluate the risk of harm to public water systems, and safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals. Directs the EPA or the state to provide emergency response plans required by the program to the agency carrying out the program and to the Department of Homeland Security (DHS). Requires these plans to be integrated with applicable area contingency plans under the Clean Water Act. Authorizes an owner or operator of a public water system to commence, or to petition the EPA to commence, a civil action for equitable relief to address possible imminent and substantial endangerment to the health of persons supplied by the water system. Provides a special rule to expedite the EPA's response to a petition in emergency situations.

To protect surface water from contamination by chemical storage facilities, and for other purposes. 1. Short title This Act may be cited as the Chemical Safety and Drinking Water Protection Act of 2014 2. Protection of surface water from contamination by chemical storage facilities (a) In general The Safe Drinking Water Act ( 42 U.S.C. 300f et seq. G Protection of surface water from contamination by chemical storage facilities 1471. Definitions In this part: (1) Covered chemical storage facility (A) In general The term covered chemical storage facility (B) Exclusions The term covered chemical storage facility 33 U.S.C. 1321(j)(1)(C) (C) Considerations In determining risk of harm posed by a chemical storage facility under subparagraph (A), the Administrator or State, as applicable, may consider the requirements of applicable Federal or State laws (including regulations). (2) State program The term State program 1472. Establishment of State programs (a) In general Not later than 1 year after the date of enactment of this part, the Administrator or each State exercising primary enforcement responsibility for public water systems, as applicable, shall carry out, directly or through delegation, a chemical storage facility source water protection program to provide for the protection of public water systems from a release of a chemical from a covered chemical storage facility. (b) Program requirements (1) In general A State program under subsection (a) shall provide for oversight and inspection of each covered chemical storage facility in accordance with the requirements described in paragraph (2) to prevent the release of chemicals into the water supply in watersheds with public water systems that rely on surface water, including a covered chemical storage facility located in a source water area identified under section 1453. (2) Minimum requirements At a minimum, a State program shall include— (A) requirements for covered chemical storage facilities, including— (i) acceptable standards of good design, construction, or maintenance; (ii) leak detection; (iii) spill and overfill control; (iv) inventory control; (v) an emergency response and communication plan; (vi) an employee training and safety plan; (vii) an inspection of the integrity of each covered chemical storage facility; (viii) lifecycle maintenance, including corrosion protection; (ix) notice to the Administrator, the appropriate State agency, and applicable public water systems of— (I) the potential toxicity of the stored chemicals to humans and the environment; and (II) safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals; and (x) financial responsibility requirements, including proof of insurance, bond, or other similar instrument; (B) inspections of covered chemical storage facilities, which shall occur— (i) for a covered chemical storage facility identified in a source water assessment area under section 1453, not less frequently than once every 3 years; and (ii) for any other covered chemical storage facility, not less frequently than once every 5 years; and (C) a comprehensive inventory of the covered chemical storage facilities in each State. (c) National primary drinking water regulations For purposes of primary enforcement responsibility, a State program and any requirements under this part shall be— (1) considered to be a part of the national primary drinking water regulations established under section 1412; and (2) implemented and enforced in accordance with the procedures under sections 1413 and 1414 and part E. (d) Administration A State program shall be carried out— (1) if the State exercises primary enforcement responsibility for public water systems in that State under this Act, by the State; and (2) if the State does not exercise primary enforcement responsibility for public water systems in that State under this Act, by the Administrator. (e) Guidance The Administrator may issue guidance or provide other technical assistance to State programs in carrying out activities under this part. 1473. Corrective action orders The Administrator under section 1472(d)(2) or the State under section 1472(d)(1), as applicable, may issue an order to the owner or operator of a covered chemical storage facility to carry out this part. 1474. Cost recovery If costs have been incurred by the Administrator or the State, as applicable, for undertaking a response action under this part relating to the release of a chemical, the owner or operator of the covered chemical storage facility shall be liable to the Administrator or the State for those costs. 1475. Transfer of covered chemical storage facilities Notwithstanding the inspection schedule under section 1472(b)(2)(B), no person shall transfer a covered chemical storage facility unless— (1) prior to the closing or completion of the transfer, the transferor submits to the transferee the results of a pretransfer inspection of the integrity of the covered chemical storage facility, which shall be conducted pursuant to any requirements set by the Administrator under section 1472(d)(2) or the State under section 1472(d)(1), as applicable; and (2) the transferor or the transferee agrees to take appropriate measures to address the results of the pretransfer inspection prior to the date that is 30 days after the date on which the covered chemical storage facility closes or is transferred. 1476. Information sharing (a) Information for public water systems The Administrator or State, as applicable, shall provide public water systems with information relating to— (1) emergency response plans for covered chemical storage facilities located within the same watershed as the public water system; and (2) an inventory of each chemical held at the covered chemical storage facilities described in paragraph (1). (b) Emergency response plans A copy of each emergency response plan submitted under section 1472(b)(2)(A) shall be provided to— (1) the Administrator (if the State exercises primary responsibility for public water systems in that State); and (2) the Secretary of Homeland Security. (c) Information (1) In general The Administrator or a State, as applicable, may keep confidential information the Administrator or the State determines to be sensitive and present a security risk to a covered chemical storage facility. (2) Exceptions Paragraph (1) shall not— (A) apply to public health information; or (B) prevent the sharing of information with the Administrator, the Secretary of Homeland Security, a public water system, or a public agency involved in emergency response. . (b) Emergency powers Section 1431 of the Safe Drinking Water Act ( 42 U.S.C. 300i (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Petitions (1) In general In any case in which the Administrator is authorized to act under subsection (a), the owner or operator of a public water system may— (A) commence a civil action for appropriate equitable relief, including a restraining order or permanent or temporary injunction, to address any activity or facility that may present an imminent and substantial endangerment to the health of persons who are supplied by that public water system; or (B) petition the Administrator to issue an order or commence a civil action under subsection (a). (2) Response (A) In general Subject to subparagraph (B), not later than 30 days after the date on which the Administrator receives a petition under paragraph (1), the Administrator shall respond to the petition and initiate such action as the Administrator determines to be appropriate. (B) Special rule for emergencies If the owner or operator of a public water system submits the petition under paragraph (1) in response to an emergency, the Administrator shall respond not later than 72 hours after receipt of the petition. . (c) Conforming amendment Section 1414 of the Safe Drinking Water Act ( 42 U.S.C. 300g–3 (1) in subsections (a), (b), (e), (f), and (g)— (A) by inserting after public water system or a covered chemical storage facility (B) by inserting after public water systems or a covered chemical storage facility (2) in subsection (i)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (B) by striking the heading designation and all that follows through means— (i) Definitions In this section: (1) Applicable requirement The term applicable requirement ; (C) in paragraph (1)(A) (as so redesignated)— (i) by inserting a comma after 1417 (ii) by striking or 1445 1445, or part G (D) by adding at the end the following: (2) Covered chemical storage facility The term covered chemical storage facility . 1. Short title This Act may be cited as the Chemical Safety and Drinking Water Protection Act of 2014 2. Protection of surface water from contamination by chemical storage tanks (a) In general The Safe Drinking Water Act ( 42 U.S.C. 300f et seq. G Protection of surface water from contamination by chemical storage tanks 1471. Definitions In this part: (1) Chemical The term chemical (A) identified as a hazardous substance, as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601(14) (B) subject to emergency planning or reporting requirements of the Emergency Planning and Community Right-To-Know Act ( 42 U.S.C. 11001 et seq. (C) defined as a contaminant under section 1401(6) of the Safe Drinking Water Act ( 42 U.S.C. 300f(6) (2) Covered chemical storage tank (A) In general The term covered chemical storage tank (B) Exclusions (i) In general The term covered chemical storage tank 33 U.S.C. 1321(j)(1)(C) (ii) Additional exclusions The Administrator or State, as applicable, shall consider and may adopt appropriate exclusions— (I) based on applicable Federal or State laws (including regulations) that substantially meet the requirements and purposes of this Act; or (II) for covered chemical storage tanks that the Administrator or State, as applicable, determines would not pose a risk of harm to a public water system. (3) Program The term program 1472. Establishment of programs (a) In general Not later than 2 years after the date of enactment of this part, the Administrator or each State exercising primary enforcement responsibility for public water systems, as applicable, shall establish, directly or through delegation to any State agency the Governor of the State determines is appropriate, a chemical storage tank surface water protection program to provide for the protection of public water systems from a release of a chemical from a covered chemical storage tank. (b) Program requirements (1) In general A program under subsection (a) shall provide for oversight and inspection of each covered chemical storage tank in accordance with the requirements described in paragraph (2) to prevent the release of chemicals into surface water supplies of public water systems, including a covered chemical storage tank located in a source water area identified under section 1453. (2) Minimum requirements At a minimum, the program shall include— (A) requirements for covered chemical storage tanks, including— (i) appropriate standards of good design, construction, or maintenance; (ii) leak detection; (iii) spill and overfill prevention and containment; (iv) inventory control for the purpose of promptly determining the quantity of chemicals released in the event of a spill; (v) an emergency response and communication plan, including procedures for immediately notifying, after discovery of a chemical release, public water systems that may be adversely impacted by the chemical release, and other entities required by the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 et seq. (vi) an employee training and safety plan; (vii) an inspection of the integrity of covered chemical storage tanks, consistent with appropriate standards; (viii) lifecycle maintenance, including corrosion protection; (ix) notice to the Administrator and the appropriate State agency of— (I) the existing information on the potential toxicity of the stored chemicals to public health and the environment that the Administrator or State, as applicable, determines is relevant to evaluate the risk of harm to public water systems; and (II) safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals; and (x) financial responsibility requirements, including proof of insurance, bond, self-insurance, guarantee, or other similar financial assurance instrument; (B) inspections of covered chemical storage tanks, which shall occur— (i) for a covered chemical storage tank listed under paragraph (3), annually by a certified inspector on behalf of the owner or operator of such tank; (ii) for a covered chemical storage tank identified in a source water assessment area under section 1453, not less frequently than once every 3 years by the Administrator or State, as applicable; and (iii) for any other covered chemical storage tank, not less frequently than once every 5 years; and (C) a comprehensive inventory of the covered chemical storage tanks in each State. (3) High hazard covered chemical storage tanks Not later than 2 years after the date of enactment of this part, the Administrator or the State, as applicable, shall develop a list of covered chemical storage tanks from which a release of a chemical from the tanks poses the greatest risk of harm to public water systems in the State and the greatest risk to public health. (c) Incorporation of existing standards In establishing mandatory program requirements under subsection (b), the Administrator or a State, as applicable, may, by reference, include appropriate— (1) requirements under State or Federal law, including regulations, as in effect on the date on which the program requirements are established; and (2) consensus standards. (d) National primary drinking water regulations For purposes of primary enforcement responsibility, a program and any requirements under this part shall be— (1) considered to be a part of the national primary drinking water regulations established under section 1412; and (2) implemented and enforced in accordance with this Act. (e) Administration A program shall be carried out— (1) if the State exercises primary enforcement responsibility for public water systems in that State under this Act, by the State; or (2) by the Administrator if the State— (A) does not exercise primary enforcement responsibility for public water systems in that State under this Act; or (B) (i) exercises primary enforcement responsibility for public water systems in that State; and (ii) expressly refrains from administering and implementing a program under this part. (f) Notification Not later than 2 years after the date of enactment of this part, the State shall notify the Administrator if the State— (1) exercises primary enforcement responsibility for public water systems in that State under this Act; and (2) refrains from establishing a program under this part. (g) Severability If a State does not implement a program under this part, it shall not otherwise affect the primary enforcement responsibility of the State under this Act. (h) Guidance The Administrator shall issue guidance, subject to public notice and opportunity for comment, and provide other technical assistance to States carrying out programs and activities under this part. 1473. Corrective action orders The Administrator under section 1472(e)(2) or the State under section 1472(e)(1), as applicable, may issue an order to the owner or operator of a covered chemical storage tank to carry out this part. 1474. Response cost recovery If costs have been incurred by the Administrator or the State, as applicable, for undertaking a response action under this part relating to the release of a chemical, the owner or operator of the covered chemical storage tank shall be liable to the Administrator or the State for those response action costs. 1475. Transfer of covered chemical storage tanks (a) In general Notwithstanding the inspection schedule under section 1472(b)(2)(B), no person shall transfer a covered chemical storage tank unless— (1) prior to the closing or completion of the transfer, the transferor submits to the transferee the results of a pretransfer inspection of the integrity of the covered chemical storage tank, which shall be conducted pursuant to any requirements set by the Administrator under section 1472(e)(2) or the State under section 1472(e)(1), as applicable; and (2) except as provided in subsection (e), the transferor or the transferee agrees to take appropriate measures to address the results of the pretransfer inspection prior to the date that is 1 year after the date on which the covered chemical storage tank closes or transfer is complete. (b) Qualifying inspections An inspection carried out not earlier than 1 year before the date on which a covered chemical storage tank is transferred shall satisfy the pretransfer inspection requirement described in subsection (a). (c) Third-party inspections An inspection made by a qualified engineer on behalf of the owner or operator of the tank shall satisfy the pretransfer inspection requirement described in subsection (a). (d) Calculation of time period For a covered chemical storage tank subject to a pretransfer inspection under subsection (a)(1), the deadline for the next required inspection under section 1427(b)(2)(B) shall be calculated from the date of the pretransfer inspection. (e) Extension The Administrator or State, as applicable, may extend the time period described in subsection (a)(2) for a reasonable time if the transferor or transferee establishes, to the satisfaction of the Administrator or State, that the design and construction of the appropriate measures taken under subsection (a)(2) cannot reasonably be completed during the time period. 1476. Information sharing (a) Information for public water systems Subject to subsection (c), the Administrator or State, as applicable, shall make available to public water systems, on request, information maintained by the Administrator or State, as applicable, in accordance with section 1472(b)(2) relating to— (1) emergency response plans for covered chemical storage tanks located within the same watershed as the public water system; (2) an inventory of each chemical held at the covered chemical storage tanks described in paragraph (1); (3) existing information on the potential toxicity of the stored chemicals to public health and the environment that the Administrator or State, as applicable, determines is relevant to evaluate the risk of harm to public water systems; and (4) safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals. (b) Emergency response plans (1) In general A State or the Administrator, as applicable, shall submit a copy of each emergency response plan submitted under section 1472(b)(2)(A) to— (A) the Administrator (or the State if the Administrator is carrying out the program); and (B) the Secretary of Homeland Security. (2) Consistency To the maximum extent practicable, emergency response plans submitted under section 1472(b)(2)(A) shall be integrated with applicable area contingency plans under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)). (c) Information (1) In general The Administrator or a State, as applicable, shall keep confidential information reported to, obtained by, or otherwise submitted to the Administrator or the State that the Administrator or State determines to be national security sensitive or present a security risk to a covered chemical storage tank. (2) Exceptions Paragraph (1) shall not— (A) apply to public health information; (B) apply to information required to be disclosed under the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 et seq. (C) prevent the sharing of information with the Administrator, the Secretary of Homeland Security, a public water system, or a public agency involved in emergency response. (3) Effect Nothing in this subsection affects— (A) except as provided under paragraph (2), any disclosure requirement or exceptions to disclosure under any State law (including regulations); or (B) any disclosure requirement or exceptions to disclosure under Federal law, including section 552 of title 5, United States Code (commonly known as the Freedom of Information Act . (b) Emergency powers Section 1431 of the Safe Drinking Water Act ( 42 U.S.C. 300i (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Petitions (1) In general In any case in which the Administrator is authorized to act under subsection (a), the owner or operator of a public water system may, but is not required— (A) to commence a civil action for appropriate equitable relief, including a restraining order or permanent or temporary injunction, to address any activity or facility that may present an imminent and substantial endangerment to the health of persons who are supplied by that public water system; or (B) to petition the Administrator to issue an order or commence a civil action under subsection (a). (2) Response (A) In general Subject to subparagraph (B), not later than 30 days after the date on which the Administrator receives a petition under paragraph (1), the Administrator shall respond to the petition and initiate such action as the Administrator determines to be appropriate. (B) Special rule for emergencies If the owner or operator of a public water system submits the petition under paragraph (1) in response to an emergency, the Administrator shall respond not later than 72 hours after receipt of the petition. . (c) Conforming amendment Section 1414 of the Safe Drinking Water Act ( 42 U.S.C. 300g–3 (1) in subsections (a), (b), (e), (f), and (g)— (A) by inserting after public water system or a covered chemical storage tank (B) by inserting after public water systems or a covered chemical storage tank (2) in subsection (i)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (B) by striking the heading designation and all that follows through means— (i) Definitions In this section: (1) Applicable requirement The term applicable requirement ; (C) in paragraph (1)(A) (as so redesignated)— (i) by inserting a comma after 1417 (ii) by striking or 1445 1445, or part G (D) by adding at the end the following: (2) Covered chemical storage tank The term covered chemical storage tank . July 31, 2014 Reported with an amendment

Chemical Safety and Drinking Water Protection Act of 2014

Pullman National Historical Park Act - Establishes the Pullman National Historical Park in Illinois as a unit of the National Park System to: (1) preserve and interpret for the benefit of future generations the significant labor, industrial, civil rights, and social history of the Park, the significant architectural structures in the Park, and the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) coordinate preservation, protection, and interpretation efforts of the Park by the federal government, the state of Illinois, units of local government, and private and nonprofit organizations; and (3) coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. Requires the Park to include: (1) the Pullman Factory Complex, including the Clock Tower Building and rear erecting shops; and (2) the approximately 13 acres of land upon which such structures are located. Requires the Secretary of the Interior to complete a general management plan for the Park.

To establish the Pullman National Historical Park in the State of Illinois as a unit of the National Park System, and for other purposes. 1. Short title This Act may be cited as the Pullman National Historical Park Act 2. Findings Congress finds that— (1) in 1970, the Secretary of the Interior designated the Pullman Historic District as a National Historic Landmark District in 1970 because of— (A) the significance of the District to the labor history, social history, architecture, and urban planning of the United States; and (B) the pivotal role of events in the District in creating the first national Labor Day holiday in the world; (2) between 1880 and 1884 George M. Pullman, owner of the Pullman Palace Car Company, built the Pullman community, which was envisioned by Pullman as an industrial town that would provide employees with— (A) a model community; and (B) suitable living conditions; (3) the town developed by George M. Pullman, which consisted of over 1,000 buildings and homes, was awarded The World's Most Perfect Town (4) the Pullman factory site is a true symbol of the historic struggle in the United States to achieve fair labor practices for the working class, with the original factory serving as the catalyst for the first industry-wide strike in the United States; (5) in the midst of economic depression in 1894, to protest unsafe conditions and reductions in pay, Pullman factory workers initiated a strike that— (A) when taken up as a cause by the American Railway Union, crippled the entire rail industry; (B) continued even in the face of a Federal injunction and a showdown between laborers and Federal troops that turned violent and deadly; and (C) set a national example for the ability of working people in the United States to change the existing system in favor of more just practices for protecting workers rights and safety; (6) following the deaths of a number of workers at the hands of the United States military and United States Marshals during the 1894 strike, Congress unanimously voted to approve rush legislation that created a national Labor Day holiday, which was signed into law by President Grover Cleveland 6 days after the end of the strike; (7) the Pullman Palace Car Company also played an important role in African-American and early civil rights history through the legacy of the Pullman porters, many of whom were ex-slaves were employed in a heavily discriminatory environment immediately following the Civil War; (8) the Pullman porters, who served diligently between the 1870s and the 1960s, have been commended for— (A) the level of service and attention to detail of the Pullman porters; and (B) the contributions of the Pullman porters to the development of the African-American middle class; (9) the information, ideas, and commerce the Pullman porters carried across the country while traveling on trains helped to bring education and wealth to African-American communities throughout the United States; (10) the positive role of the Pullman porters in the historical image of the first-class service that was made available on Pullman cars is unmistakable; (11) the Pullman community was the seminal home to the Brotherhood of Sleeping Car Porters, which— (A) was the first African-American labor union with a collective bargaining agreement; (B) was founded by civil rights pioneer A. Philip Randolph in 1925; (C) fought against discrimination and in support of just labor practices; and (D) helped lay the groundwork for what became the great Civil Rights Movement of the 20th Century; (12) the Pullman community is— (A) a paramount illustration of the work of architect Solon Spencer Beman; (B) a well-preserved example of 19th Century community planning, architecture, and landscape design; and (C) comprised of a number of historic structures, including the Administration Clock Tower Building, Hotel Florence, Green­stone Church, Market Square, and hundreds of units of rowhouses built for Pullman workers; (13) the preservation of the Pullman site has been threatened by— (A) plans for demolition in 1960; and (B) a fire in 1998, which damaged the iconic clock tower and the rear erecting shops; (14) the diligent efforts of community organizations, foundations, nonprofits, residents, the State, and units of local government in the restoration and preservation of the District after the 1998 fire were vital to the protection of the Pullman site; (15) due to the historic and architectural significance of the District, the District is designated as— (A) a registered National Historic Landmark District; (B) an Illinois State Landmark; and (C) a City of Chicago Landmark District; and (16) the preservation, enhancement, economic, and tourism potential and management of the important historic and architectural resources of the Park requires cooperation and partnerships from among local property owners, the Federal Government, the State, units of local government, the private and nonprofit sectors, and the more than 100 civic organizations who have expressed support for community preservation through the establishment of the Pullman National Historical Park. 3. Definitions In this Act: (1) Park The term Park (2) Secretary The term Secretary (3) State The term State 4. Establishment of the Pullman National Historical Park (a) Establishment and purpose There is established in the State a unit of the National Park System, to be known as the Pullman National Historical Park (1) to preserve and interpret for the benefit of future generations— (A) the significant labor, industrial, civil rights, and social history of the Park; (B) the significant architectural structures in the Park; and (C) the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) to coordinate preservation, protection, and interpretation efforts of the Park by the Federal Government, the State, units of local government, and private and nonprofit organizations; and (3) to coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. (b) Park boundary The boundary of the Park shall be established by the Secretary, but shall not exceed the boundary of the approximately 300-acre Pullman Historic District in Chicago, which is between 103rd Street on the north, 115th Street on the south, Cottage Grove Avenue on the west, and the Norfolk & Western Rail Line on the east. (c) Inclusion of historic sites On conveyance by the State to the Secretary, the Park shall include— (1) the Pullman Factory Complex, including the Clock Tower Building and rear erecting shops; and (2) the approximately 13 acres of land on which the structures described in paragraph (1) are located. 5. Administration (a) In general The Secretary shall administer land within the boundary of the Park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including— (A) the National Park Service Organic Act ( 16 U.S.C. 1 et seq. (B) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. (b) Cooperative agreements The Secretary may enter into cooperative agreements with the State or other public and nonpublic entities, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal land within the boundaries of the Park and at sites in close proximity to the Park but located outside the boundaries of the Park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Acquisition of land The Secretary may acquire for inclusion in the Park any land (including interests in land), buildings, or structures owned by the State or any other political, private, or nonprofit entity by donation, transfer, exchange, or purchase from a willing seller. (d) Management plan Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the State, shall complete a general management plan for the Park in accordance with— (1) section 12(b) of the National Park System General Authorities Act ( 16 U.S.C. 1a–7(b) (2) any other applicable laws. (e) Effect Nothing in this Act modifies any authority of the Federal Government to carry out Federal laws on Federal land located in the Park. 6. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act.

Pullman National Historical Park Act

Repeals a provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62.

To repeal section 403 of the Bipartisan Budget Act of 2013. 1. Repeal of certain reductions made by the Bipartisan Budget Act of 2013 Section 403 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 January 28, 2014 Read the second time and placed on the calendar

A bill to repeal section 403 of the Bipartisan Budget Act of 2013.

Passenger Fee Restructuring Exemptions Act of 2014 - Revises aviation security service fee requirements. Makes an exception to the $5.60 per one-way trip fee for certain passengers for domestic flights that originate at a U.S. airport. Limits such fees to $2.50 per enplanement, with the total not to exceed $5.00 per one-way trip, for any passengers: (1) boarding to an eligible small community for which essential air service compensation is paid; or (2) on flights, including flight segments, between two or more points in Hawaii or two or more points in Alaska.

To amend title 49, United States Code, to exempt certain flights from increased aviation security service fees. 1. Short title This Act may be cited as the Passenger Fee Restructuring Exemptions Act of 2014 2. Exceptions to restructuring of passenger fee (a) In general Section 44940(c) (1) by striking Fees imposed (1) In general Except as provided by paragraph (2), fees imposed ; and (2) by adding at the end the following: (2) Exceptions Fees imposed under subsection (a)(1) may not exceed $2.50 per enplanement, and the total amount of such fees may not exceed $5.00 per one-way trip, for passengers— (A) boarding to an eligible place under subchapter II of chapter 417 for which essential air service compensation is paid under that subchapter; or (B) on flights, including flight segments, between 2 or more points in Hawaii or 2 or more points in Alaska. . (b) Conforming amendment Section 601(d) of the Bipartisan Budget Act of 2013 is amended in the matter preceding paragraph (1) by inserting , as modified by the amendments made by section 2 of the Passenger Fee Restructuring Exemptions Act of 2014 subsection (b)

Passenger Fee Restructuring Exemptions Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Amends the East Bench Irrigation District Water Contract Extension Act to permit the Secretary of the Interior to extend the contract for water services between the United States and the East Bench Irrigation District until the earlier of: (1) that date that is 10 years (currently, 4 years) after the date on which the contract would have expired if such Act had not been enacted, or (2) the date on which a new long-term contract is executed by the parties to the contract.

To amend the East Bench Irrigation District Water Contract Extension Act to permit the Secretary of the Interior to extend the contract for certain water services. 1. East Bench Irrigation District contract extension Section 2(1) of the East Bench Irrigation District Water Contract Extension Act (Public Law 112–139; 126 Stat. 390) is amended by striking 4 years 10 years July 31, 2014 Reported without amendment

A bill to amend the East Bench Irrigation District Water Contract Extension Act to permit the Secretary of the Interior to extend the contract for certain water services.

National Forest Jobs and Management Act of 2014 - Authorizes the Secretary of Agriculture (USDA) to conduct projects that involve the management or sale of national forest material (covered projects) within certain National Forest System (NFS) lands (Forest Management Emphasis Areas). Makes timber sale contracts under the National Forest Management Act of 1976 the primary means for carrying out covered projects under this Act. Requires the Secretary to identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7.5 million acres in such areas during a specified 15-year period. Requires the Secretary to comply with the National Environmental Policy Act of 1969 (NEPA) by completing an environmental assessment of the direct environmental effects of each proposed covered project, limited to the proposed agency action and one alternative. Requires administrative review of covered projects to occur only in accordance with the special administrative review process established by the Healthy Forests Restoration Act of 2003. Establishes a pilot program in the USDA that: (1) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative process for a covered project, and (2) shall be the only means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period. Directs the Secretary, for FY2015 and each fiscal year until termination of this Act, to make to each county in which a covered project is carried out annual payments of 25% of the amounts received from that project. Requires the Secretary, after making such payments, to use amounts received from covered projects during such period to make deposits into the fund established under the Knutson-Vandenburg Act and the fund established under the National Forest Management Act of 1976 in contributions equal to the amounts collected under those Acts for projects conducted on NFS lands. Requires the Secretary to develop performance measures that evaluate the degree to which this Act's purposes and the minimum acreage requirements are being achieved.

To provide for the restoration of the economic and ecological health of National Forest System land and rural communities, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Forest Jobs and Management Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Projects in Forest Management Emphasis Areas. Sec. 5. Administrative review; arbitration. Sec. 6. Distribution of revenue. Sec. 7. Performance measures; reporting. Sec. 8. Termination. 2. Purposes The purposes of this Act are— (1) to create a predictable wood supply from National Forest System land that can be harvested, processed, and sold as wood products— (A) to preserve and create jobs; (B) to generate revenue to be shared with counties; and (C) to strengthen rural economies; (2) to reduce the uncertainty and costs to the Forest Service of planning and implementing timber management, forest restoration, and community wildfire protection projects on National Forest System land; and (3) to promote the use of timber harvest as a method to achieve forest management goals on a portion of non-reserved National Forest System land. 3. Definitions In this Act: (1) Covered project The term covered project (2) Forest management emphasis area (A) In general The term Forest Management Emphasis Area (B) Exclusions The term Forest Management Emphasis Area (i) that is a component of the National Wilderness Preservation System; or (ii) on which removal of vegetation is specifically prohibited by Federal law. (3) National forest material The term national forest material (4) National forest system (A) In general The term National Forest System 16 U.S.C. 1609(a) (B) Exclusion The term National Forest System (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian. (5) Secretary The term Secretary 4. Projects in Forest Management Emphasis Areas (a) Conduct of covered projects within forest management emphasis areas (1) In general The Secretary may conduct covered projects in Forest Management Emphasis Areas, subject to paragraphs (2) through (4). (2) Designating timber for cutting (A) In general Notwithstanding section 14(g) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(g) (B) Requirement The designation methods authorized under subparagraph (A) shall be used in a manner that ensures that the quantity of national forest material that is removed from the Forest Management Emphasis Area is verifiable and accountable. (3) Contracting methods (A) In general Timber sale contracts under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (B) Record If the Secretary does not use a timber sale contract under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (4) Acreage treatment requirements (A) Total acreage requirements The Secretary shall identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7,500,000 acres in the Forest Management Emphasis Areas during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under subparagraph (B). (B) Assignment of acreage treatment requirements to individual units of the National Forest System (i) In general Not later than 60 days after the date of enactment of this Act and subject to clause (ii), the Secretary, in the sole discretion of the Secretary, shall assign the acreage treatment requirements that shall apply to the Forest Management Emphasis Areas of each unit of the National Forest System. (ii) Limitation Notwithstanding clause (i), the acreage treatment requirements assigned to a specific unit of the National Forest System under that clause may not apply to more than 25 percent of the acreage to be treated in any unit of the National Forest System in a Forest Management Emphasis Area during the 15-year period described in subparagraph (A). (b) Environmental analysis and public review process for covered projects in forest management emphasis areas (1) Environmental assessment The Secretary shall comply with the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (2) Public notice and comment In preparing an environmental assessment for a covered project under paragraph (1), the Secretary shall provide— (A) public notice of the covered project; and (B) an opportunity for public comment on the covered project. (3) Length The environmental assessment prepared for a covered project under paragraph (1) shall not exceed 100 pages in length. (4) Inclusion of certain documents The Secretary may incorporate, by reference, into an environmental assessment any documents that the Secretary, in the sole discretion of the Secretary, determines are relevant to the assessment of the environmental effects of the covered project. (5) Deadline for completion Not later than 180 days after the date on which the Secretary has published notice of a covered project in accordance with paragraph (2), the Secretary shall complete the environmental assessment for the covered project. (c) Compliance with endangered species act To comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. 16 U.S.C. 1536 (d) Limitation on revision of national forest plans The Secretary may not, during a revision of a forest plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 16 U.S.C. 1536(b) 5. Administrative review; arbitration (a) Administrative review Administrative review of a covered project shall occur only in accordance with the special administrative review process established by section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 (b) Arbitration (1) In general There is established in the Department of Agriculture a pilot program that— (A) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection (a); and (B) shall be the sole means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under section 4(a)(4)(B). (2) Arbitration process procedures (A) In general Any person who sought administrative review for a covered project in accordance with subsection (a) and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with— (i) chapter 1 (ii) this paragraph. (B) Requirements for demand A demand for arbitration under subparagraph (A) shall— (i) be filed not more than 30 days after the date on which the special administrative review decision is issued under subsection (a); and (ii) include a proposal containing the modifications sought to the covered project. (C) Intervening parties (i) Deadline for submission; requirements Any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is 30 days after the date on which the demand for arbitration is filed under subparagraph (A). (ii) Multiple parties Multiple objectors or intervening parties that meet the requirements of clause (i) may submit a joint proposal under that clause. (D) Appointment of arbitrator The United States District Court in the district in which a covered project subject to a demand for arbitration filed under subparagraph (A) is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection. (E) Selection of proposals (i) In general An arbitrator appointed under subparagraph (D)— (I) may not modify any of the proposals submitted under this paragraph; and (II) shall select to be conducted— (aa) a proposal submitted by an objector under subparagraph (B)(ii) or an intervening party under subparagraph (C); or (bb) the covered project, as approved by the Secretary. (ii) Selection criteria An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section 4(b)(1) for the covered project. (iii) Effect The decision of an arbitrator with respect to a selection under clause (i)(II)— (I) shall not be considered a major Federal action; (II) shall be binding; and (III) shall not be subject to judicial review. (F) Deadline for completion Not later than 90 days after the date on which a demand for arbitration is filed under subparagraph (A), the arbitration process shall be completed. 6. Distribution of revenue (a) Payments to counties (1) In general Effective for fiscal year 2015 and each fiscal year thereafter until the termination date under section 8, the Secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to 25 percent of the amounts received for the applicable fiscal year by the Secretary from the covered project. (2) Limitation A payment made under paragraph (1) shall be in addition to any payments the county receives under the payment to States required by the sixth paragraph under the heading forest service 16 U.S.C. 500 16 U.S.C. 500 (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds After compliance with subsection (a), the Secretary shall use amounts received by the Secretary from covered projects during each of the fiscal years during the period described in subsection (a) to make deposits into the fund established under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act 16 U.S.C. 576b 16 U.S.C. 472a(h) (c) Deposit in General Fund of the Treasury After compliance with subsections (a) and (b), the Secretary shall deposit into the general fund of the Treasury any remaining amounts received by the Secretary for each of the fiscal years referred to in those subsections from covered projects. 7. Performance measures; reporting (a) Performance measures The Secretary shall develop performance measures that evaluate the degree to which the Secretary is achieving— (1) the purposes of this Act; and (2) the minimum acreage requirements established under section 4(a)(4). (b) Annual reports Annually, 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— (1) a report that describes the results of evaluations using the performance measures developed under subsection (a); and (2) a report that describes— (A) the number and substance of the covered projects that are subject to administrative review and arbitration under section 5; and (B) the outcomes of the administrative review and arbitration under that section. 8. Termination The authority of this Act terminates on the date that is 15 years after the date of enactment of this Act.

National Forest Jobs and Management Act of 2014

Inventoried Roadless Area Management Act - Releases from further study for wilderness designation each of the inventoried roadless areas within the National Forest System (NFS) in Wyoming identified on the maps contained in the Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2 (November 2000). Declares that such NFS land: (1) is no longer subject to the land use restrictions of the Roadless Area Conservation Rule (or successor regulations), and (2) shall not be managed to preserve roadless or wilderness characteristics.

To provide for the management of certain inventoried roadless areas, and for other purposes. 1. Short title This Act may be cited as the Inventoried Roadless Area Management Act 2. Management of inventoried roadless areas (a) Finding Congress finds that, for purposes of the second roadless area review and evaluation program (RARE II) and the land and resource management plan revision process under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (b) Release The National Forest System land described in subsection (c)— (1) is no longer subject to the land use restrictions of the Roadless Area Conservation Rule established under part 294 of title 36, Code of Federal Regulations (or successor regulations); and (2) shall not be managed to preserve roadless or wilderness characteristics. (c) Description of land The National Forest System land referred to in subsections (a) and (b) is each of the inventoried roadless areas within the National Forest System in the State of Wyoming, as set forth in the maps contained in the Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000.

Inventoried Roadless Area Management Act

Scholarships for Kids Act - Amends part A of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA) to give states the option of using their part A allocation to carry out a Scholarships for Kids program. Requires participating states to use their part A allocation to provide a grant to the parents of eligible children for use, as allowed by state law, in: supplementing the budget of any public school their eligible child is able to attend without fees; paying for all or a portion of the fees required for their child to attend another public school in the state; paying for all or a portion of the tuition and fees required for their child to attend an accredited or otherwise state-approved private school; or paying for all or a portion of the fees required for their child to participate in a state-approved supplemental educational services program. Defines an "eligible child" as a child residing in the participating state who: (1) is under age 21, (2) is entitled to a free public education through grade 12, and (3) is from a family with an income below the poverty level. Allows participating states to: (1) treat a child as eligible if the child was an "eligible child" during the previous fiscal year and is from a family whose income is not greater than 200% of the poverty level; and (2) use up to 2% of their part A allocation to provide eligible children with transportation to their public school, private school, or supplemental educational services program. Requires participating states and their local educational agencies to continue to: (1) work toward state academic content and achievement standards; (2) conduct annual assessments of student progress toward those standards; and (3) issue annual report cards of student progress, disaggregated by specified student subgroups, toward those standards. Directs the Secretary of Education to conduct a national assessment of the activities carried out under this Act. Reauthorizes appropriations under part A of title I through FY2020. Repeals: the funding reserved for schools identified as needing improvement, corrective action, or restructuring under part A of title I; the programs under parts B (Student Reading Skills Improvement Grants), C (Education of Migratory Children), D (Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk), E (National Assessment of Subchapter I), F (Comprehensive School Reform), G (Advanced Placement Programs), and H (School Dropout Prevention) of title I; titles II (Preparing, Training, and Recruiting High Quality Teachers and Principals), III (Language Instruction for Limited English Proficient and Immigrant Students), IV (21st Century Schools), V (Promoting Informed Parental Choice and Innovative Programs), VI (Flexibility and Accountability), and VII (Indian, Native Hawaiian, and Alaska Native Education) of the ESEA; a program providing supplemental education grants to Micronesia and the Marshall Islands under the Compact of Free Association Amendments Act of 2003; the Carl D. Perkins Career and Technical Education Act of 2006; a program providing grants to states for the education of homeless children and youths under the McKinney-Vento Homeless Assistance Act; the Educational Technical Assistance Act of 2002; part A (Teacher Quality Partnership Grants) of title II of the Higher Education Act of 1965 (HEA); the Talent Search and Upward Bound programs under title IV (Student Assistance) of the HEA; a program providing grants to youth organizations, under the Agricultural Research Extension, and Education Reform Act of 1998, to establish pilot projects to expand the programs they carry out in rural areas and small towns; a grant program, under the National Agricultural Research, Extension, and Teaching Policy Act of 1977, to promote and strengthen agriscience and agribusiness education in secondary and postsecondary schools; a grant program, under the Patient Protection and Affordable Care Act, for the establishment of school-based health centers; a program providing grants, under the National Science Foundation Authorization Act of 2002, to institutions of higher education and nonprofit organizations to improve elementary and secondary mathematics and science instruction; a grant program, under the Public Health Service Act, for the operation of school-based health centers; and programs, under the American Recovery and Reinvestment Act of 2009, that provide grants to states and educational entities that make significant progress in meeting specified elementary and secondary education goals.

To allow States to let Federal funds for the education of disadvantaged children follow low-income children to the accredited or otherwise State-approved public school, private school, or supplemental educational services program they attend. 1. Short title This Act may be cited as the Scholarships for Kids Act 2. Purpose The purpose of this Act is to improve the academic achievement of the disadvantaged by encouraging State efforts to expand the educational choices available to low-income students. 3. Scholarships for kids program Subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) is amended by adding at the end the following: 1128. Scholarships for kids program (a) Definitions In this section: (1) Eligible child (A) In general The term eligible child (i) is not older than 21; (ii) is entitled to a free public education through grade 12; and (iii) (I) is from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce; or (II) is a child described in subparagraph (B). (B) Exception for continuing eligibility A participating State may elect to serve a child as an eligible child under an approved program under this section if— (i) such child was an eligible child described in subparagraph (A) during the previous fiscal year; (ii) such child is from a family with an income that is not greater than 200 percent of the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce for the preceding year; and (iii) the State educational agency has determined that the child qualifies for continuing eligibility, as defined by the participating State in its declaration of intent under subsection (d). (C) Criteria of poverty In determining if a family has an income below the poverty level for purposes of this section, a State shall use the poverty threshold, for the most recently completed calendar year, most recently published by the Bureau of the Census. (2) Participating State The term participating State (3) State The term State (4) Supplemental educational services program The term supplemental educational services program (b) Scholarships for kids program authorized (1) In general Notwithstanding any other provision of law and to the extent permitted under State law, a participating State may use the funds made available under this subpart to carry out a Scholarships for Kids program in accordance with subsection (c). (2) Inapplicability of other requirements Notwithstanding any other provision of this part or any other law, a participating State carrying out a Scholarships for Kids program that meets the requirements of this section, and the local educational agencies in such State, shall not be required to meet any other requirements under this Act or any other law, except as provided in paragraph (3), in order to receive the State's funds under this subpart. (3) Academic standards, academic assessments, and reporting on performance disaggregated by student subgroup A participating State carrying out a Scholarships for Kids program that meets the requirements of this section, and the local educational agencies within such State, shall comply with paragraphs (1), (3), (6), and (7) of subsection (b), and subsection (h), of section 1111, and with the requirements of subpart 2 of part E of title IX (except for section 9521). (c) Use of funds (1) Student grants (A) In general Each participating State shall use the funds made available under section 1122 and not reserved under paragraph (2) or (3) to carry out a Scholarships for Kids program, under which the State shall— (i) establish a per-pupil amount for the grants under this section, based on the number of eligible children in the State, as described in subparagraph (B); and (ii) make a grant available on behalf of each eligible child, in the amount determined under such subparagraph, that the parents of the eligible child may use for any of the following purposes, as allowed by State law: (I) To supplement the budget of any public school the eligible child is able to attend without fees. (II) To pay for all, or a portion, of any fees required to attend another public school in the participating State. (III) To pay for all, or a portion, of the tuition and fees required to attend an accredited or otherwise State-approved private school. (IV) To pay for all, or a portion, of the fees required to participate in a State-approved supplemental educational services program. (B) Calculation of grant amounts Each participating State shall calculate the amount of the grant to be awarded to each eligible child for each fiscal year by dividing the allocation to the participating State under this subpart remaining after the participating State reserves any funds under paragraph (2) or (3), by the total number of eligible children, as determined by the participating State. (2) Administrative expenses A participating State may reserve not more than 3 percent of its allocation under section 1122 for administrative costs associated with carrying out the participating State’s duties and functions under this section, including— (A) certifying the eligibility of children living in the participating State; (B) disseminating information to parents of eligible children about public schools, private schools, and programs of supplemental educational services that are available to eligible children in the participating State; (C) paying the costs of administering any tests required to be administered to eligible children participating in the program; and (D) providing subgrants to local educational agencies in the participating State for any of these purposes. (3) Transportation for eligible children A participating State may reserve not more than 2 percent of its allocation under section 1122 to provide transportation for eligible children to the public school, private school, or supplemental educational services program the eligible children attend in accordance with paragraph (1)(A)(ii). (d) State declaration of intent (1) In general In order to carry out a Scholarships for Kids program under this section, a State educational agency shall submit a declaration of intent to exercise the State option for a Scholarships for Kids program to the Secretary that satisfies the requirements of this subsection. (2) Contents Each declaration of intent submitted under paragraph (1) shall provide the following: (A) A description of the program to be administered under this section, including the per-student amount calculated under subsection (c)(1)(B) that will follow each eligible child to the school or supplemental educational services program the eligible child attends. (B) An assurance that funds made available under this section will be spent in accordance with the requirements of this section. (C) (i) An assurance that the State will provide a parent of each eligible child within the State who receives or is offered a grant under this section with the option to use grant funds for 1 (or more than 1 if the parent so chooses) of any of the following, as allowed by State law: (I) To supplement the budget of any public school the eligible child is able to attend without fees. (II) To pay for all, or a portion, of any fees required to attend another public school in the participating State. (III) To pay for all, or a portion, of the tuition and fees to attend an accredited or otherwise State-approved private school. (IV) To pay for all, or a portion, of the fees required to participate in a supplemental educational services program. (ii) A description of the procedures the State will implement to carry out the requirements of clause (i), including any accreditation or other method by which the State will approve private schools and providers of supplemental educational services programs to accept grant funds under this section. (D) An assurance that the State will publish, in a widely read or distributed medium, an annual report that contains— (i) the number of students, schools, and providers of programs of supplemental educational services that participated in the program assisted under this section; (ii) information regarding the academic progress of students receiving a grant under this section in meeting challenging State student academic achievement standards under section 1111(b)(1), if the State requires that students receiving a grant participate in the academic assessments administered under section 1111(b)(3); and (iii) such other information as the State may require. (E) A description of how the State will define continuing eligibility with respect to children who have participated in the State's Scholarships for Kids program for the preceding year, in accordance with subsection (a)(1)(B). (F) An assurance that the State will assist each local educational agency, public school, and participating private school affected by the State declaration of intent to meet the requirements of this section. (G) An assurance that the State will use Federal funds awarded as grants to eligible children under this section to supplement any funds from non-Federal sources that would, in the absence of such Federal funds, be made available to such students or to the schools or programs of supplemental educational services the students attend, and not to supplant such funds. (H) An assurance that the State will comply with the requirements of paragraphs (1), (3), (6), and (7) of subsection (b), and subsection (h), of section 1111. (I) An assurance that the State will participate in biennial State academic assessments in grades 4 and 8 in reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments. (3) Review and approval by the secretary (A) In general The Secretary shall— (i) establish a process to review the declarations of intent received from States under this subsection; and (ii) by not later than 30 days after the submission of a State declaration of intent, approve the State declaration or, if the Secretary clearly demonstrates that the State declaration of intent does not meet the requirements of this subsection, carry out the requirements of paragraph (4). (B) Standard and nature of review The Secretary shall conduct a good faith review of State declarations of intent in their totality and in deference to State and local judgments, with the goal of promoting parental choice. (4) State declaration of intent determination, demonstration, and revision If the Secretary determines that a State declaration of intent does not meet the requirements of this subsection, the Secretary shall, prior to disapproving the declaration of intent— (A) immediately notify the State of the determination; (B) provide to the State a detailed description of the specific requirements of this subsection that the Secretary determined were not met in the declaration of intent; (C) offer the State an opportunity to revise and resubmit its declaration of intent within 30 days of the determination; (D) provide technical assistance, upon request of the State, in order to assist the State in meeting the requirements of this subsection; and (E) provide an opportunity for a public hearing not later than 30 days after receiving from the State a revised declaration of intent, with public notice provided not less than 15 days before the hearing. (5) State declaration of intent disapproval The Secretary shall have the authority to disapprove a State declaration of intent if— (A) the State has been notified and offered an opportunity to revise and resubmit the declaration of intent with technical assistance, in accordance with paragraph (4); and (B) (i) the State does not submit a revised declaration of intent; or (ii) the State submits a revised declaration of intent that the Secretary determines, after an opportunity for a hearing conducted in accordance with paragraph (4)(E), does not meet the requirements of this subsection. (6) Recognition by operation of law If the Secretary fails to take action on a declaration of intent submitted by a State within the time specified in paragraph (3)(A)(ii), the declaration of intent, as submitted, shall be deemed to be approved. (7) Limitations The Secretary shall not have the authority to require a State, as a condition of approval of the State declaration of intent under this subsection, to— (A) submit any standards for academic content or student academic achievement for review or approval; (B) enter into a voluntary partnership with another State to develop and implement academic assessments, State academic content standards, and accountability systems; (C) include in, or delete from, such a declaration of intent any criterion that specifies, describes, or prescribes any standard or measure that the State uses to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems; or (D) require the collection, publication, or transmission to the Department of individual student data that is not expressly required to be collected under this Act. (e) Accountability for academic progress A participating State may require each eligible child receiving a grant under this section to take academic assessments implemented by the State educational agency under section 1111(b)(3) or an alternative assessment approved by the State educational agency of the participating State, if the participating State pays any costs associated with administering the assessment. (f) Nondiscrimination and other requirements for schools and providers of supplemental educational services programs (1) Nondiscrimination (A) In general Except as provided in subparagraph (B), a school or provider of a supplemental educational services program that participates in a program under this section by accepting grant funds under this section on behalf of an eligible child under this section shall agree to not discriminate against program participants or applicants on the basis of race, color, national origin, religion, or sex. (B) Exceptions (i) In general Notwithstanding any other provision of law, the prohibition of sex discrimination in subparagraph (A) shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of subparagraph (A) is inconsistent with the religious tenets or beliefs of the school. (ii) Single-sex school, class, or activity Notwithstanding subparagraph (A) or any other provision of law, a parent may choose, and a school may offer, a single-sex school, class, or activity. (C) Applicability Section 909 of the Education Amendments of 1972 ( 20 U.S.C. 1688 (2) Children with disabilities Nothing in this section shall be construed to alter or modify the Individuals with Disabilities Education Act. (3) Rules of conduct and other school policies A participating school or provider of supplemental educational services may require eligible children attending the school or receiving the services, respectively, to abide by any rules of conduct or other requirements applicable to all other students served by the school or the provider of supplemental educational services. (4) Religiously affiliated schools and providers of supplemental educational services (A) In general Notwithstanding any other provision of law, a school or provider of supplemental educational services participating in a program under this section that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1 et seq.), including the exemptions in such title. (B) Maintenance of purpose Notwithstanding any other provision of law, funds made available under this section to eligible students that are received by a participating school or supplemental educational services provider, as a result of their parents' choice, shall not, consistent with the first amendment of the Constitution of the United States— (i) necessitate any change in the participating school's teaching mission; (ii) require any participating school to remove religious art, icons, scriptures, or other symbols; or (iii) preclude any participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (g) National program assessment (1) In general The Secretary, acting through the Director of the Institute of Education Sciences, shall carry out a national assessment of activities carried out with Federal funds under this section in order— (A) to determine the effectiveness of this section in achieving the purposes of this section; and (B) to provide timely information to the President, Congress, the States, local educational agencies, and the public on how to implement this section more effectively, including recommendations for legislative and administrative action that can achieve the purposes of this section more effectively. (2) Scope of assessment The national assessment shall assess activities supported under this section, including— (A) the implementation of programs assisted under this section by participating States and the impact of such programs on improving the academic achievement of low-income children to meet the challenging academic content and student academic achievement standards adopted by the participating States under section 1111(b)(1), based on the State academic assessments adopted under section 1111(b)(3), to the extent applicable; (B) the types of programs and services in participating States that have demonstrated the greatest effectiveness in helping low-income students reach the challenging academic content and student academic achievement standards developed by the participating States; and (C) the effectiveness of States, local educational agencies, schools, and other recipients of assistance under this section in achieving the purposes of this section, by— (i) improving the academic achievement of low-income children and their performance on State assessments, where applicable, as compared with other children; and (ii) improving the participation of parents of low-income children in the education of their children. (3) Sources of information and data collection (A) In general In conducting the assessment under this subsection, the Secretary shall— (i) analyze existing data from States required for reports under this Act and the Individuals with Disabilities Education Act, and summarize major findings from such reports; and (ii) analyze data from the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act. (B) Special rule The information and data used to prepare the assessment, as described in subparagraph (A), shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (4) Reports (A) Interim report Not later than 3 years after the date of enactment of the Scholarships for Kids Act (B) Final report Not later than 5 years after the date of enactment of the Scholarships for Kids Act (h) Prohibition against federal mandates, direction, or control Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, or exercise any direction or supervision over the instructional content or materials, curriculum, program of instruction, academic content and student academic achievement standards, or academic assessments of a State, local educational agency, elementary school or secondary school, or provider of supplemental educational services. . 4. Authorization of appropriations Section 1002 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6302 1002. Authorization of appropriations For the purpose of carrying out part A, there are authorized to be appropriated $23,955,840,000 for fiscal year 2015 and each of the 5 succeeding fiscal years. . 5. Program consolidation (a) Consolidation of certain Federal education programs The following provisions are repealed: (1) Section 1003 and parts B, C, D, E, F, G, and H of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (2) Titles II, III, IV, V, VI, and VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq., 6801 et seq., 7101 et seq., 7301 et seq., 7401 et seq.). (3) Clauses (iii) and (iv) of section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(iii) (4) The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (5) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. (6) The Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9601 et seq. (7) Part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1022 et seq. (8) Sections 402B and 402C of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–12 (9) Section 410 of the Agricultural Research Extension, and Education Reform Act of 1998 (7 U.S.C. 7630). (10) Section 1417(j) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3152(j) (11) Section 4101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 280h–4 (12) Section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n). (13) Section 399Z–1 of the Public Health Service Act (42 U.S.C. 280h–5). (14) Sections 14005, 14006, and 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 282). (b) Effective date Subsection (a) shall take effect on October 1, 2015. (c) Additional conforming amendments (1) In general After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, each applicable Secretary shall prepare recommended legislation containing technical and conforming amendments to reflect the changes made by this Act. (2) Submission to Congress Not later than 6 months after the date of enactment of this Act, each applicable Secretary shall submit the recommended legislation referred to under paragraph (1) to the appropriate committees of Congress. (3) Definition of applicable Secretary For purposes of this section, the term applicable Secretary

Scholarships for Kids Act

College Affordability and Innovation Act of 2014 - Directs the Secretary of Education to award 5-year grants to up to 15 institutions of higher education (IHEs) to carry out new or existing high-quality programs designed to graduate students with certificates or degrees at significantly lower student costs and within shorter time periods than traditional programs. Includes among those programs, those that: use online instruction; use direct assessments rather than credit hours or clock hours as the measure of student learning; integrate experiential learning and customized curricula to promote completion or alignment with medium- and long-term employment needs; allow students to be dually or concurrently enrolled in the postsecondary program and a secondary school, or a postsecondary program and a graduate program; or use any other innovative, evidence-based method of providing students with a cost-effective, high-quality, postsecondary education. Authorizes the Secretary to waive the application to grantees of specified provisions of the Higher Education Act of 1965 (HEA) that would inhibit their operation of innovative education programs. Directs the Secretary to: establish and annually administer an evaluation and accountability process for the programs; review policies and identify those that impede the development and use of innovative methods of expanding access to, and success in, education; establish measures to assess the quality of the programs, including a minimum standard of quality that they must meet; and direct an independent third-party evaluator to conduct a final evaluation of the effectiveness of each program in providing students with a quality education at lower costs and within shorter time periods than traditional programs. Requires the establishment of a Commission on Higher Education Accountability Standards, composed of higher education stakeholders, to make recommendations to the Secretary on a set of minimum accountability standards IHEs' undergraduate programs must meet with respect to affordability, accessibility, and value in order to participate in the programs under title IV (Student Assistance) of the HEA. Directs the Secretary, after considering those recommendations, to establish IHE affordablity, accessibility, and value accountability standards that, at a minimum, take into account each IHE's: (1) average or mean cost of attendance, minus grant aid; (2) percentage of enrolled students who are recipients of a Federal Pell Grant; and (3) student loan repayment rates. Requires the Secretary to conduct an annual assessment of schools' compliance with those standards. Deems noncompliant schools to be on probation and requires them to work with the Secretary on a plan to achieve compliance within five years. Requires schools that do not make continuous improvement toward the accountability standards 2 years, 3 years, and 4 years after being placed on probation to pay the Secretary an amount equal to 10%, 20%, and 30%, respectively, of the title IV funds they make available to undergraduate students. Makes schools that fail to achieve compliance within five years of being placed on probation ineligible for title IV funds. Directs the Secretary to place the amounts collected from noncompliant schools in a special fund that is to be used to award competitive grants to IHEs that meet or exceed the accountability standards. Requires grantees to use the funds to provide need-based aid to students who are eligible for Federal Pell Grants.

To provide for higher education reform. 1. Short title This Act may be cited as the College Affordability and Innovation Act of 2014 2. Definitions In this Act: (1) Authorizing committees The term authorizing committees (2) Secretary The term Secretary 3. Pilot program to promote innovation in higher education (a) Purpose; definition (1) Purpose The purpose of this section is to authorize an evidence-based grant program to promote greater experimentation among institutions of higher education to increase the level of student attainment of postsecondary and graduate certificates and degrees through innovative programs designed to decrease the cost and time required to complete postsecondary and graduate programs while improving the quality and effectiveness of postsecondary education programs, providing accelerated degree or certificate programs, and increasing on-time graduation rates. (2) Institution of higher education In this section, the term institution of higher education 20 U.S.C. 1002 (b) Incentive grants for innovative programs that improve quality and affordability (1) In general (A) Grants The Secretary shall, for a 5-year award term, award grants to not more than 15 institutions of higher education, through a competitive process described in this section, to enable the institutions to carry out programs designed to graduate students with certificates or degrees at significantly lower costs for students and within shorter time periods than traditional programs while improving the quality and effectiveness of the programs. (B) Good standing requirement Only those institutions of higher education that are in good standing with the administration of their student assistance programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (2) Distribution of grant funds Grant payments shall be awarded with an initial distribution of 20 percent of the total grant amount, followed by a distribution of 10 percent of the total grant amount prior to the second, third, and fourth years of the program, and the remaining 50 percent of the total grant amount after the program receives its final satisfactory annual evaluation by the Secretary in accordance with subsection (f)(1). (3) Description of innovative programs The programs described under paragraph (1) shall include those that— (A) utilize online instruction, including distance education (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 (B) utilize direct assessment programs, as described in section 481(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b)(4) (C) utilize integration of experiential learning and design of customized programs of study, to promote completion or alignment with medium- and long-term employment needs; (D) allow students to be dually or concurrently enrolled in the postsecondary program and a secondary school, or a postsecondary program and a graduate program; or (E) utilize any other innovative, evidence-based method of postsecondary education that provides cost-effective, high-quality methods for instruction, student learning, and use of available technology-based resources, including hybrid models incorporating elements of the program types set forth in subparagraphs (A), (B), (C), and (D), and adaptive learning technologies. (c) Applications (1) In general An institution of higher education that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include— (A) a description of the institution’s quality assurances for the programs to be offered; (B) a description of the statutory and regulatory requirements for which a waiver is sought under subsection (e) and the reasons for which the waiver is sought; (C) a description of the programs to be offered; (D) a description of the students eligible for the programs offered, including any eligibility limitations; (E) an assurance that the institution will fully cooperate with the ongoing evaluations of the programs provided for in this section; (F) a description of how the proposed program will improve the quality of its postsecondary certificates or degrees, reduce tuition and other costs to students, and reduce enrollment time; (G) a description of the data (or any other evidence) that indicate that the programs to be offered will likely lead to the outcomes described in subparagraph (F); (H) a complete listing of the institution’s performance goals and measures regarding assessments of the quality of its postsecondary certificates or degrees, amount of tuition and costs charged to students, and the amount of enrollment time needed by students to complete the postsecondary certificates or degrees; and (I) any other information as the Secretary may require. (d) Awarding of grants (1) In general The Secretary shall award grants under this section to institutions of higher education for new or existing programs. (2) Priority In awarding grants under this section, the Secretary shall give priority to an institution of higher education that the Secretary determines— (A) is financially responsible, as described in section 498(c)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1099c(c)(1) (B) has a proven record of graduating students from the other programs of the institution; (C) has a proven record of graduates from the other programs of the institution securing full-time employment; (D) simultaneously addresses income-related inequalities in remedial education, college access, persistence rates, and graduation rates; (E) has support services in place, such as counseling, coaching, mentoring, and outreach, that are designed to assist all students in obtaining information and making decisions regarding financial aid, and degree or certificate likelihood of persistence and completion; (F) will serve low-income students, adult students aged 25 years and older, and part-time students; (G) will support programs that are replicable at a range of institutions of higher education if they are demonstrated to be successful; and (H) has presented the strongest evidence in support of their likely outcomes, as required under subsection (c)(2)(G). (3) Diverse populations In awarding grants under this section, the Secretary shall ensure the participation of diverse student populations, including rural and urban populations, and of a diverse range of institutions. (4) Publication of grantees The Secretary shall make available to the public and to the authorizing committees a list of the institutions of higher education awarded a grant under this section, including a listing of the specific statutory and regulatory requirements being waived for each institution and a description of the programs and courses to be offered. (e) Waivers (1) In general Except as provided under paragraph (2), with respect to institutions of higher education awarded grants under this section, the Secretary may waive— (A) subsection (a) or (b) of section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088(a) (B) subparagraph (A) or (B) of section 102(a)(3) of such Act ( 20 U.S.C. 1002(a)(3)(A) (C) one or more of the regulations promulgated to carry out part F or G of title IV of such Act ( 20 U.S.C. 1087kk et seq. (D) any other requirement under title IV of such Act ( 20 U.S.C. 1070 et seq. 20 U.S.C. 1098a (2) Prohibition of waiver The Secretary shall not waive, pursuant to paragraph (1), any provision under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (f) Evaluation and reports (1) Evaluation and accountability process The Secretary shall establish an evaluation and accountability process for the programs authorized under this section and shall administer such process on an annual basis. Such evaluations shall include— (A) the extent to which the institution of higher education has met the goals set forth in its application to the Secretary, including the quality of education provided by participating programs; (B) the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees; (C) issues related to student financial assistance; (D) the extent to which any statutory or regulatory requirements present difficulties for students or institutions in the participating programs; and (E) an analysis of the program’s progress with each of its objectives, including the number and rate of completion of participating students toward recognized certificates or degrees, prices charged to students, time required to complete the participating programs, on-time completion rates of participating students, and indicators of program quality. (2) Review The Secretary shall review policies and identify those policies that present impediments to the development and use of innovative programs and other nontraditional methods of expanding success and access to education. (3) Measures The Secretary shall establish measures to assess the quality of the education provided by participating programs under this section, including a minimum standard of quality that participating programs shall meet. (4) Reports The Secretary shall provide reports to the authorizing committees on an annual basis regarding— (A) the programs authorized under this section; and (B) the number and types of students receiving assistance under this section for instruction leading to a recognized degree or certificate, including the progress of such students toward recognized certificates and the degree to which participation in such programs leading to such certificates increased. (5) Duties of the secretary In conducting the program authorized under this section, the Secretary shall, on a continuing basis— (A) ensure compliance of institutions of higher education with the requirements of this section (other than the sections and regulations that are waived under subsection (e)); (B) provide technical assistance; (C) monitor fluctuations in the student population enrolled in the participating program; and (D) assess whether each participating program is improving the quality of postsecondary credentials and meeting the quality control measures set by the Secretary. (g) Consumer protection for students (1) Program termination If a program funded under this section terminates on its accord at any point during which the program is receiving funds under this section, or if the Secretary determines that the program does not meet the minimum standard of quality as required under subsection (f)(3)— (A) the institution of higher education administering the program shall provide immediate notice to students enrolled in the program and shall prepare a teach-out plan, as described in section 487(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f) (B) the Secretary shall— (i) ensure that— (I) no additional program funds are distributed to the program; and (II) the institution of higher education administering the program is in compliance with the notice and teach-out requirements under subparagraph (A); and (ii) assess a fine to an institution of higher education administering the program that is not in compliance with the notice and teach-out requirements under subparagraph (A). (2) Notice and disclosure for students An institution of higher education administering a participating program under this section shall provide notice to all students before they enroll in the participating program that such program is receiving grant funds under this section and may be terminated, as described in paragraph (1). (h) Final evaluation by third-Party reviewer (1) In general The Secretary shall direct an independent third-party evaluator to review all participating programs and conduct a final evaluation in order to determine the evidence of the effectiveness of each program in achieving its objectives with regard to the quality of the education provided, reducing the cost of the degree or certificate program, and shortening the amount of time needed to complete the degree or certificate program. (2) Evaluation methodology The independent third-party evaluator shall establish evaluation methodology in carrying out the final evaluation under paragraph (1). (3) Submission to authorizing committees The independent third-party evaluator shall publicize the final evaluation and submit such evaluation to the authorizing committees. (4) Funding Not more than 1 percent of the total amount appropriated to carry out this section may be used to carry out this subsection. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $260,000,000 for fiscal year 2015; and (2) such sums as may be necessary for each succeeding fiscal year. 4. Higher education accountability (a) Purpose; definition (1) In general The purpose of this section is to establish minimum institutional accountability standards that will be required of all institutions of higher education that receive funds or whose students receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (2) Institution of higher education In this section: (A) In general The term institution of higher education 20 U.S.C. 1002 (B) Exception The term institution of higher education (C) Institutions To the extent an institution offers undergraduate programs of study and graduate or professional degree programs of study, for purposes of this section, the term institution of higher education (b) Commission on higher education accountability standards (1) In general Not later than 90 days after the date of enactment of this Act, there shall be established a Commission on Higher Education Accountability Standards (referred to in this section as the Commission (2) Composition of the Commission (A) In general Members of the Commission shall be appointed as follows: (i) 5 members shall be appointed by the Majority Leader of the Senate, with the concurrence of the Minority Leader of the Senate on 2 of such members. (ii) 5 members shall be appointed by the Majority Leader of the House of Representatives, with the concurrence of the Minority Leader of the House of Representatives on 2 of such members. (iii) 5 members shall be appointed by the Secretary, including at least 1 member from the National Center for Education Statistics and 1 member from the Federal Student Aid Office of the Department of Education. (iv) In the event that any member of the Commission has not been appointed during the 90-day period after the date of enactment of this Act, the Secretary shall appoint the remaining member in order to establish the Commission. (B) General qualifications Members of the Commission shall be appointed on the basis of the individuals’— (i) experience, integrity, impartiality, and good judgment; and (ii) except with respect to the undergraduate students, technical qualifications and professional standing. (C) Members of the commission Members appointed under subparagraph (A) shall be comprised of the following relevant stakeholders: (i) 2 undergraduate student leaders from different types of institutions of higher education. (ii) 2 members of national or regional student advocacy organizations with a track record of engagement and expertise on issues related to college costs and student debt. (iii) 1 consumer advocate or consumer protection expert with demonstrated knowledge of consumer protection issues related to undergraduate students. (iv) 2 representatives of faculty groups or associations with expertise related to higher education finance or governance. (v) 1 State government official with demonstrated knowledge of State budgeting and higher education funding. (vi) 3 administrative officers from various types of institutions of higher education, including at least 1 from a minority-serving institution. (vii) 1 higher education researcher. (viii) 1 State postsecondary education data system director. (ix) 1 member from the National Center for Education Statistics. (x) 1 member from the Federal Student Aid Office of the Department of Education. (3) Recommendations (A) In general The Commission shall make recommendations on a set of minimum accountability standards that institutions of higher education must meet with respect to affordability, accessibility, and value in order to receive funds or that the students of such institutions may receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) Required measures The Commission shall include, at a minimum, the following measures as part of the minimum accountability standards it shall recommend: (i) Affordability The average or mean cost of tuition and other costs required for attendance after all institutional, Federal, and State grant aid is taken into account. (ii) Accessibility The percentage of the total number of enrolled students who are recipients of a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. (iii) Value Student loan repayment rates. (C) Other measures The Commission shall make recommendations on additional measures to comprise the minimum accountability standards, including the following: (i) Affordability The Commission shall make recommendations on additional higher education affordability measures, including the appropriateness of the following: (I) The cost of tuition relative to the cost to the institution of educating a student and the institution’s administrative costs. (II) The percentage of institutional aid that is awarded on the basis of need, as opposed to merit. (III) Annual increases in tuition after taking into account all public subsidies. (ii) Accessibility The Commission shall make recommendations on higher education accessibility measures, including the appropriateness of the following: (I) Enrollment of low- and middle-income, underrepresented minorities, and adult students aged 25 and older. (II) Whether institutional policies on credit transfers meet industry standards by type of receiving institution. (iii) Value The Commission shall make recommendations on measures of higher education value, including the appropriateness of the following: (I) Student progress toward completion of a postsecondary degree or certificate. (II) Student completion of a postsecondary degree or certificate, including for transfer and part-time students, or where applicable, transfer rates to 4-year degree programs. (III) Student retention rates. (IV) Full-time employment and graduate degree enrollment rates after graduation. (4) Considerations The Commission shall take into account the differences in missions of institutions of higher education and ensure that institutions are held to standards that are appropriate for their mission. (5) Hearings and report (A) Hearings Not later than 6 months after the date of the appointment of the final member of the Commission, the Commission shall hold public field hearings in all regions of the United States. The Commission shall hold not fewer than 8 hearings. (B) Report Not later than 1 year after the date of the appointment of the final member of the Commission, the Commission shall prepare a report on the recommendations under paragraph (3) and submit the report to the Secretary and the authorizing committees. The report shall include the following: (i) Recommendations for minimum accountability standards and the measures for assessing compliance with those standards for every institution of higher education that receives funds or whose students receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. 20 U.S.C. 1001 et seq. (ii) Recommendations for applying the standards to institutions of higher education with different academic missions. (iii) Recommendations for periodic reevaluation of the standards and their efficacy by the Secretary. (iv) Recommendations for sharing institutions’ performance with respect to the standards with prospective students and conducting complementary consumer education for students. (v) Recommendations for the criteria the Secretary should use to reward institutions of higher education that meet and exceed the minimum accountability standards. (vi) Recommendations to Congress on reforms to statutory or regulatory limitations on the collection and availability of data that would improve the Secretary’s ability to assess institutions’ compliance with minimum standards of affordability, accessibility, and value. (6) Securing information The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. (7) Final standards (A) In general Not later than 1 year after receiving the report under paragraph (5), the Secretary shall publish a final rule on institutional accountability standards. The standards shall be determined by the Secretary after giving due consideration to the recommended standards provided by the Commission. The Secretary shall set forth in writing the reasons for any deviation from the Commission’s recommendations for any standard or measure and shall submit the written statement to the authorizing committees. (B) Required measures to be included In carrying out subparagraph (A), the Secretary shall include the measures described in subsection (b)(3)(B) that the Commission is required to include as part of its minimum accountability standards. (8) Assessment The Secretary shall annually assess compliance with the institutional accountability standards. On September 30 of the year following the publication of the final rule as required under paragraph (7) and every year thereafter, the Secretary shall publish a list of each institution of higher education that participates in title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (9) Implementation The Secretary shall establish procedures to implement this subsection, including procedures for effectively applying this subsection. (10) Termination The Commission shall terminate 60 days after the date on which the Commission submits the report under paragraph (5). (c) Incentivize improvement for below-Standard institutions (1) In general An institution of higher education that participates in title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (A) shall be deemed to be in probationary status; and (B) shall work with the Secretary to develop a plan for how the institution will achieve compliance not later than 5 years after the date of the determination of noncompliance. (2) Continuous improvement For each year following a determination that an institution of higher education does not meet the institutional accountability standards adopted under subsection (b), the institution shall demonstrate to the Secretary continuous improvement in following its plan to achieve compliance. (3) Failure to make continuous improvement (A) In general (i) 2 years out If an institution of higher education does not show continuous improvement 2 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 10 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) 3 years out If an institution of higher education does not show continuous improvement 3 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 20 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (iii) 4 years out If an institution of higher education does not show continuous improvement 4 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 30 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) Waiver and payment plan (i) Waiver The Secretary may waive a requirement of an institution of higher education paying the amount owed pursuant to subparagraph (A) if the Secretary determines such a waiver is necessary to avoid extreme hardship for the students enrolled at such institution. (ii) Payment plan The Secretary may allow an institution of higher education that owes an amount under subparagraph (A) to enter into a payment plan to pay such amount. (C) Fund There shall be established a special fund in which amounts refunded by an institution of higher education under this paragraph shall be placed to be used pursuant to subsection (d). (4) Noncompliance five years out If an institution of higher education fails to achieve compliance by not later than the date that is 5 years after the date of the determination that the institution does not meet the institutional accountability standards, the institution— (A) shall not be eligible to receive funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) shall be required to submit a teach-out plan, as described in section 487(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f) (C) shall be eligible to receive funds under such title IV when the institution is able to demonstrate compliance with the institutional accountability standards. (d) Authorization of reward grant program (1) In general From amounts available in the fund established pursuant to subsection (c)(3)(C), the Secretary shall award grants, on a competitive basis, to institutions of higher education that meet or exceed the institutional accountability standards adopted under subsection (b). In determining the criteria for awarding grants, the Secretary shall give due consideration to the recommendations of the Commission. (2) Use for financial aid An institution of higher education awarded a grant under paragraph (1) shall use the grant funds for need-based aid to students who are eligible for Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq.

College Affordability and Innovation Act of 2014

Retirement Security Act of 2014 - Directs the Secretary of the Treasury to: (1) prescribe final regulations to permit employers to participate in multiple employer pension benefit plans, (2) promulgate regulations or other guidance to simplify and clarify rules relating to the timing of participant notices required under tax-preferred pension plans and the automatic escalation rules, and (3) modify the 1040EZ tax return form to allow taxpayers to claim the tax credit for retirement savings (saver's credit) on such form. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, with respect to employer pension benefit plans, to: (1) allow employers to maintain a tax-exempt multiple employer pension benefit plan even if the employers sponsoring the plan share no common interest, (2) modify requirements for secure deferral arrangements with respect to nondiscrimination and employer matching contributions, and (3) allow employers with not more than 100 employees a business-related tax credit to cover increased matching contributions required by this Act.

To amend the Internal Revenue Code of 1986 to modify safe harbor requirements applicable to automatic contribution arrangements, and for other purposes. 1. Short title This Act may be cited as the Retirement Security Act of 2014 2. Elimination of disincentive to pooling for multiple employer plans (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe final regulations under which a plan described in section 413(c) 3. Modification of ERISA rules relating to multiple employer defined contribution plans (a) In general (1) Requirement of common interest Section 3(2) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: (C) (i) A qualified multiple employer plan shall not fail to be treated as an employee pension benefit plan or pension plan solely because the employers sponsoring the plan share no common interest. (ii) For purposes of this subparagraph, the term qualified multiple employer plan section 413(c) (I) is an individual account plan with respect to which the requirements of clauses (iii), (iv), and (v) are met, and (II) includes in its annual report required to be filed under section 104(a) the name and identifying information of each participating employer. (iii) The requirements of this clause are met if, under the plan, each participating employer retains fiduciary responsibility for— (I) the selection and monitoring of the named fiduciary, and (II) the investment and management of the portion of the plan's assets attributable to employees of the employer to the extent not otherwise delegated to another fiduciary. (iv) The requirements of this clause are met if, under the plan, a participating employer is not subject to unreasonable restrictions, fees, or penalties by reason of ceasing participation in, or otherwise transferring assets from, the plan. (v) The requirements of this clause are met if each participating employer in the plan is an eligible employer as defined in section 408(p)(2)(C)(i) (I) by substituting 500 100 (II) by substituting 5 2 (III) without regard to the last sentence of subclause (II) thereof. . (2) Simplified reporting for small multiple employer plans Section 104(a) of such Act ( 29 U.S.C. 1024(a) (7) (A) In the case of any eligible small multiple employer plan, the Secretary may by regulation— (i) prescribe simplified summary plan descriptions, annual reports, and pension benefit statements for purposes of section 102, 103, or 105, respectively, and (ii) waive the requirement under section 103(a)(3) to engage an independent qualified public accountant in cases where the Secretary determines it appropriate. (B) For purposes of this paragraph, the term eligible small multiple employer plan (i) a qualified multiple employer plan, as defined in section 3(2)(C)(ii), or (ii) any other plan described in section 413(c) . (b) Effective date The amendments made by this section shall apply to years beginning after December 31, 2014. 4. Secure deferral arrangements (a) In general Subsection (k) of section 401 (14) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement (C) Qualified percentage For purposes of this paragraph, with respect to any employee, the term qualified percentage (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 8 percent during the first plan year following the plan year described in clause (i), and (iii) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of— (I) 100 percent of the elective contributions of the employee to the extent that such contributions do not exceed 1 percent of compensation, (II) 50 percent of so much of such contributions as exceed 1 percent but do not exceed 6 percent of compensation, plus (III) 25 percent of so much of such contributions as exceed 6 percent but do not exceed 10 percent of compensation. (ii) Application of rules for matching contributions The rules of clause (ii) of paragraph (12)(B) and clauses (iii) and (iv) of paragraph (13)(D) shall apply for purposes of clause (i) but the rule of clause (iii) of paragraph (12)(B) shall not apply for such purposes. The rate of matching contribution for each incremental deferral must be at least as high as the rate specified in clause (i), and may be higher, so long as such rate does not increase as an employee’s rate of elective contributions increases. . (b) Matching contributions and employee contributions Subsection (m) of section 401 (13) Alternative method for secure deferral arrangements A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions and employee contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(14)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 5. Credit for employers with respect to modified safe harbor requirements (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements (a) General rule For purposes of section 38, in the case of a small employer, the safe harbor adoption credit determined under this section for any taxable year is the amount equal to the total of the employer's matching contributions under section 401(k)(14)(D) during the taxable year on behalf of employees who are not highly compensated employees, subject to the limitations of subsection (b). (b) Limitations (1) Limitation with respect to compensation The credit determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee shall not exceed 2 percent of the compensation of such employee for the taxable year. (2) Limitation with respect to years of participation Credit shall be determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee only during the first 5 years such employee participates in the qualified automatic contribution arrangement. (c) Definitions (1) In general Any term used in this section which is also used in section 401(k)(14) shall have the same meaning as when used in such section. (2) Small employer The term small employer (d) Denial of double benefit No deduction shall be allowable under this title for any contribution with respect to which a credit is allowed under this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 (1) by striking plus (2) by striking the period at the end of paragraph (36) and inserting , plus (3) by adding at the end the following new paragraph: (37) the safe harbor adoption credit determined under section 45S. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements. . (d) Effective date The amendments made by this section shall apply to taxable years that include any portion of a plan year beginning after December 31, 2014. 6. Modification of regulations The Secretary of the Treasury shall promulgate regulations or other guidance that— (1) simplify and clarify the rules regarding the timing of participant notices required under section 401(k)(13)(E) (A) plans that allow employees to be eligible for participation immediately upon beginning employment, and (B) employers with multiple payroll and administrative systems, and (2) simplify and clarify the automatic escalation rules under sections 401(k)(13)(C)(iii) and 401(k)(14)(C) of the Internal Revenue Code of 1986 in the context of employers with multiple payroll and administrative systems. Such regulations or guidance shall address the particular case of employees within the same plan who are subject to different notice timing and different percentage requirements, and provide assistance for plan sponsors in managing such cases. 7. Opportunity to claim the saver's credit on Form 1040EZ The Secretary of the Treasury shall modify the forms for the return of tax of individuals in order to allow individuals claiming the credit under section 25B

Retirement Security Act of 2014

Nexus of Energy and Water for Sustainability Act of 2014 or the NEWS Act of 2014 - (Sec. 3) Requires the Office of Science and Technology Policy to establish either a Committee or a Subcommittee on the Nexus of Energy and Water for Sustainability (NEWS) under the National Science and Technology Council (NSTC). Requires the Secretary of Energy (DOE) and Secretary of the Interior to serve as co-chairs. Defines "energy-water nexus" as the links between: (1) the water needed to produce fuels, electricity, and other forms of energy; and (2) the energy needed to transport, reclaim, and treat water and wastewater. Requires the NEWS Committee or Subcommittee to: serve as a forum for developing common federal goals and plans on energy-water nexus research, development, and demonstration activities; issue a strategic plan on the priorities and objectives of those activities within a year and twice a year thereafter; promote coordination of the related activities of federal departments and agencies; coordinate and develop capabilities and methodologies for data collection, management, and dissemination of information related to those activities from and to other federal departments and agencies; promote information exchange between federal departments and agencies; and review its activities, relevance, and effectiveness ten years after it is established and to report on the results of the review. (Sec. 4) Requires the Office of Management and Budget (OMB) to submit to specified congressional committees an interagency budget crosscut report no later than 30 days after the President submits the budget. Requires the report to display for each agency that carries out or supports basic and applied research, development, and demonstration activities to advance energy-water nexus related science and technologies: (1) the budget proposed in the budget request of the President for the upcoming fiscal year, (2) expenditures and obligations for the prior fiscal year, and (3) estimated expenditures and obligations for the current fiscal year.

To establish an interagency coordination committee or subcommittee with the leadership of the Department of Energy and the Department of the Interior, focused on the nexus between energy and water production, use, and efficiency, and for other purposes. 1. Short title This Act may be cited as the Nexus of Energy and Water for Sustainability Act of 2014 NEWS Act of 2014 2. Definitions In this Act: (1) Director The term Director (2) Energy-water nexus The term energy-water nexus (A) energy efficiency and the quantity of water needed to produce fuels and energy; and (B) the quantity of energy needed to transport, reclaim, and treat water. (3) NSTC The term NSTC (4) Committee or Subcommittee The term Committee or Subcommittee 3. Interagency Coordination Committee (a) Establishment The Director shall establish either a committee or a subcommittee under the NSTC, to be known as either the Committee on Energy-Water Nexus for Sustainability or the Subcommittee on Energy-Water Nexus for Sustainability, to carry out the duties described in subsection (c). (b) Administration (1) Chairs The Secretary of Energy and Secretary of the Interior shall serve as co-chairs of the Committee or Subcommittee. (2) Membership; staffing Membership and staffing shall be determined by the NSTC. (c) Duties The Committee or Subcommittee shall— (1) serve as a forum for developing common Federal goals and plans on energy-water nexus issues; (2) promote coordination of the activities of all Federal departments and agencies on energy-water nexus issues, including the activities of— (A) the Department of Energy; (B) the Department of the Interior; (C) the Corps of Engineers; (D) the Department of Agriculture; (E) the Department of Defense; (F) the Department of State; (G) the Environmental Protection Agency; (H) the Council on Environmental Quality; (I) the National Institute of Standards and Technology; (J) the National Oceanic and Atmospheric Administration; (K) the National Science Foundation; (L) the Office of Management and Budget; (M) the Office of Science and Technology Policy; and (N) such other Federal departments and agencies as the Director or the Committee or Subcommittee consider appropriate; and (3) (A) coordinate and develop capabilities for data collection, categorization, and dissemination of data from and to other Federal departments and agencies; and (B) engage in information exchange between Federal departments and agencies— (i) to identify and document Federal and non-Federal programs and funding opportunities that support basic and applied research, development, and demonstration proposals to advance the state of energy-water nexus related science and technologies; (ii) if practicable, to leverage existing programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and (iii) to identify opportunities for public-private partnerships, innovative financing mechanisms, and grant challenges. (d) Review; termination At the end of the 10-year period beginning on the date on which the Committee or Subcommittee is established, the Director— (1) shall review the activities of the Committee or Subcommittee and determine the relevance and effectiveness of the Committee or Subcommittee; and (2) based on the determination made under paragraph (1), may terminate the Committee or Subcommittee. 4. Crosscut budget Not later than 30 days after the President submits the budget of the United States Government under section 1105 (1) an interagency budget crosscut report that— (A) displays the budget proposed, including any interagency or intraagency transfer, for each of the Federal agencies that carry out energy-water nexus projects for the upcoming fiscal year, separately showing funding requested under both preexisting authorities and under the new authorities granted by this Act; and (B) identifies all expenditures since 2011 by the Federal and State governments on energy-water nexus projects; (2) a detailed accounting of all funds received and obligated by all Federal agencies and State agencies responsible for implementing energy-water nexus projects during the previous fiscal year; (3) a budget for the proposed energy-water nexus projects (including a description of the project, authorization level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for energy-water nexus programs; and (4) a listing of all energy-water nexus projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for those projects. 1. Short title This Act may be cited as the Nexus of Energy and Water for Sustainability Act of 2014 NEWS Act of 2014 2. Definitions In this Act: (1) Committee or Subcommittee The term Committee or Subcommittee NEWS Committee NEWS Subcommittee (2) Director The term Director (3) Energy-water nexus The term energy-water nexus (A) the water needed to produce fuels, electricity, and other forms of energy; and (B) the energy needed to transport, reclaim, and treat water and wastewater. (4) Grand Challenges The term Grand Challenges (5) NSTC The term NSTC (6) RD&D activities The term RD&D activities 3. Interagency Coordination Committee (a) Establishment The Director shall establish either a committee or a subcommittee under the NSTC, to be known as either the Committee on the Nexus of Energy and Water for Sustainability (or the NEWS Committee NEWS Subcommittee (b) Administration (1) Chairs The Secretary of Energy and Secretary of the Interior shall serve as co-chairs of the Committee or Subcommittee. (2) Membership; staffing Membership and staffing shall be determined by the NSTC. (c) Duties The Committee or Subcommittee shall— (1) serve as a forum for developing common Federal goals and plans on energy-water nexus RD&D activities; (2) not later than 1 year after the date of enactment of this Act, and biannually thereafter, issue a strategic plan on energy-water nexus RD&D activities priorities and objectives; (3) promote coordination of the activities of Federal departments and agencies on energy-water nexus RD&D activities, including the activities of— (A) the Department of Energy; (B) the Department of the Interior; (C) the Corps of Engineers; (D) the Department of Agriculture; (E) the Department of Defense; (F) the Department of State; (G) the Environmental Protection Agency; (H) the Council on Environmental Quality; (I) the National Institute of Standards and Technology; (J) the National Oceanic and Atmospheric Administration; (K) the National Science Foundation; (L) the Office of Management and Budget; (M) the Office of Science and Technology Policy; and (N) such other Federal departments and agencies as the Director or the Committee or Subcommittee consider appropriate; and (4) (A) coordinate and develop capabilities and methodologies for data collection, management, and dissemination of information related to energy-water nexus RD&D activities from and to other Federal departments and agencies ; and (B) promote information exchange between Federal departments and agencies— (i) to identify and document Federal and non-Federal programs and funding opportunities that support basic and applied research, development, and demonstration proposals to advance energy-water nexus related science and technologies; (ii) if practicable, to leverage existing programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and (iii) to identify opportunities for domestic and international public-private partnerships, innovative financing mechanisms, information and data exchange, and Grand Challenges. (d) Review; report At the end of the 10-year period beginning on the date on which the Committee or Subcommittee is established, the Director— (1) shall review the activities, relevance, and effectiveness of the Committee or Subcommittee; and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives, a report describing the results of the review conducted under paragraph (1) and a recommendation on whether the Committee or Subcommittee should continue. 4. Crosscut budget Not later than 30 days after the President submits the budget of the United States Government under section 1105 (1) the budget proposed in the budget request of the President for the upcoming fiscal year; (2) expenditures and obligations for the prior fiscal year; and (3) estimated expenditures and obligations for the current fiscal year. December 10, 2014 Reported with an amendment

NEWS Act of 2014

Fair Employment Opportunity Act of 2014 - Declares it an unlawful practice for certain employers with at least 15 employees for each working day in each of at least 20 calendar weeks in the current or preceding calendar year to: (1) fail or refuse to consider for employment or to hire an individual as an employee based on present or past unemployment regardless of the length of time such individual was unemployed; (2) publish an advertisement or announcement for any job with provisions indicating that such an unemployed status disqualifies an individual and that an employer will not consider or hire an individual based on such status; and (3) direct or request that an employment agency account for such status when considering, screening, or referring applicants. Prohibits an employment agency (including agents and persons maintaining a website publishing job advertisements or announcements), based on such an individual's status as unemployed, from: (1) failing or refusing to consider, screen, or refer an individual for employment; (2) limiting, segregating, or classifying individuals in any manner limiting access to job information; or (3) publishing an advertisement or announcement for any job vacancy that includes provisions indicating that such an individual is disqualified and that an employer will not consider or hire such individuals. Prohibits similar employment practices by defined federal employing agencies covered under specified family and medical leave provisions for certain government employees. Allows consideration of an individual's status as unemployed if an individual's employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance of the job being filled. Authorizes, subject to possible termination upon the filing of certain complaints by the Secretary of Labor, one or more persons for and on behalf of the affected individual, or the affected individual and other individuals similarly situated, to bring actions in federal or state court for specified actual damages, punitive damages, and equitable relief, including employment. Directs the Secretary to: (1) receive, investigate, and attempt to resolve complaints according to specified provisions of the Fair Labor Standards Act of 1938; and (2) pay directly to each affected individual applicable sums recovered in any civil actions brought by the Secretary under this Act. Requires, with respect to the Government Printing Office (GPO) and the Library of Congress (LOC), that the Secretary's authority be exercised respectively by the Public Printer and Librarian of Congress. Sets forth a two-year statute of limitations period (three years for willful violations) for specified civil actions to be filed under this Act, except that the limitation period for filing an action by an individual is tolled during the period when the Secretary is considering a complaint against the defendant involved.

To prohibit discrimination in employment on the basis of an individual’s status or history of unemployment. 1. Short title This Act may be cited as the Fair Employment Opportunity Act of 2014 2. Findings and purpose (a) Findings Congress finds that denial of employment opportunities to individuals because they are or have been unemployed is discriminatory and burdens commerce by— (1) reducing personal consumption and undermining economic stability and growth; (2) squandering human capital essential to the Nation’s economic vibrancy and growth; (3) increasing demands for Federal and State unemployment insurance benefits, reducing trust fund assets, and leading to higher payroll taxes for employers, cuts in benefits for jobless workers, or both; (4) imposing additional burdens on publicly funded health and welfare programs; and (5) depressing income, property, and other tax revenues that the Federal Government, States, and localities rely on to support operations and institutions essential to commerce. (b) Purposes The purposes of this Act are— (1) to prohibit consideration of an individual’s status as unemployed in considering applicants for, screening for, or hiring for positions, except where a requirement related to employment status is a bona fide occupational qualification reasonably necessary to successful performance in the job; and (2) to eliminate the burdens imposed on commerce due to the exclusion of such individuals from employment. I Fair employment for non-Federal employees 101. Definitions As used in this Act— (1) the term affected individual (2) the term employee 29 U.S.C. 203 chapter 63 (3) the term employer (A) means any person engaged in commerce or any industry or activity affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; (B) includes— (i) any person who acts, directly or indirectly, in the interest of an employer described in subparagraph (A) with respect to employing individuals to work for the employer; and (ii) any successor in interest of an employer described in subparagraph (A); (C) includes any public agency, as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 chapter 63 (D) includes the Government Printing Office and the Library of Congress; (4) the term employment agency (5) the term Secretary (6) the term status as unemployed 102. Prohibited acts (a) Employers It shall be an unlawful practice for an employer to— (1) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee, because of the individual’s status as unemployed; (2) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employer will not consider or hire an individual for employment based on that individual’s status as unemployed; and (3) direct or request that an employment agency take an individual’s status as unemployed into account in considering, screening, or referring applicants for employment as an employee. (b) Employment agencies It shall be an unlawful practice for an employment agency to— (1) fail or refuse to consider, screen, or refer an individual for employment as an employee based on the individual’s status as unemployed; (2) limit, segregate, or classify individuals in any manner that may limit their access to information about jobs, or consideration, screening, or referral for jobs, as employees, because of their status as unemployed; or (3) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employer will not consider or hire an individual for employment based on that individual’s status as unemployed. (c) Interference with rights, proceedings or inquiries It shall be unlawful for any employer or employment agency to— (1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this Act; or (2) fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual— (A) opposed any practice made unlawful by this Act; (B) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (d) Bona fide occupational qualification Notwithstanding any other provision of this Act, consideration by an employer or employment agency of an individual’s status as unemployed shall not be an unlawful employment practice under this Act if an individual’s employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance in the job that is being filled. 103. Enforcement (a) Civil action by individual (1) Liability for employers and employment agencies Any employer or employment agency that violates subsection (a) or (b) of section 4 shall be liable to any affected individual— (A) for actual damages equal to— (i) the amount of— (I) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (II) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation or an amount of $1000 per violation per day, whichever is greater; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), and any punitive damages, except that if an employer or employment agency that has violated section 4 proves to the satisfaction of the court that the act or omission that violated section 4 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 4, such court may, in its discretion, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equitable relief as may be appropriate, including employment. (2) Right of action An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer or employment agency in any Federal or State court of competent jurisdiction by any 1 or more persons for and on behalf of— (A) the affected individual; or (B) the affected individual and other individuals similarly situated. (3) Fees and costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations The right provided by paragraph (2) to bring an action by or on behalf of any affected individual shall terminate— (A) on the filing of a complaint by the Secretary in an action under subsection (d) in which restraint is sought of any violation of section 4; or (B) on the filing of a complaint by the Secretary in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an affected individual by an employer or employment agency liable under paragraph (1), unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary. (b) Action by the Secretary (1) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 4 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (2) Civil action The Secretary may bring an action in any court of competent jurisdiction— (A) to enjoin violations of this title and seek other relief necessary to prevent future violations; and (B) to recover— (i) the damages described in subsection (a)(1)(A); (ii) in the case of a violation of section 4(c), a civil penalty of not less than $250 per violation (in addition to any other relief available under this subparagraph); or (iii) such other equitable relief as the court determines to be appropriate. (3) Sums recovered Any sums recovered by the Secretary pursuant to paragraph (2)(B)(i) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each affected individual. Any such sums recovered pursuant to paragraph (2)(B)(i) that are not paid to an affected individual because of inability to do so within a period of 3 years and any sums recovered pursuant to paragraph (2)(B)(ii) shall be deposited into the Treasury of the United States as miscellaneous receipts. (c) Limitation (1) In general Except as provided in paragraph (2), an action under subsection (a) may be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought, except that the limitation period for filing an action by an individual shall be tolled during the period during which the Secretary is considering a complaint against any defendant named in a complaint filed with the Secretary under subsection (b)(1). (2) Willful violation In the case of such action brought for a willful violation of section 4, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought, except that the limitation period for filing an action by an individual shall be tolled during the period during which the Secretary is considering a complaint, against the defendant involved, that is filed with the Secretary under subsection (b)(1). (3) Commencement In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the Secretary files a complaint in a court of competent jurisdiction. (d) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (1) to restrain violations of section 4; (2) to award such other equitable relief as may be appropriate, including employment; and (3) to award monetary damages. (e) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section. (f) Government Printing Office and Library of Congress With respect to the Government Printing Office (acting as an employer or employment agency), and with respect to the Library of Congress (acting as an employer or employment agency), the authority of the Secretary of Labor under this title shall be exercised respectively by the Public Printer and the Librarian of Congress. II Fair employment for federal employees 201. Prohibited acts Title 5, United States Code, is amended by inserting after chapter 23 the following: 25 Prohibition on discrimination based on employment status 2501. Definitions As used in this chapter— (1) the term affected individual (2) the term employee (3) the term employing agency (4) the term employment agency (5) the term Secretary (6) the term status as unemployed 2502. Prohibited acts (a) It shall be an unlawful practice for an employing agency to— (1) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee, because of the individual’s status as unemployed; (2) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employing agency will not consider or hire an individual for employment based on that individual’s status as unemployed; and (3) direct or request that an employment agency take an individual’s status as unemployed into account in considering, screening, or referring applicants for employment as an employee. (b) It shall be an unlawful practice for an employment agency to— (1) fail or refuse to consider, screen, or refer an individual for employment as an employee based on the individual’s status as unemployed; (2) limit, segregate, or classify individuals in any manner that may limit their access to information about jobs, or consideration, screening, or referral for jobs, as employees, because of their status as unemployed; or (3) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employing agency will not consider or hire an individual for employment based on that individual’s status as unemployed. (c) It shall be unlawful for any employing agency or employment agency to— (1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter; or (2) fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual— (A) opposed any practice made unlawful by this chapter; (B) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this chapter; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this chapter. (d) Notwithstanding any other provision of this chapter, consideration by an employing agency or employment agency of an individual’s status as unemployed shall not be an unlawful employment practice under this chapter if an individual’s employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance in the job that is being filled. 2503. Enforcement The Office of Personnel Management shall prescribe regulations necessary for the administration of this chapter. The regulations prescribed under this chapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Fair Employment Opportunity Act of 2014. .

Fair Employment Opportunity Act of 2014

America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act or America INNOVATES Act - Amends the Department of Energy Organization Act to: (1) rename the position of the Under Secretary for Science the Under Secretary for Science and Energy, and (2) require the Under Secretary to establish appropriate linkages between offices under his or her jurisdiction and perform functions and duties prescribed by the Secretary of Energy (DOE). Directs the Secretary to ensure that the following duties and responsibilities are carried out through one or more appropriate statutory or administrative entities: (1) evaluation, coordination, and promotion of the transfer of National Laboratory research and development (R&D) results to the market in collaboration with the Technology Transfer Coordinator; (2) recommendations to the Secretary of best practices for the National Laboratories; and (3) implementation of other appropriate duties to improve National Laboratory operations and performance. Expresses the sense of the Senate regarding the development of a coordinated strategy for the national laboratories in the 21st century. Directs the Secretary to carry out the three-year DOE pilot program under the Agreements for Commercializing Technology. Requires each agreement entered into under the pilot program to increase the authority of the contractor of the applicable National Laboratory to negotiate contract terms, such as intellectual property rights, indemnification, payment structures, performance guarantees, and multiparty collaborations. Directs the Secretary to delegate to the directors of the National Laboratories signature authority with respect to any cooperative R&D agreement, non-federal work-for-others agreement, or any other appropriate agreement, the total cost of which (including National Laboratory contributions and project recipient cost share) is less than $1 million. Amends the Energy Policy Act of 2005 to permit the directors of the National Laboratories to use funds allocated for technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities intended to meet the federal government's research needs. Amends the Small Business Act to direct the Secretary to inform small business concerns seeking funding under the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs about resources available to them at National Laboratories and federally funded R&D centers. Amends the Energy Policy Act of 2005 to exempt any activity performed by an institution of higher education or nonprofit institution from the requirement that at least 20% of the cost of a research or development activity be provided by a non-federal source. Requires the Government Accountability Office (GAO) to report to Congress on the results of projects developed under this Act.

To improve management of the National Laboratories, enhance technology commercialization, facilitate public-private partnerships, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act America INNOVATES Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Savings clause. TITLE I—Innovation management at Department of Energy Sec. 101. Under Secretary for Science and Energy. Sec. 102. National Laboratories operations and performance management. Sec. 103. Sense of Senate on an integrated strategy for National Laboratories in the 21st century. TITLE II—Cross-sector partnerships and grant competitiveness Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Information and resources for startups and small businesses. Sec. 205. Funding competitiveness for institutions of higher education and other nonprofit institutions. TITLE III—Assessment of impact Sec. 301. Report by Government Accountability Office. 2. Definitions In this Act: (1) Department The term Department (2) National Laboratory The term National Laboratory 42 U.S.C. 15801 (3) Secretary The term Secretary 3. Savings clause Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. I Innovation management at Department of Energy 101. Under Secretary for Science and Energy (a) In general Section 202(b) of the Department of Energy Organization Act ( 42 U.S.C. 7132(b) (1) by striking Under Secretary for Science Under Secretary for Science and Energy (2) in paragraph (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 inserting after subparagraph (G) the following: (H) establish appropriate linkages between offices under the jurisdiction of the Under Secretary; and (I) perform such functions and duties as the Secretary shall prescribe, consistent with this section. . (b) Conforming amendments (1) Section 3164(b)(1) of the Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381a(b)(1) Under Secretary for Science Under Secretary for Science and Energy (2) Section 641(h)(2) of the United States Energy Storage Competitiveness Act of 2007 ( 42 U.S.C. 17231(h)(2) Under Secretary for Science Under Secretary for Science and Energy 102. National Laboratories operations and performance management (a) In general The Secretary shall ensure that the following duties and responsibilities are carried out through one or more appropriate statutory or administrative entities: (1) Evaluation, coordination, and promotion of transfer of National Laboratory research and development results to the market in collaboration with the Technology Transfer Coordinator. (2) Submission to the Secretary of reports describing recommendations for best practices for the National Laboratories including, with respect to management and operations procedures, conflict of interest regulations, engagement with the private sector, and technology transfer methodologies. (3) Implementation of other duties, as the Secretary determines appropriate, to improve the operations and performance of the National Laboratories. (b) Reporting The Secretary, in consultation with the appropriate committees of Congress, shall provide an annual update on progress made in carrying out subsection (a), including the improvement of National Laboratory operations and performance and strategic departmental and National Laboratory coordination. 103. Sense of Senate on an integrated strategy for National Laboratories in the 21st century It is the sense of the Senate that— (1) the establishment of the independent Commission to Review the Effectiveness of the National Energy Laboratories under section 319 of title III of division D of the Consolidated Appropriations Act, 2014, is an important step towards developing a coordinated strategy for the National Laboratories in the 21st century; and (2) Congress looks forward to— (A) receiving the findings and conclusions of the Commission; and (B) engaging with the Administration— (i) in strengthening the mission of the National Laboratories; and (ii) to reform and modernize the operations and management of the National Laboratories. II Cross-sector partnerships and grant competitiveness 201. Agreements for Commercializing Technology pilot program (a) In general The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, indemnification, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility (1) In general Notwithstanding any other provision of law (including regulations), any National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-Federal entities To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with non-Federal entities, including non-Federal entities already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1). (3) Restriction The requirements of chapter 18 Bayh-Dole Act (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section— (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section— (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension The pilot program referred to in subsection (a) shall be extended for a term of 3 years after the date of enactment of this Act. (g) Report Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that— (1) assesses the overall effectiveness of the pilot program referred to in subsection (a); (2) identifies opportunities to improve the effectiveness of the pilot program; (3) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (4) provides a recommendation regarding the future of the pilot program. 202. Public-private partnerships for commercialization (a) In general Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000. (b) Agreements Subsection (a) applies to— (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration (1) Accountability The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery. (d) Conforming amendment Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking Each Federal agency (1) In general Except as provided in paragraph (2), each Federal agency ; and (C) by adding at the end the following: (2) Exception Notwithstanding paragraph (1), in accordance with section 202(a) of the America INNOVATES Act ; and (2) in subsection (b), by striking subsection (a)(1) subsection (a)(1)(A) 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities Section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: (g) Early-Stage technology demonstration The Secretary shall permit the directors of the National Laboratories to use funds allocated for technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities intended to meet the Federal Government’s research needs. . 204. Information and resources for startups and small businesses Section 9 of the Small Business Act ( 15 U.S.C. 638 (tt) Information In carrying out the SBIR and STTR programs of the Department of Energy, the Secretary of Energy shall provide to small business concerns seeking funding under the programs information concerning resources that are available to small business concerns at National Laboratories and federally funded research and development centers. . 205. Funding competitiveness for institutions of higher education and other nonprofit institutions Section 988(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(b) (1) in paragraph (1), by striking Except as provided in paragraphs (2) and (3) Except as provided in paragraphs (2), (3), and (4) (2) by adding at the end the following: (4) Exemption for institutions of higher education and other nonprofit institutions (A) In general Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 (B) Termination date The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph. . III Assessment of impact 301. Report by Government Accountability Office 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 report describing the results of the projects developed under sections 201, 202, and 203, including information regarding— (1) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (2) whether the activities carried out under those projects result in— (A) fiscal savings; (B) expansion of National Laboratory capabilities; (C) increased efficiency of technology transfers; or (D) an increase in general efficiency of the National Laboratory system.

America INNOVATES Act

Learning Opportunities Created At Local Level Act or the LOCAL Level Act - Expresses the sense of Congress that state and local prerogatives over elementary and secondary education need to be preserved. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit any federal officer or employee from directly or indirectly, through grants, contracts, or other cooperative agreements under the ESEA: mandating, directing, or controlling a state's, local educational agency's (LEA's), or school's specific instructional content, academic standards, assessments, curriculum, or program of instruction; incentivizing such an entity's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction; mandating a state or any subdivision thereof to spend any funds or incur any costs not paid for under the ESEA; or conditioning the availability of financial support on a state's, LEA's, or school's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction, even if such conditions are specified under any other Act. Prohibits any funds provided to the Department of Education under the ESEA from being used by the Department directly or indirectly, through grants, contracts, or other cooperative agreements, to endorse, approve, develop, require, or sanction any elementary or secondary school curriculum. Prohibits conditioning any state's receipt of ESEA assistance on the approval or certification of its academic standards by the federal government. Includes in the prohibition against the use of ESEA funds on federally sponsored testing and testing materials such use on any assessment or testing materials aligned to the Common Core State Standards or any other academic standards common to a significant number of states. Prohibits the use of Race to the Top funds, provided under the American Recovery and Reinvestment Act of 2009, on such aligned assessment or testing materials.

To amend the Elementary and Secondary Education Act of 1965 to prohibit Federal education mandates, and for other purposes. 1. Short title This Act may be cited as the Learning Opportunities Created At Local Level Act LOCAL Level Act 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) Section 9527 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7907 (2) Section 9529 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7909 (3) Despite these prohibitions, the Secretary of Education, through 3 separate initiatives, has created a system of waivers and grants that influence, incentivize, and coerce State educational agencies into implementing common national elementary and secondary school standards and assessments endorsed by the Secretary. (4) The Race to the Top Fund, as established by the Secretary of Education under sections 14005 and 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5, 123 Stat. 282), encouraged and incentivized States to adopt the Common Core State Standards developed by the National Governors Association Center for Best Practices and the Council of Chief State School Officers. (5) The Race to the Top assessment grants awarded to the Partnership for Assessment of Readiness for College and Careers (PARCC) and Smarter Balanced Assessment Consortium (SMARTER Balance) initiated the development of assessments aligned with the Common Core State Standards that will, in turn, inform and ultimately influence kindergarten through grade 12 curriculum and instructional materials. (6) The conditions imposed by the Secretary of Education through the flexibility waiver authority provided to the Secretary pursuant to section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 (b) Sense of Congress It is the sense of Congress that— (1) States and local educational agencies should maintain the rights and responsibilities of determining educational curricula, programs of instruction, and assessments for elementary and secondary education; and (2) States are sovereign entities that deserve deep and abiding respect from the Federal Government, and State legislatures have a responsibility to their citizens to resist Federal encroachment on the constitutional autonomy of States regarding education. 3. Prohibitions on Federal Government and use of Federal funds Section 9527 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7907 9527. Prohibition against Federal mandates, direction, or control (a) In general An officer or employee of the Federal Government shall not directly or indirectly, through grants, contracts, or other cooperative agreements under this Act (including through any waiver provided under the Secretary's authority pursuant to section 9401)— (1) mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic standards, assessments, curriculum, or program of instruction (including through any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States); (2) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standards, assessments, curriculum, or program of instruction as described in paragraph (1), which shall include providing any priority, preference, or special consideration during the application process based on any specific content, standards, assessments, curriculum, or program; (3) mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act; or (4) make financial support available in a manner that is conditioned upon a State, local educational agency, or school's adoption of specific instructional content, academic standards, assessments, curriculum, or program of instruction, (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), even if such requirements are specified in section 14006 or 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 281) or any other Act. (b) Rule of construction Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government directly or indirectly, whether through a grant, contract, or cooperative agreement (including through any waiver provided under the Secretary's authority pursuant to section 9401), to do any activity prohibited under subsection (a). (c) Prohibition on endorsement of curriculum Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department directly or indirectly, through grants, contracts, or cooperative agreements (including through any waiver provided under the Secretary's authority pursuant to section 9401), to endorse, approve, develop, require, or sanction any curriculum designed to be used in an elementary school or secondary school, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative, or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school. (d) Prohibition on requiring Federal approval or certification of standards Notwithstanding title I, part A of title VI, or any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act. (e) Rule of construction on building standards Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school. . 4. Prohibition on Federally sponsored testing and testing materials Section 9529 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7909 9529. Prohibition on federally sponsored testing and testing materials (a) General prohibition Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute— (1) any Federally sponsored national test or testing materials in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law; or (2) any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States. (b) Exceptions Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(5) of the Education Sciences Reform Act of 2002 and administered to only a representative sample of pupils in the United States and in foreign nations. . 5. Prohibition on the use of Race to the Top Funds for Common Core State Standards assessments Notwithstanding any other provision of law, no funds provided under section 14006 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5

LOCAL Level Act

Amends the Internal Revenue Code to allow taxpayers who do not otherwise itemize their tax deductions a deduction from gross income (above-the-line deduction) for their employment-related expenses incurred in caring for a child under the age of 13 or a child who is physicaly or mentaly incapable of self care (qualifying child). Limits the dollar amount of such deduction in a taxable year to $7,000 for taxpayers with one qualifying child or $14,000 for taxpayers with two or more qualifying children. Allows an annual inflation adjustment to such amounts for taxable years beginning after 2014.

To amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for child care expenses, and for other purposes. 1. Above-the-line deduction for child care expenses (a) In general Part VII of subchapter A of chapter 1 (1) by redesignating section 224 as section 225, and (2) by inserting after section 223 the following new section: 224. Child care deduction (a) Allowance of deduction In the case of an individual for which there are 1 or more qualifying children with respect to such individual for the taxable year, there shall be allowed as a deduction an amount equal to the employment-related expenses paid by such individual during the taxable year. (b) Dollar limitations (1) In general The amount allowed as a deduction under subsection (a) with respect to the taxpayer for any taxable year shall not exceed— (A) $7,000, if there is 1 qualifying child with respect to the taxpayer for such taxable year, or (B) $14,000, if there are 2 or more qualifying children with respect to the taxpayer for such taxable year. (2) Adjustment for inflation In the case of a taxable year beginning after 2014, each of the dollar amounts in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting calendar year 2013 calendar year 1992 If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next highest multiple of $100. (c) Definitions and special rules For purposes of this section— (1) Qualifying child The term qualifying child (A) who has not attained age 13, or (B) who is physically or mentally incapable of caring for himself or herself. (2) Employment-related expenses The term employment-related expenses qualifying child qualifying children, qualifying individual qualifying individuals (3) Special rules Rules similar to the rules of paragraphs (1), (2), (3), (4), (5), (6), (9), and (10) of section 21(e) shall apply. (d) Denial of double benefit (1) In general No deduction shall be allowed under this section for any expense with respect to which a credit is claimed by the taxpayer under section 21. (2) Coordination rule For coordination with a dependent care assistance program, see section 129(e)(7). . (b) Deduction allowed above-the-Line Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph: (22) Child care deduction The deduction allowed by section 224. . (c) Conforming amendment Subsection (e) of section 213 of the Internal Revenue Code of 1986 is amended by inserting , or as a deduction under section 224, section 21 (d) Clerical amendment The table of sections for part VII of subchapter A of chapter 1 Sec. 224. Child care deduction. Sec. 225. Cross reference. . (e) Effective date The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2013.

A bill to amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for child care expenses, and for other purposes.

Data Security and Breach Notification Act of 2014 - Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each covered entity (proprietorships, partnerships, estates, trusts, cooperatives, and nonprofit and for-profit corporations) that owns or possesses data containing personal information to implement policies and procedures regarding information security practices for the treatment and protection of such information. Establishes procedures to be followed in the event of an information security breach. Requires a covered entity that discovers a breach to notify the FTC (unless the covered entity has already notified a federal entity designated by the Department of Homeland Security [DHS] to receive such information) and affected individuals. Sets forth requirements concerning such notification, including methods of notification and timeliness requirements. Allows an exemption from notification requirements if such entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. Establishes a presumption that there is no such risk for encrypted data. Directs DHS to designate a federal entity that covered entities would be required to notify if a security breach involves: (1) the personal information of more than 10,000 individuals, (2) a database containing the personal information of more than 1 million individuals, (3) federal government databases, or (4) the personal information of federal employees or contractors known to be involved in national security or law enforcement. Requires the designated entity to provide each notice it receives to: the U.S. Secret Service; the Federal Bureau of Investigation (FBI); the FTC; the U.S. Postal Inspection Service, if mail fraud is involved; attorneys general of affected states; and appropriate federal agencies for law enforcement, national security, or data security purposes. Sets forth enforcement provisions for the FTC, state attorneys general, and the Attorney General (DOJ). Establishes criminal penalties of a fine, imprisonment for up to five years, or both, for concealment of a security breach that results in economic harm of at least $1,000 to an individual.

To protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a breach of security. 1. Short title This Act may be cited as the Data Security and Breach Notification Act of 2014 2. Requirements for information security (a) General security policies and procedures (1) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 (A) the size of, and the nature, scope, and complexity of the activities engaged in by such covered entity; (B) the current state of the art in administrative, technical, and physical safeguards for protecting such information; (C) the cost of implementing the safeguards under subparagraph (B); and (D) the impact on small businesses and nonprofits. (2) Requirements The regulations shall require the policies and procedures to include the following: (A) A security policy with respect to the collection, use, sale, other dissemination, and maintenance of personal information. (B) The identification of an officer or other individual as the point of contact with responsibility for the management of information security. (C) A process for identifying and assessing any reasonably foreseeable vulnerabilities in each system maintained by the covered entity that contains such personal information, which shall include regular monitoring for a breach of security of each such system. (D) A process for taking preventive and corrective action to mitigate any vulnerabilities identified in the process required by subparagraph (C), which may include implementing any changes to security practices and the architecture, installation, or implementation of network or operating software. (E) A process for disposing of data in electronic form containing personal information by destroying, permanently erasing, or otherwise modifying the personal information contained in such data to make such personal information permanently unreadable or indecipherable. (F) A standard method or methods for the destruction of paper documents and other non-electronic data containing personal information. (b) Limitations (1) Covered entities subject to the Gramm-Leach-Bliley Act A financial institution that is subject to title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (2) Applicability of other information security requirements A person who is subject to, and in compliance with, the information security requirements of section 13401 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 42 U.S.C. 1320d–2(d) 42 U.S.C. 17931 (3) Certain service providers Nothing in this section shall apply to a service provider for any electronic communication by a third party to the extent that the service provider is engaged in the transmission, routing, or temporary, intermediate, or transient storage of that communication. 3. Notification of breach of security (a) Nationwide notification A covered entity that owns or possesses data in electronic form containing personal information, following the discovery of a breach of security of the system maintained by the covered entity that contains such data, shall notify— (1) each individual who is a citizen or resident of the United States and whose personal information was or is reasonably believed to have been acquired or accessed from the covered entity as a result of the breach of security; and (2) the Commission, unless the covered entity has notified the designated entity under section 4. (b) Special notification requirements (1) Third-party entities In the event of a breach of security of a system maintained by a third-party entity that has been contracted to maintain or process data in electronic form containing personal information on behalf of any other covered entity who owns or possesses such data, the third-party entity shall notify the covered entity of the breach of security. Upon receiving notification from the third party entity, such covered entity shall provide the notification required under subsection (a). (2) Service providers If a service provider becomes aware of a breach of security of data in electronic form containing personal information that is owned or possessed by another covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, the service provider shall notify of the breach of security only the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. Upon receiving the notification from the service provider, the covered entity shall provide the notification required under subsection (a). (3) Coordination of notification with credit reporting agencies If a covered entity is required to provide notification to more than 5,000 individuals under subsection (a)(1), the covered entity also shall notify each major credit reporting agency of the timing and distribution of the notices, except when the only personal information that is the subject of the breach of security is the individual’s first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. Such notice shall be given to each credit reporting agency without unreasonable delay and, if it will not delay notice to the affected individuals, prior to the distribution of notices to the affected individuals. (c) Timeliness of notification Notification under subsection (a) shall be made— (1) not later than 30 days after the date of discovery of a breach of security; or (2) as promptly as possible if the covered entity providing notice can show that providing notice within the timeframe under paragraph (1) is not feasible due to circumstances necessary— (A) to accurately identify affected consumers; (B) to prevent further breach or unauthorized disclosures; or (C) to reasonably restore the integrity of the data system. (d) Method and content of notification (1) Direct notification (A) Method of direct notification A covered entity shall be in compliance with the notification requirement under subsection (a)(1) if— (i) the covered entity provides conspicuous and clearly identified notification— (I) in writing; or (II) by e-mail or other electronic means if— (aa) the covered entity's primary method of communication with the individual is by e-mail or such other electronic means; or (bb) the individual has consented to receive notification by e-mail or such other electronic means and such notification is provided in a manner that is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 (ii) the method of notification selected under clause (i) can reasonably be expected to reach the intended individual. (B) Content of direct notification Each method of direct notification under subparagraph (A) shall include— (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the personal information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security; (iii) a telephone number that an individual can use at no cost to the individual to contact the covered entity to inquire about the breach of security or the information the covered entity maintained about that individual; (iv) notice that the individual may be entitled to consumer credit reports under subsection (e)(1); (v) instructions how an individual can request consumer credit reports under subsection (e)(1); (vi) a telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency; and (vii) a telephone number, that an individual can use at no cost to the individual, and an Internet Web site address to obtain information regarding identity theft from the Commission. (2) Substitute notification (A) Circumstances giving rise to substitute notification A covered entity required to provide notification to individuals under subsection (a)(1) may provide substitute notification instead of direct notification under paragraph (1)— (i) if direct notification is not feasible due to lack of sufficient contact information for the individual required to be notified; or (ii) if the covered entity owns or possesses data in electronic form containing personal information of fewer than 10,000 individuals and direct notification is not feasible due to excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity, as determined in accordance with the regulations issued by the Commission under paragraph (3)(A). (B) Method of substitute notification Substitute notification under this paragraph shall include— (i) conspicuous and clearly identified notification by e-mail to the extent the covered entity has an e-mail address for an individual who is entitled to notification under subsection (a)(1); (ii) conspicuous and clearly identified notification on the Internet Web site of the covered entity if the covered entity maintains an Internet Web site; and (iii) notification to print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside. (C) Content of substitute notification Each method of substitute notification under this paragraph shall include— (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the types of personal information that were or are reasonably believed to have been acquired or accessed as a result of the breach of security; (iii) notice that an individual may be entitled to consumer credit reports under subsection (e)(1); (iv) instructions how an individual can request consumer credit reports under subsection (e)(1); (v) a telephone number that an individual can use at no cost to the individual to learn whether the individual's personal information is included in the breach of security; (vi) a telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency; and (vii) a telephone number, that an individual can use at no cost to the individual, and an Internet Web site address to obtain information regarding identity theft from the Commission. (3) Regulations and guidance (A) Regulations Not later than 1 year after the date of enactment of this Act, the Commission, by regulation under section 553 (B) Guidance In addition, the Commission, in consultation with the Small Business Administration, shall provide and publish general guidance with respect to compliance with this subsection. The guidance shall include— (i) a description of written or e-mail notification that complies with paragraph (1); and (ii) guidance on the content of substitute notification under paragraph (2), including the extent of notification to print and broadcast media that complies with paragraph (2)(B)(iii). (e) Other obligations following breach (1) In general Not later than 60 days after the date of request by an individual who received notification under subsection (a)(1) and quarterly thereafter for 2 years, a covered entity required to provide notification under subsection (a)(1) shall provide, or arrange for the provision of, to the individual at no cost, consumer credit reports from at least 1 major credit reporting agency. (2) Limitation This subsection shall not apply if the only personal information that is the subject of the breach of security is the individual's first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. (3) Rulemaking The Commission's rulemaking under subsection (d)(3) shall include— (A) determination of the circumstances under which a covered entity required to provide notification under subsection (a)(1) must provide or arrange for the provision of free consumer credit reports; and (B) establishment of a simple process under which a covered entity that is a small business or small non-profit organization may request a full or a partial waiver or a modified or an alternative means of complying with this subsection if providing free consumer credit reports is not feasible due to excessive costs relative to the resources of such covered entity and relative to the level of harm, to affected individuals, caused by the breach of security. (f) Delay of Notification Authorized for National Security and Law Enforcement Purposes (1) In general If the United States Secret Service or the Federal Bureau of Investigation determines that notification under this section would impede a criminal investigation or a national security activity, notification shall be delayed upon written notice from the United States Secret Service or the Federal Bureau of Investigation to the covered entity that experienced the breach of security. Written notice from the United States Secret Service or the Federal Bureau of Investigation shall specify the period of delay requested for national security or law enforcement purposes. (2) Subsequent delay of notification (A) In general A covered entity shall provide notification under this section not later than 30 days after the day that the delay was invoked unless a Federal law enforcement or intelligence agency provides subsequent written notice to the covered entity that further delay is necessary. (B) Written justification requirements (i) United States Secret Service If the United States Secret Service instructs a covered entity to delay notification under this section beyond the 30-day period under subparagraph (A) (referred to in this clause as subsequent delay (ii) Federal Bureau of Investigation If the Federal Bureau of Investigation instructs a covered entity to delay notification under this section beyond the 30-day period under subparagraph (A) (referred to in this clause as subsequent delay (3) Law enforcement immunity No cause of action shall lie in any court against any Federal agency for acts relating to the delay of notification for national security or law enforcement purposes under this Act. (g) General Exemption (1) In general A covered entity shall be exempt from the requirements under this section if, following a breach of security, the covered entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. (2) Presumption (A) In general There shall be a presumption that no reasonable risk of identity theft, fraud, or other unlawful conduct exists following a breach of security if— (i) the data is rendered unusable, unreadable, or indecipherable through a security technology or methodology; and (ii) the security technology or methodology under clause (i) is generally accepted by experts in the information security field. (B) Rebuttal The presumption under subparagraph (A) may be rebutted by facts demonstrating that the security technology or methodology in a specific case has been or is reasonably likely to be compromised. (3) Technologies or Methodologies Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Commission, after consultation with the National Institute of Standards and Technology, shall issue rules (pursuant to section 553 (A) consult with relevant industries, consumer organizations, data security and identity theft prevention experts, and established standards setting bodies; and (B) consider whether and in what circumstances a security technology or methodology currently in use, such as encryption, complies with the standards under paragraph (2). (4) FTC guidance Not later than 1 year after the date of enactment of this Act, the Commission, after consultation with the National Institute of Standards and Technology, shall issue guidance regarding the application of the exemption under paragraph (1). (h) Exemptions for national security and law enforcement purposes (1) In general A covered entity shall be exempt from the requirements under this section if— (A) a determination is made— (i) by the United States Secret Service or the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement or intelligence investigations; or (ii) by the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to cause damage to the national security; and (B) the United States Secret Service or the Federal Bureau of Investigation, as the case may be, provides written notice of its determination under subparagraph (A) to the covered entity. (2) United States Secret Service If the United States Secret Service invokes an exemption under paragraph (1), the United States Secret Service shall submit written justification for invoking the exemption to the Secretary of Homeland Security before the exemption is invoked. (3) Federal Bureau of Investigation If the Federal Bureau of Investigation invokes an exemption under paragraph (1), the Federal Bureau of Investigation shall submit written justification for invoking the exemption to the Attorney General before the exemption is invoked. (4) Immunity No cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification for national security or law enforcement purposes under this Act. (5) Reports Not later than 18 months after the date of enactment of this Act, and upon request by Congress thereafter, the United States Secret Service and Federal Bureau of Investigation shall submit to Congress a report on the number and nature of breaches of security subject to the exemptions for national security and law enforcement purposes under this subsection. (i) Financial fraud prevention exemption (1) In general A covered entity shall be exempt from the requirements under this section if the covered entity utilizes or participates in a security program that— (A) effectively blocks the use of the personal information to initiate an unauthorized financial transaction before it is charged to the account of the individual; and (B) provides notice to each affected individual after a breach of security that resulted in attempted fraud or an attempted unauthorized transaction. (2) Limitations An exemption under paragraph (1) shall not apply if— (A) the breach of security includes personal information, other than a credit card number or credit card security code, of any type; or (B) the breach of security includes both the individual’s credit card number and the individual’s first and last name. (j) Financial institutions regulated by Federal functional regulators (1) In general A covered financial institution shall be deemed in compliance with this section if— (A) the Federal functional regulator with jurisdiction over the covered financial institution has issued a standard by regulation or guideline under title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (i) requires financial institutions within its jurisdiction to provide notification to individuals following a breach of security; and (ii) provides protections substantially similar to, or greater than, those required under this Act; and (B) the covered financial institution is in compliance with the standard under subparagraph (A). (2) Definitions In this subsection— (A) the term covered financial institution (i) the data security requirements of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (ii) any implementing standard issued by regulation or guideline issued under that Act; and (iii) the jurisdiction of a Federal functional regulator under that Act; (B) the term Federal functional regulator 15 U.S.C. 6809 (C) the term financial institution 15 U.S.C. 6809 (k) Exemption; health privacy (1) Covered entity or business associate under HITECH Act To the extent that a covered entity under this Act acts as a covered entity or a business associate under section 13402 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17932 (2) Entity subject to HITECH Act To the extent that a covered entity under this Act acts as a vendor of personal health records, a third party service provider, or other entity subject to section 13407 of the Health Information Technology for Economical and Clinical Health Act ( 42 U.S.C. 17937 (3) Limitation of statutory construction Nothing in this Act may be construed in any way to give effect to the sunset provision under section 13407(g)(2) of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17937(g)(2)) or to otherwise limit or affect the applicability, under section 13407 of that Act, of the requirement to provide notification to individuals following a breach of security for vendors of personal health records and each entity described in clause (ii), (iii), or (iv) of section 13424(b)(1)(A) of that Act ( 42 U.S.C. 17953(b)(1)(A) (l) Web site notice of Federal Trade Commission If the Commission, upon receiving notification of any breach of security that is reported to the Commission, finds that notification of the breach of security via the Commission's Internet Web site would be in the public interest or for the protection of consumers, the Commission shall place such a notice in a clear and conspicuous location on its Internet Web site. (m) FTC study on notification in languages in addition to English Not later than 1 year after the date of enactment of this Act, the Commission shall conduct a study on the practicality and cost effectiveness of requiring the direct notification required by subsection (d)(1) to be provided in a language in addition to English to individuals known to speak only such other language. (n) General rulemaking authority The Commission may promulgate regulations necessary under section 553 4. Notice to law enforcement (a) Designation of government entity To receive notice Not later than 60 days after the date of enactment of this Act, the Secretary of the Department of Homeland Security shall designate a Federal Government entity to receive notice under this section. (b) Notice A covered entity shall notify the designated entity of a breach of security if— (1) the number of individuals whose personal information was, or is reasonably believed to have been, acquired or assessed as a result of the breach of security exceeds 10,000; (2) the breach of security involves a database, networked or integrated databases, or other data system containing the personal information of more than 1,000,000 individuals; (3) the breach of security involves databases owned by the Federal Government; or (4) the breach of security involves primarily personal information of individuals known to the covered entity to be employees or contractors of the Federal Government involved in national security or law enforcement. (c) Content of notices (1) In general Each notice under subsection (b) shall contain— (A) the date, estimated date, or estimated date range of the breach of security; (B) a description of the nature of the breach of security; (C) a description of each type of personal information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security; and (D) a statement of each paragraph under subsection (b) that applies to the breach of security. (2) Construction Nothing in this section shall be construed to require a covered entity to reveal specific or identifying information about an individual as part of the notice under paragraph (1). (d) Responsibilities of the designated entity The designated entity shall promptly provide each notice it receives under subsection (b) to— (1) the United States Secret Service; (2) the Federal Bureau of Investigation; (3) the Federal Trade Commission; (4) the United States Postal Inspection Service, if the breach of security involves mail fraud; (5) the attorney general of each State affected by the breach of security; and (6) as appropriate, other Federal agencies for law enforcement, national security, or data security purposes. (e) Timing of notices Notice under this section shall be delivered as follows: (1) Notice under subsection (b) shall be delivered as promptly as possible, but— (A) not less than 3 business days before notification to an individual under section 3; and (B) not later than 10 days after the date of discovery of the events requiring notice. (2) Notice under subsection (d) shall be delivered as promptly as possible, but not later than 1 business day after the date that the designated entity receives notice of a breach of security from a covered entity. 5. Application and enforcement (a) General application The requirements of sections 2 and 3 shall apply to— (1) those persons, partnerships, or corporations over which the Commission has authority under section 5(a)(2) of the Federal Trade Commission Act 15 U.S.C. 45(a)(2) (2) notwithstanding sections 4 and 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 44 and 45(a)(2)), any non-profit organization, including any organization described in section 501(c) section 501(a) (b) Opt-In for certain other entities (1) In general Notwithstanding sections 4 and 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 44 and 45(a)(2)), the requirements of section 3 shall apply to any other covered entity not included under subsection (a) that enters into an agreement with the Commission under which that covered entity would be subject to section 3 with respect to any acts or omissions that occur while the agreement is in effect and that may constitute a violation of section 3, if— (A) not less than 30 days prior to entering into the agreement with the person or entity, the Commission publishes notice in the Federal Register of the Commission's intent to enter into the agreement; and (B) not later than 14 business days after entering into the agreement with the person or entity, the Commission publishes in the Federal Register— (i) notice of the agreement; (ii) the identity of each person or entity covered by the agreement; and (iii) the effective date of the agreement. (2) Construction (A) Other Federal law An agreement under paragraph (1) shall not effect a covered entity's obligation to provide notice of a breach of security or similar event under any other Federal law. (B) No preemption prior to valid agreement Subsections (a)(2) and (b) of section 7 shall not apply to a breach of security that occurs before a valid agreement under paragraph (1) is in effect. (c) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 or 3 of this Act shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (2) Powers of commission The Commission shall enforce this Act in the same manner, by the same means, with the same jurisdiction, except as provided in subsections (a)(2) and (b) of this section, and with the same powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act (3) Limitation In promulgating rules under this Act, the Commission shall not require the deployment or use of any specific products or technologies, including any specific computer software or hardware. (d) Enforcement by State attorneys general (1) Civil action In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any covered entity who violates section 2 or section 3 of this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction— (A) to enjoin further violation of such section by the defendant; (B) to compel compliance with such section; or (C) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation (i) Treatment of violations of section 2 For purposes of paragraph (1)(C) with regard to a violation of section 2, the amount determined under this paragraph is the amount calculated by multiplying the number of days that a covered entity is not in compliance with such section by an amount not greater than $11,000. (ii) Treatment of violations of section 3 For purposes of paragraph (1)(C) with regard to a violation of section 3, the amount determined under this paragraph is the amount calculated by multiplying the number of violations of such section by an amount not greater than $11,000. Each failure to send notification as required under section 3 to a resident of the State shall be treated as a separate violation. (B) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amounts specified in clauses (i) and (ii) of subparagraph (A) and in clauses (i) and (ii) of subparagraph (C) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (C) Maximum total liability Notwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection shall not exceed— (i) $5,000,000 for each violation of section 2; and (ii) $5,000,000 for all violations of section 3 resulting from a single breach of security. (3) Intervention by the FTC (A) Notice and intervention The State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon commencing such action. The Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State— (A) to conduct investigations; (B) to administer oaths or affirmations; or (C) to compel the attendance of witnesses or the production of documentary and other evidence. (e) Notice to Law Enforcement; Civil Enforcement by Attorney General (1) In general The Attorney General may bring a civil action in the appropriate United States district court against any covered entity that engages in conduct constituting a violation of section 4. (2) Penalties (A) In general Upon proof of such conduct by a preponderance of the evidence, a covered entity shall be subject to a civil penalty of not more than $1,000 per individual whose personal information was or is reasonably believed to have been accessed or acquired as a result of the breach of security that is the basis of the violation, up to a maximum of $100,000 per day while such violation persists. (B) Limitations The total amount of the civil penalty assessed under this subsection against a covered entity for acts or omissions relating to a single breach of security shall not exceed $1,000,000, unless the conduct constituting a violation of section 4 was willful or intentional, in which case an additional civil penalty of up to $1,000,000 may be imposed. (C) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amounts specified in subparagraphs (A) and (B) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Injunctive actions If it appears that a covered entity has engaged, or is engaged, in any act or practice that constitutes a violation of section 4, the Attorney General may petition an appropriate United States district court for an order enjoining such practice or enforcing compliance with section 4. (4) Issuance of order A court may issue such an order under paragraph (3) if it finds that the conduct in question constitutes a violation of section 4. (f) Concealment of breaches of security (1) In general Chapter 47 1041. Concealment of breaches of security involving personal information (a) In general Any person who, having knowledge of a breach of security and of the fact that notification of the breach of security is required under the Data Security and Breach Notification Act of 2014 (b) Person defined For purposes of subsection (a), the term person (c) Enforcement authority (1) In general The United States Secret Service and the Federal Bureau of Investigation shall have the authority to investigate offenses under this section. (2) Construction The authority granted in paragraph (1) shall not be exclusive of any existing authority held by any other Federal agency. . (2) Conforming and technical amendments The table of sections for chapter 47 1041. Concealment of breaches of security involving personal information. . 6. Definitions In this Act: (1) Breach of security (A) In general The term breach of security (B) Exclusions The term breach of security (i) a good faith acquisition of personal information by a covered entity, or an employee or agent of a covered entity, if the personal information is not subject to further use or unauthorized disclosure; (ii) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or an intelligence agency of the United States, a State, or a political subdivision of a State; or (iii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements. (2) Commission The term Commission (3) Covered entity The term covered entity (4) Data in electronic form The term data in electronic form (5) Designated entity The term designated entity (6) Encryption The term encryption (7) Identity theft The term identity theft section 1028A (8) Major credit reporting agency The term major credit reporting agency Fair Credit Reporting Act (9) Personal information (A) Definition The term personal information (i) a non-truncated social security number; (ii) a financial account number or credit or debit card number in combination with any security code, access code, or password that is required for an individual to obtain credit, withdraw funds, or engage in a financial transaction; or (iii) an individual’s first and last name or first initial and last name in combination with— (I) a driver’s license number, a passport number, or an alien registration number, or other similar number issued on a government document used to verify identity; (II) unique biometric data such as a finger print, voice print, retina or iris image, or any other unique physical representation; (III) a unique account identifier, electronic identification number, user name, or routing code in combination with any associated security code, access code, or password that is required for an individual to obtain money, goods, services, or any other thing of value; or (IV) 2 of the following: (aa) Home address or telephone number. (bb) Mother’s maiden name, if identified as such. (cc) Month, day, and year of birth. (B) Modified definition by rulemaking If the Commission determines that the definition under subparagraph (A) is not reasonably sufficient to protect individuals from identity theft, fraud, or other unlawful conduct, the Commission by rule promulgated under section 553 personal information (10) Service provider The term service provider 7. Effect on other laws (a) Preemption of state information security laws (1) Covered entities under section 5(a) With respect to a covered entity subject to the Act under section 5(a), this Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State that expressly— (A) requires information security practices and treatment of data containing personal information similar to any of those required under section 2; or (B) requires notification to individuals of a breach of security as defined in section 6. (2) Covered entities under section 5(b) With respect to a covered entity subject to the Act under section 5(b), this Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State that expressly requires notification to individuals of a breach of security as defined in section 6. (b) Additional preemption (1) In general No person other than a person specified in section 5(d) may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating any provision of this Act. (2) Protection of consumer protection laws Except as provided in subsection (a) of this section, this subsection shall not be construed to limit the enforcement of any State consumer protection law by an attorney general of a State. (c) Protection of certain State laws This Act shall not be construed to preempt the applicability of— (1) State trespass, contract, or tort law; or (2) any other State laws to the extent that those laws relate to acts of fraud. (d) Preservation of FTC authority Nothing in this Act may be construed in any way to limit or affect the Commission's authority under any other provision of law. 8. Effective date This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act.

Data Security and Breach Notification Act of 2014

Honor Our Promise Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Amends the Internal Revenue Code to require taxpayers who are claiming the refundable portion of the child tax credit to include the name and taxpayer identification number (e.g., social security number) of their qualifying child on their tax returns.

To repeal section 403 of the Bipartisan Budget Act of 2013, relating to an annual adjustment of retired pay for members of the Armed Forces under the age of 62, and to provide an offset. 1. Short title This Act may be cited as the Honor Our Promise Act 2. Repeal of reductions made by Bipartisan Budget Act of 2013 (a) Adjustment of retirement pay Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. (b) Conforming amendment Title X of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76 3. Social Security number required to claim the refundable portion of the child tax credit (a) In general Subsection (e) of section 24 (e) Identification requirement with respect to qualifying children (1) In general Subject to paragraph (2), no credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year. (2) Refundable portion Subsection (d)(1) shall not apply to any taxpayer with respect to any qualifying child unless the taxpayer includes the name and social security number of such qualifying child on the return of tax for the taxable year. . (b) Omission treated as mathematical or clerical error Subparagraph (I) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (I) an omission of a correct TIN under section 24(e)(1) (relating to child tax credit) or a correct Social Security number required under section 24(e)(2) (relating to refundable portion of child tax credit), to be included on a return, . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. February 3, 2014 Read the second time and placed on the calendar

Honor Our Promise Act

Increasing Primary Care Access Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to, and enter contracts with, schools of medicine and osteopathic medicine to assist the schools in supporting programs of excellence in primary care. Amends title XVIII (Medicare) of the Social Security Act to require the Secretary to establish and implement procedures under which the amount of payments that a subsection (d) hospital would otherwise receive for indirect medical education costs for discharges occurring during an applicable period is adjusted based on the performance of the hospital on measures specified by the Secretary. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Prohibits the Secretary from consulting with an organization representing physicians on adjustments to the fee schedule for physicians' services if the organization uses a group to formulate recommendations regarding such adjustments unless at least 40% of the group are board certified and practicing physicians in specified primary care fields. Directs the Secretary to establish a pilot program to provide funding for graduate medical residency training programs in primary care. Requires the Secretary to award grants or enter into contracts for the establishment of six to eight Regional Centers for Health Workforce Analysis to allocate funds to in-need primary care residency programs. Increases the federal medical assistance percentage (FMAP) for amounts expended on targeted graduate medical education in certain areas in need of primary care health professionals for a state which expanded Medicaid under the Patient Protection and Affordable Care Act. Reauthorizes a program of payments to teaching health centers.

To increase access to primary care services through training and accountability improvements. 1. Short title; table of contents (a) Short title This Act may be cited as the Increasing Primary Care Access 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. Findings. Sec. 3. Centers of Excellence in Primary Care. Sec. 4. Medicare Indirect Medical Education (IME) performance adjustment and primary care training bonus. Sec. 5. Increasing Medicare graduate medical education transparency. Sec. 6. Ensuring appropriate representation of primary care physicians on groups making recommendations regarding relative values under the Medicare physician fee schedule. Sec. 7. Primary care project. Sec. 8. Regional centers for health workforce analysis. Sec. 9. Payments for graduate medical education under the Medicaid program. Sec. 10. National Center for Health Care Workforce Analysis. Sec. 11. Teaching health center reauthorization. Sec. 12. GAO studies on graduate medical education. 2. Findings Congress makes the following findings: (1) A well prepared, effective primary care workforce can reduce health care costs and play a large role in the prevention and management of illness. A one-unit increase in primary care physicians per 10,000 population is associated with improved health outcomes such as all-cause, cancer, heart disease, and stroke mortality, as well as increased life expectancy. (2) Primary care physicians include those trained in family medicine, general internal medicine, general pediatrics, and in some cases, gynecology. One primary care physician will generate 6 to 23 jobs in the community served by such physician, $900,000 to $1,200,000 in wages, salaries, and benefits, and nearly $100,000 in State and local taxes. (3) As of 2011, only 32 percent of the physician workforce is comprised of primary care and only between 16 to 18 percent of graduates of allopathic medical schools are likely to pursue a career in primary care. (4) Primary care supply has a positive effect on the entire population, but the effect is greater in areas with higher income inequality and poverty, such as rural areas. Only about 10 percent of physicians in America practice in rural areas while 20 percent of the United States population is located in rural areas. (5) Geographic areas with more general and family physicians per population have lower rates of mortality and hospitalization for conditions that should be preventable or detected early, such as diabetes, congestive heart failure, and hypertension. (6) As of May 2011, there were 6,419 primary care health professional shortage areas, comprised of 66,300,000 individuals. It would take 17,636 practitioners to meet such individuals' need for primary care providers. 3. Centers of Excellence in Primary Care Part C of title VII of the Public Health Service Act ( 42 U.S.C. 293k III Centers of Excellence in Primary Care 749C. Centers of Excellence in Primary Care (a) In general The Secretary shall make grants to, and enter into contracts with, schools of medicine and osteopathic medicine for the purpose of assisting the schools in supporting programs of excellence in primary care. (b) Eligible schools To be eligible to receive a grant under subsection (a), a school of medicine or osteopathic medicine shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including a description of innovative ideas that applicants propose to increase recruitment and retention in primary care, including pipeline, admissions, curriculum, mentoring, preparation for residency, and related purposes. (c) Selection of recipients (1) In general The Secretary shall award a grant under this section to not less than 6 and not more than 10 eligible schools of medicine and osteopathic medicine. Such selected schools shall be designated as Centers of Excellence in Primary Care. (2) Requirements relating to rural and underserved areas Of the schools designated under paragraph (1)— (A) not less than 4 and not more than 7 shall be located in a rural area; and (B) not less than 2 and not more than 3 shall be located in a medically underserved area. (d) Use of funds A school of medicine or osteopathic medicine designated as a Center of Excellence under this section shall, in using funds provided under the grant, give funding priority to— (1) making medical school affordable for each admitted and graduated student, including through significant tuition scholarships, tuition remissions, and stipends, especially for low-income students, and other provisions, such as loan forgiveness for graduates who practice primary care for a specified duration of time; (2) conducting admissions processes that favor students who will work in rural and medically underserved areas, and consider factors such as rural birth, minority status or upbringing, and desire to serve rural and medically underserved populations; (3) developing curricula models and innovations that expedite medical school training, build needed skills for modern medical practice, and enhance affinity of graduates for practice in rural and medically underserved areas (which may include 3-year undergraduate medical education models, rural and inner city rotations, and mentoring with rural physicians); (4) research whether students completing a service requirement in a rural or underserved area as part of the criteria for graduation improves access to care in such area; (5) implement tracking systems that— (A) assess practice patterns of medical school graduates and require annual reports on this information for the duration of the grant program; and (B) track all loan repayment and scholarship disbursements to assure that program goals are being met with regard to recipients serving in desired locations with expected populations of need for a minimum required amount of time; and (6) having interprofessional primary care health professions community-based service learning models for primary care residents, and include clerkships and continuity clinic experiences for medical, nurse practitioner, and physician assistant students interested in primary care. . 4. Medicare Indirect Medical Education (IME) performance adjustment and primary care training bonus (a) In general Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (1) by redesignating the clause (x) as added by section 5505(b) of the Patient Protection and Affordable Care Act as clause (xi); and (2) by adding at the end the following new clauses: (xii) Adjustment for performance (I) In general The Secretary, in consultation with the advisory body under clause (xiii), shall establish and implement procedures under which the amount of payments that a hospital would otherwise receive for indirect medical education costs under this subparagraph for discharges occurring during an applicable period is adjusted based on the performance of the hospital on measures specified by the Secretary. (II) Measures The measures specified by the Secretary under this clause shall include measures on quality measurement and improvement, evidence-based medicine, interprofessional teamwork, multidisciplinary teamwork, care coordination, and health information technology. Such measures shall include factors that promote training in primary care, such as— (aa) resident training in outpatient and community settings, including Federally qualified health centers, rural health clinics, teaching health centers, rural medical practices, facilities operated by the Veterans Administration, Indian Health Service facilities, including primary care training sites that are carried out through self determination contracts and are located in a rural or primary care health professional shortage area; (bb) salary and loan conditions for primary care residents; (cc) the percentage of all graduates practicing primary care 5 years after graduation; (dd) the percentage of all graduates practicing primary care in health professional shortage areas 5 years after graduation; (ee) the percentage of all primary care graduates from underrepresented minority groups, including African-Americans, Hispanic-Americans, and Native Americans, as well as other underserved populations; (ff) how the residency is responding to the workforce needs identified by State and regional centers for workforce analysis established under the National Center for Health Care Workforce Analysis or the National Health Care Workforce Commission; (gg) the provision of service to all socioeconomic levels of patients, including but not limited to Medicaid program populations; (hh) mentoring curriculum in primary care; (ii) systems-based practice, including training in new forms of delivery system models, such as care coordination, accountable care organizations, and patient-centered medical homes; and (jj) training in preventive care, chronic disease management, and population health and public health. (III) Initial measure development timeline (aa) Proposed set of measures Not later than January 1, 2016, the Secretary shall publish in the Federal Register a proposed set of measures for use under this clause. The Secretary shall provide for a period of public comment on such measures. (bb) Final set of measures Not later than June 30, 2016, the Secretary shall publish in the Federal Register the final set of measures to be specified by the Secretary for use under this clause. (IV) Adjustment Subject to subclause (V), the Secretary shall determine the amount of any adjustment under this clause to payments to a hospital under this subparagraph in an applicable period. (V) Budget-neutral with respect to payments that would otherwise be made In making adjustments under this clause, the Secretary shall ensure that the total amount of payments made to all hospitals under this subparagraph for an applicable period is equal to the total amount of payments that would have been made to such hospitals under this subparagraph in such period if this clause had not been enacted. (VI) Primary care defined In this clause, the term primary care (VII) Applicable period defined In this clause, the term applicable period (xiii) Use of advisory body (I) In general Subject to subclause (III), the Secretary shall establish an advisory group to advise the Secretary on the application of clause (xii), including the development of the measures to be used, how data on the measures may be collected, which measures will be required in any given reporting period, the applicable thresholds for the measures, and the mechanisms to be used in order to determine whether a hospital has met a threshold. (II) Make-up of group The advisory group established under subclause (I) shall include— (aa) representatives of accrediting and certifying organizations; (bb) representatives of facilities that receive payments under this subparagraph; (cc) representatives of specialty boards and primary care boards; (dd) representatives of high-performing health care systems; (ee) experts in family medicine, primary care, and preventive medicine; (ff) representatives of public and private purchasers; (gg) representatives of consumer and patient organizations, especially those from rural areas; and (hh) other entities and individuals as determined by the Secretary of Health and Human Services. (III) Use of existing entity If the Secretary determines that an existing entity is comprised of the individuals described in subclause (II) and that such entity has the expertise to advise the Secretary on the matters described in subclause (I), the Secretary may enter into an arrangement with such entity to advise the Secretary on such matters rather than establishing a new advisory group under subclause (I). . (b) GAO study and report (1) Study The Comptroller General of the United States shall conduct a study on the application of clause (xii) of section 1886(d)(5)(B) of the Social Security Act, as added by subsection (a), including an analysis of any changes in workforce patterns as a result of the application of such clause. (2) Report Not later than January 1, 2018, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate. 5. Increasing Medicare graduate medical education transparency (a) In general Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the graduate medical education payments that hospitals and other facilities receive under the Medicare program. The report shall include the following information with respect to each hospital or facility that receives such payments: (1) The direct graduate medical education payments made to the hospital or other facility under section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (2) The indirect medical education payments made to the hospital or other facility under section 1886(d)(5)(B) of such Act ( 42 U.S.C. 1395ww(d)(1)(B) (3) The number of residents counted for purposes of making the payments described in paragraph (1). (4) The number of residents counted for purposes of making the payments described in paragraph (2). (5) The number of residents, if any, that are not counted for purposes of making payments described in paragraph (1). (6) The number of residents, if any, that are not counted for purposes of making payments described in paragraph (2). (7) The percent that the payments described in paragraphs (1) and (2) that are made to the hospital or other facility make up of the total costs that the hospital or other facility incurs in providing graduate medical education, including salaries, benefits, operational expenses, and all other patient care costs. (8) The number of residents training in each specialty. (9) A list that identifies any training partners and the sponsoring institutions for each residency program. 6. Ensuring appropriate representation of primary care physicians on groups making recommendations regarding relative values under the Medicare physician fee schedule Section 1848(c)(2)(B)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(iii) The Secretary may not consult with an organization representing physicians if the organization uses a group to formulate recommendations regarding adjustments under clause (i) unless at least 40 percent of the members of the group are physicians who are board certified and actively practicing in family medicine, general internal medicine, general pediatrics, preventive medicine, obstetrics and gynecology, or psychiatry. 7. Primary care project (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Application and selection of sites (1) In general An entity shall be eligible to participate in the project under this section if such entity— (A) is— (i) a community-based corporate entity collaborating with 1 or more hospitals to operate a primary care residency program; (ii) a medical education entity established by 1 or more hospitals to operate a primary care residency program; (iii) a hospital subsidiary or independent corporation operating a primary care residency program; (iv) a medical education entity, independent of a hospital, collaborating with a primary care residency program; or (v) another type of entity as determined appropriate by the Secretary; and (B) submits an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection of participants The Secretary shall select, from the eligible entities under paragraph (1), 4 entities to participate in the project. Not less than 1 selected entity shall be an entity that is not a hospital. (c) Activities under the project In carrying out the project, the Secretary shall— (1) structure the funding of the project such that payments are made directly to the entity participating in the project; (2) support primary care training in all sites where care is delivered, including non-hospital settings such as Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) (3) (A) increase funding for the primary care residency programs of the participating entities such that those primary care residency programs are funded at the 90th percentile of all residency programs nationally and are funded at levels that equal at least $100,000 per resident involved; and (B) ensure that entities participating in the project use the funding under the project to provide infrastructure support and recruitment and retention support for faculty and residents of the primary care residency program, including loan repayment for such residents; (4) require training in rural and medically underserved areas, and with medically underserved populations (as defined in section 330(b) of the Public Health Service Act (42 U.S.C. 254b(b))) and service in such areas for a minimum of two rotations of not less than four weeks each year; and (5) permit the primary care residency program of the participating entities to qualify for payment under section 1886(d)(5)(B)(xii) of the Social Security Act (as added by section 4) if such entities receive an appropriate score (as determined by the Secretary) on the measures specified by the Secretary under such section. (d) Term of project The Secretary shall carry out the project under this section for a term of at least 6 years. (e) Evaluation (1) In general Not later than 1 year after the commencement of the project, and each year thereafter, the Secretary shall conduct an of evaluation the project. (2) Content The Secretary shall conduct the evaluation under paragraph (1) using the following criteria: (A) The percentage of graduates from the primary care residency programs of the participating entities that are practicing primary care 2 years after graduation, and longer. (B) The percentage of graduates from the primary care residency programs of the participating entities that are practicing in a health professional shortage area (as defined in section 332 of the Public Health Service Act ( 42 U.S.C. 254e (C) Other criteria as determined appropriate by the Secretary. (f) Authorization of appropriation There are authorized to be appropriated to carry out this section $3,600,000 for each of fiscal years 2015 through 2019. 8. Regional centers for health workforce analysis (a) In general Section 761(c) of the Public Health Service Act (42 U.S.C. 294n(c)) is amended by adding at the end the following— (3) Establishment of new Centers and funding to primary care residency programs (A) Establishment of new Centers (i) In general Not later than 1 year after the date of enactment of the Increasing Primary Care Access Act of 2014 (ii) Requirements In awarding grants or entering into contracts under clause (i), the Secretary shall— (I) ensure that each Regional Center for Health Workforce Analysis established under this paragraph is located in the geographic region that the Center covers; and (II) seek to award such grants or enter into contracts with eligible entities that are multi-State consortia. (B) Distribution of funding to primary care residency programs (i) In general Each Regional Center for Health Workforce Analysis established pursuant to a grant or contract under subparagraph (A) shall, from the funds described in subparagraph (D), allocate funding to primary care residency programs— (I) within the region served by the Regional Center for Health Workforce Analysis; and (II) that the Center has identified as a primary care residency program in need. (C) Consultation Each Regional Center for Health Workforce Analysis established pursuant to a grant or contract under this subsection shall establish a consortium of academic institutions with which the Center shall consult in determining allocations under subparagraph (B). (D) Funding (i) Authorization of appropriations For each fiscal year, there is authorized to be appropriated to carry out this paragraph $4,000,000, of which not less than $500,000 shall be allocated to each Regional Center for Health Workforce Analysis established under this paragraph. (ii) Use of funds to establish new Centers Each entity receiving funds under this paragraph may use a portion of such funding to establish the Regional Center for Health Workforce Analysis. . (b) Conforming amendment Section 761(e)(2) of the Public Health Service Act (42 U.S.C. 294n(e)(2)) is amended by striking subsection (c) paragraphs (1) and (2) of subsection (c) 9. Payments for graduate medical education under the Medicaid program (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (ee) Increased FMAP for targeted graduate medical education in Expansion States (1) In general The term medical assistance (2) Increased FMAP for Expansion States that expand targeted graduate medical education Notwithstanding subsection (b), with respect to amounts expended by an Expansion State for medical assistance for targeted graduate medical education that is above the level of expenditures made by the Expansion State for such graduate medical education for 2014, the Federal medical assistance percentage shall be equal to— (A) 100 percent for amounts expended in calendar quarters in 2015, 2016, or 2017; (B) 95 percent for amounts expended in calendar quarters in 2018; (C) 94 percent for amounts expended in calendar quarters in 2019; (D) 93 percent for amounts expended in calendar quarters in 2020; and (E) 90 percent for amounts expended in calendar quarters in 2021 or in each year thereafter. (3) Definitions In this subsection: (A) Expansion State The term Expansion State Public Law 111–148 (B) Targeted graduate medical education The term targeted graduate medical education (C) Primary care The term primary care . (b) Effective date The amendments made by this section shall take effect on January 1, 2015. Nothing in this section shall be construed as affecting payments made before such date under a State plan under title XIX of the Social Security Act for graduate medical education. 10. National Center for Health Care Workforce Analysis Section 761(b)(2)(A) of the Public Health Service Act ( 42 U.S.C. 294n(b)(2)(A) , including national and regional workforce issues related to spending under the Medicaid program under title XIX of the Social Security Act 11. Teaching health center reauthorization (a) Reauthorization of the teaching health centers program Section 340H of the Public Health Service Act ( 42 U.S.C. 256h (1) in subsection (g)— (A) by inserting before the period the following: , and not to exceed $800,000,000, for the period of fiscal years 2016 through 2020 (B) by adding at the end the following: Any amounts appropriated under this subsection for any of fiscal years 2011 through 2020 and remaining unexpended at the end of the fiscal year involved may be used in subsequent fiscal years to carry out this section. (2) in subsection (h)(2)— (A) in the paragraph heading, by adding at the end the following: ; submission to Congress (B) by adding at the end the following: (C) Submission to Congress The Secretary shall annually submit to Congress a report that contains a compilation of the data submitted to the Secretary under paragraph (1) for the year involved. ; (3) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; and (4) by inserting after subsection (g), the following: (h) Limitation The Secretary shall establish a minimum per resident per year payment amount for funding of all approved teaching health center graduate medical education positions under this section that shall be not less than the per resident per year payment amount as of January 1, 2013, and ensure that not less than such amount is provided to all teaching health center graduate medical education programs for all approved positions. . (b) Teaching health centers development grants Section 749A(g) of the Public Health Service Act ( 42 U.S.C. 293l–1(g) each fiscal year thereafter each of fiscal years 2013 through 2020 and each fiscal year thereafter 12. GAO studies on graduate medical education (a) Study The Comptroller General of the United States shall conduct a study on each of the following: (1) The potential of making graduate medical education payments under the Medicare program for mid-level health providers (such as physician assistants and nurse practitioners) in order to allow physicians and other health care providers to perform to their full scope of practice. (2) The actual costs involved in training residents in different residency specialty types. (b) Report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on each of the studies conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate.

Increasing Primary Care Access Act of 2014

USA Retirement Funds Act - Requires each employer (except certain small employers, governments, and churches) that does not maintain a qualifying plan or arrangement meeting specified criteria for any part of a calendar year to make available to each qualifying employee for the calendar year an automatic USA Retirement Fund arrangement. Defines an "automatic USA Retirement Fund arrangement" as one that covers each qualifying employee of the covered employer for the calendar year and under which a qualifying employee: (1) may elect to contribute to an automatic USA Retirement Fund through payroll deductions or other periodic direct deposits (including electronic payments), or to have such payments made to the employee directly in cash; (2) is treated as having made such an election in a certain amount unless the individual specifically elects not to have such contributions made or to have them made at a different percentage or in a different amount; and (3) may elect annually to modify the selection of the USA Retirement Fund to which contributions are made for such year. Requires an employer to make all contributions on behalf of employees to the USA Retirement Fund the employee has specified, or to the one designated by the employer if the employee has not selected one. Specifies requirements for the establishment of each USA Retirement Fund and its board of trustees. Limits an employer's contribution to a Fund on behalf of each employee to $5,000. Requires a Fund to pay benefits in the form of an annuity meeting certain criteria. Directs the Secretary of Labor (Secretary, unless otherwise provided) to recognize an independent, private Commission for USA Retirement Funds Funding to make recommendations on the funding of Funds. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that an employer shall not be a fiduciary with respect to the selection, management, or administration of a USA Retirement Fund solely because it makes the Fund available through an automatic USA Retirement Fund arrangement. Affirms a participating employer's responsibility, however, for meeting enrollment requirements and transmitting contributions. Prescribes civil monetary penalties and enforcement measures for employer failure to remit timely contributions to Automatic USA Retirement Fund arrangements, and criminal penalties for false statements. Amends ERISA to treat a pooled employer plan, under which a single individual account plan provides benefits to the employees of two or more employers, as a single employee pension benefit plan or single pension plan without regard to whether the participating employers share a common interest other than participation in the plan. Declares that a small employer that is a plan sponsor of an employee pension benefit plan shall not be liable for a breach of fiduciary responsibility of a small employer plan service provider with respect to the same plan if the small employer prudently selects and monitors the small employer plan named fiduciary. Declares the sense of Congress that a person may be providing investment advice meeting specified requirements when advising a plan participant to take a permissible plan distribution, and such advice is combined with a recommendation as to how the distribution should be invested. Directs the Comptroller General (GAO) to study the extent to which advisors, broker-dealers, and other financial professionals dealing with individual and employer-provided retirement plans are aware of, and receive ongoing training regarding, specified fiduciary requirements. Amends ERISA to require statements reporting a participant's benefit rights to illustrate the participant's benefit as an estimated lifetime income stream beginning at retirement. Prescribes safe harbor criteria for a fiduciary to satisfy requirements for the selection of an insurer and lifetime retirement income contract. Declares that the availability of annuity purchase rights, death benefit guarantees, investment guarantees, or other features in insurance contracts will not, in and of themselves, affect the status of a fund, product, or portfolio as a default investment. Limits the liability of a named fiduciary or any appointing fiduciary for any act or omission of the annuity administrator of an individual account plan. Amends ERISA and the Internal Revenue Code to prescribe requirements for treatment of a fixed annual crediting rate of 3% (or lower but not zero) for an applicable defined benefit plan (hybrid plan) as a reasonable minimum guaranteed rate of return. Authorizes the Secretary of the Treasury to prescribe by regulation that a rate of return available in the market, and based exclusively or primarily on the returns on employer securities, on alternative investments generally not appropriate as an exclusive or primary investment for retirement, or on other similar investments, is not permitted if it: (1) is designed to evade the requirement that any interest credit (or an equivalent amount) for any plan year under the terms of an applicable defined benefit plan be at a rate not greater than a market rate of return, and (2) is not consistent with the purposes of a defined benefit plan. Prescribes requirements to protect plan participants from retroactive benefit decreases and plan freezes. Formulates a special rule for determining normal retirement age for certain existing defined benefit plans. Prohibits the Pension Benefit Guaranty Corporation (PBGC) from bringing any new action against a plan sponsor to enforce before January 30, 2016, the (shutdown) liability of an employer that ceases operations at a facility and as a result more than 20% of the total number of its employees participating under a plan established and maintained by the employer are separated from employment. Directs GAO to study the effectiveness, fairness, and utility of such shutdown liability requirements. Revises requirements for determination of the alternative funding target attainment percentage with respect to the prohibition against a single-employer plan's providing an unpredictable contingent event benefit if the adjusted funding target attainment percentage for a plan year is less than 60%, or would be less than 60% taking into account that specified occurrence. Requires the alternative funding target attainment percentage to be determined without regard to reductions by the amount of the prefunding balance and the funding standard carryover balance otherwise deemed for the value of plan assets in certain circumstances. Revises or prescribes requirements for: (1) the method for determining changes for quarterly contributions, (2) a plan sponsor election to discount contributions from a final due date, (3) the timeliness of plan sponsor elections and notices, (4) multiemployer plan disclosures and reporting, (5) the payment of lump sum distributions in bankruptcy, (6) PBGC authority to institute proceedings to terminate a plan, and (7) appointment of the PBGC to administer a plan. Directs the Secretary of Labor, the Secretary of the Treasury, and the PBGC jointly to establish an electronic database containing each: (1) defined benefit plan funding notice submitted to the PBGC by a multiemployer plan, (2) report submitted by a multiemployer plan with respect to whether it is in endangered and critical status or making scheduled progress in meeting the requirements of a funding improvement or rehabilitation plan, and (3) notice submitted to the Secretary of Labor and the PBGC by a multiemployer plan on whether it is or will be in endangered or critical status for a plan year. Makes technical modifications to the formula for determining the liability of any person who is, on the date a single-employer plan is terminated in a distress termination or one otherwise instituted by the PBGC, a contributing sponsor of the plan, or a member of such a contributing sponsor's controlled group. Authorizes the PBGC to apply to the appropriate U.S. district court for a decree enforcing a determination that a plan be terminated. Authorizes the PBGC to issue regulations to require plan sponsors or plan administrators to maintain records necessary to enable them to determine benefits as of a plan termination date. Repeals the requirement that the terminating date of a pension plan for PBGC purposes be the date the plan sponsor files for bankruptcy. Authorizes the Secretary, if an accountant or accounting firm has engaged in any act or practice, or failed to act, in violation of requirements for the preparation and issuance of audit reports, or of professional standards, to issue an order to bar an accountant or accounting firm (or one of its divisions or components), on a temporary or permanent basis, from directly or indirectly engaging in specified activities relating to performing or supervising plan audits. Requires a plan administrator to account separately for 50% of a participant's benefits during a specified segregation period if an action concerning such benefits is pending pursuant to a state domestic relations law. Makes it unlawful for any person to discharge, fine, suspend, expel, or discriminate against any person because he has filed or made any oral or written complaint (including to a fiduciary, an employer, or the Secretary) in any inquiry or proceeding relating to ERISA or the Welfare and Pension Plans Disclosure Act.

To provide for USA Retirement Funds, to reform the pension system, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the USA Retirement Funds Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—USA Retirement funds Sec. 101. Automatic USA Retirement Fund arrangements. Sec. 102. Establishment of USA Retirement Funds. Sec. 103. Commission on USA Retirement Funds. Sec. 104. Limitation on employer liability. Sec. 105. Enforcement and fraud prevention. TITLE II—Defined contribution plan reforms Subtitle A—Savings enhancements Sec. 201. Pooled employer plans. Sec. 202. Pooled employer and multiple employer plan reporting. Subtitle B—Participant Protections Sec. 211. Alternative fiduciary arrangements to protect plan participants. Sec. 212. Rollover protections. Subtitle C—Lifetime income Sec. 221. Lifetime income disclosure. Sec. 222. Lifetime income safe harbor. Sec. 223. Default investment safe harbor clarification. Sec. 224. Administration of joint and survivor annuity requirements. TITLE III—Defined benefit system reforms Subtitle A—Defined benefit pension plan reforms Sec. 301. Hybrid plans. Sec. 302. Clarification of the normal retirement age. Sec. 303. Moratorium on imposition of shutdown liability. Sec. 304. Alternative funding target attainment percentage determined without regard to reduction for credit balances. Sec. 305. Method for determining changes for quarterly contributions. Sec. 306. Election to discount contributions from final due date. Sec. 307. Simplification of elections and notices. Sec. 308. Improved multiemployer plan disclosure. Subtitle B—Improvements to the pension insurance program Sec. 311. Modifications of technical changes made by the Pension Protection Act of 2006 to termination liability. Sec. 312. Payment of lump sum distributions in bankruptcy. Sec. 313. Trusteeship clarifications. Sec. 314. Recordkeeping for terminating plans. Sec. 315. Termination date in bankruptcy. TITLE IV—Other systemic reforms Sec. 401. Plan audit quality improvement. Sec. 402. Special rules relating to treatment of qualified domestic relations orders. Sec. 403. Correction to bonding requirement. Sec. 404. Retaliation protections. I USA Retirement funds 101. Automatic USA Retirement Fund arrangements (a) Requirement To provide access Each covered employer shall make available to each qualifying employee for the calendar year an automatic USA Retirement Fund arrangement. (b) Covered employer For purposes of this title— (1) In general Except as otherwise provided in this subsection and subsection (c)(2), the term covered employer (2) Qualifying plan or arrangement (A) In general The term qualifying plan or arrangement section 219(g)(5) (B) Exceptions Such term shall not include the following: (i) Frozen defined benefit plan A defined benefit plan that had no ongoing accruals as of the first day of the preceding calendar year, unless the plan failed to have accruals only because of the application of section 206 of the Employee Retirement Income Security Act ( 29 U.S.C. 1056 section 436 (ii) Defined contribution plan without lifetime income options A defined contribution plan that does not provide participants with a distribution option that provides lifetime income. (iii) Plans not meeting contribution requirements A plan— (I) which consists of a cash or deferred arrangement (as defined in section 401(k) of such Code) with respect to which the employer does not automatically enroll all eligible employees at contribution rates at or above those specified in subsection (d)(4); or (II) for which the only contributions are nonelective employer contributions and with respect to which the employer’s annual contribution rate is not at or above the rates specified in subsection (d)(4). (3) Exception for certain small and new employers (A) In general The term covered employer (i) did not employ during the preceding calendar year more than 10 employees who each received at least $5,000 of compensation (as defined in section 3401(a) of the Internal Revenue Code of 1986) from the employer for such preceding calendar year; (ii) did not normally employ more than 10 employees on a typical business day during the preceding calendar year; or (iii) was not in existence at all times during the calendar year and the preceding calendar year. (B) Operating rules In determining the number of employees for purposes of subparagraph (A)— (i) rules consistent with any rules applicable in determining the number of employees for purposes of section 408(p)(2)(C) and section 4980B(d) of the Internal Revenue Code of 1986 shall apply; (ii) all members of the same family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) shall be treated as 1 individual; and (iii) any reference to an employer shall include a reference to any predecessor employer. (4) Exception for governments and churches The term covered employer (A) a government or entity described in section 414(d) (B) a church or a convention or association of churches that is exempt from tax under section 501 of such Code. (5) Aggregation rule A person treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 or subsection (m) or (o) of section 414 of such Code shall be treated as a single employer. (c) Qualifying employee For purposes of this title— (1) In general The term qualifying employee (2) Plan sponsor's employees If— (A) an employer maintains one or more qualifying plans or arrangements described in section 219(g)(5) of the Internal Revenue Code of 1986; and (B) the employees of a subsidiary, division, or other business unit are generally not eligible to participate in any such qualifying plan or arrangement, for purposes of this section, the employer shall be treated as a covered employer with respect to such employees (other than excluded employees), and such employees (other than excluded employees) shall be treated as qualifying employees for the calendar year. (3) Excluded employees (A) In general The term excluded employee (B) Excludable employee The term excludable employee (i) an employee described in section 410(b)(3) (ii) an employee who has not attained the age of 21 before the beginning of the calendar year; (iii) an employee who has not completed at least 3 months of service with the employer; (iv) in the case of an employer that maintains a qualifying plan or arrangement which excludes employees who have not satisfied the minimum age and service requirements for participation in the plan, an employee who has not satisfied such requirements; (v) in the case of an employer that maintains an annuity contract (including a custodial account or retirement income account) under section 403(b) of the Internal Revenue Code of 1986, an employee who is permitted to be excluded from any salary reduction arrangement under the contract pursuant to paragraph (12) of such section 403(b); (vi) in the case of an employer that maintains an arrangement described in section 408(p) of such Code, an employee who is not required to be eligible to participate in the arrangement under paragraph (4) of such section 408(p); and (vii) in the case of an employer that maintains a simplified employee pension described in section 408(k) of such Code, an employee who is permitted to be excluded from participation under paragraph (2) of such section 408(k). (4) Guidance The Secretary of Labor (in this title referred to as the Secretary (A) guidelines for determining the classes or categories of employees to be covered by a USA Retirement Fund; (B) guidelines requiring employers to specify the classification or categories of employees (if any) who are excluded from the USA Retirement Fund; and (C) rules to prevent avoidance of the requirements of this section. (d) Automatic USA Retirement Fund arrangement For purposes of this title— (1) In general The term automatic USA Retirement Fund arrangement (A) that covers each qualifying employee of the covered employer for the calendar year; (B) under which a qualifying employee— (i) may elect— (I) to contribute to an automatic USA Retirement Fund by having the employer deposit payroll deduction amounts or make other periodic direct deposits (including electronic payments) to the Fund; or (II) to have such payments paid to the employee directly in cash; (ii) is treated as having made the election under clause (i)(I) in the amount specified in paragraph (4) unless the individual specifically elects not to have such contributions made (or specifically elects to have such contributions made at a different percentage or in a different amount); and (iii) not more than once per calendar year, may elect to modify the selection of the USA Retirement Fund to which contributions are made for such year; and (C) that meets the administrative requirements of paragraph (3), including the notice requirement of paragraph (3)(C). (2) Automatic re-enrollment An employee’s election not to contribute to a USA Retirement Fund (or to have such contributions made at a different percentage or in a different amount from those specified in paragraph (4)) shall expire after 2 years. After such 2-year period and absent a new election, the employee shall be treated as having made the election under paragraph (1)(B)(i)(I) in the amount specified in paragraph (4). (3) Administrative requirements (A) Payments An employer shall make the payments elected or treated as elected under paragraph (1)(B) on or before— (i) the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash; or (ii) such later date as the Secretary may prescribe. (B) Termination of employee participation Subject to a requirement for reasonable notice, an employee may elect to terminate participation in the arrangement at any time during a calendar year. The arrangement may provide that, if an employee so terminates participation, the employee may not elect to resume participation until the beginning of the next calendar year. (C) Notice of election period The employer shall notify each employee eligible to participate for a year in a USA Retirement Fund arrangement, within a reasonable period of time before the 30th day before the beginning of such year (and, for the first year the employee is so eligible, the 30th day before the first day such employee is so eligible), of— (i) the payments that may be elected or treated as elected under paragraph (1)(B); (ii) the opportunity to make the election to terminate participation in the arrangement under subparagraph (B); (iii) the opportunity to make the election under paragraph (1)(B)(ii) to have contributions or purchases made at a different percentage or in a different amount; and (iv) the opportunity under paragraph (1)(B)(iii) to modify the manner in which such amounts are invested for such year. (D) Employees may choose usa retirement fund The arrangement shall provide that a qualified employee may elect to have contributions made to any USA Retirement Fund available to the employee. (4) Amount of contributions and payments The amount specified in this paragraph is— (A) 3 percent of compensation for the calendar year beginning on January 1, 2015; (B) 4 percent of compensation for the calendar year beginning on January 1, 2016; (C) 5 percent of compensation for the calendar year beginning on January 1, 2017; and (D) 6 percent of compensation for calendar years beginning after December 31, 2017. (5) Coordination with withholding The Secretary of the Treasury shall modify the withholding exemption certificate under section 3402(f) of the Internal Revenue Code of 1986 so that, in the case of any qualifying employee covered by a USA Retirement Fund arrangement, any notice and election requirements with respect to the arrangement may be met through the use of an attachment to such certificate or other modifications of the withholding exemption procedures. (e) Deposits to USA Retirement Funds (1) In general Except as provided in paragraph (2), an employer shall make all contributions on behalf of employees to the USA Retirement Fund specified by the employee. (2) USA retirement funds other than those selected by employee In the absence of an affirmative selection of a USA Retirement Fund by the employee, contributions on behalf of the employee shall be made to the USA Retirement Fund designated by the employer. (3) Regulations The Secretary may issue such regulations as are necessary to carry out this subsection. (f) Preemption of conflicting State laws The requirements under this section preempt any law of a State that directly or indirectly prohibits or restricts the establishment or operation of an automatic USA Retirement Fund arrangement. Nothing in this section shall be construed to impair or preempt any State law to the extent such State law provides a remedy for the failure to make payroll deposit payments under any such automatic USA Retirement Fund arrangement within the period required. 102. Establishment of USA Retirement Funds (a) Qualification as a USA Retirement Fund For purposes of this title— (1) In general The term USA Retirement Fund (2) Request for determination The board of trustees of a program established for purposes of being treated as a USA Retirement Fund under this section shall, prior to beginning operations, submit to the Secretary (at such time and in such manner as the Secretary may prescribe) a request for the Secretary to make a determination as to whether the plan meets the requirements of this title for such treatment. Such request shall include copies of the written documents establishing the plan and such other materials as the Secretary may request. The Secretary shall make such determination within 180 days of receiving such request. (3) Periodic review The Secretary shall establish a process to periodically review each plan determined to be a USA Retirement Fund under paragraph (1) to ensure that the plan continues to meet the requirements of this title. (4) Public list of plans The Secretary shall maintain a public list of plans determined by the Secretary to qualify as USA Retirement Funds. Such list shall be posted to a publicly available Internet website. (b) Participation (1) Eligibility An individual may participate in any USA Retirement Fund for which such individual meets the eligibility requirements, individually or through an arrangement established by an employer. (2) Participation in other plans An individual who participates in a USA Retirement Fund shall not be precluded from participating in a plan or arrangement described in section 219(g)(5) of the Internal Revenue Code of 1986. (c) Governance (1) Assets held in trust; board of trustees For purposes of this title— (A) the assets of each USA Retirement Fund shall be held in trust, and (B) the Fund shall be governed by a board of trustees which shall consist of at least 3 individuals who— (i) are independent of service providers to the Fund; (ii) meet the qualification requirements established under this section; and (iii) are collectively able to adequately represent the interests of active participants, retirees, and contributing employers. (2) Independence requirement An individual is not independent of Fund service providers for purposes of paragraph (1)(B)(i) if such individual— (A) is an employee of any Fund service provider; (B) is a current or former officer or director of a significant Fund service provider, or is otherwise affiliated with such a provider; (C) is a member of the immediate family of any person who is affiliated with a significant Fund service provider; (D) derives more than 1 percent of the individual's annual income from a significant Fund service provider; (E) derives more than 5 percent of the individual's annual income from any Fund service provider; or (F) fails to meet meets such other criteria as are specified by the Secretary to ensure the independence of the board of directors. (3) Multiple trusteeships No individual may serve on the board of trustees of more than 1 USA Retirement Fund unless the Secretary receives attestation from the board of trustees of each applicable USA Retirement Fund and the individual that, at the time of appointment, there is no reasonably foreseeable conflict between the duties of such individual to the participants in each applicable USA Retirement Fund. In no case may an individual serve on the boards of trustees of more than 3 USA Retirement Funds. (4) Trustee qualifications Each trustee of a USA Retirement Fund shall attest that the trustee is knowledgeable of the trustee's duties and responsibilities as a fiduciary of a USA Retirement Fund. The Secretary may require by regulation such other qualifications and documentation as may be necessary to ensure that trustees are suitable and qualified. Such requirements may include those related to education, training, and minimum competency standards. (5) Trustee selection and removal (A) In general Each board of trustees of a USA Retirement Fund shall establish written procedures regarding the appointment, removal, and replacement of trustees on the board. Such procedures shall— (i) take effect after adoption by the majority of the board of trustees; (ii) be readily available to participants; (iii) provide participants with a reasonable opportunity to comment on, or participate in, the trustee selection process; and (iv) provide for periodic election of trustees. (B) Removal by the secretary The Secretary may require removal or suspension of a trustee if the conduct of the trustee is fraudulent or is causing, or can be reasonably expected to cause, significant, imminent, and irreparable harm to the participants or beneficiaries of a USA Retirement Fund. (C) Funds without qualified trustees If a board of trustees of a USA Retirement Fund has no members meeting the criteria under this subsection, the Secretary shall appoint replacement trustees. (6) Trustee compensation Trustees of the Fund may be compensated at reasonable rates from the Fund, but only if such compensation is paid in accordance with the written board compensation policy adopted under paragraph (7)(A)(iv). (7) Transparency and participant democracy (A) Publicly available policies The board of trustees of a USA Retirement Fund shall adopt and make available to participants and beneficiaries of, and employers contributing to, the USA Retirement Fund— (i) a written investment policy statement; (ii) a written lifetime income policy statement; (iii) an annual performance assessment of the board of trustees, including an evaluation of weaknesses of the board and a plan to address such weaknesses; (iv) a written board compensation policy that includes current compensation levels and provides a reasonable opportunity for comment from participants, beneficiaries, and employers; and (v) a written policy addressing conflicts of interests with respect to trustees. (B) Participant input regarding board of trustees (i) In general The board of trustees of a USA Retirement Fund shall establish procedures whereby a participant or beneficiary of such USA Retirement Fund may— (I) petition the board of trustees to remove a trustee or service provider; (II) comment on the management and administration of the USA Retirement Fund; and (III) with respect to a USA Retirement Fund with more than $250,000,000 of assets, vote to approve or disapprove the compensation of the trustees at least once every 3 years. (ii) Effect of vote If participants and beneficiaries of a USA Retirement Fund vote to disapprove the compensation of trustees under clause (i)(III)— (I) the results of such vote shall not be binding on the board of trustees; and (II) the board of trustees shall notify the Secretary of the results of such vote and provide an explanation of why the compensation is reasonable or anticipated changes to the compensation. (8) Liability insurance for trustees The trustees of each USA Retirement Fund shall have fiduciary liability insurance with a per-claim limit equal to no less than the greater of— (A) 5 percent of plan assets; or (B) $1,000,000. (9) Trustee duties (A) In general The trustees of a USA Retirement Fund shall manage the Fund with the intention of providing each participant with a cost-effective stream of income in retirement and reducing benefit level volatility (particularly for those approaching retirement). (B) Applicability of other requirements Each trustee of a USA Retirement Fund shall be a fiduciary subject to sections 404(a), 404(b), 405, 406, and 408 through 413 of the Employee Retirement Income Security Act of 1974 with respect to the Fund and participants and beneficiaries of the Fund. Each such trustee shall be subject to the standards and remedies of such sections and section 502 of such Act, as if the Fund were an employee benefit plan. (d) Employer contribution limitation (1) In general Subject to paragraph (2), employers may, in addition to contributions an employee elects (or is treated as having elected) to have made, make a contribution of up to $5,000 per year to a USA Retirement Fund on behalf of each employee eligible to participate in a USA Retirement Fund, provided such contributions are made in a uniform manner (as the same dollar amount for each such employee or the same percentage of pay for each such employee) and are not intended to benefit solely highly compensated employees. (2) Annual indexing of amount The dollar amount under paragraph (1) shall be indexed annually for inflation. (e) Benefits in the form of an annuity (1) In general A USA Retirement Fund shall pay benefits in the form of an annuity in accordance with paragraph (2). The amount of such benefits shall be dependent on the amount of contributions made by the participant, the experience of the Fund, and the form of distribution elected by the participant. The amount of an annuity may be adjusted to reflect the experience of the Fund as necessary to protect the financial integrity of the Fund, except that annuity payments for those in pay status shall not be reduced more than 5 percent per year unless the Fund is faced with a significant financial hardship and the Secretary has approved the reduction. (2) Annuity A USA Retirement Fund shall pay benefits in accordance with one of the following: (A) In the case of a participant who does not die before the annuity starting date, the benefit payable to such participant shall be provided in the form of a qualified joint and survivor annuity (as defined in section 205(d)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(d)(1) (B) In the case of a participant who dies before the annuity starting date and who has a surviving spouse, a qualified preretirement survivor annuity (as defined in section 205(d)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1055(d)(2))) shall be provided to the surviving spouse of such participant. (C) In lieu of a qualified joint and survivor annuity form of benefit or the qualified preretirement survivor annuity form of benefit (or both), a participant may elect to receive a distribution described in subsection (f)(2) if one of the following conditions are met: (i) (I) The spouse of the participant consents in writing to the election. (II) Such election designates a beneficiary (or form of benefits) which may not be changed without spousal consent (or the consent of the spouse expressly permits designations by the participant without any requirement of further consent by the spouse). (III) The spouse’s consent acknowledges the effect of such election and is witnessed by a plan representative or a notary public. (ii) It is established to the satisfaction of a Fund representative that the consent required under subclause (I) cannot be obtained because there is no spouse, because the spouse cannot be located, or because of such other circumstances as the Secretary may by regulations prescribe. The consent of a spouse (or establishment that the consent of a spouse cannot be obtained) under this subparagraph shall be effective only with respect to such spouse. (3) Commencement of benefit payments A participant may elect the time to start receiving benefit payments from the USA Retirement Fund, except that a participant— (A) except as provided in subsection (f)(2)(B), may not elect to receive benefit payments before reaching the age of 60; and (B) must begin receiving benefit payments before the age of 72. (4) Notice Each Fund shall provide to each participant, within a reasonable period of time before the annuity starting date, a written explanation substantially similar to that required by section 205(c)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(c)(3) (5) Assignment or alienation of fund benefits Benefits under a USA Retirement Fund shall be subject to section 206(d) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d) (f) Limits on withdrawals and transfers (1) Transfers A participant may, not more frequently than once per year, transfer such participant's benefit to another USA Retirement Fund. (2) Limits on distributions (A) In general Except as provided in subparagraphs (B) and (C), a participant may not take a distribution other than one described in subsection (e)(2). (B) Participants aged 59 and younger A participant may before age 60 take a distribution of a portion of the participant's benefit if such distribution does not to exceed $5,500 and is rolled over to a qualifying plan or arrangement described in section 219(g)(5) of the Internal Revenue Code of 1986 or an individual retirement plan. (C) Participants aged 60 and older A participant who is 60 or older but who has not entered pay status may elect one time to take a distribution of the greater of $10,000 or 50 percent of the participant's benefit if the participant demonstrates to the satisfaction of the trustees of the Fund that the participant has sufficient retirement income apart from the Fund or is facing a substantial hardship. (g) Methods for providing annuitized benefit payments (1) In general A USA Retirement Fund shall establish and maintain mechanisms for adequately securing the payment of annuity benefits from the Fund. The Fund shall include a written description of such mechanisms in the investment and lifetime income policy statements required to be disclosed to participants. (2) Specific goals The mechanisms described in paragraph (1) shall ensure that— (A) each participant receives a stream of income for life; (B) each participant and beneficiary has an opportunity to be protected against longevity risk; and (C) volatility in benefit levels is minimized for participants and beneficiaries in pay status and those approaching pay status. (3) Self-annuitization (A) In general Notwithstanding any other provision of law, a USA retirement Fund may self-annuitize if the Fund meets such requirements as the Secretary establishes as necessary to protect participants and beneficiaries in consideration of the recommendations of the Commission under section 103. (B) Duty to address emerging issues The Secretary shall, periodically and in accordance with established procedures, update the funding requirements promulgated under this paragraph in response to changing economic and business conditions to the extent necessary to carry out the purposes of this Act, taking into consideration the recommendations of the Commission. (h) Reporting and disclosure (1) Annual statement The trustees of a USA Retirement Fund shall provide each participant in the Fund an annual statement of— (A) the estimated amount of the monthly benefit which the participant or beneficiary is projected to receive from the USA Retirement Fund, in the form of the default benefit described in the plan in accordance with subsection (e)(2); (B) an explanation, written in a manner calculated to be understood by the average plan participant, that includes interest and mortality assumptions used in calculating the estimate and a statement that actual benefits may be materially different from such estimate; (C) a disclosure of Fund fees and performance that is substantially similar to the disclosures required of individual account plans under the Employee Retirement Income Security Act of 1974; (D) any other disclosures, including projected benefit estimates, that the board of trustees of the USA Retirement Fund determines appropriate; and (E) such other disclosures as may be required by the Secretary. (2) Summary plan description The trustees of a USA Retirement Fund shall provide participants a summary plan description (as described in section 102 of the Employee Retirement Income Security Act ( 29 U.S.C. 1022 29 U.S.C. 1024(b) (3) Annual reports The trustees of a USA Retirement Fund shall file with the Secretary of Labor periodic reports in accordance with regulations promulgated by the Secretary. (4) Additional requirements Each USA Retirement Fund shall be subject to sections 106 and 107 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1026 103. Commission on USA Retirement Funds (a) Recognition of private commission The Secretary shall— (1) recognize an independent, private commission, to be known as the Commission for USA Retirement Funds Funding Commission (2) in carrying out the Secretary's duties under this title, consider the recommendations of such Commission. (b) Commission The Commission recognized under subsection (a) shall meet the following requirements: (1) Membership (A) Composition The Commission shall be composed of 9 members selected by the Secretary, in consultation with the Secretary of the Treasury, of whom no more than 5 may be from one political party. The Secretary shall designate one member of the Commission as the Chairman. No person may be appointed to the Commission if, during the 2-year period preceding the date of appointment, such person was a trustee of a USA Retirement Fund. (B) Date The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (C) Period of appointment; vacancies Members shall be appointed for terms of 2 years and may be appointed for consecutive terms. Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (2) Majority vote The Commission may act by majority vote of its members, provided that at least 7 members are present. (3) Commission personnel matters (A) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (C) Staff (i) In general The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (ii) Compensation The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (iii) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (iv) Procurement of temporary and intermittent services The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (4) Recommendations and regulations on funding and distribution requirements (A) In general After taking into consideration the recommendations of the Commission and providing the public notice and an opportunity for comment, the Secretary shall promulgate regulations with respect to funding and distribution requirements for USA Retirement Funds, as necessary or appropriate in the public interest and for the protection of participants and beneficiaries, including regulations described in subparagraphs (B) and (C). (B) Requirements relating to annuity payments made directly by a Fund The regulations under subparagraph (A) shall provide that in the case of annuity payments made directly by the Fund— (i) the maximum annuity payment for a participant or beneficiary shall be determined using the mortality tables and interest rates prescribed by the Secretary under subparagraph (C) at the time benefits commence; and (ii) the level of benefits paid may be adjusted periodically in order to reflect the mortality experience and the investment experience of the Fund, but only after the Fund has obtained a certification from a member of the American Academy of Actuaries that the adjustment is sustainable for the remaining lifetime of participants then receiving benefits, based on the mortality tables and interest rates prescribed under subparagraph (C) by the Secretary for that time. (C) Mortality tables and interest rates used requirements The regulations promulgated under subparagraph (A) shall include the following: (i) Mortality Tables (I) In general The Secretary shall prescribe mortality tables to be used in determining annuity payments made directly by the Fund. Such tables shall be based on the actual experience of insurance companies that issue group annuities and projected trends in such experience. In prescribing such tables, the Secretary shall take into account results of available independent studies of the mortality of individuals receiving annuities under group annuity contracts. (II) Periodic revisions of mortality tables The Secretary shall make revisions, to become effective as soon as practicable, in any mortality table in effect to reflect more recent actual experience of insurance companies that issue group annuities and projected trends in such experience. In revising such tables, the Secretary shall take into account the results of more recent available independent studies of the mortality and projected trends of individuals receiving annuities under group annuity contracts. (ii) Interest Rates The Secretary shall prescribe interest rates to be used in determining annuity payments made directly by the Fund. Such rates shall be based on the yields on investment grade corporate bonds with varying maturities and that are in the top 3 quality levels available. Interest rates shall be prescribed quarterly or more frequently, as determined by the Secretary. (5) Duty to address best practices The Commission shall prepare, and periodically update, a report that describes the best practices for the governance of boards of trustees of USA Retirement Funds, including board of trustee composition, appointment procedures, term length, term staggering, trustee qualifications, delegation of duties, and performance assessment procedures. 104. Limitation on employer liability Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. (e) An employer shall not be a fiduciary with respect to the selection, management or administration of a USA Retirement Fund solely because such employer makes available such Fund through an automatic USA Retirement Fund arrangement. Notwithstanding the preceding sentence, employers participating in a USA Retirement Fund shall be responsible for meeting the enrollment requirements and transmitting contributions, as required under the USA Retirement Funds Act . 105. Enforcement and fraud prevention (a) Penalty for failure To timely remit contributions to automatic USA Retirement Fund arrangements (1) In general If an employer is required under an automatic USA Retirement Fund arrangement to deposit amounts withheld from an employee's compensation into a USA Retirement Fund but fails to do so within the time prescribed under section 101(d)(3), such amounts shall be treated as assets of a USA Retirement Fund. (2) Failure to provide access to payroll savings arrangements (A) General rule A covered employer who fails to meet the requirements of section 101(a) for a calendar year shall be subject to a civil money penalty of $100 per calendar year for each employee to whom such failure relates. (B) Exceptions No civil money penalty shall be imposed under this paragraph for a failure to meet the requirements under section 101(a)— (i) during a period for which the Secretary determines that the employer subject to liability for the civil money penalty did not know that the failure existed and exercised reasonable diligence to meet the requirements of section 101(a); or (ii) (I) the employer subject to liability for the civil money penalty exercised reasonable diligence to meet the requirements of section 101(a); and (II) the employer provides the automatic USA Retirement Fund arrangement described to each employee eligible to participate in the arrangement by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence should have known, that such failure existed. (C) Waiver by the secretary In the case of a failure to meet the requirements of section 101(a) that is due to reasonable cause and not to willful neglect, the Secretary may, in the sole discretion of the Secretary, waive part or all of the civil money penalty imposed under this paragraph to the extent that the payment of such civil money penalty would be excessive or otherwise inequitable relative to the failure involved. (D) Procedures for notice The Secretary may prescribe and implement procedures for obtaining confirmation that employers are in compliance with subsection (a). The Secretary, in the discretion of such Secretary, may prescribe that the confirmation shall be obtained on an annual or less frequent basis, and may use for this purpose the annual report or quarterly report for employment taxes, or such other means as the Secretary may deem advisable. (b) Civil actions and enforcement (1) Administration and enforcement Part 5 of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 et seq. (2) Amendment Section 502(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 et seq. (A) in paragraph (9), by striking ; or ; (B) in paragraph (10), by striking the period at the end and inserting ; or (C) by adding at the end the following: (11) in the event that an employer fails to make timely contributions or payments to a USA Retirement Fund established under title I of the USA Retirement Funds Act . (3) Non-preemption of certain State law Nothing in this section shall preempt State law insofar as State law relates to the enforcement of an obligation to contribute to a USA Retirement Fund. (c) False statements (1) In general No person, in connection with a plan or other arrangement that is or purports to be a USA Retirement Fund, shall make a false statement or false representation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any beneficiary, any employer, any employee organization, the Secretary, or any State, or the representative or agent of any such person, State, or the Secretary, concerning— (A) the financial condition or solvency of such fund or arrangement; (B) the benefits provided by such fund or arrangement; (C) the regulatory status of such fund or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or (D) the regulatory status of such fund or other arrangement. (2) Penalty Any person who violates this subsection shall, upon conviction, be imprisoned not more than 10 years or fined under title 18, United States Code, or both. (d) Cease and desist orders (1) Issuance of order The Secretary may issue a cease and desist (ex parte) order under this title if the Secretary determines that the alleged conduct of a fund purporting to be a USA Retirement Fund is fraudulent, or creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. (2) Hearings (A) In general A person who is adversely affected by the issuance of a cease and desist order under paragraph (1) may request a hearing by the Secretary regarding such order. The Secretary may require that a hearing under this paragraph, including all related information and evidence, be conducted in a confidential manner. (B) Burden of proof The burden of proof in any hearing conducted under subparagraph (A) shall be on the party requesting the hearing to show cause why the cease and desist order should be set aside. (C) Determination Based upon the evidence presented at a hearing under subparagraph (A), the Secretary may affirm, modify, or set aside the cease and desist order at issue, in whole or in part. (3) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this subsection. II Defined contribution plan reforms A Savings enhancements 201. Pooled employer plans (a) No common interest required for pooled employer plans Section 3(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2) (C) A pooled employer plan shall be treated as a single employee pension benefit plan or single pension plan without regard to whether the participating employers share a common interest other than participation in the plan. . (b) Pooled employer plan and provider defined Section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 (43) (A) The term pooled employer plan (i) the terms of the plan designate a pooled plan provider, (ii) under the plan each participating employer retains fiduciary responsibility for— (I) the prudent selection and monitoring of the person designated as the pooled employer plan provider and, if different from the provider, the person designated as the plan’s named fiduciary, and (II) to the extent not otherwise delegated to another fiduciary, the investment and management of that portion of the plan’s assets attributable to the employees of that participating employer, (iii) under the plan a participating employer is not subject to unreasonable restrictions, fees, or penalties with regard to ceasing participation or otherwise transferring assets of the plan in accordance with section 414(l) of the Internal Revenue Code of 1986, and (iv) the pooled employer plan provider provides to participating employers any disclosures or other information as the Secretary may require. (B) The term pooled employer plan (i) a multiemployer plan, or (ii) a plan established before January 1, 2014, or any successor thereof. (44) (A) The term pooled plan provider (i) is designated by the terms of a pooled employer plan as a pooled plan provider; (ii) registers as a pooled plan provider with the Secretary and provides such other identifying information to the Secretary as the Secretary may require; and (iii) has such educational or professional qualifications as the Secretary may require. (B) The Secretary may perform examinations and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of the Act. (C) For purposes of this section, the following shall be treated as a single pooled plan provider: (i) All corporations that provide services to a plan and are members of a controlled group of corporations within the meaning of section 1563(a) of the Internal Revenue Code of 1986 (determined without regard to subsection (a)(4) of such section 1563). (ii) All persons treated as a single employer under section 210(d). . (c) Technical amendment Section 3 of such Act is amended by striking the second paragraph (41). 202. Pooled employer and multiple employer plan reporting (a) Additional information Section 103 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023 (1) in subsection (a)(1)(B), by striking applicable subsections (d), (e), and (f) applicable subsections (d), (e), (f), and (g) (2) by adding at the end the following: (g) Additional information with respect to pooled employer and multiple employer plans An annual report under this section for a plan year shall include— (1) with respect to any pooled employer plan or other pension plan maintained by more than one employer (other than a multiemployer plan), a list of participating employers and a good faith estimate of the percentage of the total contributions made, or expected to be made, by each such participating employer for the plan year, and (2) with respect to a pooled employer plan, the identifying information for the person designated under the terms of the plan as the pooled plan provider. . (b) Simplified annual reports Section 104(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024(a) (2) (A) With respect to annual reports required to be filed with the Secretary under this part, the Secretary may by regulation prescribe simplified annual reports for any pension plan that— (i) covers fewer than 100 participants, or (ii) is a pooled employer plan (as defined in section 3(43)) that covers fewer than 1,000 participants but only if no single participating employer has more than 100 participants covered by the plan. . (c) Effective date The amendments made by this section shall apply to annual reports for plan years beginning after December 31, 2014. B Participant Protections 211. Alternative fiduciary arrangements to protect plan participants Section 405 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1105 (e) Small employer plan alternative fiduciary arrangements (1) In general A small employer that is a plan sponsor of an employee pension benefit plan shall not be liable for a breach of fiduciary responsibility of a small employer plan service provider with respect to the same plan if the requirements of the following subparagraphs are met: (A) Small employer plan sponsor requirements The requirements of this subparagraph are met if the small employer prudently selects and monitors the small employer plan named fiduciary. (B) Small employer plan named fiduciary requirements The requirements of this subparagraph are met if the small employer plan named fiduciary— (i) engages a small employer plan service provider with respect to the employee pension benefit plan; (ii) registers as a small employer plan named fiduciary with the Secretary in accordance with paragraph (2)(A); (iii) has such educational or professional qualifications as the Secretary may require; (iv) provides to employers disclosures or other information as may be required by the Secretary by regulations to facilitate monitoring of the named fiduciary; (v) is bonded in accordance with section 412; and (vi) meets the financial responsibility requirements of paragraph (2)(B). (2) Rules relating to named fiduciary requirements (A) Reporting by small employer plan named fiduciary For purposes of paragraph (1)(B)(ii), the small employer plan named fiduciary shall file the required registration with the Secretary— (i) before the date upon which the safe harbor provided in this subsection first applies to a small employer plan sponsor and at such other times as the Secretary may prescribe by regulations, and (ii) in such form and manner, and containing such information, as the Secretary determines necessary or appropriate to carry out the purposes of this Act. (B) Financial responsibility requirements For purposes of paragraph (1)(B)(vi), a small employer plan named fiduciary shall meet the requirements of this subparagraph if the fiduciary either— (i) has fiduciary liability insurance with a per-claim limit equal to no less than— (I) the greater of 5 percent of plan assets or $1,000,000; or (II) such other amount as is determined by the Secretary by regulation; or (ii) is— (I) a bank, as defined in section 202(a)(2) of the Investment Advisers Act of 1940, that has the power to manage, acquire, or dispose of assets of a plan, and that has, as of the last day of its most recent fiscal year, equity capital in excess of $1,000,000; (II) a savings and loan association, the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, that has made application for and been granted trust powers to manage, acquire, or dispose of assets of a plan by a State or Federal authority having supervision over savings and loan associations, and that has, as of the last day of its most recent fiscal year, equity capital or net worth in excess of $1,000,000; (III) an insurance company that is subject to supervision and examination by a State authority having supervision over insurance companies, that is qualified under the laws of more than one State to manage, acquire, or dispose of assets of a plan, and that has, as of the last day of its most recent fiscal year, net worth in excess of $1,000,000; or (IV) an investment adviser registered under the Investment Advisers Act of 1940 that, as of the last day of its most recent fiscal year, has total client assets under its management and control in excess of $85,000,000 and shareholders' or partners' equity in excess of $1,000,000. (C) Adjustment of amounts The Secretary may by regulation adjust the dollar amounts under subparagraph (B)(ii). (3) Administrative summary cease and desist orders and summary seizure orders against small employer plan named fiduciary (A) In general The Secretary may issue an ex parte cease and desist order under this title if the Secretary— (i) determines that a small plan named fiduciary or small employer plan service provider has not met the requirements under paragraph (1) or (2); or (ii) has reasonable cause to believe that the named fiduciary or service provider has engaged in or is about to engage in conduct that is a violation of this title or that the Secretary determines to be contrary to accepted standards of plan operations that might result in abnormal risk to the plan or participants and beneficiaries of the plan. (B) Hearings (i) In general A person that is adversely affected by the issuance of a cease and desist order under subparagraph (A) may request a hearing by the Secretary regarding such order. (ii) Confidentiality The Secretary may require that a hearing under this subparagraph, including all related information and evidence, be conducted in a confidential manner. (iii) Burden of proof The burden of proof in any hearing conducted under this subparagraph shall be on the party requesting the hearing to show cause why the cease and desist order should be set aside. (iv) Determination Based upon the evidence presented at a hearing under this subparagraph, the Secretary may affirm, modify, or set aside the cease and desist order, in whole or in part. (C) Seizure The Secretary may issue a summary seizure order under this subtitle if the Secretary determines that a small employer plan named fiduciary or small employer plan service provider is in a financially hazardous condition. (D) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this paragraph. (E) Exception This paragraph shall not apply to any named fiduciary that is not a named fiduciary under paragraph (1)(A) or small employer plan service provider under paragraph (1)(B)(i). (F) Savings clause The Secretary’s authority under this paragraph shall not be construed to limit the Secretary’s ability to exercise enforcement or investigatory authority under any other provision of this title. The Secretary may, in the sole discretion of the Secretary, initiate court proceedings without using the procedures in this paragraph. (4) Definitions For purposes of this subsection— (A) Small employer (i) In general The term small employer (ii) 2-Year grace period A small employer that establishes and maintains an employee pension benefit plan for 1 or more years and that is not a small employer for any subsequent year shall be treated as a small employer for the 2 years following the last year the employer was a small employer. If such employer is not a small employer as described in the preceding sentence on account of an acquisition, disposition, or similar transaction involving a small employer, the preceding sentence shall not apply. (B) Small employer plan named fiduciary The term small employer plan named fiduciary (C) Small employer plan service provider The term small employer plan service provider (i) an administrator (as defined in section 3(16)(A)); (ii) a fiduciary (as defined in section 3(21)(A)); or (iii) an investment manager (as defined in section 3(38)), that is independent from the small employer plan named fiduciary. . 212. Rollover protections (a) Sense of congress It is the sense of Congress that a person may be providing investment advice within the meaning of section 3(21) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(21)) when such person advises a plan participant to take a permissible plan distribution and such distribution advice is combined with a recommendation as to how the distribution should be invested. (b) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance consistent with subsection (a) clarifying the applicability of section 3(21) of the Employee Retirement Income Security Act of 1974 to investment advice provided in connection with distribution recommendations. (c) Fiduciary and prohibited transaction awareness The Comptroller General of the United States shall study the extent to which advisors, broker-dealers, and other financial professionals dealing with individual and employer-provided retirement plans are aware of, and receive ongoing training regarding, the requirements of part 4 of subtitle B of title I of the Employee Retirement Income Security Act ( 29 U.S.C. 1101 et seq. section 4975 C Lifetime income 221. Lifetime income disclosure (a) Requirements To provide pension benefit statements Section 105(a)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)(B)) is amended— (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting , and (3) by adding at the end the following: (iii) an illustration of the participant’s benefit as an estimated lifetime income stream beginning at retirement determined in accordance with assumptions and requirements established by regulation. . (b) Limitation on liability Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 (f) Limitation on liability No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of providing an illustration as required under section 105(a)(2)(B)(iii). . (c) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall issue regulations implementing the amendments made by subsections (a) and (b). (d) Clarification The requirement under section 105(a)(2)(B)(iii) of the Employee Retirement Income Security Act of 1974, as added by subsection (a)(3), shall apply to pension benefit statements furnished more than 1 year after the issuance of the final rules implementing section 105(a)(2)(B)(iii) of such Act. 222. Lifetime income safe harbor Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 (g) Safe harbor for annuity selection (1) In general With respect to the selection of a lifetime retirement income contract as part of an individual account plan, a fiduciary will be deemed to satisfy the requirements of subsection (a)(1)(B) with respect to the selection of an insurer and lifetime retirement income contract if the fiduciary engages in an objective, thorough, and analytical search for the purpose of identifying insurers from which to purchase lifetime retirement income contracts and appropriately concludes that— (A) at the time of the selection, the insurer is financially capable of satisfying its obligations under the lifetime income contract; and (B) the cost (including fees, surrender penalties, and commissions) of the selected lifetime retirement income contract is reasonable in relation to the benefits and product features of the contract and the administrative services to be provided under such contract. (2) Fiduciaries A fiduciary meets the requirements of paragraph (1)(A) if the fiduciary meets all of the following conditions: (A) The fiduciary obtains written representations from the insurer that— (i) the insurer is licensed to offer lifetime retirement income contracts; (ii) the insurer, at the time of selection and for each of the immediately preceding 10 years— (I) operates under a certificate of authority from the Insurance Commissioner of its domiciliary state that has not been revoked or suspended; (II) has filed financial statements in accordance with the laws of its domiciliary state under applicable statutory accounting principles; (III) maintains reserves that satisfy all the statutory requirements of all States where the insurer does business; and (IV) is not operating under an order of supervision, rehabilitation, or liquidation; (iii) the insurer undergoes, at least every 5 years, a financial examination (within the meaning of the law of the State in which the insurer is domiciled) by the insurance commissioner of the domiciliary State (or any representative, designee, or other party approved thereby); (iv) if, following the issuance of the representations described in clauses (i) through (iii), there is any change that would preclude the insurer from making such representations at the time of issuance of the lifetime retirement income contract, the insurer will inform the fiduciary that the fiduciary can no longer rely on one or more of the representations; and (v) meet such other requirements specified by the Secretary by regulation. (B) The fiduciary has not received the notification described in clause (iv) of subparagraph (A) and has no other facts that would cause the fiduciary to question the representations described in clauses (i) through (iii) of subparagraph (A). (C) The fiduciary inquires about additional protections that might be available through a State guaranty association for the lifetime retirement income contract. (D) The fiduciary obtains evidence from the insurer that, not more than 1 year prior to the time of selection, the insurer has obtained written confirmation from the insurance commissioner of the domiciliary State of such insurer that, at the time the confirmation is issued, the insurer met the conditions of clauses (i) and (ii) of subparagraph (A). (3) Time of selection For purposes of this subsection, the time of selection (A) the time that the insurer and contract are selected for distribution of benefits to a specific participant or beneficiary; or (B) the time that the insurer and contract are selected to provide benefits at future dates to participants or beneficiaries, but only if the selecting fiduciary periodically reviews the continuing appropriateness of the conclusion described in paragraph (1)(A). (4) Periodic review For purposes of paragraph (3)(B), a fiduciary is not required to review the appropriateness of the conclusion under paragraph (1)(A) before or after the purchase of any contract for specific participants or beneficiaries. A fiduciary will be deemed to have conducted a periodic review of the financial capability of the insurer if the fiduciary obtains the written representations described in clauses (i) through (iii) of paragraph (2)(A) on an annual basis, unless, in the interim, the fiduciary becomes aware of facts that would cause the fiduciary to question such representations. (5) Definitions For purposes of this subsection— (A) the term insurer (B) the term lifetime retirement income contract (6) Savings clause Nothing in this subsection shall be construed to establish minimum requirements or the exclusive means for a fiduciary to satisfy the fiduciary duties under subsection (a)(1)(B). Nothing in this subsection shall be construed to require a fiduciary to select the lowest cost contract. A fiduciary may consider the value, including features and benefits of the contract and attributes of the insurer, in conjunction with the contract’s cost. Attributes of the insurer that may be considered may include, without limitation, the issuer’s financial strength. . 223. Default investment safe harbor clarification (a) In general Section 404(c)(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(5) (C) Availability of options The availability of annuity purchase rights, death benefit guarantees, investment guarantees, or other features in insurance contracts will not, in and of themselves, affect the status of a fund, product, or portfolio as a default investment under this paragraph. . (b) Rules of construction The amendment made by subsection (a) shall be construed to codify existing law and shall not be construed as modifying the regulations promulgated by the Secretary of Labor under section 404(c)(5) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(5) 224. Administration of joint and survivor annuity requirements (a) Option To appoint annuity administrators Section 402(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1102(c) (1) in paragraph (2), by striking or (2) in paragraph (3), by striking the period at the end and inserting ; or (3) by adding at the end the following new paragraph: (4) that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in section 405(c)(1), may appoint an annuity administrator or administrators with responsibility for administration of an individual account plan in accordance with the requirements of section 205 and payment of any annuity required thereunder. . (b) Liability of annuity administrator Section 405 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1105 (f) Annuity Administrator If 1 or more persons has been appointed under section 402(c)(4) as an annuity administrator or administrators of an individual account plan, and each such person acknowledges in writing that such person is the annuity administrator and a fiduciary under the plan with respect to appointed duties, neither the named fiduciary nor any appointing fiduciary shall be liable for any act or omission of the annuity administrator except to the extent that— (1) the named fiduciary or appointing fiduciary violated section 404(a)(1)— (A) with respect to such appointment; or (B) in continuing the appointment; (2) the named fiduciary or appointing fiduciary would otherwise be liable in accordance with subsection (a); or (3) the entity appointed to be the annuity administrator is not an insurance company or approved to be an annuity administrator by the Secretary. . III Defined benefit system reforms A Defined benefit pension plan reforms 301. Hybrid plans (a) Amendments to ERISA (1) Reasonable minimum rates disregarded Section 204(b)(5)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(i)) is amended— (A) in subclause (I), by adding at the end the following new sentence: Any rate described in subclause (IV) or (V) shall be disregarded in determining whether a plan is treated as satisfying the requirements of the first sentence of this subclause. (B) by adding at the end the following: (IV) Reasonable minimum guaranteed rates for investment-based interest credits In the case of an interest credit (or equivalent amount) that is based on an actual investment (or on an index that is structured to have effects similar to the effects of an actual investment), a fixed annual crediting rate equal to 3 percent (or a lower rate not less than zero that is specified in the plan) with respect to all contribution credits credited to a participant’s account balance or similar amount during the guarantee period shall be treated as a reasonable minimum guaranteed rate of return. For purposes of this subclause, the guarantee period begins on the prospective date that such reasonable minimum guaranteed rate applies to the participant’s benefit under the plan and ends on the date that such reasonable minimum guaranteed rate ceases to apply to the participant’s benefit. (V) Reasonable minimum rates for other interest crediting bases In the case of an interest credit (or equivalent amount) that is not described in subclause (IV), an annual interest rate equal to the lowest interest rate permitted with respect to any plan under section 415(b)(2)(E)(i) of the Internal Revenue Code of 1986 (without regard to section 415(b)(2)(E)(ii) of such Code) shall be treated as a reasonable minimum guaranteed rate of return described in such subclause. . (2) Permitted fixed rates Section 204(b)(5)(B)(i) of such Act ( 29 U.S.C. 1054(b)(5)(B)(i) (VI) Permitted fixed rate of return An annual interest crediting rate that is a fixed annual crediting rate and that does not exceed the rate described in subclause (V) plus one percentage point shall be deemed to satisfy the requirements of subclause (I). . (3) Protecting plan participants from losing access to market rates (A) In general Section 204(b)(5)(B) of such Act ( 29 U.S.C. 1054(b)(5)(B)(i)(III) (iii) Special rules relating to market rate of return For purposes of clause (i)(III)— (I) In general Except as provided in this subclause, any rate of return available in the market, shall, under the regulation under clause (i)(III), be permitted as a market rate of return under clause (i)(I). (II) Secretarial authority Except as provided in subclause (III), the Secretary of the Treasury may prescribe by regulation that a rate of return available in the market is not permitted under clause (i)(I) if such rate is designed to evade the purposes of clause (i)(I) and is not consistent with the purposes of a defined benefit plan. Such authority shall apply only to a rate of return based exclusively or primarily on the returns on employer securities (as defined in section 407(d)(1)), on alternative investments generally not appropriate as an exclusive or primary investment for retirement, or on other similar investments. (III) Specified safe harbor rates The following rates of return and any combination of such rates shall be deemed to be market rates of return that satisfy clause (i)(I): (aa) The first, second, or third segment rate (as defined in section 430(h)(2)(C) of the Internal Revenue Code of 1986 (without regard to clause (iv) thereof)) or any combination of such rates. (bb) The discount rate on 3-month, 6-month, and 12-month Treasury bills with appropriate margins determined under regulations prescribed by the Secretary of the Treasury. (cc) The yield on 1-year, 2-year, 3-year, 5-year, 7-year, 10-year, and 30-year Treasury Constant Maturities with appropriate margins determined under regulations prescribed by the Secretary of the Treasury. (dd) The actual return on all or a diversified portion of the assets of the plan. (ee) Any total return index or price index commonly used as an investment benchmark, as determined under regulations prescribed by the Secretary of the Treasury. (ff) The rate of return on an annuity contract for a participant issued by an insurance company licensed under the laws of a State. (gg) A cost of living index with appropriate margin, as determined under regulations promulgated by the Secretary of the Treasury. (hh) The rate of return on a broad-based regulated investment company, as determined under regulations promulgated by the Secretary of the Treasury. (ii) Any investment in which participants may elect to invest under a defined contribution plan maintained by the sponsor of the plan other than an investment with a rate of return prohibited under clause (i), a stable value fund, or an investment available only through a brokerage account (or similar arrangement). . (b) Amendments to 1986 Code (1) Reasonable minimum rates disregarded Section 411(b)(5)(B)(i) (A) in subclause (I), by adding at the end the following new sentence: Any rate described in subclause (IV) or (V) shall be disregarded in determining whether a plan is treated as satisfying the requirements of the first sentence of this subclause. (B) by adding at the end the following: (IV) Reasonable minimum guaranteed rates for investment-based interest credits In the case of an interest credit (or equivalent amount) that is based on an actual investment (or on an index that is structured to have effects similar to the effects of an actual investment), a fixed annual crediting rate equal to 3 percent (or a lower rate not less than zero that is specified in the plan) with respect to all contribution credits credited to a participant’s account balance or similar amount during the guarantee period shall be treated as a reasonable minimum guaranteed rate of return. For purposes of this subclause, the guarantee period begins on the prospective date that such reasonable minimum guaranteed rate applies to the participant’s benefit under the plan and ends on the date that such reasonable minimum guaranteed rate ceases to apply to the participant’s benefit. (V) Reasonable minimum rates for other interest crediting bases In the case of an interest credit (or equivalent amount) that is not described in subclause (IV), an annual interest rate equal to the lowest interest rate permitted with respect to any plan under section 415(b)(2)(E)(i) (without regard to section 415(b)(2)(E)(ii)) shall be treated as a reasonable minimum guaranteed rate of return described in such subclause. . (2) Permitted fixed rates Section 411(b)(5)(B)(i) of such Code, as amended by paragraph (1)(B), is further amended by adding at the end the following: (VI) Permitted fixed rate of return An annual interest crediting rate that is a fixed annual crediting rate and that does not exceed the rate described in subclause (V) plus one percentage point shall be deemed to satisfy the requirements of subclause (I). . (3) Protecting plan participants from losing access to market rates (A) In general Section 411(b)(5)(B) of such Code is amended by adding at the end the following: (iii) Special rules relating to market rate of return For purposes of clause (i)(III)— (I) In general Except as provided in this subclause, any rate of return available in the market, shall, under the regulation under clause (i)(III), be permitted as a market rate of return under clause (i)(I). (II) Secretarial authority Except as provided in subclause (III), the Secretary may prescribe by regulation that a rate of return available in the market is not permitted under clause (i)(I) if such rate is designed to evade the purposes of clause (i)(I) and is not consistent with the purposes of a defined benefit plan. Such authority shall apply only to a rate of return based exclusively or primarily on the returns on employer securities (as defined in section 407(d)(1)), on alternative investments generally not appropriate as an exclusive or primary investment for retirement, or on other similar investments. (III) Specified safe harbor rates The following rates of return and any combination of such rates shall be deemed to be market rates of return that satisfy clause (i)(I): (aa) The first, second, or third segment rate (as defined in section 430(h)(2)(C) (without regard to clause (iv) thereof)) or any combination of such rates. (bb) The discount rate on 3-month, 6-month, and 12-month Treasury bills with appropriate margins determined under regulations prescribed by the Secretary. (cc) The yield on 1-year, 2-year, 3-year, 5-year, 7-year, 10-year, and 30-year Treasury Constant Maturities with appropriate margins determined under regulations prescribed by the Secretary. (dd) The actual return on all or a diversified portion of the assets of the plan. (ee) Any total return index or price index commonly used as an investment benchmark, as determined under regulations prescribed by the Secretary. (ff) The rate of return on an annuity contract for a participant issued by an insurance company licensed under the laws of a State. (gg) A cost of living index with appropriate margin, as determined under regulations promulgated by the Secretary. (hh) The rate of return on a broad-based regulated investment company, as determined under regulations promulgated by the Secretary. (ii) Any investment in which participants may elect to invest under a defined contribution plan maintained by the sponsor of the plan other than an investment with a rate of return prohibited under clause (i), a stable value fund, or an investment available only through a brokerage account (or similar arrangement). . (c) Protecting plan participants from retroactive benefit decreases (1) In general If an interest credit (or equivalent amount) under a plan subject to section 411(b)(5)(B)(i)(I) of the Internal Revenue Code of 1986 or section 204(b)(5)(B)(i)(I) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(i)(I)) was reasonable in relation to market rates in existence when such interest credit (or equivalent amount) was established (disregarding any minimum rates of return that were reasonable when established), such interest credit (or equivalent amount) shall be treated as satisfying the requirements of section 411(b)(5)(B)(i)(I) of such Code and section 204(b)(5)(B)(i)(I) of such Act for the transition period. (2) Transition period For purposes of paragraph (1), the transition period, with respect to any plan, begins on the date that section 411(b)(5)(B)(i)(I) of such Code or section 204(b)(5)(B)(i)(I) of such Act first applied to such plan and ends on the effective date of comprehensive final regulations under such sections prescribed by the Secretary of the Treasury. (d) Ensuring fairness when interest credits are required To be decreased (1) In general In the case of an interest credit (or equivalent amount) under a plan subject to section 411(b)(5)(B)(i)(I) of the Internal Revenue Code of 1986 or section 204(b)(5)(B)(i)(I) of the Employee Retirement Income Security Act of 1974 that is in effect for the last plan year prior to the effective date of comprehensive final regulations under such section of such Code but does not comply with such regulations determined after application of subsection (c), the Secretary of the Treasury shall provide an exception from the requirements of section 411(d)(6) of such Code and section 204(g) of such Act for a reduction in such interest credit (or equivalent amendment) that is made pursuant to such comprehensive final regulations. (2) Exception The exception under paragraph (1) from section 204(g) of such Act and section 411(d)(6) of such Code shall be issued through regulations to ensure the opportunity of interested persons to make comments through a public notice and comment process. Such exception shall permit any interest credit (or equivalent amount) to which this subsection applies to be modified to be the maximum fixed rate of return permitted under section 204(b)(5)(B)(i)(VI) of such Act or section 411(b)(5)(B)(i)(VI) of such Code or to be the maximum rate permitted under any rate of return deemed to be a market rate of return pursuant to section 204(b)(5)(B)(i)(III) of such Act or section 411(b)(5)(B)(i)(III) of such Code. The Secretary of the Treasury shall further structure the exception to ensure that there are clear and simple methods for plans to comply with the requirements of section 204(b)(5)(B)(i)(I) of such Act and section 411(b)(5)(B)(i)(I) of such Code. (e) Protecting participants from plan freezes through appropriate transition rules (1) In general In the case of any defined benefit plan to which this subsection applies, comprehensive regulations under sections 203(f)(1) and 204(b)(5)(B)(i) of the Employee Retirement Income Security Act of 1974 or sections 411(a)(13)(A) and 411(b)(5)(B)(i) of the Internal Revenue Code of 1986 shall not take effect before the first plan year beginning at least 1 year after the later of— (A) the date of publication of such regulations; or (B) the date of publication of the regulations described in subsection (d). (2) Pension equity plans This subsection applies to any defined benefit plan that— (A) is subject to section 204(b)(5) of the Employee Retirement Income Security Act of 1974 or section 411(b)(5) of the Internal Revenue Code of 1986; (B) expresses any portion of any participant’s benefit as a current value equal to an accumulated percentage of the employee’s final average compensation; and (C) in the absence of guidance from the Secretary of the Treasury or the Secretary of Labor, has been structured in a reasonable, good faith manner to comply with the requirements of such Code and such Act with respect to benefits described in subparagraph (B). (3) Period prior to effective date of regulations In the case of a plan to which this subsection applies, no rule shall be issued and no adverse enforcement action shall be taken by the Secretary of the Treasury or the Secretary of Labor with respect to a plan described in paragraph (2) regarding the structure of the benefits described in paragraph (2)(B) for any period prior to the effective date of comprehensive final regulations issued by the Secretary of the Treasury with respect to such benefits. Such final regulations shall not be effective before the first plan year beginning at least 1 year after publication of such regulations. (f) Effective date (1) In general Except as otherwise provided, the amendments and other provisions of this section shall take effect as if included in section 701 of the Pension Protection Act of 2006 ( Public Law 109–280 (2) Hold harmless With respect to any period prior to the effective date of the comprehensive regulations described in subsection (e), no plan shall fail to comply with any requirement of the Employee Retirement Income Security Act of 1974 or of the Internal Revenue Code of 1986 by reason of complying with the law in effect without regard to the amendments made by subsections (a) and (b). 302. Clarification of the normal retirement age (a) Amendments to ERISA Section 204 of the Employee Retirement Income Security Act of 1974 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: (k) Special rule for determining normal retirement age for certain existing defined benefit plans (1) In general For purposes of section 3(24), an applicable plan shall not be treated as failing to meet any requirement of this title, or as failing to have a uniform normal retirement age for purposes of this title, solely because the plan has adopted the normal retirement age described in paragraph (2). (2) Applicable plan For purposes of this subsection— (A) In general The term applicable plan (i) an age otherwise permitted under section 2(24), or (ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. (B) Expanded application If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers. . (b) Amendment to 1986 Code Section 411 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Special rule for determining normal retirement age for certain existing defined benefit plans (1) In general For purposes of subsection (a)(8)(A), an applicable plan shall not be treated as failing to meet any requirement of this subchapter, or as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan has adopted the normal retirement age described in paragraph (2). (2) Applicable plan For purposes of this subsection— (A) In general The term applicable plan (i) an age otherwise permitted under subsection (a)(8)(A), or (ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. (B) Expanded application If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers. . 303. Moratorium on imposition of shutdown liability (a) In general The Pension Benefit Guaranty Corporation shall not bring any new action against a plan sponsor to enforce subsection (e) of section 4062 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1362 (b) Study The Comptroller General of the United States shall study the effectiveness, fairness, and utility of section 4062(e) of the Employee Retirement Income Security Act (29 U.S.C. 1101 et seq.). No later than January 30, 2015, the Comptroller General shall 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 summarizing its findings and including recommendations for alternative ways to protect retirees and the Pension Benefit Guaranty Corporation from cessations of operations while encouraging employers to both continue to offer defined benefit pension plans and to restructure as may be necessary to ensure the ongoing viability of the business. 304. Alternative funding target attainment percentage determined without regard to reduction for credit balances (a) Amendments to ERISA Section 206(g) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g) (1) in paragraph (5), by striking subparagraph (C); and (2) in paragraph (9)— (A) in subparagraph (B)— (i) by striking the period at the end and inserting ; and (ii) by striking under subparagraph (A) by increasing under subparagraph (A)— (i) by increasing ; and (iii) by adding at the end the following: (ii) without regard to the reduction under section 303(f)(4)(B). ; and (B) by striking subparagraphs (C) and (D). (b) Amendments to 1986 Code Section 436 (1) in subsection (f), by striking paragraph (3); and (2) in subsection (j)— (A) in paragraph (2)— (i) by striking the period at the end and inserting , and (ii) by striking under paragraph (1) by increasing under subparagraph (A)— (A) by increasing ; and (iii) by adding at the end the following: (B) without regard to the reduction under section 430(f)(4)(B). ; and (B) by striking the first and second paragraph (3). (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 305. Method for determining changes for quarterly contributions (a) Amendment to ERISA Section 303(j)(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(j)(3)(A)) is amended by inserting (determined without regard to the reduction under subsection (f)(4)(B)) preceding plan year (b) Amendment to 1986 Code Section 430(j)(3) (determined without regard to the reduction under subsection (f)(4)(B)) preceding plan year (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 306. Election to discount contributions from final due date (a) Amendment to ERISA Section 303(j)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1083(j)(2) For purposes of this paragraph, a plan sponsor may elect to treat all payments made after the valuation date as having been made on the last day permissible under paragraph (1). (b) Amendment to 1986 Code Section 430(j)(2) For purposes of this paragraph, a plan sponsor may elect to treat all payments made after the valuation date as having been made on the last day permissible under paragraph (1). (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 307. Simplification of elections and notices (a) Amendments to ERISA (1) Timeliness of elections Section 303 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1083 (m) Timeliness of elections An election required to be made by the plan sponsor under this section, including an election made under rules prescribed by the Secretary of the Treasury to implement this section, shall be deemed to have been timely made if the election is made on or before the due date specified in subsection (j)(1) or, if later, the due date of the actuarial report required under section 103(d). . (2) Time for providing notice Section 101(f)(3)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)(3)(B)) is amended— (A) in the heading, by striking for small plans (B) by inserting a plan with an adjusted funding target attainment percentage of more than 80 percent for the prior year or In the case of (C) by striking (as such term is used under section 303(g)(2)(B)) (D) by striking upon not later than 2 months after (b) Amendment to 1986 Code Section 430 (m) Timeliness of elections An election required to be made by the plan sponsor under this section, including an election made under rules prescribed by the Secretary to implement this section, shall be deemed to have been timely made if the election is made on or before the due date specified in subsection (j)(1) or, if later, the due date of the actuarial report required under section 6059. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 308. Improved multiemployer plan disclosure (a) Disclosure and reporting by multiemployer plans (1) Plan funding notices Section 101(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021(f) (A) in paragraph (2)(B)— (i) by striking clause (v); (ii) by redesignating clauses (vi) through (x) as clauses (v) through (ix), respectively; (iii) in clause (vi), as so redesignated— (I) by striking (I) in the case of in the case of (II) by striking , or (III) by striking subclause (II); and (iv) by amending clause (vii), as so redesignated, to read as follows: (vii) (I) in the case of a single-employer plan, a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation, and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply, and (II) in the case of a multiemployer plan, a statement that eligible benefits are guaranteed by the Pension Benefit Guaranty Corporation, and a statement of how to obtain both a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply, ; and (B) in paragraph (4)(C)— (i) by striking (C) may be provided (C)(i) subject to clause (ii), may be provided (ii) by striking the period and inserting the following: (ii) in the case of such a notice provided to the Pension Benefit Guaranty Corporation, shall be in an electronic format in such manner prescribed in regulations of such Corporation. . (2) Disclosures by plans regarding status (A) Amendments to ERISA Section 305(b)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(b)(3) (i) in the paragraph heading, by striking by plan actuary and report (ii) by amending subparagraph (A) to read as follows: (A) In general Not later than the 90th day of each plan year of a multiemployer plan, the plan sponsor shall file, in accordance with regulations prescribed by the ERISA agencies, a report that contains— (i) documentation from the plan actuary certifying to the ERISA agencies and to the plan sponsor— (I) whether or not the plan is in endangered status for such plan year and whether or not the plan is or will be in critical status for such plan year or any of the 5 succeeding plan years, (II) in the case of a plan which is in a funding improvement or rehabilitation period, whether or not the plan is making the scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan and, if not, a summary of the primary reasons the plan is not making the scheduled progress, (III) the funded percentage of the plan determined as of the first day of the current plan year and the value of assets and liabilities used to calculate such funded percentage, (IV) a projection of the funding standard account on a year-by-year basis for the current plan year and the nine succeeding plan years and a statement of the actuarial assumptions for such projections, and (V) (aa) subject to item (bb), a projection of the cash flow of the plan and actuarial assumptions for the current plan year and six succeeding plan years, and (bb) in the case in which it is certified that a multiemployer plan is or will be in endangered or critical status for a plan year, the projection of the cash flow of the plan and actuarial assumptions for the current year and ten succeeding plan years, (ii) as of the last day of the prior plan year, a good faith determination of— (I) the fair market value of the assets of the plan, (II) the number of participants who are— (aa) retired or separated from service and are receiving benefits, (bb) retired or separated participants entitled to future benefits, and (cc) active participants under the plan, (III) the total value of all benefits paid during the prior plan year, (IV) the total value of all contributions made to the plan during the prior plan year, and (V) the total value of all investment gains or losses during the prior plan year, (iii) a description of any material changes during the previous plan year to the rates at which participants accrue benefits or the rate at which employers contribute, (iv) a copy of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, that was adopted under this section prior to the filing of the report for the current plan year in accordance with this subparagraph and, if applicable, after the filing of the report required by this subparagraph for the prior plan year, (v) in the case of any plan amendment, scheduled benefit increase or reduction, or other known event taking effect in the current plan year and having a material effect on plan liabilities or assets for the year (as defined in regulations by the ERISA agencies), an explanation of the amendment, scheduled increase or reduction, or event, and a projection to the end of such plan year of the effect of the amendment, scheduled increase or reduction, or event on plan liabilities, (vi) in the case of a multiemployer plan certified to be in critical status for which the plan sponsor has determined that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status by the end of the rehabilitation period, a description of all reasonable measures, whether or not such measures were implemented, and a summary of the consideration of such measures, (vii) a good faith statement describing— (I) the withdrawal of any employer during the prior plan year and the percentage of total contributions made by that employer during the prior plan year, (II) any material reduction in total contributions or withdrawal liability payments of any employers and the reason for such reduction, (III) any significant reduction in the number of active plan participants and the reason for such reduction, and (IV) the annual withdrawal liability payment each employer is obligated to pay to the plan for the plan year, whether that amount was collected by the plan (and if not, the amount that was collected), and the remaining years on the employer's obligation to make withdrawal liability payments, and (viii) such other information as may be required by the ERISA agencies by regulation. ; (iii) by striking subparagraph (C) and inserting the following: (C) Form and manner The report required by subparagraph (A) shall be filed electronically in accordance with regulations prescribed by the ERISA agencies. ; and (iv) in subparagraph (D)— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (II) by inserting after clause (i) the following: (ii) Plans in endangered or critical status If it is certified under subparagraph (A) that a multiemployer plan is or will be in endangered or critical status, the plan sponsor shall include in the notice under clause (i)— (I) a statement describing how a person may obtain a copy of the plan's funding improvement or rehabilitation plan, as appropriate, adopted under this section and the actuarial and financial data that demonstrate any action taken by the plan toward fiscal improvement, (II) a summary of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, adopted under this section prior to the furnishing of such notice, (III) a summary of the rules governing reorganization or insolvency, including the limitations on benefit payments, and (IV) a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply. ; (III) in clause (iv), as so redesignated— (aa) by striking The Secretary of the Treasury, in consultation with the Secretary The ERISA agencies (bb) by striking clause (ii) clauses (ii) and (iii) (IV) by adding at the end the following: (E) Designation and coordination The ERISA agencies shall— (i) designate one ERISA agency to receive the report described in subparagraph (A) on behalf of all the ERISA agencies, which shall each have full access to such report; and (ii) consult with each other and develop rules, regulations, practices, and forms, which to the extent appropriate for the efficient administration of the provisions of this paragraph are designed to replace duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators and plan sponsors. (F) ERISA agencies In this paragraph, the term ERISA agencies . (B) Amendments to 1986 Code Section 432(b)(3) of the Internal Revenue Code of 1986 is amended— (i) in the paragraph heading, by striking by plan actuary and report (ii) by amending subparagraph (A) to read as follows: (A) In general Not later than the 90th day of each plan year of a multiemployer plan, the plan sponsor shall file, in accordance with regulations prescribed by the ERISA agencies, a report that contains— (i) documentation from the plan actuary certifying to the ERISA agencies and to the plan sponsor— (I) whether or not the plan is in endangered status for such plan year and whether or not the plan is or will be in critical status for such plan year or any of the 5 succeeding plan years, (II) in the case of a plan which is in a funding improvement or rehabilitation period, whether or not the plan is making the scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan and, if not, a summary of the primary reasons the plan is not making the scheduled progress, (III) the funded percentage of the plan determined as of the first day of the current plan year and the value of assets and liabilities used to calculate such funded percentage, (IV) a projection of the funding standard account on a year-by-year basis for the current plan year and the nine succeeding plan years and a statement of the actuarial assumptions for such projections, and (V) (aa) subject to item (bb), a projection of the cash flow of the plan and actuarial assumptions for the current plan year and six succeeding plan years, and (bb) in the case in which it is certified that a multiemployer plan is or will be in endangered or critical status for a plan year, the projection of the cash flow of the plan and actuarial assumptions for the current year and ten succeeding plan years, (ii) as of the last day of the prior plan year, a good faith determination of— (I) the fair market value of the assets of the plan, (II) the number of participants who are— (aa) retired or separated from service and are receiving benefits, (bb) retired or separated participants entitled to future benefits, and (cc) active participants under the plan, (III) the total value of all benefits paid during the prior plan year, (IV) the total value of all contributions made to the plan during the prior plan year, and (V) the total value of all investment gains or losses during the prior plan year, (iii) a description of any material changes during the previous plan year to the rates at which participants accrue benefits or the rate at which employers contribute, (iv) a copy of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, that was adopted under this section prior to the filing of the report for the current plan year in accordance with this subparagraph and, if applicable, after the filing of the report required by this subparagraph for the prior plan year, (v) in the case of any plan amendment, scheduled benefit increase or reduction, or other known event taking effect in the current plan year and having a material effect on plan liabilities or assets for the year (as defined in regulations by the ERISA agencies), an explanation of the amendment, scheduled increase or reduction, or event, and a projection to the end of such plan year of the effect of the amendment, scheduled increase or reduction, or event on plan liabilities, (vi) in the case of a multiemployer plan certified to be in critical status for which the plan sponsor has determined that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status by the end of the rehabilitation period, a description of all reasonable measures, whether or not such measures were implemented, and a summary of the consideration of such measures, (vii) a good faith statement describing— (I) the withdrawal of any employer during the prior plan year and the percentage of total contributions made by that employer during the prior plan year, (II) any material reduction in total contributions or withdrawal liability payments of any employers and the reason for such reduction, (III) any significant reduction in the number of active plan participants and the reason for such reduction, and (IV) the annual withdrawal liability payment each employer is obligated to pay to the plan for the plan year, whether that amount was collected by the plan (and if not, the amount that was collected), and the remaining years on the employer's obligation to make withdrawal liability payments, and (viii) such other information as may be required by the ERISA agencies by regulation. ; (iii) by striking subparagraph (C) and inserting the following: (C) Form and manner The report required by subparagraph (A) shall be filed electronically in accordance with regulations prescribed by the ERISA agencies. ; (iv) in subparagraph (D)— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (II) by inserting after clause (i) the following: (ii) Plans in endangered or critical status If it is certified under subparagraph (A) that a multiemployer plan is or will be in endangered or critical status, the plan sponsor shall include in the notice under clause (i)— (I) a statement describing how a person may obtain a copy of the plan's funding improvement or rehabilitation plan, as appropriate, adopted under this section and the actuarial and financial data that demonstrate any action taken by the plan toward fiscal improvement, (II) a summary of any funding improvement plan, rehabilitation plan, and any update thereto or modification thereof, adopted under this section prior to the furnishing of such notice, (III) a summary of the rules governing reorganization or insolvency, including the limitations on benefit payments, and (IV) a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply. ; and (III) in clause (iv), as so redesignated— (aa) by striking The Secretary, in consultation with the Secretary of Labor The ERISA agencies (bb) by striking clause (ii) clauses (ii) and (iii) (v) by adding at the end the following: (E) Designation and coordination The ERISA agencies shall— (i) designate one ERISA agency to receive the report described in subparagraph (A) on behalf of all the ERISA agencies, which shall each have full access to such report; and (ii) consult with each other and develop rules, regulations, practices, and forms, which to the extent appropriate for the efficient administration of the provisions of this paragraph are designed to replace duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators and plan sponsors. (F) ERISA agencies In this paragraph, the term ERISA agencies . (C) Disclosures by plans regarding status Section 4003 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1303 (i) in the section heading, by inserting ; Multiemployer Plan Information Actions (ii) by adding at the end the following: (g) The corporation is authorized to require such information as it deems necessary to investigate or review any facts, conditions, or other matters related to the actuarial certification and report by multiemployer plans under section 305(b)(3)(A), or to obtain such information as any duly authorized committee or subcommittee of the Congress may request with respect to such plans. The preceding sentence shall be considered a statute described in section 552(b)(3) of title 5, United States Code, and the information received pursuant to such sentence shall be exempt from disclosure under such section 552(b). . (3) Civil enforcement (A) In general Section 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 (i) in paragraph (7)— (I) by striking (7) The Secretary (7)(A) The Secretary (II) by adding at the end the following: (B) The Secretary may assess a civil penalty against a plan administrator (or plan sponsor with respect to the notice of endangered or critical status) of up to $110 per day from the date of the plan administrator’s or sponsor’s failure or refusal to provide the relevant notices under section 101(f) or section 305(b)(3)(D) to a recipient other than the Secretary or the Pension Benefit Guaranty Corporation. For purposes of this paragraph, each violation with respect to any single recipient shall be treated as a separate violation. ; (ii) by redesignating the second paragraph (10) (regarding coordinating enforcement under section 502(c) of such Act with enforcement under section 1144(c)(8) of the Social Security Act) as paragraph (12); and (iii) by inserting after paragraph (10) (regarding enforcement authority relating to use of genetic information) the following: (11) (A) The Secretary may assess a civil penalty against any plan sponsor of up to $1,100 per day from the date of the plan sponsor’s failure to file with the Secretary the notice required under section 305(b)(3)(D) or with the Pension Benefit Guaranty Corporation the notice required under section 101(f). (B) The Secretary may assess a civil penalty against any plan sponsor of up to $1,100 per day from the date of the plan sponsor’s failure to file with the ERISA agency designated in accordance with subparagraph (E) of section 305(b)(3) the report under subparagraph (A) of such section. . (B) Conforming amendment Section 502(a)(6) of such Act is amended by striking or (9) (9), (10), or (11) (b) Coordination with respect to multiemployer plans (1) In general Subtitle A of title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1201 et seq.) is amended by adding at the end the following: 3005. Database of multiemployer plan information (a) In general The Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation shall jointly establish an electronic database that contains the following information: (1) Each defined benefit plan funding notice submitted to the Pension Benefit Guaranty Corporation by a multiemployer plan under section 101(f). (2) Each report submitted by a multiemployer plan under section 305(b)(3)(A). (3) Each notice submitted to the Secretary of Labor and the Pension Benefit Guaranty Corporation by a multiemployer plan under section 305(b)(3)(D). (b) Shared access to database Subject to the agreement described in subsection (c), the Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation shall have full access to the data in the database established under subsection (a). To avoid unnecessary expense and duplication of functions among the agencies, the Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation may make such arrangements and agreements for cooperation or mutual assistance with respect to access to and utilization of the data in the database. (c) Shared cost of database The Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation shall execute a cost sharing agreement to equitably allocate the design, implementation, and maintenance costs of the database established under subsection (a). (d) Exemption The information contained in the report described under subsection (a)(2) shall be exempt from disclosure under section 552(b) section 552 . (2) Clerical amendment The table of sections for subtitle A of title III of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new item: 3005. Database of multiemployer plan information. . (c) Applicability This section (and the amendments made by this section) shall apply to plan years beginning after the date that is 1 year after the date of enactment of this Act. B Improvements to the pension insurance program 311. Modifications of technical changes made by the Pension Protection Act of 2006 to termination liability (a) In general Section 4062(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1362(c) (1) the aggregate unpaid minimum required contributions (within the meaning of section 4971(c)(4) of the Internal Revenue Code of 1986) of the plan (if any) for the plan year in which the termination date occurs and for all preceding plan years, including, for purposes of this paragraph, the amount of any increase in such aggregate unpaid minimum required contributions that would result if— (A) all pending applications for waivers of the minimum funding standard under section 302(c) of this Act and section 412(c) of such Code with respect to such plan were denied, and (B) no additional contributions (other than those already made by the termination date) were made for the plan year in which the termination date occurs or for any previous plan year, and (2) the unamortized portion (if any) of any amounts waived for the plan under section 302(c) of this Act and section 412(c) of such Code for— (A) the plan year in which the termination date occurs, and (B) all preceding plan years, . (b) Effective date The amendments made by this section shall take effect as if included in section 107 of the Pension Protection Act of 2006 ( Public Law 109–280 312. Payment of lump sum distributions in bankruptcy (a) Amendments to ERISA The second sentence of section 206(g)(3)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g)(3) The preceding sentence shall not apply on or after the date on which the enrolled actuary of the plan certifies that the adjusted funding target attainment percentage of such plan (determined by not taking into account any adjustment of segment rates under section 303(h)(2)(C)(iv)) is not less than 100 percent. (b) Amendments to 1986 Code The second sentence of section 436(d)(2) The preceding sentence shall not apply on or after the date on which the enrolled actuary of the plan certifies that the adjusted funding target attainment percentage of such plan (determined by not taking into account any adjustment of segment rates under section 430(h)(2)(C)(iv)) is not less than 100 percent. (c) Effective date The amendments made by this section shall take effect as of July 6, 2012. 313. Trusteeship clarifications (a) Appointment of trustees in plan termination instituted by PBGC (1) In general Subsections (a) and (b) of section 4002 ( 29 U.S.C. 1342 (a) Authority To institute proceedings To terminate a plan (1) In general The corporation may institute proceedings under this section to terminate a plan whenever it determines that the plan must be terminated in order to protect the interests of the participants or to avoid any unreasonable deterioration of the financial condition of the plan or any unreasonable increase in the liability of the corporation, as shown by one or more of the following conditions: (A) The plan has not met the minimum funding standard required under section 412 of the Internal Revenue Code of 1986, or has been notified by the Secretary of the Treasury that a notice of deficiency under section 6212 of such Code has been mailed with respect to the tax imposed under section 4971(a) of such Code. (B) The plan will be unable to pay benefits when due. (C) The reportable event described in section 4043(c)(7) has occurred. (D) The possible long-run loss of the corporation with respect to the plan may reasonably be expected to increase unreasonably if the plan is not terminated. (2) Requirement The corporation shall, as soon as practicable, institute proceedings under this section to terminate a single-employer plan whenever the corporation determines that the plan does not have assets available to pay benefits which are currently due under the terms of the plan. Notwithstanding any other provision of this subchapter, the corporation shall, to the extent practicable, pool assets of terminated plans for purposes of administration, investment, payment of liabilities of all such terminated plans, and such other purposes as the corporation determines to be appropriate in the administration of this title. (b) Appointment of the Corporation To Administer Plan (1) In general Whenever the corporation makes a determination under subsection (a) with respect to a plan or is required under subsection (a) to institute proceedings under this section, the corporation may, upon notice to the plan, apply to the appropriate United States district court to appoint the corporation as the person to administer the plan with respect to which the determination is made pending the issuance of a decree under subsection (c) ordering the termination of the plan. If, within 3 business days after the filing of an application under this subsection (or such other period as the court may order), the administrator of the plan consents to the appointment of the corporation to administer the plan, or fails to show why the corporation should not be so appointed, the court may grant the application and appoint the corporation to administer the plan in accordance with its terms until the corporation determines that the plan should be terminated or that termination is unnecessary. (2) Appointment Notwithstanding any other provision of this title— (A) upon the petition of a plan administrator or the corporation, the appropriate United States district court may appoint the corporation to administer the plan in accordance with the provisions of this section if the interests of the plan participants would be better served by such appointment, and (B) upon the petition of the corporation, the appropriate United States district court shall appoint a trustee proposed by the corporation for a multiemployer plan which is in reorganization to which section 4041A(d) applies, unless such appointment would be adverse to the interests of the plan participants and beneficiaries in the aggregate. (3) Agreement to appointment The corporation and plan administrator may agree to the appointment of the corporation to administer the plan without proceeding in accordance with the requirements of paragraphs (1) and (2). . (2) Conforming amendments (A) Subsection (c) of such section 4042 is amended— (i) by striking (c)(1) (c) Decree enforcing determination that plan must be terminated (1) Court decree (A) Application If the corporation is required under subsection (a) to commence proceedings under this section with respect to a plan or, after issuing a notice under this section to a plan administrator, has determined that the plan should be terminated, the corporation may, upon notice to the plan administrator, apply to the appropriate United States district court for a decree enforcing the corporation's determination that the plan be terminated. (B) Decree (i) In general The district court shall issue the decree under subparagraph (A) unless such court finds, upon review of the administrative record of the corporation’s determination under subsection (a), that such determination was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (ii) Effect of decree Upon granting a decree for which the corporation has applied under this subsection, the court shall authorize the corporation if appointed under subsection (b) (or appoint the corporation if such corporation has not been appointed under such subsection and authorize the corporation) to terminate the plan in accordance with the provisions of this subtitle. (C) Waiver of application If the corporation and the plan administrator agree that a plan should be terminated and agree to the appointment of the corporation to carry out the termination of the plan without proceeding in accordance with the requirements of this subsection (other than this subparagraph), the corporation shall have the power described in subsection (d)(1) and shall be subject to the duties described in subsection (d)(3) and any other duties imposed on the corporation under any other provision of law or by agreement between the corporation and the plan administrator. ; and (ii) in paragraph (2), by striking (2) In the case of (2) Providing of information (B) Subsection (d) of such section 4042 is amended— (i) in paragraph (1)(A)— (I) by striking A trustee appointed under subsection (b) If the corporation is appointed to administer a plan under subsection (b), the corporation (II) in clause (ii), by striking himself as trustee the corporation (III) in clause (iii), by striking he the corporation (IV) in clause (iv), by striking his appointment the appointment of the corporation (V) in clause (vi), by striking he the corporation (VI) in clause (vii), by striking trustee corporation (VII) by striking the flush language after clause (vii) and inserting the following: If the court to which application is made under subsection (c) dismisses the application with prejudice, or if the corporation fails to apply for a decree under subsection (c), within 30 days after the date on which the corporation is appointed under subsection (b), the corporation shall transfer all assets and records of the plan held by such corporation to the plan administrator not later than 3 business days after such dismissal or the expiration of such 30-day period, and shall not be liable to the plan or any other person for the acts of the corporation in administering the plan except for willful misconduct or gross negligence. The 30-day period described in the preceding sentence may be extended as provided by agreement between the plan administrator and the corporation or by court order. ; (ii) in paragraph (1)(B)— (I) in the matter preceding clause (i), by striking trustee corporation (II) by striking clauses (iii) and (v); (III) by redesignating clause (iv) as clause (iii); and (IV) by redesignating clauses (vi) through (viii) as clauses (iv) through (vi), respectively; (iii) in paragraph (2)— (I) in the matter preceding subparagraph (A) by striking his appointment, the trustee the appointment of the corporation to administer the plan, the corporation (II) in subparagraph (D) by striking section (iv) by striking paragraph (3) and inserting the following: (3) Except to the extent inconsistent with the provisions of this Act, the corporation, as appointed under this section, shall be subject to the same duties as those of a trustee under section 704 (4) When appointed under subsection (b) to administer a plan or granted a decree to terminate a plan under subsection (c), the corporation shall, within 30 days of the receipt of a written request from any participant or beneficiary of the plan (or as soon as practicable thereafter), furnish a copy of the plan document, summary plan description, and other instruments under which the plan is established or operated that relate to the participant’s or beneficiary’s benefit under the plan. The corporation may charge a reasonable fee to cover the cost of furnishing complete copies. . (C) Subsection (f) of such section 4042 is amended to read as follows: (f) Upon the filing of an application for the appointment of the corporation to administer a plan or the issuance of a decree under this section, the court to which an application is made shall have exclusive jurisdiction of the plan involved and property of the plan, wherever located, with the powers, to the extent consistent with the purposes of this section, of a court of the United States having jurisdiction over cases under chapter 11 . (D) Such section 4042 is amended by striking subsection (h). (b) Other conforming and technical amendments (1) Section 4002(h)(1) of such Act ( 29 U.S.C. 1302(h)(1) (A) in the first sentence— (i) in subparagraph (A), by striking the appointment of trustees in termination proceedings the appointment of the corporation to administer or carry out a termination of a plan under section 4042 (ii) in subparagraph (C), by striking under a trustee under the corporation (B) in the second sentence— (i) by striking recommend persons for appointment as trustees in termination proceedings, (ii) by striking the comma after funds (iii) by striking under a trustee under the corporation (2) Section 4003 of such Act ( 29 U.S.C. 1303 (A) in subsection (e)(6)(B), by amending clause (ii) to read as follows: (ii) If the corporation brings the action on behalf of a plan that the corporation was appointed to administer or terminate under section 4042, the applicable date specified in this subparagraph is the date on which the corporation was so appointed if such date is later than the date described in clause (i). ; and (B) in subsection (f)(4), by striking the corporation in its capacity as a trustee under section 4042 or 4049 the corporation in its capacity as a trustee under section 4049 or in its capacity in administering a plan pursuant to its appointment under section 4042(b) or carrying out the termination of a plan pursuant to its appointment under section 4042(c) (3) Section 4004(b) of such Act ( 29 U.S.C. 1304(b) (A) in paragraph (1), by striking pension plans trusteed by the corporation pension plans for which the corporation has been appointed under section 4042 to carry out their termination (B) in paragraph (2), by striking plans trusteed by the corporation plans for which the corporation has been appointed under section 4042 to carry out their termination (4) Section 4005(b)(1)(B) of such Act (29 U.S.C. 1305(b)(1)(B)) is amended by striking a plan administered under section 4042 by a trustee a plan that the corporation has been appointed to terminate under section 4042 (5) Section 4007(a) of such Act ( 29 U.S.C. 1307(a) a trustee the corporation (6) Section 4044 of such Act ( 29 U.S.C. 1344 (A) in subsection (c), by striking the date a trustee is appointed under section 4042(b) the date the corporation is appointed under section 4042(b) to administer the plan (B) in subsection (f)— (i) in paragraph (2)(C)(ii), by striking the trustee appointed under section 4042(b) or (c) the corporation, for the account of the plan (ii) in paragraph (3), by amending subparagraph (B) to read as follows: (B) the amount of any liability to the corporation under section 4062(b) or (c). . (7) Section 4045 of such Act ( 29 U.S.C. 1345 trustee corporation (8) (A) Section 4046 of such Act ( 29 U.S.C. 1346 (B) The table of sections for subtitle C of title IV of such Act is amended by striking the item relating to section 4046. (9) Section 4048 of such Act ( 29 U.S.C. 1348 (A) in subsection (a)(4), by striking (or the trustee) (B) in subsection (b)(2), by striking (or the trustee appointed under section 4042(b)(2), if any) (10) Section 4050(a)(2) of such Act ( 29 U.S.C. 1350(a)(2) to the corporation as trustee, and shall be held with assets of terminated plans for which the corporation is trustee under section 4042 to the corporation, as appointed under section 4042 to carry out the termination of a plan, and shall be held with assets of terminated plans that the corporation has been appointed to terminate under section 4042 (11) Section 4062 of such Act ( 29 U.S.C. 1362 (A) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) liability to the corporation, for the account of the corporation, to the extent provided in subsection (b), and (2) liability to the corporation, for the account of the plan, to the extent provided in subsection (c). ; (B) in the heading of subsection (b), by inserting for its own account corporation (C) in subsection (c)— (i) in the heading, by striking section 4042 trustee the Corporation for the Account of the Plan (ii) in the matter preceding paragraph (1), by striking the trustee appointed under subsection (b) or (c) of section 4042 the corporation, for the account of the plan, as appointed under section 4042 to carry out the termination of the plan 314. Recordkeeping for terminating plans (a) Single-Employer plan benefits guaranteed Section 4022 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322 (i) Recordkeeping The Corporation may issue regulations to require plan sponsors or plan administrators to maintain records necessary to enable the to determine benefits as of the termination date. Such regulations may require plan sponsors or plan administrators to certify to the corporation that such records are being maintained. . (b) Allocation of assets Section 4044 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1344 (g) Recordkeeping The Corporation may issue regulations to require plan sponsors or plan administrators to maintain records necessary to enable the Corporation to determine benefits as of the termination date. Such regulations may require plan sponsors or plan administrators to certify to the corporation that such records are being maintained. . 315. Termination date in bankruptcy Sections 4022(g) and 4044(e) of the Employee Retirement Income Security Act of 1974, as added by section 404 of the Pension Protection Act of 2006 ( Public Law 109–280 IV Other systemic reforms 401. Plan audit quality improvement (a) Annual reports Section 103(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(a)(3) (1) in subparagraph (A), by striking in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Such examination shall be conducted in accordance with generally accepted auditing standards, and shall involve such tests of the books and records of the plan as are considered necessary by the independent qualified public accountant. in conformity with generally accepted accounting principles, as superseded or modified by the Secretary in regulations, applied on a basis consistent with that of the preceding year. Such examination shall be conducted in accordance with generally accepted auditing standards, except as superseded or modified by the Secretary in regulations, and shall involve such tests of the books and records of the plan as are considered necessary by the independent qualified public accountant. (2) by adding at the end the following: (E) Persons described in subparagraphs (i) through (iii) of subparagraph (D) shall be subject to such additional standards regarding conflicts of interest, qualifications, and direct reporting of certain events such as fraud and other irregularities as the Secretary may prescribe in regulations. . (b) Civil enforcement Section 502(c)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(2) If the Secretary rejects an annual report in whole or in part due to the failure to comply with a requirement of section 103 imposed on an accountant, actuary, or other person, the Secretary may assess all or part of the civil penalty against such person. The Secretary may require remediation in place of assessing all or part of a penalty. (c) Debarment for deficient audits or for failing To meet qualification standards (1) In general Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following: 522. Debarment for deficient audits or for failing to meet qualification standards (a) In general If the Secretary finds, after notice and opportunity for a hearing, that an accountant or accounting firm has engaged in any act or practice, or failed to act, in violation of section 103 relating to the preparation and issuance of audit reports, or with professional standards, the Secretary may issue an order to bar an accountant or accounting firm (or division or component of such firm), on a temporary or permanent basis, from directly or indirectly engaging in specified activities relating to performing or supervising plan audits required under section 103. (b) Hearings The subject of a debarment order may request a hearing and file an answer not later than 30 days after the date of service of the notice of the debarment order, in accordance with regulations prescribed by the Secretary. Failure to request a hearing within such 30-day period shall constitute a waiver of the right to appear and contest the facts alleged in the debarment order and an admission of the facts alleged in the order for purposes of any related proceedings under this part. Such order shall then become a final agency action under section 704 of title 5, United States Code. (c) Modification or termination of orders The Secretary may modify or terminate an order issued under this section, upon the request of the subject of the order and pursuant to procedures established by the Secretary, if the Secretary determines that such modification or termination is in the interest of plan participants and beneficiaries. (d) Publicity of orders The Secretary shall make all final orders under this section (including modified orders) public and shall notify applicable State regulatory organizations upon the issuance of such final orders (including modified orders). (e) Jurisdiction Lawsuits by the subject of an order to review the final order of the Secretary may be brought only in the district court of the United States for the district where the subject of the order has its principal office or in the United States District Court for the District of Columbia. (f) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this section. . (2) Clerical amendment The table of sections for part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new item: 522. Debarment for deficient audits or for failing to meet qualification standards. . (d) Exception (1) In general Section 103(a)(3)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)(C)) is amended by striking if such statements are certified by the bank, similar institution, or insurance carrier as accurate and are made part of the annual report. except to the extent required under regulations promulgated by the Secretary. (2) Effective date The amendment made by paragraph (1) shall not become effective until the Secretary has promulgated final regulations with respect to such amendment. 402. Special rules relating to treatment of qualified domestic relations orders (a) Preservation of Assets (1) Amendments to ERISA Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d)(3) (A) by redesignating subparagraph (N) as subparagraph (O); and (B) by inserting after subparagraph (M) the following: (N) Preservation of assets (i) In general If a spouse or former spouse of a participant— (I) notifies a plan in writing that— (aa) an action is pending pursuant to a State domestic relations law (including a community property law), and (bb) all or a portion of the benefits payable with respect to the participant under the plan are a subject of such action, and (II) includes with the notice evidence of the pendency of the action, the plan administrator shall, during the segregation period, separately account for 50 percent of such benefits. Any amounts so separately accounted for may not be distributed by the plan during the segregation period. (ii) Segregation period (I) In general For purposes of clause (i), the term segregation period (aa) beginning on the date of receipt by the plan of the notice under clause (i), and (bb) ending on the earlier of— (AA) 90 days after the date of receipt of such notice, or (BB) the date of receipt of a domestic relations order with respect to the participant and the prospective alternate payee or the date on which the action is no longer pending. (II) Extension of segregation period The segregation period shall be extended for 1 or more additional periods described in subclause (I) upon notice by the spouse or former spouse that the action described in clause (i)(I)(aa) is still pending as of the close of any prior segregation period. . (2) Amendments to 1986 code Section 414(p) (A) by redesignating paragraph (13) as paragraph (14); and (B) by inserting after paragraph (12) the following: (13) Preservation of assets (A) In general If a spouse or former spouse of a participant— (i) notifies a plan in writing that— (I) an action is pending pursuant to a State domestic relations law (including a community property law), and (II) all or a portion of the benefits payable with respect to the participant under the plan are a subject of such action, and (ii) includes with the notice evidence of the pendency of the action, the plan administrator shall, during the segregation period, separately account for 50 percent of such benefits. Any amounts so separately accounted for may not be distributed by the plan during the segregation period. . (B) Segregation period (i) In general For purposes of subparagraph (A), the term segregation period (I) beginning on the date of receipt by the plan of the notice under clause (i), and (II) ending on the earlier of— (aa) 90 days after the date of receipt of such notice, or (bb) the date of receipt of a domestic relations order with respect to the participant and the prospective alternate payee or the date on which the action is no longer pending. (ii) Extension of segregation period The segregation period shall be extended for 1 or more additional periods described in clause (i) upon notice by the spouse or former spouse that the action described in subparagraph (A)(i)(I) is still pending as of the close of any prior segregation period. . (b) Penalty for failure To provide information regarding alternate payees (1) In general Section 502(c), as amended by section 312, of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c) (A) by redesignating paragraphs (8), (9), (10), (11), and (12) as paragraphs (9), (10), (11), (12), and (13) respectively; and (B) by inserting after paragraph (7) the following: (8) Failure to provide information regarding alternate payees The plan administrator shall provide information regarding the benefit to prospective alternative payees under a domestic relations order under section 206(d)(3) or any representative of a prospective alternative payee in connection with such an order. The Secretary may assess a civil penalty against any plan administrator of up to $100 a day from the date of the plan administrator's failure or refusal to provide such information. . (2) Conforming amendment Section 502(a)(6) of such Act ( 29 U.S.C. 1132(a)(6) or (11) (11), or (12) (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. 403. Correction to bonding requirement Section 412(a)(3)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1112(a)(3)(D)) is amended by striking Paragraph (2) This paragraph 404. Retaliation protections Section 510 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1140 , has filed or made any oral or written complaint (including to a fiduciary, an employer, or the Secretary), given information

USA Retirement Funds Act

Medicaid and CHIP Continuous Quality Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan to provide 12-month continuous enrollment for an eligible individual, regardless of age. Directs the Secretary of Health and Human Services (HHS) to: (1) identify methods that promote the retention of individuals who are enrolled under the state plan and remain eligible for medical assistance beyond the 12-month period, (2) actively promote the adoption of such enrollment retention methods by states, (3) publish the procedures that states are expected to use to provide annual enrollment and retention reports, and (4) publish annually enrollment and retention performance results for all states. Amends SSA title XXI (State Children's Health Insurance) (CHIP) to: (1) require a state CHIP plan also to provide 12-month continuous enrollment for an eligible individual, (2) prohibit eligibility standards from applying a waiting period for a targeted low-income child (including a child provided dental-only supplemental coverage), and (3) extend the authorization of CHIP performance bonuses through FY2015. Amends SSA title XIX to allow a state to qualify for performance bonuses for the enrollment and retention in Medicaid of certain low-income individuals. Requires a state to develop and implement a quality assessment and improvement strategy if it provides contracts with comparable primary care case management services providers as well as health care services furnished in fee-for-service settings. Directs the Secretary to require states to use certain adult health quality measures and approaches to report on the initial core set of quality measures for Medicaid eligible adults and for the quality of pediatric health care. Directs the Secretary to establish: (1) a Medicaid Quality Performance Bonus fund for awarding performance bonuses to select states for high attainment and improvement on a core set of quality measures related to the goals and purposes of the Medicaid program, as well as (2) a methodology for awarding Medicaid Quality Performance bonuses to states Requires a state, as a condition of receiving a bonus fund award, to designate at least 75% of the performance bonus funds for the development and operation of quality-related initiatives that will directly benefit providers.

To amend titles XIX and XXI of the Social Security Act to provide for 12-month continuous enrollment under the Medicaid program and Children’s Health Insurance Program and to promote quality care. 1. Short title This Act may be cited as the Medicaid and CHIP Continuous Quality Act of 2014 2. Findings Congress finds the following: (1) Every year millions of people are enrolled in Medicaid and the Children’s Health Insurance Program (in this section referred to as CHIP (2) Data show that the typical enrollee receives Medicaid coverage for about three-quarters of the year. Coverage periods are lower for non-elderly, non-disabled adults than for those with disabilities, seniors, and children. (3) Medicaid enrollees with coverage disruption are more likely to be hospitalized for illnesses like asthma, diabetes, or cardiovascular disease that can be effectively managed through ongoing primary medical care and medication, are less likely to be screened for breast cancer, and may have poorer cancer outcomes. (4) Children enrolled in CHIP also experience disruptions in health coverage and care. For example, during just a one-year period, over one-third of CHIP enrollees were also enrolled in a State’s Medicaid program. Transitions between Medicaid and CHIP can cause disruptions in care because the health care coverage and participating providers vary between the two programs. (5) Interruptions in coverage can impair the receipt of effective primary care and lead to expensive hospitalizations or emergency room visits. (6) Unnecessary enrollment, disenrollment and reenrollment in Medicaid and CHIP result in higher administrative expenses for reenrollment and result in more people uninsured at any given time. (7) Stable coverage under Medicaid and CHIP lowers average monthly medical costs. Continuous enrollment also permits better prevention and disease management, leading to fewer serious illnesses and hospitalizations. (8) Children with stable coverage are less likely to have unmet medical needs, allowing children to receive the preventive care that is necessary to help them grow into healthy adults. (9) For the majority of Medicaid enrollees who are served by Primary Care Case Management (PCCM) or fee-for-service arrangements, there are no Federal requirements for comparable quality monitoring or improvement. No structured oversight exists for Medicaid enrollees when they move between fee-for-service and capitated managed care plans. Thus, there currently is no ability to make fair assessments across all modes of care for Medicaid enrollees. 3. 12-month continuous enrollment (a) Requirement of 12-Month continuous enrollment under Medicaid (1) In general Section 1902(e)(12) of the Social Security Act (42 U.S.C. 1396a(e)), is amended to read as follows: (12) 12-month continuous enrollment (A) In general Notwithstanding any other provision of this title, a State plan approved under this title (or under any waiver of such plan approved pursuant to section 1115 or section 1915), shall provide that an individual who is determined to be eligible for benefits under such plan (or waiver) shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. (B) Promoting retention of eligible and enrolled persons beyond 12 months The Secretary shall— (i) identify methods that promote the retention of individuals who are enrolled under the State plan and who remain eligible for medical assistance beyond the 12-month period described in subparagraph (A); and (ii) actively promote the adoption of such enrollment retention methods by States, which should include but not be limited to issuing guidance and developing resources on State best practices. (C) Enrollment and retention reporting (i) In general Not later than September 30, 2014, the Secretary shall publish the procedures that States are expected to use to provide annual enrollment and retention reports beginning September 30, 2015. (ii) State reporting requirements At a minimum, such reporting procedures shall include a description of State eligibility criteria and enrollment procedures under this title, and data regarding enrollment and retention using standardized reporting formats determined by the Secretary. (iii) Secretary report and publication The Secretary shall annually publish enrollment and retention performance results for all States beginning not later than June 30, 2016. (iv) Each such annual report shall include estimates of Medicaid enrollment continuity ratios for each State. In this clause, the term enrollment continuity ratio (v) For purposes of such reports, the Secretary shall develop both overall ratios for all enrollees and separate ratios for the following categories: (I) Children. (II) Individuals whose eligibility category is related to being equal to or over the age of 65. (III) Individuals whose eligibility category is related to disability or blindness. (IV) Individuals whose eligibility category is related to their status as parents and caretaker relatives of children under 19 or who are otherwise not elderly, blind or disabled adults. . (b) Requirement of 12-Month continuous enrollment under CHIP (1) In general Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph: (6) Requirement for 12-month continuous enrollment Notwithstanding any other provision of this title, a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), shall provide that an individual who is determined to be eligible for benefits under such plan shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. . (2) Conforming amendment Section 2105(a)(4)(A) of the Social Security Act (42 U.S.C. 1397ee(a)(4)(A)) is amended— (A) by striking has elected the option of is in compliance with the requirement for (B) by striking applying such policy under its State child health plan under this title in compliance with section 2102(b) (c) Effective date (1) In general Except as provided in paragraph (2) or (3), the amendments made by subsections (a) and (b) shall apply to determinations (and redeterminations) of eligibility made on or after the date that is 18 months after the date of the enactment of this Act. (2) Extension of effective date for state law amendment In the case of a State plan under title XIX or State child health plan under title XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (3) Option to implement 12-month continuous eligibility prior to effective date A State may elect through a State plan amendment under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. 4. Preventing the application under CHIP of coverage waiting periods (a) In general Section 2102(b)(1)(B) of the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended— (1) in clause (iii)— (A) by striking in the case of in the case of a targeted low-income child (including a child provided dental-only supplemental coverage under section 2110(b)(5)) or in the case of (B) by adding and (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (b) Conforming amendments Section 2105(c)(10) of the Social Security Act ( 42 U.S.C. 1397ee(c)(10) (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 5. Performance bonuses for enrollment and retention improvements for certain individuals (a) Medicaid Section 1903 of the Social Security Act ( 42 U.S.C. 1396b (aa) Performance bonuses for enrollment and retention of low-Income individuals (1) In general In addition to performance bonuses for enrollment and retention described in section 2105(a) (related to children), a State may qualify for 1 or more performance bonuses related to the enrollment and retention of individuals described in section 1902(e)(12)(C)(iii)(III). For purposes of this paragraph, a State meets the condition of this paragraph for such individuals if, for each category of individuals specified in section 1902(e)(12)(C)(iii)(III) and selected by the State for additional enrollment and retention provisions, the State is implementing at least 3 of the following enrollment and retention provisions (treating each subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year: (A) Aligning treatment of income under medicaid with that of other insurance affordability programs The State implements policies, including prorating income over annual periods, so as to align its treatment of income for purposes of a determination of eligibility for medical assistance with that of other affordability insurance programs with the goal of eliminating inconsistent determinations among these programs. (B) Maintaining coverage for individuals during periods of transition (i) In general Upon determination that an individual is no longer eligible for medical assistance, the State implements policies to maintain eligibility for medical assistance, including enrollment in the managed care organization in which the individual was enrolled at the time of the determination of ineligibility, during the period of time in which— (I) eligibility-related information is transmitted to the other insurance affordability programs; (II) a determination is made as to for which other insurance affordability program the individual is eligible; and (III) coverage in such program and any related managed care organization becomes effective. (ii) Managed care organization continuity The State shall also implement policies to enroll the individual in the managed care organization in which the individual was a member prior to the loss of medical assistance eligibility, if such managed care organization participates in the other insurance affordability program, unless the individual voluntarily selects a separate managed care organization. (C) Enhanced data-sharing between agencies The State utilizes findings from an American Health Benefit Exchange, an Express Lane Agency (as identified by the State and as described in section 1902(e)(13)(F)) or the Social Security Administration or other agencies administering employment, educational, or social services programs as identified by the State, to document income, assets, residency, age or other relevant information in determining or renewing eligibility. (D) Eligibility based on pending status The State maintains eligibility for enrollees whose renewal status has not yet been determined and for whom eligibility based on alternative eligibility criteria has not yet been ruled out. (E) Default reenrollment in managed care organization In the case of individuals who are determined to be eligible for medical assistance under this title after the loss of eligibility for fewer than 6 months, and who previously had been members of a managed care organization, the State re-enrolls the individual in the managed care organization in which the individual was a member prior to the loss of eligibility, unless the individual voluntarily selects a separate managed care organization. (2) Performance bonus payment to offset costs resulting from 12-month continuous enrollment for medicaid enrollees (A) Authority to make bonus payments (i) In general In addition to the payments provided under section 2105(a) of the Social Security Act, subject to subparagraph (C) the Secretary shall make payments to a State (beginning with fiscal year 2016) that satisfies the requirements of subparagraph (B). (ii) Regulations Payments to States shall be allocated annually among States in accordance with regulations promulgated by the Secretary not later than July 1, 2015. (iii) Timing The payment under this paragraph shall be made, to a State for a fiscal year, as a single payment not later than the last day of the first calendar quarter of the following fiscal year to which the performance payment applies. (B) State eligibility for bonus payments A State shall be eligible for bonus payments under this subsection if— (i) the State has adopted at least 3 of the 5 policies described in subparagraphs (A) through (E) of paragraph (1); and (ii) the State is able to demonstrate improvement in the continuity of enrollment by aged, blind, and disabled and adult populations, compared to its baseline performance in fiscal year 2013. (C) Amounts available for payments (i) In general The total amount of payments under paragraphs (1) and (2) of this section shall be equal to $500,000,000 for fiscal year 2016 for making payments under this paragraph, to be available until expended. (ii) Budget authority This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subsection. (D) Uses of enrollment and retention performance bonuses Nothing in this section shall prohibit a State from establishing criteria which would permit the State to distribute a portion of the proceeds of any performance bonuses received pursuant to this section to financially support providers who have contributed to improved enrollment and retention activities. For purposes of allocation of Enrollment and Retention Performance Bonuses the definition of provider shall have the meaning given to it in a State Plan. . (b) Extension of CHIP Performance Bonus To align with reauthorization of State allotments Section 2105(a)(3) of the Social Security Act ( 42 U.S.C. 1397ee(a)(3) (1) in subparagraph (A), by striking 2013 2015 (2) in subparagraph (E)(ii)— (A) in the heading for subclause (I)(aa), by striking 2012 2014 (B) in subclause (I)(aa)— (i) by striking 2012 2014 (ii) by striking subsection (a) section 2104(a) (iii) by striking subsection (m) section 2104(m) (C) in the heading for subclause (I)(bb), by striking 2013 2015 (D) in subclause (I)(bb)— (i) by striking fiscal year 2013 fiscal year 2015 (ii) by striking subsection (a)(16)(A) section 2104(a)(18)(A) (iii) by striking October 1, 2012, and ending on March 31, 2013 October 1, 2014, and ending on March 31, 2015 (iv) by striking subsection (m) section 2104(m) (v) by striking or set aside under subsection (b)(2) of section 2111 for such fiscal year (E) in the heading for subclause (I)(cc), by striking 2013 2015 (F) in subclause (I)(cc)— (i) by striking 2013 2015 (ii) by striking subsection (a)(16)(B) section 2104(a)(18)(B) (iii) by striking subsection (m) section 2104(m) (iv) by striking or set aside under subsection (b)(2) of section 2111 for such fiscal year (G) in subclause (II), by striking 2013 2015 (H) in subclause (III), by striking 2013 2015 (3) in subparagraph (F)(iii), by striking 2013 2015 6. Measuring and reporting on comparable health care quality measures for all persons enrolled in Medicaid (a) Quality assurance standards Section 1932(c)(1) of the Social Security Act ( 42 U.S.C. 1396u–2(c)(1) 1903(m) or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings (b) Adult health quality measures Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. Public Law 111–148 (1) by adding after (b)(3) the following: (4) Quality reporting for medicaid eligible adults Beginning January 1, 2016, the Secretary shall require States to use the measures and approaches identified in paragraph (3) of this subsection to report on the initial core set of quality measures for Medicaid eligible adults identified in paragraph (2), subject to revisions made by (5)(B) of this subsection. ; (2) by redesignating subsection (b)(4) as (b)(5) and (b)(5) as (b)(6); (3) in subsection (d)(1)(B) inserting after Section 1937 of this title or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings (4) in subsection (d)(2) by inserting after (1) including analysis of comparable quality measures for Medicaid eligible adults who receive their health services through managed care, primary care case management, and fee-for-service settings (c) Pediatric health care measures (1) In general Title XI of the Social Security Act, is amended at section 1139A(a) (42 U.S.C. 1320b–9a(a)) by— (A) inserting after paragraph (4) as if it were included upon enactment: (5) Reporting of pediatric health care measures Not later than five years after the date of enactment of the Medicaid Continuous Quality Act of 2012, States shall use the procedures and approaches identified in paragraph (4) to report information on the initial core measurement set regarding the quality of pediatric health care under titles XIX and XXI. ; (B) redesignating paragraphs (5), (6), (7) and (8) as (6), (7), (8) and (9), respectively; and (C) in subsection (c)(1)(B), inserting after section 2103 of such Act or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings 7. Performance bonuses for significant achievement in Medicaid quality performance Section 1932(c)(1) of the Social Security Act ( 42 U.S.C. 1396u–2(c)(1) (F) Performance bonus for quality performance achievement (i) In general The Secretary shall establish a Medicaid Quality Performance Bonus fund for awarding performance bonuses to States for high attainment and improvement on a core set of quality measures related to the goals and purposes of the Medicaid program. (ii) Quality performance bonus methodology Not later than three years after the date of enactment of this Act, the Secretary shall establish a methodology for awarding Medicaid Quality Performance bonuses to States not less than annually which will be based on the annual State reports required under section 1138B of title XI of the Social Security Act, in accordance with regulations promulgated by the Secretary. (iii) Quality performance measurement bonuses Medicaid Quality Performance Bonus funds will be awarded to up to 10 States that meet thresholds established by the Secretary for— (I) the top five States achieving the designation of superior quality performing State; or (II) five States demonstrating the greatest relative level of annual improvement in quality performance. (iv) Initial appropriation The total amount of payments under this subparagraph shall be equal to $500,000,000 for making payments under this subparagraph, to be available until expended. This subparagraph constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subparagraph. (v) Uses of quality performance bonus funds (I) Designation for quality improvement activities As a condition of receiving a bonus fund award under clause (iii), a State shall agree to designate at least 75 percent of the performance bonus funds for the development and operation of quality-related initiatives that will directly benefit providers, including— (aa) provider pay-for-performance programs; (bb) provider collaboration initiatives that have been demonstrated to improve performance on quality; (cc) provider quality improvement initiatives, including those aimed at improving care for special and hard-to-reach populations; and (dd) Secretary-approved activities and initiatives that a State may pursue to encourage quality improvement and patient-focused high value care. Nothing in this subparagraph shall prohibit a State from establishing criteria for the State provider performance program that limits the award to a particular provider type(s), that limits application to a specific geographic area, or that directs incentive programs for quality-related activities for specific populations, including individuals eligible under this title and title XVIII of the Social Security Act, hard-to-reach populations. (II) Remaining bonus funds States may designate up to 25 percent of the quality performance bonus award for activities related to the goals and purposes of the program. (vi) Definition of providers For purposes of allocation of Medicaid Quality Performance Bonuses the definition of provider shall have the meaning given to it in a State Plan. Nothing in this section shall prohibit a State from investing bonus funds into quality improvement activities for managed care entities. .

Medicaid and CHIP Continuous Quality Act of 2014

Open Internet Preservation Act of 2014 - Restores rules adopted by the Federal Communications Commission (FCC) in the Report and Order in the matter of preserving the open Internet and broadband industry practices (adopted on December 21, 2010) that were vacated by the U.S. Court of Appeals for the D.C. Circuit in Verizon v. Federal Communications Commission (decided on January 14, 2014). Requires such rules to remain in effect until the FCC takes final action in the proceedings remanded to the FCC in such D.C. Circuit decision.

To provide that the rules of the Federal Communications Commission relating to preserving the open Internet and broadband industry practices shall be restored to effect until the date when the Commission takes final action in the proceedings on such rules that were remanded to the Commission by the United States Court of Appeals for the District of Columbia Circuit. 1. Short title This Act may be cited as the Open Internet Preservation Act of 2014 2. Restoration of open Internet rules during remanded proceedings (a) In general The rules adopted by the Federal Communications Commission in the Report and Order in the matter of preserving the open Internet and broadband industry practices (FCC 10–201; adopted on December 21, 2010) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Verizon v. Federal Communications Commission (No. 11–1355; decided on January 14, 2014) shall be restored to effect during the period beginning on the date of the enactment of this Act and ending on the date when the Commission takes final action in the proceedings remanded to the Commission in that decision. (b) Adjudication authority After the end of the period described in subsection (a), the Federal Communications Commission may continue to adjudicate cases regarding violations of the rules described in such subsection that occurred during such period.

Open Internet Preservation Act of 2014

Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 - Amends federal veterans provisions to revise or add provisions concerning medical services and other benefits provided to veterans and/or their dependents through the Department of Veterans Affairs (VA) relating to the following areas: survivor and dependent matters, including benefits for children of certain veterans born with spina bifida; education matters, including the approval of courses for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs; the expansion and extension of certain health care benefits, including immunizations, chiropractic care, treatment for traumatic brain injury, and wellness promotion; health care administration, including extension of the Department of Veterans Affairs Health Professional Scholarship Program, and complementary and alternative medicine; mental health care, including an education program and peer support program for family members and caregivers of veterans with mental health disorders; dental care eligibility and expansion, including a program of education to promote dental health in veterans; health care related to sexual trauma, including appropriate counseling and treatment and a screening mechanism to detect incidents of domestic abuse; reproductive treatment and services, including fertility counseling as well as adoption assistance for severely wounded veterans; major medical facility leases; veterans' employment training and related services; veterans' employment, including within the federal government and as first responders; career transition services; employment and reemployment rights of members of the Armed Forces after active duty service; small business matters, including contracting and subcontracting participation goals with federal departments and agencies; administrative matters, including regional support centers for Veterans Integrated Service Networks; the revision of claims based on military sexual trauma as well as claims for dependency and indemnity compensation; jurisdictional matters, including with respect to the Board of Veterans' Appeals and the Court of Appeals for Veterans Claims; the revision of certain rights under the Servicemembers Civil Relief Act, including protections with respect to the expiration of professional licenses, a prohibition on the denial of credit or the termination of residential leases due to military service, and the temporary protection of surviving spouses under mortgage foreclosures; and outreach and miscellaneous matters, including: (1) repeal of the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62, and (2) the accounting for discretionary accounts designated for overseas contingency operations/global war on terrorism.

To improve the provision of medical services and benefits to veterans, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. Sec. 3. Budgetary effects. TITLE I—Survivor and Dependent Matters Sec. 101. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children. Sec. 102. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55. Sec. 103. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension. Sec. 104. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment. Sec. 105. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. Sec. 106. Expansion of Yellow Ribbon G.I. Education Enhancement Program. Sec. 107. Benefits for children of certain Thailand service veterans born with spina bifida. Sec. 108. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida. Sec. 109. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces. Sec. 110. Program evaluation on survivors' and dependents' educational assistance authorities. TITLE II—Education Matters Sec. 201. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. Sec. 202. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs. Sec. 203. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill. Sec. 204. Review of utilization of educational assistance to pursue programs of training on the job and participating employers. Sec. 205. Report on debt management and collection. Sec. 206. Restoration of prior reporting fee multipliers. TITLE III—Health Care Matters Subtitle A—Expansion and Improvements of Benefits Generally Sec. 301. Requirement for enrollment in patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll. Sec. 302. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war. Sec. 303. Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program. Sec. 304. Improved access to appropriate immunizations for veterans. Sec. 305. Expansion of provision of chiropractic care and services to veterans. Sec. 306. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water. Sec. 307. Expansion of emergency treatment reimbursement for certain veterans. Sec. 308. Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs. Sec. 309. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report. Sec. 310. Coverage of costs of care for veterans at medical foster homes. Sec. 311. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury. Sec. 312. Program on health promotion for overweight and obese veterans through support of fitness center memberships. Sec. 313. Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities. Subtitle B—Health Care Administration Sec. 321. Extension of Department of Veterans Affairs Health Professional Scholarship Program. Sec. 322. Expansion of availability of prosthetic and orthotic care for veterans. Sec. 323. Contracting for health care. Sec. 324. Limitation on expansion of dialysis pilot program. Sec. 325. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department. Sec. 326. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs. Sec. 327. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs. Sec. 328. Report on provision of telemedicine services. Sec. 329. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. Subtitle C—Complementary and Alternative Medicine Sec. 331. Expansion of research and education on and delivery of complementary and alternative medicine to veterans. Sec. 332. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers. Sec. 333. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. Sec. 334. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans. Subtitle D—Mental Health Care Sec. 341. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs. Sec. 342. Education program and peer support program for family members and caregivers of veterans with mental health disorders. Sec. 343. Report on provision of mental health services for families of certain veterans at facilities of the Department. Sec. 344. Annual report on community mental health partnership pilot program. Subtitle E—Dental care eligibility expansion and enhancement Sec. 351. Restorative dental services for veterans. Sec. 352. Pilot program on expansion of furnishing of dental care to all enrolled veterans. Sec. 353. Program on education to promote dental health in veterans. Sec. 354. Information on dental services for inclusion in electronic medical records under dental insurance pilot program. Sec. 355. Authorization of appropriations. Subtitle F—Health care related to sexual trauma Sec. 361. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training. Sec. 362. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. Sec. 363. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse. Sec. 364. Reports on military sexual trauma and domestic abuse. Subtitle G—Reproductive treatment and services Sec. 371. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services. Sec. 372. Reproductive treatment and care for spouses and surrogates of veterans. Sec. 373. Adoption assistance for severely wounded veterans. Sec. 374. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs. Sec. 375. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment. Sec. 376. Facilitation of reproduction and infertility research. Sec. 377. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs. Sec. 378. Program on assistance for child care for certain veterans. Sec. 379. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces. Subtitle H—Major medical facility leases Sec. 381. Authorization of major medical facility leases. Sec. 382. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. TITLE IV—Employment and Related Matters Subtitle A—Training and other services for veterans seeking employment Sec. 401. Reauthorization of veterans retraining assistance program. Sec. 402. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses. Sec. 403. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law. Sec. 404. Unified employment portal for veterans. Sec. 405. Report on unified Government Internet portal for veterans on jobs available through the Federal Government. Sec. 406. Information on disability-related employment and education protections in Transition Assistance Program. Subtitle B—Employment of veterans and recognition of veteran status with respect to employment related matters Sec. 411. Employment of veterans with the Federal Government. Sec. 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans. Sec. 413. Grants to hire veterans as first responders. Sec. 414. Employment of veterans as evaluation factor in the awarding of Federal contracts. Sec. 415. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market. Subtitle C—Program on Career Transition Sec. 421. Program on provision of career transition services to young veterans. Subtitle D—Improving employment and reemployment rights of members of the uniformed services Sec. 431. Enforcement of rights of members of uniformed services with respect to States and private employers. Sec. 432. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services. Sec. 433. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies. Sec. 434. Issuance and service of civil investigative demands by Attorney General. Subtitle E—Small Business Matters Sec. 441. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans. Sec. 442. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners. Sec. 443. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences. Sec. 444. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States. Sec. 445. Report on assistance for veterans in obtaining training on purchasing and operating a franchise. TITLE V—Accountability and Administrative Improvements Sec. 501. Administration of Veterans Integrated Service Networks. Sec. 502. Regional support centers for Veterans Integrated Service Networks. Sec. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities. Sec. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs. Sec. 505. Public access to Department of Veterans Affairs research and data sharing between Departments. Sec. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration. Sec. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs. TITLE VI—Improvement of Processing of Claims for Compensation Subtitle A—Claims Based on Military Sexual Trauma Sec. 601. Medical examination and opinion for disability compensation claims based on military sexual trauma. Sec. 602. Case representative officers for military sexual trauma support. Sec. 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma. Sec. 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma. Subtitle B—Claims for dependency and indemnity compensation Sec. 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims. Sec. 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children. Subtitle C—Agency of Original Jurisdiction Sec. 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment. Sec. 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators. Sec. 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies. Sec. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs. Sec. 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs. Sec. 626. Department of Veterans Affairs notice of average times for processing compensation claims. Sec. 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated. Sec. 628. Reports on use of existing authorities to expedite benefits decisions. Sec. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations. Subtitle D—Board of Veterans' Appeals and Court of Appeals for Veterans Claims Sec. 631. Treatment of certain misfiled documents as a notice of appeal to the Court of Appeals for Veterans Claims. Sec. 632. Determination of manner of appearance for hearings before Board of Veterans' Appeals. TITLE VII—Outreach Matters Sec. 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations. Sec. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities. Sec. 703. Advisory committee on outreach activities of Department of Veterans Affairs. Sec. 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care. Sec. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs. Sec. 706. Budget transparency for outreach activities of Department of Veterans Affairs. TITLE VIII—Enhancement of rights under Servicemembers Civil Relief Act Sec. 801. Modification of period determining which actions are covered under stay of proceedings and adjustment of obligation protections concerning mortgages and trust deeds of members of uniformed services. Sec. 802. Protections for members of uniformed services regarding professional licenses. Sec. 803. Prohibition on denial of credit because of eligibility for protection. Sec. 804. Interest rate limitation on debt entered into during military service to consolidate or refinance student loans incurred before military service. Sec. 805. Termination of residential leases after assignment or relocation to quarters of United States or housing facility under jurisdiction of uniformed service. Sec. 806. Protection of surviving spouse with respect to mortgage foreclosure. Sec. 807. Improved protection of members of uniformed services against default judgments. Sec. 808. Clarification regarding application of enforcement authority of Attorney General and private right of action under Servicemembers Civil Relief Act. Sec. 809. Clerical amendments. TITLE IX—Other Matters Sec. 901. Repeal of reductions made by Bipartisan Budget Act of 2013. Sec. 902. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension. Sec. 903. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities. Sec. 904. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans. Sec. 905. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans. Sec. 906. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders. Sec. 907. Authority to issue Veterans ID Cards. Sec. 908. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces. Sec. 909. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification purposes. Sec. 910. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans. Sec. 911. Review of determination of certain service in Philippines during World War II. Sec. 912. Review of determination of certain service of merchant mariners during World War II. Sec. 913. Report on Laotian military support of Armed Forces of the United States during Vietnam War. Sec. 914. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss. Sec. 915. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans. Sec. 916. Limitation on aggregate amount of bonuses payable to personnel of the Department of Veterans Affairs during fiscal year 2014. Sec. 917. Amendment to OCO adjustments. 2. 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. 3. Budgetary effects (a) Paygo scorecard The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). (b) Senate paygo scorecard The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). I Survivor and Dependent Matters 101. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children (a) In general Section 1311(f)(2) is amended by striking two-year three-year (b) Effective date The amendment made by subsection (a) shall take effect as of September 30, 2014, and shall apply to any surviving spouse who was eligible for or in receipt of benefits under section 1311(f) 102. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55 (a) In general Paragraph (2)(B) of section 103(d) is amended to read as follows: (B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. . (b) Conforming amendment Paragraph (5) of such section is amended by striking Paragraphs (2)(A) Paragraphs (2) (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 103. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension Section 1541(f)(1)(E) is amended by striking January 1, 2001 the date that is 10 years and one day after the date on which the Persian Gulf War was terminated, as prescribed by Presidential proclamation or by law 104. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment Section 5110(l) is amended by striking , or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce, 105. Expansion of Marine Gunnery Sergeant John David Fry Scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 is amended by inserting or spouse child (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. . (c) Conforming amendment Section 3321(b)(4) is amended— (1) by striking an individual a child (2) by striking such individual’s such child’s (d) Effective date The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act. 106. Expansion of Yellow Ribbon G.I. Education Enhancement Program (a) In general Section 3317(a) is amended by striking in paragraphs (1) and (2) in paragraphs (1), (2), and (9) (b) Effective date The amendment made by subsection (a) shall apply with respect to academic terms beginning after July 1, 2015. 107. Benefits for children of certain Thailand service veterans born with spina bifida (a) In general Subchapter III of chapter 18 is amended by adding at the end the following new section: 1822. Benefits for children of certain Thailand service veterans born with spina bifida (a) Benefits authorized The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. (b) Spina bifida conditions covered This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. (c) Veteran of covered service in Thailand For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who— (1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and (2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. (d) Herbicide agent For purposes of this section, the term herbicide agent . (b) Conforming amendment to definition of child Section 1831(1) is amended— (1) in subparagraph (B)— (A) by striking subchapter III of this chapter section 1821 of this title (B) in clause (i), by striking section 1821 of this title that section (2) by adding at the end the following new subparagraph: (C) For purposes of section 1822 of this title, an individual, regardless of age or marital status, who— (i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. . (c) Clerical amendments (1) Subchapter heading The heading for subchapter III of chapter 18 is amended by inserting and Thailand Korea (2) Table of sections The table of sections at the beginning of chapter 18 is amended— (A) by striking the item relating to subchapter III and inserting the following new item: Subchapter III—Children of certain Korea and Thailand service veterans born with spina bifida ; and (B) by inserting after the item relating to section 1821 the following new item: 1822. Benefits for children of certain Thailand service veterans born with spina bifida. . (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 108. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida (a) Program Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of providing assisted living, group home care, or similar services in lieu of nursing home care to covered individuals. (b) Covered individuals For purposes of this section, a covered individual is any individual who is entitled to health care under subchapter I or III of chapter 18 (c) Duration (1) In general Except as otherwise provided in this subsection, the program shall be carried out during the three-year period beginning on the date of the commencement of the program. (2) Continuation Subject to paragraph (3), the Secretary may continue the program for an additional two-year period as the Secretary considers appropriate. (3) Termination The program may not operate after the date that is five years after the date of the commencement of the program. (d) Scope of services and program Under the program, the Secretary shall provide covered individuals with integrated, comprehensive services, including the following: (1) Assisted living, group home care, or such other similar services as the Secretary considers appropriate. (2) Transportation services. (3) Such other services as the Secretary considers appropriate for the care of covered individuals under the program. (e) Program requirements In carrying out the program, the Secretary shall— (1) inform all covered individuals of the services available under the program; (2) enter into agreements with appropriate providers of assisted living, group home care, or other similar services for provision of services under the program; and (3) determine the appropriate number of covered individuals to be enrolled in the program and criteria for such enrollment. (f) Reports (1) Preliminary reports (A) In general Not later than one year after the date of the commencement of the program and, if the program is continued under subsection (c)(2), not later than three years after the date of the commencement of the program, the Secretary 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 program. (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the program. (ii) The number of covered individuals receiving benefits under the program. (iii) An analysis that compares the costs of furnishing assisted living, group home care, or similar services with the costs of furnishing nursing home care. (iv) An analysis of the costs and benefits under the program. (v) The findings and conclusions of the Secretary with respect to the program. (vi) Such recommendations for the continuation or expansion of the program as the Secretary may have. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary 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 program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program. (ii) Such recommendations for the continuation or expansion of the program as the Secretary may have. (g) Funding Amounts to carry out the program shall be derived from amounts appropriated or otherwise made available for the furnishing of nursing home care under chapter 18 of title 38, United States Code. (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 109. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces (a) Program required (1) In general Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a program to assess the feasibility and advisability of providing grief counseling services described in subsection (b) in group retreat settings to surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces who would, as determined by the Readjustment Counseling Service, benefit from the services provided under the program. (2) Participation at election of surviving spouse The participation of a surviving spouse in the program under this section shall be at the election of the surviving spouse. (b) Covered services The services provided to a surviving spouse under the program shall include the following: (1) Information and counseling on coping with grief. (2) Information about benefits and services available to surviving spouses under laws administered by the Secretary. (3) Such other information and counseling as the Secretary considers appropriate to assist a surviving spouse under the program with adjusting to the death of a spouse. (c) Events The Secretary shall carry out the program at not fewer than six events as follows: (1) Three events at which surviving spouses with dependent children are encouraged to bring their children. (2) Three events at which surviving spouses with dependent children are not encouraged to bring their children. (d) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (e) Reports (1) In general Not later than 180 days after the completion of the first year of the program and not later than 180 days after the completion of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall contain the findings and conclusions of the Secretary as a result of the program, and shall include such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (f) Definitions In this section, the terms active duty Armed Forces surviving spouse section 101 (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 110. Program evaluation on survivors' and dependents' educational assistance authorities (a) In general The Secretary of Veterans Affairs shall enter into a contract with an appropriate private sector entity to conduct a program evaluation of the authorities for survivors' and dependents' educational assistance under chapter 35 (b) Report Not later than six months after the entry into the contract required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the results of the program evaluation conducted pursuant to the contract, together with such comments on the results of the program evaluation as the Secretary considers appropriate. (c) Effective date This section shall take effect one year after the date of the enactment of this Act. II Education Matters 201. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans (a) In general Section 3679 is amended by adding at the end the following new subsection: (c) (1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. (B) An individual who is entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue of such individual's relationship to a veteran described in subparagraph (A). (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4) It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State. (5) The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate. (6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . (b) Effective date Subsection (c) of section 3679 202. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs (a) Extension of expiring current authority Section 3485(a)(4) is amended by striking June 30, 2013 June 30, 2015 (b) Expansion to outreach services provided through congressional offices Such section is further amended by adding at the end the following new subparagraph: (K) During the period beginning on June 30, 2013, and ending on June 30, 2015, the following activities carried out at the offices of Members of Congress for such Members: (i) The distribution of information to members of the Armed Forces, veterans, and their dependents about the benefits and services under laws administered by the Secretary and other appropriate governmental and nongovernmental programs. (ii) The preparation and processing of papers and other documents, including documents to assist in the preparation and presentation of claims for benefits under laws administered by the Secretary. . (c) Annual reports (1) In general Not later than June 30 of 2014 and 2015, the Secretary of Veterans Affairs shall submit to Congress a report on the work-study allowances paid under paragraph (1) of section 3485(a) of title 38, United States Code, during the most recent one-year period for qualifying work-study activities described in paragraph (4) of such section, as amended by subsections (a) and (b) of this section. (2) Contents Each report submitted under paragraph (1) shall include, for the year covered by such report, the following: (A) A description of the recipients of such work-study allowances. (B) A list of the locations where qualifying work-study activities were carried out. (C) A description of the outreach conducted by the Secretary to increase awareness of the eligibility of such work-study activities for such work-study allowances. 203. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill (a) In general Subchapter II of chapter 36 is amended by adding at the end the following new section: 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill (a) Prohibition (1) No person may, except with the written permission of the Secretary, use the words and phrases covered by this subsection in connection with any promotion, goods, services, or commercial activity in a manner that reasonably and falsely suggests that such use is approved, endorsed, or authorized by the Department or any component thereof. (2) For purposes of this subsection, the words and phrases covered by this subsection are as follows: (A) GI Bill (B) Post-9/11 GI Bill (3) A determination that a use of one or more words and phrases covered by this subsection in connection with a promotion, goods, services, or commercial activity is not a violation of this subsection may not be made solely on the ground that such promotion, goods, services, or commercial activity includes a disclaimer of affiliation with the Department or any component thereof. (b) Enforcement by Attorney General (1) When any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. (2) Such court may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. . (b) Clerical amendment The table of sections at the beginning of chapter 36 is amended by inserting after the item relating to section 3697A the following new item: 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill. . 204. Review of utilization of educational assistance to pursue programs of training on the job and participating employers (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a review of— (1) the utilization of educational assistance under laws administered by the Secretary of Veterans Affairs to pursue programs of training on the job (other than programs of apprenticeship); and (2) the availability of such programs to individuals seeking to pursue such programs with such educational assistance. (b) Report (1) In general Not later than two years after the date on which the Secretary commences the review required by subsection (a), the Secretary shall submit to Congress a report on such review. (2) Contents The report required by paragraph (1) shall include the following: (A) The extent of utilization as described in paragraph (1) of subsection (a). (B) An assessment of the availability of programs as described in paragraph (2) of such subsection. (C) A description of any barriers the Secretary has identified to greater utilization of educational assistance for pursuit of a program of training on the job or availability of such programs. (D) Such recommendations for legislative or administrative action as the Secretary may have to increase or decrease such utilization or availability. (E) Such other matters as the Secretary considers appropriate. 205. Report on debt management and collection (a) Report Not later than one year after the effective date specified in subsection (c), the Comptroller General of the United States 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 processes used by the Department of Veterans Affairs to identify and resolve cases of incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (b) Issues addressed The report required by subsection (a) shall, to the extent possible, address the following: (1) The effectiveness of the processes referred to in subsection (a) in identifying and resolving incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (2) The accuracy of overpayment information provided to veterans by the Education Service and Debt Management Center of the Department. (3) How well the Debt Management Center of the Department communicates and works with veterans to resolve disputed debt amounts. (4) How the payment and debt collection processes of the Department compare to comparable programs in other Federal agencies. (5) Any recommendations to improve the payment and debt collection processes of the Department that the Comptroller General considers appropriate. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 206. Restoration of prior reporting fee multipliers Section 3684(c) is amended— (1) by striking $12 $7 (2) by striking $15 $11 III Health Care Matters A Expansion and Improvements of Benefits Generally 301. Requirement for enrollment in patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll (a) Requirement for enrollment Section 1705 is amended by adding at the end the following new subsection: (d) (1) The Secretary shall provide for the enrollment in the patient enrollment system of veterans specified in paragraph (2) by not later than December 31, 2014. (2) Veterans specified in this paragraph are as follows: (A) Veterans with noncompensable service-connected disabilities rated as zero percent disabling who— (i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 (B) Veterans without service-connected disability who— (i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act. (3) A veteran who, after enrolling in the patient enrollment system pursuant to this subsection, obtains access to health insurance other than through a health exchange shall remain enrolled in the patient enrollment system notwithstanding obtaining access to such health insurance. (4) A veteran enrolled in the patient enrollment system pursuant to this subsection shall maintain the priority for care of the veteran at the time of enrollment unless and until a change in circumstances of the veteran results in a higher priority for care of the veteran under subsection (a). . (b) Verification of eligibility for enrollment (1) Use of information on health insurance coverage (A) In general Chapter 53 is amended by inserting after section 5318 the following new section: 5319. Review of reporting of health insurance coverage The Secretary shall notify each veteran who enrolls under subsection (d) of section 1705 of this title in the patient enrollment system of veterans under such section that information on the veteran's access to health insurance that is furnished to the Secretary for purposes of such enrollment may be compared with information obtained by the Secretary of the Treasury under section 6103( l . (B) Clerical amendment The table of sections at the beginning of chapter 53 is amended by adding at the end the following new item: 5319. Review of reporting of health insurance coverage. . (2) Disclosure of return information by Internal Revenue Service Section 6103( l (23) Disclosure of certain return information for verification of eligibility of veterans for enrollment in Department of Veterans Affairs patient enrollment system (A) Return information from Internal Revenue Service The Secretary shall, upon written request, disclose current return information from returns under section 6055 with respect to minimum essential coverage of individuals to the Secretary of Veterans Affairs for the purposes of verifying the eligibility of veterans for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(d) (B) Restriction on disclosure The Secretary shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph. (C) Restriction on use of disclosed information Return information disclosed under subparagraph (A) may be used by the Secretary of Veterans Affairs only for the purposes of, and to the extent necessary in, verifying the eligibility of veterans to enroll in the patient enrollment system described in that subparagraph. . (c) Public notice of commencement of enrollment The Secretary of Veterans Affairs shall publish in the Federal Register, and shall make available to the public on an Internet website of the Department of Veterans Affairs, a notice regarding the date on which veterans covered by subsection (d) of section 1705 302. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war Section 1710(e)(3) is amended— (1) in subparagraph (A), by striking the date that is five years before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, after a period of five years January 27, 2003, after a period of 10 years (2) in subparagraph (B), by striking more than five years before January 28, 2003, and who did not enroll in the patient enrollment system under section 1705 of this title before January 28, 2008, after January 27, 2018. 303. Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program (a) In general Section 1720G(a)(2)(B) is amended by striking on or after September 11, 2001 (b) Effective date The amendment made by subsection (a) shall take effect on September 30, 2014. 304. Improved access to appropriate immunizations for veterans (a) Inclusion of recommended adult immunizations as medical services (1) Covered benefit Subparagraph (F) of section 1701(9) is amended to read as follows: (F) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; . (2) Recommended adult immunization schedule defined Section 1701 is amended by adding after paragraph (9) the following new paragraph: (10) The term recommended adult immunization schedule . (b) Inclusion of recommended adult immunizations in annual report Section 1704(1)(A) is amended— (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by inserting after clause (ii) the following new clause: (iii) to provide veterans each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. . (c) Report to Congress (1) In general Not later than two years after the date of the enactment of this Act, 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 development and implementation by the Department of Veterans Affairs of quality measures and metrics, including targets for compliance, to ensure that veterans receiving medical services under chapter 17 of title 38, United States Code, receive each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. (2) Recommended adult immunization schedule defined In this subsection, the term recommended adult immunization schedule section 1701(10) (3) Effective date This subsection shall take effect on the date that is one year after the date of the enactment of this Act. 305. Expansion of provision of chiropractic care and services to veterans (a) Program for provision of chiropractic care and services to veterans Section 204(c) of the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 ( Public Law 107–135 38 U.S.C. 1710 (1) by inserting (1) The program (2) by adding at the end the following new paragraph: (2) The program shall be carried out at not fewer than two medical centers or clinics in each Veterans Integrated Service Network by not later than one year after the effective date specified in section 305(c) of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 . (b) Expanded chiropractor services available to veterans (1) Medical services Paragraph (6) of section 1701 is amended by adding at the end the following new subparagraph: (H) Chiropractic services. . (2) Rehabilitative services Paragraph (8) of such section is amended by inserting chiropractic, counseling, (3) Preventive health services Paragraph (9) of such section is amended— (A) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively; and (B) by inserting after subparagraph (E) the following new subparagraph (F): (F) periodic and preventive chiropractic examinations and services; . (c) Effective date This section and the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 306. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water (a) Modification Section 1710(e)(1)(F) is amended by striking January 1, 1957, August 1, 1953 (or such earlier date for the commencement of exposure to contaminated water at Camp Lejeune as the Secretary, in consultation with the Agency for Toxic Substances and Disease Registry, shall specify), (b) Publication The Secretary of Veterans Affairs shall publish in the Federal Register a notice of any earlier date for the commencement of exposure to contaminated water at Camp Lejeune, North Carolina, for purposes of section 1710(e)(1)(F) of title 38, United States Code, as amended by subsection (a). 307. Expansion of emergency treatment reimbursement for certain veterans (a) In general Section 1725(b)(2)(B) is amended— (1) by inserting (i) (B) (2) by striking the period at the end and inserting ; or (3) by adding at the end the following: (ii) the veteran was unable to receive care under this chapter within such 24-month period because of a waiting period imposed by the Department with respect to a new patient examination of such veteran. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 308. Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs (a) Areas of residence The Secretary of Veterans Affairs shall modify the areas in which veterans reside as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(a)(7) (1) Any area so specified shall be within only one State. (2) Any area so specified shall be co-extensive with one or more counties (or similar political subdivisions) in the State concerned. (b) Variable income thresholds The Secretary shall modify the thresholds for income as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system referred to in subsection (a) to meet the requirements as follows: (1) There shall be one income threshold for each State, equal to the highest income threshold among the counties within such State. (2) The calculation of the highest income threshold of a county shall be consistent with the calculation used for purposes of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) (3) The timing and methodology for implementing any modifications in geographic income thresholds pursuant to paragraph (1) shall be determined by the Secretary in such a manner as to permit the Department to build capacity for enrolling such additional veterans in the patient enrollment system of the Department as become eligible for enrollment as a result of such modifications, except that all required modifications shall be completed not later than five years after date of the enactment of this Act. 309. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report (a) Extension of sunset date Subsection (a)(2) of section 111A is amended by striking December 31, 2014 September 30, 2015 (b) Funding available Such section is further amended by adding at the end the following new subsection: (c) Funding There is hereby authorized to be appropriated for each of fiscal years 2014 and 2015 for the Department, $4,000,000 to carry out this section. . (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on— (1) the efforts of the Secretary to carry out the transportation services required by section 111A(a) of title 38, United States Code; (2) the utilization of those services by covered veterans; and (3) the feasibility and advisability of the continuation of the provision of such services after September 30, 2015. 310. Coverage of costs of care for veterans at medical foster homes (a) In general In conducting the medical foster home program pursuant to section 17.73 (b) Effective date Subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 311. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury (a) Extension of program Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C a five-year an eight-year (b) Modification of locations Subsection (b) of such section is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: (1) In general The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. (2) Located in same region as polytrauma centers Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs. . (c) Modification of report requirements Subsection (e) of such section is amended to read as follows: (e) Reports (1) Annual report (A) In general Not later than two years after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the pilot program during the year preceding the submission of the report. (ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report. (iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. (iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. (2) Final report (A) In general Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on the pilot program. (B) Elements The final report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. (iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program. . (d) Modification of definitions (1) Community-based brain injury residential rehabilitative care services Such section is further amended— (A) in the section heading, by striking assisted living community-based brain injury residential rehabilitative care (B) in subsection (c), in the subsection heading, by striking assisted living community-based brain injury residential rehabilitative care (C) by striking assisted living community-based brain injury rehabilitative care (D) in subsection (f)(1), by striking and personal care rehabilitation, and personal care (2) Eligible veteran Subsection (f)(3) of such section is amended— (A) in subparagraph (C), by striking ; and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (E) has a traumatic brain injury that is classified as complex-mild to severe. . (e) Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 38 U.S.C. 1710C (f) Effective date The amendments made by this section shall take effect on October 1, 2014. 312. Program on health promotion for overweight and obese veterans through support of fitness center memberships (a) Program required Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall, through the National Center for Preventive Health, carry out a program to assess the feasibility and advisability of promoting health in covered veterans, including achieving a healthy weight and reducing risks of chronic disease, through support for fitness center membership. (b) Covered veterans For purposes of this section, a covered veteran is any veteran who— (1) is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 (2) is determined by a clinician of the Department of Veterans Affairs to be overweight or obese as of the date of the commencement of the program; and (3) resides in a location that is more than 15 minutes driving distance from a fitness center at a facility of the Department that would otherwise be available to the veteran for at least eight hours per day during five or more days per week. (c) Duration of program The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (d) Locations (1) In general In carrying out the program, the Secretary shall select— (A) not less than five medical centers of the Department at which the Secretary shall cover the full reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers; and (B) not less than five medical centers of the Department at which the Secretary shall cover half the reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers. (2) Considerations In selecting locations for the program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas in different geographic locations. (e) Participation (1) Maximum number of participants The number of covered veterans who may participate in the program at each location selected under subsection (d) may not exceed 100. (2) Voluntary participation The participation of a covered veteran in the program shall be at the election of the covered veteran in consultation with a clinician of the Department. (f) Membership payment (1) In general Except as provided in paragraph (2), in carrying out the program, the Secretary shall pay the following: (A) The full reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (d)(1)(A) who are participating in the program. (B) Half the reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (d)(1)(B) who are participating in the program. (2) Limitation Payment for a fitness center membership of a covered veteran may not exceed $50 per month of membership. (g) Reports (1) Periodic reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter, the Secretary 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 activities carried out to implement the program, including outreach activities to veterans and community organizations. (2) Final report Not later than 180 days after the date of the completion of the program, the Secretary 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 program detailing— (A) the findings and conclusions of the Secretary as a result of the program; and (B) recommendations for the continuation or expansion of the program. (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 313. Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities (a) Program required Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of promoting health in covered veterans, including achieving a healthy weight, through establishment of Department of Veterans Affairs fitness facilities. (b) Covered veterans For purposes of this section, a covered veteran is any veteran who is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 (c) Duration of program The program shall be carried out during the three-year period beginning on the date of the commencement of the program. (d) Locations (1) In general The Secretary shall carry out the program by establishing fitness facilities in Department facilities as follows: (A) In not fewer than five Department of Veterans Affairs medical centers selected by the Secretary for purposes of the program. (B) In not fewer than five outpatient clinics of the Department selected by the Secretary for purposes of the program. (2) Considerations In selecting locations for the program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas in different geographic locations. (e) Limitation on expenses In establishing and supporting a fitness facility in a facility of the Department under the program, the Secretary may expend amounts as follows: (1) For establishment and support of a fitness facility in a Department of Veterans Affairs medical center, not more than $60,000. (2) For establishment and support of a fitness facility in an outpatient clinic of the Department, not more than $40,000. (f) Repurposing of physical space and purchases of equipment (1) In general Subject to subsection (e), the Secretary may, in carrying out the program, repurpose existing physical space of the Department and purchase such fitness equipment and supplies as the Secretary considers appropriate for purposes of the program. (2) Repurposing exception Existing physical space used for the direct delivery of health care to patients may not be repurposed under paragraph (1). (g) Prohibition on assessment of user fees The Secretary may not assess a fee upon a covered veteran for use of a fitness facility established under the program. (h) Voluntary participation The participation of a covered veteran in the program shall be at the election of the covered veteran. (i) Reports (1) Periodic reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter, the Secretary 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 activities carried out to implement the program, including outreach activities to veterans and community organizations. (2) Final report Not later than 180 days after the date of the completion of the program, the Secretary 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 program detailing— (A) the findings and conclusions of the Secretary as a result of the program; and (B) recommendations for the continuation or expansion of the program. (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. B Health Care Administration 321. Extension of Department of Veterans Affairs Health Professional Scholarship Program Section 7619 is amended by striking December 31, 2014 December 31, 2019 322. Expansion of availability of prosthetic and orthotic care for veterans (a) Establishment or expansion of advanced degree programs To expand availability of provision of care The Secretary of Veterans Affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan for carrying out subsection (a). The Secretary shall develop the plan in consultation with veterans service organizations, institutions of higher education with accredited degree programs in prosthetics and orthotics, and representatives of the prosthetics and orthotics field. (c) Funding (1) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $10,000,000 to carry out this section. (2) Availability The amount authorized to be appropriated by paragraph (1) shall remain available for expenditure until September 30, 2017. 323. Contracting for health care (a) Use of capitation-based resource allocation in entry into contracts In entering into contracts for the furnishing of health care services under the laws administered by the Secretary of Veterans Affairs (including under this title and the amendments made by this title), the Secretary shall use the capitation-based resource allocation model of the Department of Veterans Affairs. (b) Priority for contracts with certain entities In entering into contracts for the furnishing of health care services under the laws administered by the Secretary, the Secretary shall afford a priority for entry into contracts for Federally Qualified Health Centers (FQHCs) and Community Health Centers (CHCs), whenever appropriate. (c) Best practices The Secretary shall modify the guidance of the Department of Veterans Affairs on contracts for health care services in order to provide for the incorporation into such contracts of standardized requirements for such best practices under such contracts, including the following: (1) Requirements that contracts provide the Department on a regular basis information on scheduling and appearance for appointments for health care on per-patient basis. (2) Such other best practices requirements as the Secretary considers appropriate. (d) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) 324. Limitation on expansion of dialysis pilot program (a) Limitation The Secretary of Veterans Affairs shall not expand the dialysis pilot program to, or expand the capacity to provide additional dialysis care at, any facility owned or leased by the Department that is not an initial facility until after the date that— (1) the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years; (2) an independent analysis of the dialysis pilot program has been conducted at each initial facility, including a consideration and comparison of factors including— (A) the ability of veterans to access care under the dialysis pilot program; (B) the quality of care provided under the dialysis pilot program; and (C) the satisfaction of veterans who have received treatment under the dialysis pilot program; and (3) the report required by subsection (b) has been submitted. (b) Report Not later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that— (1) includes the results of that independent analysis; and (2) addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office. (c) Utilization of existing dialysis resources In order to increase the access of veterans to dialysis care and decrease the travel time of such veterans to receive such care, the Secretary shall fully utilize existing dialysis resources of the Department, including any community dialysis provider with which the Department has entered into a contract or agreement for the provision of such care. (d) Definitions In this section: (1) Dialysis pilot program The term dialysis pilot program (2) Initial facility The term initial facility (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 325. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department (a) In general Subchapter II of chapter 73 is amended by adding at the end the following new section: 7330B. Reporting of infectious diseases (a) Reporting The Secretary shall ensure that the Department has in effect an up-to-date policy on reporting a notifiable infectious disease diagnosed at a facility under the jurisdiction of the Secretary in accordance with the provisions of State and local law in effect where such facility is located. (b) Notifiable infectious disease For purposes of this section, a notifiable infectious disease is any infectious disease that is— (1) on the list of nationally notifiable diseases published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or (2) covered by a provision of law of a State that requires the reporting of infectious diseases. (c) Performance measures The Secretary shall develop performance measures to assess whether and to what degree the directors of Veterans Integrated Service Networks and Department medical centers are complying with the policy required by subsection (a). . (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. Reporting of infectious diseases. . (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 326. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs (a) Contract (1) In general The Secretary of Veterans Affairs shall seek to enter into a contract with an independent third-party to perform the services covered by this section. (2) Timing The Secretary shall seek to enter into the contract described in paragraph (1) not later than 540 days after the date of the enactment of this Act. (b) Independent study (1) In general Under a contract between the Secretary and an independent third-party under this section, the third party shall carry out a study— (A) to assess the organizational structures of medical centers of the Department of Veterans Affairs; and (B) to improve succession planning among key leadership roles at Veterans Integrated Service Networks and medical centers of the Department. (2) Matters studied and proposed In carrying out the study, the third party shall— (A) assess whether the organizational structure of the medical centers of the Department is effective for the furnishing of medical services, addressing issues that arise regarding the furnishing of medical services, and addressing standard business operations; (B) propose one organizational chart for Department medical centers with a common set of base position descriptions; (C) propose a base set of medical positions that should be filled to ensure that the health care provided to veterans by the Department is of good quality; and (D) identify which key leadership positions at Veterans Integrated Service Networks and Department medical centers should have succession plans and propose how to implement such plans. (3) Timing The third party shall complete the study under this section not later than 270 days after entering into the contract described in subsection (a). (c) Report Not later than 90 days after the date on which the third party completes the study under this section, the Secretary 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 results of such study. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 327. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs (a) Requirements (1) In general The first update of the Strategic Plan Refresh for Fiscal Years 2012 through 2014 of the Office of Rural Health of the Department of Veterans Affairs after the date of the enactment of this Act, whether an update or refresh of such Strategic Plan Refresh or a strategic plan to supersede such Strategic Plan Refresh, shall be prepared in accordance with this section. (2) Consultation The Director of the Office of Rural Health shall prepare the update in consultation with the following: (A) The Director of the Health Care Retention and Recruitment Office of the Department. (B) The Director of the Office of Quality and Performance of the Department. (C) The Director of the Office of Care Coordination Services of the Department. (b) Elements The update described in subsection (a) shall include, for the period covered by the update, the following: (1) Goals and objectives for the recruitment and retention by the Veterans Health Administration of health care personnel in rural areas. (2) Goals and objectives for ensuring timeliness and improving quality in the delivery of health care services by the Veterans Health Administration in rural areas through contract and fee-basis providers. (3) Goals and objectives for the implementation, expansion, and enhanced use of telemedicine services by the Veterans Health Administration in rural areas, including through coordination with other appropriate offices of the Department. (4) Goals and objectives for ensuring the full and effective use of mobile outpatient clinics by the Veterans Health Administration for the provision of health care services in rural areas, including goals and objectives for the use of such clinics on a fully mobile basis and for encouraging health care providers who provide services through such clinics to do so in rural areas. (5) Procedures for soliciting from each Veterans Health Administration facility that serves a rural area the following: (A) A statement of the clinical capacity of such facility. (B) The procedures of such facility in the event of a medical, surgical, or mental health emergency outside the scope of the clinical capacity of such facility. (C) The procedures and mechanisms of such facility for the provision and coordination of health care for women veterans, including procedures and mechanisms for coordination with local hospitals and health care facilities, oversight of primary care and fee-basis care, and management of specialty care. (6) Goals and objectives for the modification of the funding allocation mechanisms of the Office of Rural Health in order to ensure that the Office distributes funds to components of the Department to best achieve the goals and objectives of the Office and in a timely manner. (7) Goals and objectives for the coordination of, and sharing of resources with respect to, the provision of health care services to veterans in rural areas between the Department of Veterans Affairs, the Department of Defense, the Indian Health Service of the Department of Health and Human Services, and other Federal agencies, as appropriate and prudent. (8) Specific milestones for the achievement of the goals and objectives developed for the update. (9) Procedures for ensuring the effective implementation of the update. (c) Transmittal to Congress Not later than 90 days after the date of the issuance of the update described in subsection (a), the Secretary of Veterans Affairs shall transmit the update to Congress, together with such comments and recommendations in connection with the update as the Secretary considers appropriate. 328. Report on provision of telemedicine services (a) In general Not later than two years after the date of the enactment of this Act, 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 following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act ( Public Law 112–154 38 U.S.C. 7406 (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine defined In this section, the term telemedicine (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 329. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (a) Designation The medical center of the Department of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (b) References Any reference in any law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be considered to be a reference to the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. C Complementary and Alternative Medicine 331. Expansion of research and education on and delivery of complementary and alternative medicine to veterans (a) Development of plan To expand research, education, and delivery Not later than six months after the effective date specified in subsection (f), the Secretary of Veterans Affairs shall develop a plan to expand materially and substantially the scope of research and education on, and delivery and integration of, complementary and alternative medicine services into the health care services provided to veterans. (b) Elements The plan required by subsection (a) shall provide for the following: (1) Research on the following: (A) The comparative effectiveness of various complementary and alternative medicine therapies. (B) Approaches to integrating complementary and alternative medicine services into other health care services provided by the Department. (2) Education and training for health care professionals of the Department on the following: (A) Complementary and alternative medicine services selected by the Secretary for purposes of the plan. (B) Appropriate uses of such services. (C) Integration of such services into the delivery of health care to veterans. (3) Research, education, and clinical activities on complementary and alternative medicine at centers of innovation at Department medical centers. (4) Identification or development of metrics and outcome measures to evaluate the provision and integration of complementary and alternative medicine services into the delivery of health care to veterans. (5) Integration and delivery of complementary and alternative medicine services with other health care services provided by the Department. (c) Consultation (1) In general In carrying out subsection (a), the Secretary shall consult with the following: (A) The Director of the National Center on Complementary and Alternative Medicine of the National Institutes of Health. (B) The Commissioner of Food and Drugs. (C) Institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and alternative medicine and the integration of complementary and alternative medicine practices into the delivery of health care. (D) Nationally recognized providers of complementary and alternative medicine. (E) Such other officials, entities, and individuals with expertise on complementary and alternative medicine as the Secretary considers appropriate. (2) Scope of consultation The Secretary shall undertake consultation under paragraph (1) in carrying out subsection (a) with respect to the following: (A) To develop the plan. (B) To identify specific complementary and alternative medicine practices that, on the basis of research findings or promising clinical interventions, are appropriate to include as services to veterans. (C) To identify barriers to the effective provision and integration of complementary and alternative medicine services into the delivery of health care to veterans, and to identify mechanisms for overcoming such barriers. (d) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. (e) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (f) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 332. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers (a) Program required The Secretary of Veterans Affairs shall— (1) carry out, through the Office of Patient Centered Care and Cultural Transformation of the Department of Veterans Affairs, a program to assess the feasibility and advisability of integrating the delivery of complementary and alternative medicine services selected by the Secretary with other health care services provided by the Department for veterans with mental health conditions, chronic pain conditions, other chronic conditions, and such other conditions as the Secretary determines appropriate; and (2) in developing the program, identify and resolve barriers to the provision of complementary and alternative medicine services selected by the Secretary and the integration of those services with other health care services provided by the Department. (b) Duration of program The program shall be carried out during the three-year period beginning on the effective date specified in subsection (j). (c) Locations (1) In general The Secretary shall carry out the program at not fewer than 15 separate Department medical centers. (2) Polytrauma centers Not less than two of the medical centers designated under paragraph (1) shall be located at polytrauma rehabilitation centers of the Department. (3) Selection of locations In carrying out the program, the Secretary shall select locations that include the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. (d) Provision of services Under the program, the Secretary shall provide covered services to covered veterans by integrating complementary and alternative medicine services with other services provided by the Department at the medical centers designated under subsection (c)(1). (e) Covered veterans For purposes of the program, a covered veteran is any veteran who— (1) has a mental health condition diagnosed by a clinician of the Department; (2) experiences chronic pain; or (3) has a chronic condition being treated by a clinician of the Department. (f) Covered services (1) In general For purposes of the program, covered services are services consisting of complementary and alternative medicine as selected by the Secretary. (2) Administration of services Covered services shall be administered under the program as follows: (A) Covered services shall be administered by clinicians employed by the Secretary for purposes of this section who, to the extent practicable, shall provide services consisting of complementary and alternative medicine, including those clinicians who solely provide such services. (B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Program Office, in coordination with the Office of Patient Centered Care and Cultural Transformation. (C) Covered services shall be made available to both— (i) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have received conventional treatments from the Department for such conditions; and (ii) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have not received conventional treatments from the Department for such conditions. (g) Voluntary participation The participation of a veteran in the program shall be at the election of the veteran and in consultation with a clinician of the Department. (h) Reports to Congress (1) Quarterly reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter for the duration of the program, the Secretary 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 efforts of the Secretary to carry out the program, including a description of the outreach conducted by the Secretary to veterans and community organizations to inform such organizations about the program. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary 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 program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program, including with respect to— (I) the utilization and efficacy of the complementary and alternative medicine services established under the program; (II) an assessment of the benefit of the program to covered veterans in mental health diagnoses, pain management, and treatment of chronic illness; and (III) the comparative effectiveness of various complementary and alternative medicine therapies. (ii) Barriers identified under subsection (a)(2) that were not resolved. (iii) Such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (i) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 333. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs (a) Studies required (1) In general The Secretary of Veterans Affairs shall conduct comprehensive studies of the barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. (2) Studies conducted (A) Veterans In conducting the study of veterans, the Secretary shall— (i) survey veterans who seek or receive hospital care or medical services furnished by the Department, as well as veterans who do not seek or receive such care or services; (ii) administer the survey to a representative sample of veterans from each Veterans Integrated Service Network; and (iii) ensure that the sample of veterans surveyed is of sufficient size for the study results to be statistically significant. (B) Administrators and clinicians In conducting the study of clinicians and administrators, the Secretary shall— (i) survey administrators of the Department who are involved in the provision of health care services; (ii) survey clinicians that have provided complementary and alternative medicine services through the program established under section 332 of this Act, after those clinicians have provided those services through such program for at least 90 days; and (iii) administer the survey to administrators under clause (i)— (I) before the introduction of complementary and alternative medicine services through such program; and (II) not earlier than 90 days after the introduction of complementary and alternative medicine services through such program. (b) Elements of studies (1) Veterans In conducting the study of veterans required by subsection (a), the Secretary shall study the following: (A) The perceived barriers associated with obtaining complementary and alternative medicine services from the Department. (B) The satisfaction of veterans with complementary and alternative medicine services in primary care. (C) The degree to which veterans are aware of eligibility requirements for, and the scope of services available under, complementary and alternative medicine services furnished by the Department. (D) The effectiveness of outreach to veterans on the availability of complementary and alternative medicine for veterans. (E) Such other barriers as the Secretary considers appropriate. (2) Administrators and clinicians In conducting the study of administrators and clinicians required by subsection (a), the Secretary shall study the following: (A) The extent of the integration of complementary and alternative medicine services within the services provided by the Department. (B) The perception by administrators and clinicians of the structural and attitudinal barriers to the delivery of high quality complementary and alternative medicine services by the Department. (C) Strategies that have been used to reduce or eliminate such barriers and the results of such strategies. (D) The satisfaction of administrators and clinicians regarding the integration of complementary and alternative medicine services within the services provided by the Department. (E) The perception by administrators and clinicians of the value of specific complementary and alternative medicine services for inpatient and outpatient veteran populations. (c) Discharge by contract The Secretary shall enter into a contract with a qualified independent entity or organization to carry out the studies required by this section. (d) Mandatory review of data by the National Research Advisory Council (1) In general The Secretary shall ensure that the head of the National Research Advisory Council reviews the results of the studies conducted under this section. (2) Submittal of findings The head of the National Research Advisory Council shall submit findings with respect to the studies to the Under Secretary for Health and to other pertinent program offices within the Department with responsibilities relating to health care services for veterans. (e) Reports (1) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the implementation of this section. (2) Report on study (A) In general Not later than 45 days after the date of the completion of the study, the Secretary shall submit to Congress a report on the study required by subsection (a). (B) Contents The report required by subparagraph (A) shall include the following: (i) Recommendations for such administrative and legislative proposals and actions as the Secretary considers appropriate. (ii) The findings of the head of the National Research Advisory Council and of the Under Secretary for Health. (f) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $2,000,000 to carry out this section. (g) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine 334. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program through the award of grants to public or private nonprofit entities to assess the feasibility and advisability of using wellness programs to complement the provision of mental health care to veterans and family members eligible for counseling under section 1712A(a)(1)(C) of title 38, United States Code. (2) Matters to be addressed The program shall be carried out so as to assess the following: (A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of mental health care to veterans and family members described in paragraph (1). (B) Means of enhancing outreach, and coordination of outreach, by and among providers of health care referred to in subparagraph (A) on the mental health care services available to veterans and family members described in paragraph (1). (C) Means of using wellness programs of providers of health care referred to in subparagraph (A) as complements to the provision by the Department of Veterans Affairs of mental health care to veterans and family members described in paragraph (1). (D) Whether wellness programs described in subparagraph (C) are effective in enhancing the quality of life and well-being of veterans and family members described in paragraph (1). (E) Whether wellness programs described in subparagraph (C) are effective in increasing the adherence of veterans described in paragraph (1) to the primary mental health services provided such veterans by the Department. (F) Whether wellness programs described in subparagraph (C) have an impact on the sense of wellbeing of veterans described in paragraph (1) who receive primary mental health services from the Department. (G) Whether wellness programs described in subparagraph (C) are effective in encouraging veterans receiving health care from the Department to adopt a more healthy lifestyle. (b) Duration The Secretary shall carry out the program for a period of three years beginning on the date that is one year after the date of the enactment of this Act. (c) Locations The Secretary shall carry out the program at facilities of the Department providing mental health care services to veterans and family members described in subsection (a)(1). (d) Grant proposals (1) In general A public or private nonprofit entity seeking the award of a grant under this section shall submit an application therefor to the Secretary in such form and in such manner as the Secretary may require. (2) Application contents Each application submitted under paragraph (1) shall include the following: (A) A plan to coordinate activities under the program, to the extent possible, with the Federal, State, and local providers of services for veterans to enhance the following: (i) Awareness by veterans of benefits and health care services provided by the Department. (ii) Outreach efforts to increase the use by veterans of services provided by the Department. (iii) Educational efforts to inform veterans of the benefits of a healthy and active lifestyle. (B) A statement of understanding from the entity submitting the application that, if selected, such entity will be required to report to the Secretary periodically on standardized data and other performance data necessary to evaluate individual outcomes and to facilitate evaluations among entities participating in the program. (C) Other requirements that the Secretary may prescribe. (e) Grant uses (1) In general A public or private nonprofit entity awarded a grant under this section shall use the award for purposes prescribed by the Secretary. (2) Eligible veterans and family In carrying out the purposes prescribed by the Secretary in paragraph (1), a public or private nonprofit entity awarded a grant under this section shall use the award to furnish services only to individuals specified in section 1712A(a)(1)(C) of title 38, United States Code. (f) Reports (1) Periodic reports (A) In general Not later than 180 days after the date of the commencement of the program, and every 180 days thereafter, the Secretary shall submit to Congress a report on the program. (B) Report elements Each report required by subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program during the 180-day period preceding the report. (ii) An assessment of the benefits of the program to veterans and their family members during the 180-day period preceding the report. (2) Final report Not later than 180 days after the end of the program, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to the advisability of continuing or expanding the program. (g) Wellness defined In this section, the term wellness D Mental Health Care 341. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs (a) In general In carrying out the education and training program required under section 7302(a)(1) (b) Funding The Secretary shall apportion funding for the education and training program equally among the professions included in the program. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 342. Education program and peer support program for family members and caregivers of veterans with mental health disorders (a) Programs (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an education program (in this section referred to as the education program peer support program (2) Definitions In this section: (A) Family member; caregiver The terms family member caregiver section 1720G(d) (B) Eligible veteran The term eligible veteran (b) Education program (1) In general Under the education program, the Secretary shall provide a course of education to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Duration (A) In general The education program shall be carried out during the four-year period beginning on the date of the commencement of the education program. (B) Authority for extension The Secretary may extend the duration of the education program for an additional four years. (3) Locations (A) In general Except as required by subparagraph (D), the Secretary shall carry out the education program at the following facilities of the Department of Veterans Affairs: (i) Not less than 10 medical centers of the Department. (ii) Not less than 10 clinics of the Department. (iii) Not less than 10 Vet Centers (as defined in section 1712A(h) (B) Solicitation of applications In selecting locations for the education program, the Secretary shall solicit applications from eligible facilities of the Department that are interested in carrying out the education program. (C) Considerations In selecting locations for the education program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (i) Rural areas. (ii) Areas that are not in close proximity to an active duty installation. (iii) Areas in different geographic locations. (D) Expansion of locations Not later than two years after the date of the commencement of the education program, the Secretary shall expand the number of facilities at which the Secretary is carrying out the education program to include the following: (i) Not less than 10 additional medical centers of the Department. (ii) Not less than 10 additional clinics of the Department. (iii) Not less than 10 additional Vet Centers. (4) Contracts (A) In general In carrying out the education program, the Secretary shall enter into contracts with qualified entities described in subparagraph (B) to offer the course of education described in paragraph (5) to family members and caregivers of eligible veterans and covered veterans. (B) Qualified entity described A qualified entity described in this subparagraph is a non-profit entity with experience in mental health education and outreach, including work with children, teens, and young adults, that— (i) uses high quality, relevant, and age-appropriate information in educational programming, materials, and coursework, including such programming, materials, and coursework for children, teens, and young adults; and (ii) works with agencies, departments, nonprofit mental health organizations, early childhood educators, and mental health providers to develop educational programming, materials, and coursework. (C) Priority In entering into contracts under this paragraph, the Secretary shall give priority to qualified entities that, to the maximum extent practicable, use Internet technology for the delivery of course content in an effort to expand the availability of support services, especially in rural areas. (5) Elements The course of education described in this paragraph shall consist of not less than 10 weeks of education and shall include the following: (A) General education on different mental health disorders, including information to improve understanding of the experiences of individuals suffering from those disorders. (B) Techniques for handling crisis situations and administering mental health first aid to individuals suffering from mental health disorders. (C) Techniques for coping with the stress of living with someone with a mental health disorder. (D) Information on additional services available for family members and caregivers through the Department or community organizations and providers related to mental health disorders. (E) Such other matters as the Secretary considers appropriate. (6) Instructors (A) Training Each instructor of the course of education described in paragraph (5) shall maintain a level of proficiency in the course of education as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (B) Individuals who have completed the course as instructors Commencing as of the date that is two years after the date of the commencement of the education program, any individual who has successfully completed the course of education described in paragraph (5) and has successfully completed such additional training as is required for instructors pursuant to subparagraph (A) may act as an instructor in the course of education. (c) Peer support program (1) In general Under the peer support program, the Secretary shall provide peer support to family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. (2) Locations The Secretary shall provide peer support under the peer support program at each location at which the Secretary provides education under the education program. (3) Elements Peer support under the peer support program shall consist of meetings in group settings between a peer support coordinator under paragraph (4) and family members and caregivers of eligible veterans on matters relating to coping with mental health disorders in veterans. At each location, those meetings shall be conducted not less often than twice each calendar quarter. (4) Peer support coordinator (A) In general The Secretary, acting through the director of each participating facility, may select an individual who has successfully completed the course of education described in subsection (b)(5) to serve as a peer support coordinator for each such facility to carry out the peer support program. (B) Proficiency of instructors Each peer support coordinator shall maintain a level of proficiency in peer support as determined by the Secretary, and shall submit proof of that level of proficiency to the Secretary at such time and in such manner as the Secretary determines appropriate. (d) Surveys (1) In general The Secretary shall conduct a comprehensive and statistically significant survey of the satisfaction of individuals that have participated in the course of education described in subsection (b)(5) and individuals that have participated in the peer support program that includes the following: (A) The general satisfaction of those individuals with the education and assistance provided in the education program and the peer support program. (B) The perceived effectiveness of the education program and the peer support program in providing education and assistance that is useful for those individuals. (C) The applicability of the education program and the peer support program to the issues faced by those individuals. (D) Such other matters as the Secretary considers appropriate. (E) A representative sample of the information required by subparagraphs (A) through (D) from each Veterans Integrated Service Network that is participating in the education program and the peer support program. (2) Compilation of information The information compiled as a result of the surveys required by paragraph (1) shall be included in the annual report required by subsection (e)(1). (e) Reports (1) Annual report (A) In general Not later than one year after the date of the commencement of the education program and not later than September 30 each year thereafter until 2017, the Secretary 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 education program and the peer support program. (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the course of education described in subsection (b)(5) during the year preceding the submission of the report. (ii) The number of individuals that participated in the peer support program during the year preceding the submission of the report. (iii) A detailed analysis of the surveys conducted under subsection (d) with respect to the individuals described in clause (i) and (ii). (iv) The degree to which veterans and family members and caregivers of veterans are aware of the eligibility requirements for enrollment in the education program and the peer support program. (v) Any plans for expansion of the education program and the peer support program. (vi) The interim findings and conclusions of the Secretary with respect to the success of the education program and the peer support program. (2) Final report (A) In general Not later than one year after the completion of the education program, the Secretary 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 feasibility and advisability of continuing the education program and the peer support program. (B) Elements The report submitted under subparagraph (A) shall include the following: (i) A detailed analysis of the surveys conducted under subsection (d). (ii) The feasibility and advisability of continuing the education program without entering into contracts for the course of education described in subsection (b)(5) and instead using peer support coordinators selected under subsection (c)(4) as instructors of the course of education. (iii) The feasibility and advisability of expanding the education program and the peer support program. 343. Report on provision of mental health services for families of certain veterans at facilities of the Department Not later than one year after the date of the enactment of this Act, 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 feasibility and advisability of providing services under the program established by section 304(a) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 344. Annual report on community mental health partnership pilot program (a) In general Not later than one year after the date of the enactment of this Act and not later than September 30 each year thereafter until the completion of the pilot program described in subsection (b), 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 that pilot program. (b) Pilot program described The pilot program described in this subsection is the pilot program conducted by the Veterans Health Administration to connect medical centers of the Department of Veterans Affairs with community-based mental health care providers and substance abuse treatment providers for the purpose of assisting in the treatment of veterans with mental health disorders, commonly known as the Community Mental Health Partnership Pilot (c) Elements Each report submitted under subsection (a) shall include the following: (1) The number of sites participating in the pilot program. (2) The number of individuals participating in the pilot program at each site. (3) A detailed assessment of the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (4) An analysis of barriers to the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (5) A description of the plans of the Secretary to conduct outreach and provide information to veterans and community mental health providers with respect to the pilot program. (6) A description of any plans to expand the pilot program, including plans that focus on the unique needs of veterans located in rural areas. (7) An explanation of how the care provided under the pilot program is consistent with the minimum clinical mental health guidelines promulgated by the Veterans Health Administration, including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. E Dental care eligibility expansion and enhancement 351. Restorative dental services for veterans (a) In general Section 1710(c) is amended— (1) in the second sentence— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) (c) (3) by striking The Secretary (2) The Secretary ; and (4) by adding at the end the following new paragraph: (3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as a result of any services or treatment furnished under this subsection. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 352. Pilot program on expansion of furnishing of dental care to all enrolled veterans (a) Pilot program required Commencing not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing dental care to veterans enrolled in the system of patient enrollment under section 1705 (b) Duration of pilot program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program at not fewer than 16 locations as follows: (A) Four Department of Veterans Affairs medical centers with an established dental clinic. (B) Four Department medical centers with a current contract for the furnishing of dental care. (C) Four Community-Based Outpatient Clinics (CBOCs) with space available for the furnishing of services and treatment under the pilot program. (D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health Service facilities with established dental clinics, of which— (i) at least one facility shall be such an Indian Health Service facility; and (ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary of Health and Human Services. (2) Considerations In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of Census. (d) Limitation on number of participating veterans (1) In general The total number of eligible veterans who may participate in the pilot program may not exceed 30,000. (2) Distribution of limitation In applying the limitation in paragraph (1) to the pilot program, the Secretary shall distribute the limitation across and among locations selected for the pilot program in a manner that takes appropriate account of the size and need of veterans for dental services at each such location. (e) Scope of services The dental services and treatment furnished to veterans under the pilot program shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100 percent disabling under the laws administered by the Secretary. (f) Voluntary participation The participation of a veteran in the pilot program shall be at the election of the veteran. (g) Limitation on amount of services (1) In general The total amount the Secretary may expend furnishing dental services and treatment to a veteran participating in the pilot program during any one-year period may not exceed such amount as the Secretary determines appropriate. The amount so determined may not be less than $1,000. (2) Consultation The Secretary shall make the determination under paragraph (1)— (A) in consultation with the Director of the Indian Health Service; and (B) in consultation with the Director of the Health Resources and Services Administration of the Department of Health and Human Services if one or more Federally Qualified Health Center is selected as a location for the pilot program under subsection (c)(1)(D). (h) Copayments The Secretary may collect copayments for dental services and treatment furnished under the pilot program in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 (i) Program administration (1) Notice to eligible veterans on pilot program In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate in the pilot program of the services and treatment available under the pilot program. (2) Contracts In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities for the provision of dental services and treatment under the pilot program. Each such contract shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (j) Reports (1) Preliminary reports (A) In general Not later than each of 540 days and three years after the date of the commencement of the pilot program, the Secretary 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 pilot program. (B) Contents Each report under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of veterans receiving services and treatment under the pilot program, and a description of the dental services and treatment furnished to such veterans. (iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and benefits by location type. (iv) An assessment of the impact of the pilot program on medical care, wellness, employability, and perceived quality of life of veterans. (v) The current findings and conclusions of the Secretary with respect to the pilot program. (vi) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (2) Final report (A) In general Not later than 180 days after the completion of the pilot program, the Secretary 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 pilot program. (B) Contents The report under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (k) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (l) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 353. Program on education to promote dental health in veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of patient enrollment of the Department of Veterans Affairs under section 1705 (2) Construction Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (b) Elements The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental conditions. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department and on purchasing private dental insurance. (6) Available and accessible options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers (FQHCs). (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of educational materials (1) In general The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at Department facilities (including at medical centers, clinics, Vet Centers, and readjustment counseling centers) and to providers (including members of Patient Aligned Care Teams). (B) The availability and distribution of materials over the Internet, including through webinars and My Health e (C) Presentations of information, including both small group and large group presentations. (2) Selection of mechanisms In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. (d) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 354. Information on dental services for inclusion in electronic medical records under dental insurance pilot program (a) In general Commencing not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the dental insurance pilot program established by section 17.169 (b) Construction with current pilot program requirements (1) In general Nothing in this section shall be construed to revise eligibility for participation in, or the locations of, the pilot program referred to in subsection (a). (2) Duration The Secretary may continue the pilot program for two years in addition to the duration otherwise provided for the pilot program in section 17.169 (3) Voluntary participation in mechanism The participation in the mechanism required by subsection (a) of an individual otherwise participating in the pilot program shall be at the election of the individual. (c) Inclusion of information on mechanism in reports Each report to Congress on the pilot program after the date of the commencement of the mechanism required by subsection (a) shall include information on the mechanism, including a current assessment of the feasability and advisability of using the mechanism to include information on dental care furnished individuals in the electronic medical records of the Department with respect to such individuals. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 355. Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $305,000,000 to carry out this subtitle and the amendments made by this subtitle. The amount so authorized to be appropriated shall be available for obligation for the five-year period beginning on the date that is one year after the date of the enactment of this Act. F Health care related to sexual trauma 361. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training Section 1720D(a)(1) is amended by striking or active duty for training , active duty for training, or inactive duty training 362. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces (a) Expansion of coverage to members of the Armed Forces Subsection (a) of section 1720D is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. ; and (3) in paragraph (3), as redesignated by paragraph (1)— (A) by striking a veteran an individual (B) by striking that veteran that individual (b) Information to members on availability of counseling and services Subsection (c) of such section is amended— (1) by striking to veterans (2) in paragraph (3), by inserting members of the Armed Forces and individuals (c) Inclusion of members in reports on counseling and services Subsection (e) of such section is amended— (1) in the matter preceding paragraph (1), by striking to veterans (2) in paragraph (2)— (A) by striking women veterans individuals (B) by striking training under subsection (d). (A) veterans; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. ; (3) in paragraph (4), by striking veterans individuals (4) in paragraph (5)— (A) by striking women veterans individuals (B) by inserting , including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2) (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 363. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a screening mechanism to be used when a veteran seeks healthcare services from the Department of Veterans Affairs to detect if the veteran has been a victim of domestic abuse for purposes of improving the treatment of the veteran and assessing the prevalence of domestic abuse in the veteran population. (b) Readily available screening tools In developing and implementing a screening mechanism under subsection (a), the Secretary may incorporate into the screening mechanism such readily available screening tools as the Secretary considers appropriate for the screening mechanism. (c) Domestic abuse defined In this section, the term domestic abuse (1) constitutes— (A) a pattern of behavior resulting in physical or emotional abuse, economic control, or interference with the personal liberty of that individual; (B) a violation of Federal or State law involving the use, attempted use, or threatened use of force or violence against that individual; or (C) a violation of a lawful order issued for the protection of that individual; and (2) is committed by a person who— (A) is a current or former spouse or domestic partner of that individual; (B) shares a child in common with that individual; (C) is a current or former intimate partner of that individual that shares or has shared a common domicile with that individual; (D) is a caregiver or family caregiver of that individual (as such terms are defined in section 1720G(d) of title 38, United States Code); or (E) is in any other type of relationship with that individual that the Secretary may specify for purposes of this section. 364. Reports on military sexual trauma and domestic abuse (a) Report on services available for military sexual trauma in the Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, 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 treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Report on domestic abuse among veterans Not later than two years after the implementation of the screening mechanism required by section 363(a) of this Act, the Secretary of Veterans Affairs and the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall jointly submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on domestic abuse among veterans that includes the following: (1) A summary of the types, outcomes, and circumstances of incidents of domestic abuse that have been reported by veterans during the two-year period preceding the submission of the report. (2) A summary of the treatments available from the Department of Veterans Affairs for veterans who experience domestic abuse and an assessment of the effectiveness of those treatments. (3) Data and analysis on any correlation between an incident of military sexual trauma or sexual trauma experienced after the age of 18 and domestic abuse. (4) Any other issues that the Secretary of Veterans Affairs or the Director of the Centers for Disease Control and Prevention determines appropriate. (c) Reports on transition of military sexual trauma and domestic abuse treatment from Department of Defense to Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma or domestic abuse from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma or domestic abuse, including permitting veterans access to information and evidence necessary to develop or support such claims. (d) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Domestic abuse The term domestic abuse (3) Military sexual trauma The term military sexual trauma (4) Sexual harassment The term sexual harassment (5) Sexual trauma The term sexual trauma (e) Effective date This section shall take effect on the date that is 270 days after the date of the enactment of this Act. G Reproductive treatment and services 371. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6), as amended by section 305(b)(1) of this Act, is further amended by adding at the end the following new subparagraph: (I) Fertility counseling and treatment, including treatment using assisted reproductive technology. . 372. 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. . 373. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17, as amended by section 372(a) 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 372(b) of this Act, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 374. 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 373 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 372 of this Act; or (3) any assistance under section 1789 of such title, as added by section 373 of this Act. (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology 375. 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. 376. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73, as amended by section 325(a) of this Act, is further amended by adding at the end the following new section: 7330C. 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, as amended by section 325(b) of this Act, is further amended by inserting after the item relating to section 7330B the following new item: 7330C. 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 7330C 377. 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. 378. 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 Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (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. . 379. 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 38 U.S.C. 1712A H Major medical facility leases 381. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. 382. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs (b) Requirement for obligation of full cost Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency (1) Compliance Subsection (b) of section 8104 is amended by adding at the end the following new paragraph: (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 Anti-Deficiency Act (A) an analysis of the classification of the lease as a lease-purchase capital lease operating lease (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a copy of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. IV Employment and Related Matters A Training and other services for veterans seeking employment 401. Reauthorization of veterans retraining assistance program (a) Extension Subsection (k) of section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 March 31, 2014 June 30, 2016 (b) Number of eligible veterans Subsection (a)(2) of such section is amended— (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (C) 50,000 during the period beginning April 1, 2014, and ending June 30, 2015; and (D) 50,000 during the period beginning July 1, 2015, and ending June 30, 2016. . (c) Clarification of limitation on aggregate amount of assistance Subsection (b) of such section is amended by striking up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs an aggregate of not more than 12 months of retraining assistance provided by the Secretary of Veterans Affairs under this section (d) Providers of retraining assistance Subsection (b) of such section is further amended— (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) by inserting after paragraph (2) the following new paragraph (3): (3) is offered by a four-year educational institution and, as determined by the Secretary, is not reasonably available at a community college or technical school; . (e) Extension of application date Subsection (e)(1)(G) of such section is amended by striking October 1, 2013 October 1, 2015 (f) Reports Subsection (i) of such section is amended— (1) in the subsection heading, by striking Report Reports (2) by striking paragraph (1) and inserting the following new paragraph (1): (1) In general The Secretary of Veterans Affairs shall submit to the appropriate committees of Congress reports on training assistance provided under this section as follows: (A) By not later than October 1, 2015, for participants provided assistance through March 31, 2014. (B) By not later than October 1, 2017, for participants provided assistance during the period beginning on April 1, 2014, and ending on June 2016. ; and (3) in paragraph (2), by striking The report required by paragraph (1) shall include Each report required by paragraph (1) shall include, for the period covered by such report, 402. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses (a) In general Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 December 31, 2014 December 31, 2016 (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the benefits provided by the Secretary under section 1631(b) of such Act. (2) Appropriate committees of congress In this subsection, the term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. 403. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law Section 3102(b)(4) is amended by striking March 31, 2014 March 31, 2016 404. Unified employment portal for veterans (a) In general Section 4105 is amended by adding at the end the following: (c) (1) The Secretary shall develop a single, unified Federal web-based employment portal, for use by veterans, containing information regarding all Federal programs and activities concerning employment, unemployment, and training to the extent the programs and activities affect veterans. (2) The Secretary shall work with representatives from the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and other Federal agencies and organizations concerned with veterans' issues, to determine an appropriate platform and implementing agency for the portal. The Secretary shall enter into an agreement with the other Federal agencies for the implementation of the portal. . (b) Implementation The Secretary of Labor shall implement the portal required by subsection (c) of section 4105 of title 38, United States Code (as added by subsection (a) of this section), by not later than January 1, 2015. 405. Report on unified Government Internet portal for veterans on jobs available through the Federal Government (a) Identification of Internet websites and applications that can assist veterans seeking employment (1) In general The Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Defense, and other appropriate public and private entities, take appropriate actions to identify Internet websites and applications that can assist veterans in seeking employment. (2) Priority in identification of certain websites and applications In identifying websites and applications pursuant to paragraph (1), the Secretary shall place a particular priority on identifying websites and applications that do the following: (A) Match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces. (B) Permit employers to post information about available jobs. (b) Report Not later than 180 days after the effective date specified in subsection (c), the Secretary of Labor 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 actions of the Secretary under subsection (a). The report shall include an assessment of the feasibility and advisability of creating a single, unified Internet-based employment portal for the Federal Government for use by veterans regarding employment through the Federal Government, including the cost of creating the portal, the collaboration with other Federal agencies required to create the portal, and the anticipated use of the portal. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 406. Information on disability-related employment and education protections in Transition Assistance Program (a) In general Section 1144(b) (9) Provide information about disability-related employment and education protections. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. B Employment of veterans and recognition of veteran status with respect to employment related matters 411. Employment of veterans with the Federal Government (a) In general Section 4214 is amended— (1) in subsection (b), by adding at the end the following: (4) (A) The requirement under this paragraph is in addition to the appointment of qualified covered veterans under the authority under paragraph (1) by the Department of Veterans Affairs and the Department of Defense. (B) The head of each agency, in consultation with the Director of the Office of Personnel Management, shall develop a plan for exercising the authority specified in subparagraph (C) during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (C) The authority specified in this subparagraph is the authority as follows: (i) The authority under paragraph (1). (ii) The authority available to the agency concerned under the Veterans Employment Opportunities Act of 1998 ( Public Law 105–339 (D) The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B) agencies shall appoint to existing vacancies not fewer than 15,000 qualified covered veterans during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 ; (2) in subsection (d), in the third sentence, by inserting (including, during the 5-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 subsection (b) of this section (3) in subsection (e)— (A) in paragraph (1)— (i) in the matter before subparagraph (A), by striking to the Congress to the appropriate committees of Congress (ii) in subparagraph (A), by inserting (including, during the 5-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (B) by adding at the end the following new paragraph: (3) In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Oversight and Government Reform of the House of Representatives. . (b) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans (a) In general Section 4102A(c) is amended by striking paragraph (9) and inserting the following new paragraph (9): (9) (A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A or 4104 of this title, the State shall— (i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran— (I) receives a satisfactory score on completion of such examination, as determined by the State; (II) has been awarded a military occupational specialty that is substantially equivalent to or exceeds the requirements of the State for the issuance of such license or credential; (III) has engaged in the active practice of the occupation for which the veteran is seeking such license or credential for at least two of the five years preceding the date of application; and (IV) pays any customary or usual fees required by the State for such license or credential; and (ii) submit each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field. (B) The Secretary may waive the requirement under subparagraph (A) that a State establish a program described in that subparagraph as a condition of a grant or contract if the State certifies to the Secretary that the State— (i) takes into account previous military training for the purposes of issuing licenses or credentials; (ii) permits veterans to completely satisfy through examination any training or testing requirements for a license or credential with respect to which a veteran has previously completed military training; and (iii) for any credential or license for which a veteran is unable to completely satisfy such requirements through examination, the State substantially reduces training time required to satisfy such requirement based on the military training received by the veteran. (C) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii). . (b) Effective date (1) Exams Subparagraph (A) of section 4102A(c)(9) (2) Reports Subparagraph (B) of such section 4102A(c)(9), as so added, shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act. 413. Grants to hire veterans as first responders (a) Grants for firefighters The Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a (b) Grants for law enforcement officers The Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. (c) Priority In awarding grants under this section to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Funding (1) Department of Homeland Security There is authorized to be appropriated for fiscal year 2015 for the Department of Homeland Security, $125,000,000 to carry out subsection (a). (2) Department of Justice There is authorized to be appropriated for fiscal year 2015 for the Department of Justice, $125,000,000 to carry out subsection (b). (3) Availability The amounts authorized to be appropriated by this subsection shall be available for expenditure through September 30, 2018. 414. Employment of veterans as evaluation factor in the awarding of Federal contracts (a) Civilian contracts (1) In general Chapter 33 3313. Employment of veterans as evaluation factor The head of each executive agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of chapter 33 of such title is amended by adding after the item relating to section 3312 the following new item: 3313. Employment of veterans as evaluation factor. . (b) Defense contracts (1) In general Chapter 137 2338. Employment of veterans as evaluation factor The head of each agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of chapter 137 of such title is amended by adding after the item relating to section 2337 the following new item: 2338. Employment of veterans as evaluation factor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out the provisions of section 3313 section 2338 415. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market (a) In general Not later than 570 days after the date of the enactment of this act, the Secretary of Labor, in coordination with the heads of such agencies as the Secretary considers appropriate, shall submit to the appropriate committees of Congress a report on barriers and potential discrimination facing veterans in the labor market. (b) Contents The report required by subsection (a) shall include the following: (1) An evaluation of the following: (A) The extent to which members of the reserve components of the Armed Forces and veterans face barriers to entry into the civilian labor market, including whether such members and veterans face obstacles in obtaining employment, maintaining employment, or receiving promotions while employed. (B) The extent to which a member of a reserve component of the Armed Forces or a veteran faces discrimination in the civilian labor market based on the member's or veteran's status as a member of a reserve component of the Armed Forces or as a veteran, as the case may be. (C) The adequacy and effectiveness of Federal laws in effect on the day before the date of the enactment of this Act in preventing or ameliorating acts of discrimination against members of the reserve components of the Armed Forces and veterans seeking or retaining employment in the civilian labor market. (D) The adequacy and effectiveness of programs of the Department of Labor in effect on the day before the date of the enactment of this Act in educating private sector employers on matters relevant to hiring and employing veterans and the military experience of veterans. (2) Such recommendations as the Secretary may have for legislative or administrative action— (A) to address barriers or discrimination that members of the reserve components of the Armed Forces and veterans may face in the civilian labor market; (B) to improve education and outreach for employers in the civilian labor market on issues regarding hiring and employing such members and veterans; and (C) to assist employers in the civilian labor market in matching the military experience of such members and veterans with the needs of such employers. (3) Such other matters as the Secretary considers appropriate. (c) Appropriate committees of congress In this section, the term appropriate committees of Congress (1) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Program on Career Transition 421. Program on provision of career transition services to young veterans (a) In general Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, carry out a program to assess the feasibility and advisability of establishing a program to provide career transition services to eligible individuals— (1) to provide eligible individuals with work experience in the civilian sector; (2) to increase the marketable skills of eligible individuals; (3) to assist eligible individuals in obtaining long-term employment; and (4) to assist in integrating eligible individuals into their local communities. (b) Eligible individuals For purposes of the program, an eligible individual is an individual who— (1) is— (A) a veteran of the Armed Forces who was discharged or released from service therein under conditions other than dishonorable; or (B) a member of a reserve component of the Armed Forces (including the National Guard) who— (i) served on active duty in the Armed Forces (other than active duty for training) for more than 180 consecutive days during the three-year period ending on the date of application for participation in the program; and (ii) is not serving on active duty on the date of commencement of participation in the program; (2) if discharged or released from the Armed Forces on the date of commencement of participation in the program, was so discharged or released not later than three years before application for participation in the program; (3) is unemployed or underemployed, as determined by the Secretary; and (4) is, at the time at which the individual applies for participation in the program, 18 years of age or older, but not more than 30 years of age. (c) Eligible employers (1) In general For purposes of the program, an eligible employer is an employer determined by the Secretary to meet such criteria for participation in the program as the Secretary shall establish for purposes of the program. (2) Past performance on certain matters The criteria established by the Secretary under paragraph (1) may include past performance of an employer with respect to the following: (A) Job training, basic skills training, and related activities. (B) Financial accountability. (C) Demonstrated high potential for growth and long-term job creation. (3) For-profit and not-for-profit employers The employers determined by the Secretary to be eligible employers under paragraph (1) may include both for-profit and not-for-profit employers. (4) Small business concerns In determining employers to be eligible employers under paragraph (1), the Secretary shall ensure that small business concerns are afforded opportunities to participate in the program. (5) Exclusions The following employers may not be determined to be an eligible employer under paragraph (1): (A) An agency of the Federal Government or a State or local government. (B) An employer that has previously participated in the program and, as determined by the Secretary, failed to abide by any requirement of the program. (C) An employer that cannot give an assurance to the Secretary at the time of application for participation in the program under subsection (l), and in such manner as the Secretary shall specify pursuant to that subsection, on each matter as follows: (i) That the employer has not been investigated or subject to a case or action by the Federal Trade Commission during the 180-day period ending on the date the employer would otherwise commence participation in the program. (ii) That the employer has been in good standing with a State business bureau during the period described in clause (i). (iii) That the employer is not delinquent with respect to payment of any taxes or employer contributions described under section 3301 and 3302 (a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)). (iv) That the employer would not request the placement of an additional eligible individual under the program, if after such additional placement, the number of eligible individuals placed in internships at such employer under the program would constitute more than 10 percent of the eligible employer’s workforce. For purposes of the previous sentence, being an intern under the program placed at an employer shall be considered part of the employer’s workforce. (v) That the employer has the intention of retaining eligible participants after such participants have completed participation in the program. (d) Duration The Secretary shall carry out the program during the three-year period beginning on the date of the commencement of the program. (e) Career transition services For purposes of the program, career transition services are the following: (1) Internships under subsection (f). (2) Mentorship and job-shadowing under subsection (g). (3) Volunteer opportunities under subsection (h). (4) Professional skill workshops under subsection (i). (5) Skills assessment under subsection (j). (6) Additional services under subsection (k). (f) Internships (1) In general For each eligible individual whom the Secretary approves for participation in the program, the Secretary shall attempt to place such eligible individual in an internship on a full-time basis with an eligible employer whom the Secretary has approved for participation in the program. (2) Duration Each internship under the program shall be for a period of one year. (3) Wages (A) In general The Secretary shall furnish pay and benefits to each eligible individual participating in an internship under the program for the duration of such participation in an aggregate amount not to exceed $25,000. (4) Employment status For purposes of the Patient Protection and Affordable Care Act ( Public Law 111–148 (5) Relation to other Federal assistance Notwithstanding any other provision of law, pay received by an individual under this subsection may not be used in any calculation to determine the eligibility of such individual for any Federal program for the purpose of obtaining child care assistance. (g) Mentorship and job-Shadowing (1) In general As a condition of an eligible employer's participation in the program and the placement of an eligible individual in an internship at the eligible employer, the eligible employer shall provide each eligible individual placed in an internship at the eligible employer under the program with at least one mentor who is an employee of the eligible employer. (2) Job-shadowing and career counseling To the extent practicable, a mentor assigned to an eligible individual participating in the program shall provide such eligible individual with job shadowing and career counseling. (h) Volunteer opportunities (1) In general As a condition on participation in the program, each eligible individual who participates in the program shall, not less frequently than once each month in which the eligible individual participates in the program, engage in a qualifying volunteer activity in accordance with guidelines the Secretary shall establish. (2) Qualifying volunteer activities For purposes of this subsection, a qualifying volunteer activity is any activity the Secretary considers related to providing assistance to, or for the benefit of, a veteran. Such activities may include the following: (A) Outreach. (B) Assisting an organization recognized by the Secretary for the representation of veterans under section 5902 (C) Service benefitting a veteran in a State home or a Department of Veterans Affairs medical facility. (D) Service benefitting a veteran at an institution of higher education. (i) Professional skills workshops (1) In general The Secretary shall provide eligible individuals participating in the program with workshops for the development and improvement of the professional skills of such eligible individuals. (2) Tailored The workshops provided by the Secretary shall be tailored to meet the particular needs of eligible individuals participating in the program as determined under subsection (j). (3) Topics The workshops provided to eligible individuals participating in the program may include workshops for the development of such professional skills as the Secretary considers appropriate, which may include the following: (A) Written and oral communication skills. (B) Basic word processing and other computer skills. (C) Interpersonal skills. (4) Manner of presentation Workshops on particular topics shall be provided through such means as may be appropriate, effective, and approved of by the Secretary for purposes of the program. Such means may include use of electronic communication. (5) Assessments The Secretary shall conduct an assessment of a participant in a workshop conducted under this subsection to assess the participant’s knowledge acquired as a result of participating in the workshop. (j) Skills assessment (1) In general Under the program, the Secretary shall develop and implement an objective assessment of eligible individuals participating in the program to assist in the placement of such individuals in internships under subsection (f) and to assist in the tailoring of workshops under subsection (i). (2) Elements The assessment may include an assessment of the skill levels and service needs of each participant, which may include a review of basic professional entry-level skills, prior work experience, employability, and the individual's interests. (k) Additional services (1) In general Except as provided in paragraph (2), the Secretary shall, under the program, furnish the following services to an eligible individual participating in the program when assessment under subsection (j) indicates such services are appropriate: (A) Counseling, such as job counseling and career counseling. (B) Job search assistance. (C) Follow-up services with participants that are offered unsubsidized employment by the employer with whom they were assigned. (D) Transportation, as described in paragraph (3). (2) Referrals In lieu of furnishing a service to an eligible individual under paragraph (1), the Secretary may refer such eligible individual to another Federal, State, or local government program that provides such service. (3) Transportation In accordance with criteria established by the Secretary for purposes of the program, the Secretary may pay an allowance based upon mileage, of any eligible individual placed in an internship under the program not in excess of 75 miles to or from a facility of the eligible employer or other place in connection with such internship. (l) Participation (1) Application (A) In general An eligible employer or eligible individual seeking to participate in the program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary shall specify. (B) Requirements for eligible employers An application submitted by an eligible employer under subparagraph (A) shall include a certification or other information, in such form and manner as the Secretary shall specify, on each of the assurances required by subsection (c)(5)(C), including the assurance that the employer has the intention of retaining eligible participants after they have completed participation in the program as provided in clause (v) of that subsection. (2) Time of application for certain eligible individuals A member of the Armed Forces on active duty who expects to be an eligible individual described in subsection (b)(1)(A) upon discharge or release from the Armed Forces may submit an application to participate in the program not earlier than 180 days before the date on which the member expects to be discharged or released from the Armed Forces. A member who submits such an application shall be treated as unemployed or underemployed for purposes of subsection (b)(2) if the member has not accepted an offer of employment after discharge or release as of the time of the submittal of the application. (3) Delimiting date for commencement of participation by individuals An eligible individual may not commence participation in the program after the date that is two years after the date of the commencement of the program. (4) Selection The Secretary shall review each application submitted by an applicant under paragraph (1) and approve or disapprove the applicant for participation in the program. (m) Grants (1) In general The Secretary may award grants to eligible entities to assist the Secretary in carrying out the program. (2) Eligible entities For purposes of the program, an eligible entity is a nonprofit organization. (3) Considerations In awarding grants under this subsection, the Secretary may consider whether an eligible entity— (A) has an understanding of the unemployment problems of eligible individuals and members of the Armed Forces transitioning from service in the Armed Forces to civilian life; and (B) has the capability to assist the Secretary in administering effectively the program and providing career transition services to eligible individuals. (4) Use of funds Amounts received by a recipient of a grant under this subsection may be used as the Secretary considers appropriate for purposes of the program, including as follows: (A) To assist the Secretary in carrying out the program. (B) To recruit eligible employers and eligible individuals to participate in the program. (C) To match eligible individuals participating in the program with internship opportunities at eligible employers participating in the program. (D) To coordinate and carry out job placement and other employer outreach activities. (n) Outreach (1) In general The Secretary of Veterans Affairs and the Secretary of Labor shall jointly carry out a program of outreach to inform eligible employers and eligible individuals about the program and the benefits of participating in the program. (2) Included locations and groups The Secretary of Veterans Affairs and the Secretary of Labor shall ensure that any outreach program and activities conducted under paragraph (1) include, to the extent practicable, rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 of title 38, United States Code). (o) Awards for outstanding contributions to program (1) In general Each year of the program, the Secretary of Veterans Affairs may recognize one or more eligible employers or one or more eligible individuals participating in the program for demonstrating outstanding achievement in carrying out or in contributing to the success of the program. (2) Criteria The Secretary shall establish such selection procedures and criteria as the Secretary considers appropriate for the award of recognition under this subsection. (p) Minimization of administrative burden on participating employers The Secretary shall take such measures as may be necessary to minimize administrative burdens incurred by eligible employers due to participation in the program. (q) Reports (1) In general Not later than 45 days after the completion of the first year of the program and not later than 180 days after the completion of the second and third years of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) An evaluation of the program. (B) The number and characteristics of participants in the program. (C) The number and types of internships in which eligible individuals were placed under the program. (D) The number of individuals who obtained long-term full-time unsubsidized employment positions after participation in the program, the hourly wage and nature of such employment, and if available, whether such individuals were still employed in such positions three months after obtaining such positions. (E) An assessment of the feasibility and advisability of providing career transition services to eligible individuals. (F) An assessment of the effect of the program on earnings of eligible individuals and the employment of eligible individuals. (G) Such recommendations for legislative and administrative action as the Secretary may have to improve the program, to expand the program, or to improve the employment of eligible individuals. (r) Funding limitations (1) Wages for internships Not less than 95 percent of amounts authorized to be appropriated for the program by subsection (t) shall be used to provide pay under subsection (f)(3). (2) Administration Not more than 5 percent of amounts authorized to be appropriated for the program by subsection (t) may be used to administer the program. (s) Definitions In this section: (1) Active duty, Armed Forces, reserve component, and veteran The terms active duty Armed Forces reserve component veteran section 101 (2) Full-time basis The term full-time basis (3) Small business concern The term small business concern 15 U.S.C. 632(a) (4) Unemployment compensation The term unemployment compensation (t) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $600,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available until expended. D Improving employment and reemployment rights of members of the uniformed services 431. Enforcement of rights of members of uniformed services with respect to States and private employers (a) Action for relief Subsection (a) of section 4323 is amended— (1) in paragraph (1)— (A) by striking appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and (B) by striking for such person (C) by striking the fourth sentence; and (D) by adding at the end the following: The person on whose behalf the complaint is referred may, upon timely application, intervene in such action, and may obtain such appropriate relief as is provided in subsections (d) and (e). (2) by striking paragraph (2) and inserting the following new paragraph (2): (2) (A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted— (i) if the Attorney General has made a decision to commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and (ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. (B) If the Attorney General notifies a person that the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision. ; (3) by redesignating paragraph (3) as paragraph (4); (4) by inserting after paragraph (2) the following new paragraph (3): (3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights and benefits provided for under this chapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter. ; and (5) in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C): (C) has been notified by the Attorney General that the Attorney General does not intend to commence an action for relief under paragraph (1) with respect to the complaint under such paragraph. . (b) Standing Subsection (f) of such section is amended to read as follows: (f) Standing An action under this chapter may be initiated only by the Attorney General or by a person claiming rights or benefits under this chapter under subsection (a). . (c) Conforming amendment Subsection (h)(2) of such section is amended by striking under subsection (a)(2) under paragraph (1) or (4) of subsection (a) 432. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services (a) In general Subchapter III of chapter 43 is amended by adding at the end the following new section: 4328. Suspension, termination, or debarment of contractors (a) Grounds for suspension, termination, or debarment Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter. (b) Effect of debarment A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years. . (b) Clerical amendment The table of sections at the beginning of chapter 43 is amended by inserting after the item relating to section 4327 the following new item: 4328. Suspension, termination, or debarment of contractor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4328 (d) Effective date Section 4328 (e) Annual report Section 4332(a) is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): (10) The number of suspensions, terminations, and debarments under section 4328 of this title, disaggregated by the agency or department imposing the suspension or debarment. . 433. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies Section 4324 is amended by adding at the end the following new subsection: (e) (1) In order to carry out the Special Counsel’s responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies. (2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel. (3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 . 434. Issuance and service of civil investigative demands by Attorney General (a) In general Section 4323 is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection (i): (i) Issuance and service of civil investigative demands (1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring— (A) the production of such documentary material for inspection and copying; (B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (C) the production of any combination of such documentary material or answers. (2) The provisions of section 3733 (A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter; (B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath; (C) the definitions relating to false claims law (D) provisions relating to qui tam relators shall not apply. . (b) Effective date Subsection (i) of section 4323 chapter 43 (c) Annual reports Section 4332(b)(2) is amended— (1) by striking Not later than (A) In general Not later than ; and (2) by adding at the end the following new subparagraph: (B) Annual supplement on civil investigative demands (i) In general The Attorney General shall include with each report submitted under subparagraph (A) for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) of this title during the most recently completed fiscal year. (ii) Elements Each report submitted under clause (i) shall include the following for the fiscal year covered by the report: (I) The number of times that a civil investigative demand was issued under section 4323(i) of this title. (II) For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment. . E Small Business Matters 441. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans Section 8127(l) is amended— (1) in paragraph (2), by inserting unconditionally owned by (2) by adding at the end the following new paragraph: (3) The term unconditionally owned . 442. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners (a) In general Section 8127(h) is amended— (1) in paragraph (3), by striking rated as disability. (2) in paragraph (2), by amending subparagraph (C) to read as follows: (C) The date that— (i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or (ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to applications received pursuant to section 8127(f)(2) 443. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences (a) In general Section 8127 is amended— (1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and (2) by inserting after subsection (h) the following new subsection (i): (i) Treatment of businesses after death of servicemember-Owner (1) If a member of the Armed Forces owns at least 51 percent of a small business concern and such member is killed in line of duty in the active military, naval, or air service, the surviving spouse or dependent child of such member who acquires such ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse or dependent child were a veteran with a service-connected disability for purposes of determining the status of the small business concern as a small business concern owned and controlled by veterans for purposes of contracting goals and preferences under this section. (2) The period referred to in paragraph (1) is the period beginning on the date on which the member of the Armed Forces dies and ending on the date as follows: (A) In the case of a surviving spouse, the earliest of the following dates: (i) The date on which the surviving spouse remarries. (ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (iii) The date that is ten years after the date of the member's death. (B) In the case of a dependent child, the earliest of the following dates: (i) The date on which the surviving dependent child relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (ii) The date that is ten years after the date of the member's death. . (b) Effective date Subsection (i) of section 8127 444. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States Section 8127, as amended by section 443 of this Act, is further amended by adding at the end the following new subsection: (n) Special rule for community property States Whenever the Secretary assesses, for purposes of this section, the degree of ownership by an individual of a small business concern licensed in a community property State, the Secretary shall also assess what that degree of ownership would be if such small business concern had been licensed in a State other than a community property State. If the Secretary determines that such individual would have had a greater degree of ownership of the small business concern had such small business concern been licensed in a State other than a community property State, the Secretary shall treat, for purposes of this section, such small business concern as if it had been licensed in a State other than a community property State. . 445. Report on assistance for veterans in obtaining training on purchasing and operating a franchise (a) Report required Not later than one year after the effective date specified in subsection (c), the Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Administrator of the Small Business Administration, and other appropriate entities, submit to Congress a report on the assistance available to veterans to obtain training necessary to purchase and operate a franchise. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the assistance available for veterans through the Department of Labor, the Department of Veterans Affairs, the Small Business Administration, or any other agency of the Federal Government in order to obtain training necessary to purchase or operate a franchise. (2) Information on the number of veterans who have sought and obtained the training described in paragraph (1) during the five calendar years preceding the report. (3) A description of any barriers encountered by veterans in obtaining the training described in paragraph (1). (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. V Accountability and Administrative Improvements 501. Administration of Veterans Integrated Service Networks (a) Veterans Integrated Service Networks (1) In general Subchapter I of chapter 73 is amended by adding at the end the following new section: 7310. Veterans Integrated Service Networks (a) Organization (1) The Secretary shall organize the Veterans Health Administration in geographically defined Veterans Integrated Service Networks. (2) Each Veterans Integrated Service Network shall be organized in consideration of the following: (A) The size of the veteran population of the region of the network. (B) The complexity of the medical needs of the veterans in such region. (C) Patient referral patterns. (D) The availability of a full continuum of health care services. (E) The ability of the Department to furnish health care efficiently. (F) Partnerships with non-Department health care entities. (b) Staffing model (1) The Secretary shall establish a staffing model for each Veterans Integrated Service Network that— (A) is appropriate for the mission and responsibilities of the Veterans Integrated Service Network; and (B) accounts for the specific health care needs of differing populations in the Veterans Integrated Service Network. (2) The Secretary shall ensure that each Veterans Integrated Service Network complies with the staffing model established by the Secretary under paragraph (1) for such Veterans Integrated Service Network. (c) Integrated health care system The Secretary shall ensure that each Veterans Integrated Service Network maintains a regional integrated healthcare system by— (1) implementing alliances with such other governmental, public, and private health care organizations and practitioners as the Secretary considers appropriate to meet the needs of veterans in the Network; (2) providing oversight and management of, and taking responsibility for, a regional budget for the activities of the Veterans Health Administration in the geographic area of the Network that is— (A) aligned with the budget guidelines of the Department and the Veterans Health Administration; (B) balanced at the end of each fiscal year; and (C) sufficient to provide high-quality health care to veterans within the region and to meet any unique needs of the veterans of the region; (3) using national metrics to develop systems to provide effective, efficient, and safe delivery of health care; and (4) ensuring high-quality clinical programs and services are rendered in and through— (A) the medical centers and outpatient clinics of the Department that are located in the Network; and (B) other non-Department clinical or health care delivery settings located in the Network. (d) Reduction in duplicate functions The Secretary shall ensure that the Veterans Integrated Service Networks identify and reduce, whenever practicable, the duplication of functions in clinical, administrative, and operational processes and practices of the Veterans Health Administration. (e) Collaboration and cooperation The Secretary shall ensure that each Veterans Integrated Service Network— (1) works to achieve maximum effectiveness in patient care and safety, graduate medical education, and research; and (2) assesses the consolidation or realignment of institutional functions, including capital asset, safety, and operational support functions, in collaboration and cooperation with other Veterans Integrated Service Networks and the following offices or entities within the geographical area of the Network: (A) The offices of the Veterans Benefits Administration and the National Cemetery Administration. (B) The offices, installations, and facilities of the Department of Defense, including the offices, installations, and facilities of each branch of the Armed Forces and the reserve components of the Armed Forces. (C) The offices, installations, and facilities of the Coast Guard. (D) Offices of State and local agencies that have a mission to provide assistance to veterans. (E) Medical schools and other affiliates. (F) Offices of Congress, offices of State and local elected officials, and other government offices. (G) Federal, State, and local emergency preparedness organizations. (H) Community and nonprofit organizations. (I) Such other entities of the Federal Government as the Secretary considers appropriate. (f) Headquarters (1) The Secretary shall ensure that each Veterans Integrated Service Network has only one headquarters office. (2) The location of a headquarters office for a Veterans Integrated Service Network shall be determined by the Secretary and co-located with a Department of Veterans Affairs medical center. (3) (A) The Secretary may employ or contract for the services of such full time equivalent employees and contractors at the headquarters of each Veterans Integrated Service Network as the Secretary considers appropriate in accordance with the staffing models established under subsection (b). (B) Not later than December 31 each year, the Secretary 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 employment at the headquarters of Veterans Integrated Service Networks during the most recently completed fiscal year. (C) Each report submitted under subparagraph (B) shall include the following for the year covered by the report: (i) The number of individuals employed at each headquarters of a Veterans Integrated Service Network. (ii) The number of individuals employed by the Veterans Health Administration in each Veterans Integrated Service Network who are not employed at the same location as the headquarters of the Network. (iii) The title for each position of employment at a headquarters of a Veterans Integrated Service Network. (iv) The title for each position of employment with the Veterans Health Administration in each Veterans Integrated Service Network that is not at the same location as the headquarters of the Network. (v) An assessment of the impact on the budget of the Department by the employment of individuals at the headquarters of the Veterans Integrated Service Networks. (g) Triennial structure review, reassessment, and report (1) Beginning three years after the date of the enactment of this section and not less frequently than once every three years thereafter, the Secretary shall conduct a review and assessment of the structure and operations of the Veterans Integrated Service Networks in order to identify recommendations— (A) for streamlining and reducing costs associated with the operation of each headquarters of a Veterans Integrated Service Network; and (B) for reducing costs of health care within the Veterans Health Administration. (2) Not later than 180 days after conducting a review and assessment under paragraph (1), the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such review and assessment, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the Veterans Integrated Service Networks. . (2) Clerical amendment The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7309 the following new item: 7310. Veterans Integrated Service Networks. . (b) Relocation of headquarters (1) In general In the case of a headquarters office of a Veterans Integrated Service Network that on the day before the date of the enactment of this Act was in a location that was not co-located with a Department of Veterans Affairs medical center and the Secretary is engaged in a lease for such location, the Secretary may— (A) relocate such headquarters upon the expiration of such lease so that such headquarters is co-located as required by section 7310(f)(2) (B) notwithstanding such section 7310(f)(2) (as so added), renew such lease or enter into a new lease to keep such headquarters in such location. (2) Report If the Secretary renews a lease or engages in a new lease under paragraph (1)(B), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before renewing such lease or engaging in such lease, a report describing the reasons for such renewal or engagement. Such report shall include the following: (A) A list of Department of Veterans Affairs medical centers in the Veterans Integrated Service Network of the headquarters with underutilized buildings, the number of such buildings, and the total underutilized square footage for each such medical center. (B) The cost of the current lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the current square footage being leased. (C) The cost of the new lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. (c) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 502. Regional support centers for Veterans Integrated Service Networks (a) In general Subchapter I of chapter 73, as amended by section 501(a)(1) of this Act, is further amended by adding at the end the following new section: 7310A. Regional support centers for Veterans Integrated Service Networks (a) Establishment The Secretary shall establish not more than four regional support centers within the Veterans Health Administration to assess the effectiveness and efficiency of the Veterans Integrated Service Networks. The head of each regional support center shall report to the Under Secretary of Health. (b) Functions The functions of the regional support centers established under subsection (a) are as follows: (1) To assess the quality of work performed within finance operations and other compliance related activities of the Veterans Integrated Service Networks. (2) To assess how effectively and efficiently each Veterans Integrated Service Network conducts outreach to veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, or any other contingency operation (as that term is defined in section 101 (3) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs for the benefit of women veterans. (4) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs that address homelessness among veterans. (5) To assess how effectively and efficiently each Veterans Integrated Service Network consumes energy. (6) To assess such other matters concerning the operations and activities of the Veterans Integrated Service Networks as the Secretary considers appropriate. (c) Staff The Secretary may hire such employees and contractors as the Secretary considers appropriate to carry out the functions of the regional support centers. (d) Location of regional support centers (1) Except as provided in paragraph (2), the location of each regional support center established under subsection (a) shall be determined by the Secretary and co-located with a medical center of the Department. (2) The Secretary may choose a location for a regional support center established under subsection (a) that is not co-located with a medical center of the Department if the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before entering into a contract for a location that is not co-located with a medical center, a report describing the reasons for choosing a location for the regional support center that is not co-located with a medical center of the Department. Such report shall include the following: (A) A list of medical centers of the Department in the Veterans Integrated Service Network of the regional support center with underutilized buildings, the number of all Veterans Health Administration buildings in such Network, and the total underutilized square footage for each medical center of the Department in such Network. (B) The estimated cost of such lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. . (b) Initial staffing In providing for the initial staff of each regional support center established under section 7310A(a) of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall, to the degree practicable, transfer employees from headquarters of Veterans Integrated Service Networks to regional support centers who were employed in positions at such headquarters that covered functions similar to those described in section 7310A(b) of such title, as so added. (c) Clerical amendment The table of sections at the beginning of chapter 73, as amended by section 501(a)(2) of this Act, is further amended by inserting after the item relating to section 7310 the following new item: 7310A. Regional support centers for Veterans Integrated Service Networks. . (d) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (e) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (a) Establishment of commission (1) Establishment There is established the Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall, subject to subparagraph (B), be composed of 10 voting members as follows: (i) 1 shall be appointed by the President. (ii) 1 shall be appointed by the Administrator of General Services. (iii) 3 shall be appointed by the Secretary of Veterans Affairs, of whom— (I) 1 shall be an employee of the Veterans Health Administration; (II) 1 shall be an employee of the Office of Asset Enterprise Management of the Department of Veterans Affairs; and (III) 1 shall be an employee of the Office of Construction and Facilities Management of the Department of Veterans Affairs. (iv) 1 shall be appointed by the Secretary of Defense from among employees of the Army Corps of Engineers. (v) 1 shall be appointed by the majority leader of the Senate. (vi) 1 shall be appointed by the minority leader of the Senate. (vii) 1 shall be appointed by the Speaker of the House of Representatives. (viii) 1 shall be appointed by the minority leader of the House of Representatives. (B) Requirement relating to certain appointments of voting members Of the members appointed pursuant to clause (i), (ii), and (iv) through (viii) of subparagraph (A), all shall have expertise in capital leasing, construction, or health facility management planning. (C) Non-voting members The Commission shall be assisted by 10 non-voting members, appointed by the vote of a majority of members of the Commission under subparagraph (A), of whom— (i) 6 shall be representatives of veterans service organizations recognized by the Secretary of Veterans Affairs; and (ii) 4 shall be individuals from outside the Department of Veterans Affairs with experience and expertise in matters relating to management, construction, and leasing of capital assets. (D) Date of appointment of voting members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 60 days after the date of the enactment of this Act. (3) 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. (4) Initial meeting Not later than 15 days after the date on which 7 members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chair. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. (b) Duties of commission (1) In general The Commission shall undertake a comprehensive evaluation and assessment of various options for capital planning for Department of Veterans Affairs medical facilities, including an evaluation and assessment of the mechanisms by which the Department currently selects means for the delivery of health care, whether by major construction, major medical facility leases, sharing agreements with the Department of Defense, the Indian Health Service, and Federally Qualified Health Clinics under section 330 of the Public Health Service Act ( 42 U.S.C. 254b (2) Context of evaluation and assessment In undertaking the evaluation and assessment, the Commission shall consider— (A) the importance of access to health care through the Department, including associated guidelines of the Department on access to, and drive time for, health care; (B) limitations and requirements applicable to the construction and leasing of medical facilities for the Department, including applicable laws, regulations, and costs as determined by both the Congressional Budget Office and the Office of Management and Budget; (C) the nature of capital planning for Department medical facilities in an era of fiscal uncertainty; (D) projected future fluctuations in the population of veterans; and (E) the extent to which the Department was able to meet the mandates of the Capital Asset Realignment for Enhanced Services Commission. (3) Particular considerations In undertaking the evaluation and assessment, the Commission shall address, in particular, the following: (A) The Major Medical Facility Lease Program of the Department, including an identification of potential improvements to the lease authorization processes under that Program. (B) The management processes of the Department for its Major Medical Facility Construction Program, including processes relating to contract award and management, project management, and processing of change orders. (C) The overall capital planning program of the Department for medical facilities, including an evaluation and assessment of— (i) the manner in which the Department determines whether to use capital or non-capital means to expand access to health care; (ii) the manner in which the Department determines the disposition of under-utilized and un-utilized buildings on campuses of Department medical centers, and any barriers to disposition; (iii) the effectiveness of the facility master planning initiative of the Department; and (iv) the extent to which sustainable attributes are planned for to decrease operating costs for Department medical facilities. (D) The current backlog of construction projects for Department medical facilities, including an identification of the most effective means to quickly secure the most critical repairs required, including repairs relating to facility condition deficiencies, structural safety, and compliance with the Americans With Disabilities Act of 1990. (4) Reports Subject to paragraph (5), the Commission shall submit to the Secretary of Veterans Affairs, and to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, reports as follows: (A) Not later than six months after its initial meeting under subsection (a)(4), a report on the Major Medical Facility Lease Program and the Congressional lease authorization process. (B) Not later than one year after its initial meeting, a report— (i) on the management processes of the Department for the construction of Department medical facilities; and (ii) setting forth an update of any matters covered in the report under subparagraph (A). (C) Not later than 18 months after its initial meeting, a report— (i) on the overall capital planning program of the Department for medical facilities; and (ii) setting forth an update of any matters covered in earlier reports under this paragraph. (D) Not later than two years after its initial meeting, a report— (i) on the current backlog of construction projects for Department medical facilities; (ii) setting forth an update of any matters covered in earlier reports under this paragraph; and (iii) including such other matters relating to the duties of the Commission that the Commission considers appropriate. (E) Not later than 27 months after its initial meeting, a report on the implementation by the Secretary of Veterans Affairs pursuant to subsection (g) of the recommendations included pursuant to paragraph (5) in the reports under this paragraph. (5) Recommendations Each report under paragraph (4) shall include, for the aspect of the capital asset planning process of the Department covered by such report, such recommendations as the Commission considers appropriate for the improvement and enhancement of such aspect of the capital asset planning process. (c) Powers of 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 request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of commission The Commission shall terminate 60 days after the date on which the Commission submits its report under subsection (b)(4)(E). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission such amounts as the Secretary and the Chair of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Action on recommendations (1) In general The Secretary of Veterans Affairs shall implement each recommendation included in a report under subsection (b)(4) that the Secretary considers feasible and advisable and can be implemented without further legislative action. (2) Reports Not later than 120 days after receipt of a report under subparagraphs (A) through (D) of subsection (b)(4), the Secretary shall submit to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in such report. (B) For each recommendation assessed as feasible and advisable— (i) if such recommendation does not require further legislative action for implementation, a description of the actions taken, and to be taken, by the Secretary to implement such recommendation; and (ii) if such recommendation requires further legislative action for implementation, recommendations for such legislative action. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs (a) In general Section 117 is amended— (1) by striking medical care accounts of the Department covered accounts of the Department (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account accounts of the Department of Veterans Affairs account (B) in paragraph (1), by inserting Veterans Health Administration, (1) (C) in paragraph (2), by inserting Veterans Health Administration, (2) (D) in paragraph (3), by inserting Veterans Health Administration, (3) (E) by redesignating paragraphs (1) through (3) as paragraphs (7) through (9), respectively; (F) by inserting before paragraph (7), as redesignated by subparagraph (E), the following new paragraphs: (1) Veterans Benefits Administration, Compensation and Pensions. (2) Veterans Benefits Administration, Readjustment Benefits. (3) Veterans Benefits Administration, Veterans Insurance and Indemnities. (4) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (5) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. ; and (G) in the subsection heading, by striking Medical care accounts Covered accounts (3) in the section heading, by striking certain medical care accounts certain accounts (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. (c) Conforming amendment Section 1105 (37) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs: (A) Veterans Benefits Administration, Compensation and Pensions. (B) Veterans Benefits Administration, Readjustment Benefits. (C) Veterans Benefits Administration, Veterans Insurance and Indemnities. (D) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (E) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (F) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (G) Veterans Health Administration, Medical Services. (H) Veterans Health Administration, Medical Support and Compliance. (I) Veterans Health Administration, Medical Facilities. . (d) Technical correction Such section is further amended by redesignating the second paragraph (37), as added by section 11(a)(2) of the GPRA Modernization Act of 2010 ( Public Law 111–352 505. Public access to Department of Veterans Affairs research and data sharing between Departments (a) Establishment of Internet website The Secretary of Veterans Affairs shall make available on an Internet website of the Department of Veterans Affairs available to the public the following: (1) Data files that contain information on research of the Department. (2) A data dictionary on each data file. (3) Instructions for how to obtain access to each data file for use in research. (b) Public access to manuscripts on Department funded research (1) In general Beginning not later than 540 days after the effective date specified in subsection (e), the Secretary shall require, as a condition on the use of any data gathered or formulated from research funded by the Department, that any final, peer-reviewed manuscript prepared for publication that uses such data be submitted to the Secretary for deposit in the digital archive under paragraph (2) and publication under paragraph (3). (2) Digital archive Not later than 540 days after the effective date specified in subsection (e), the Secretary shall— (A) establish a digital archive consisting of manuscripts described in paragraph (1); or (B) partner with another executive agency to compile such manuscripts in a digital archive. (3) Public availability (A) Availability of archive The Secretary shall ensure that the digital archive under paragraph (2) and the contents of such archive are available to the public via a publicly accessible Internet website at no cost to the public. (B) Availability of manuscripts The Secretary shall ensure that each manuscript submitted to the Secretary under paragraph (1) is available to the public under subparagraph (A) not later than one year after the official date on which the manuscript is otherwise published. (4) Consistent with copyright law The Secretary shall carry out this subsection in a manner consistent with applicable copyright law. (5) Annual report (A) In general Not later than one year after the date the Secretary begins making manuscripts available to the public under this subsection and not less frequently than once each year thereafter, the Secretary 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 implementation of this subsection during the most recent one-year period. (B) Contents Each report submitted under subparagraph (A) shall include for the period of the report: (i) The number of manuscripts submitted under paragraph (1). (ii) The titles of such manuscripts. (iii) The authors of such manuscripts. (iv) For each such manuscript, the name and issue number or volume number, as the case may be, of the journal or other publication in which such manuscript was published. (c) Recommendations for data sharing between Department of Veterans Affairs and Department of Defense Not later than one year after the effective date specified in subsection (e), the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) Veterans. (2) Members of the Armed Forces. (3) Family members of veterans. (4) Family members of members of the Armed Forces. (5) Members of communities that have a significant population of veterans or members of the Armed Forces. (d) Executive agency defined In this section, the term executive agency section 133 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration (a) Assessment of information currently available Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct an assessment of the process by which the Veterans Benefits Administration informs veterans, veterans service organizations, and such other persons as the Comptroller General considers appropriate regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs to determine the extent to which the process results in disseminated information that— (A) adequately supports and improves the timeliness and accuracy of decisions made by the Administration with respect to claims for disability compensation and such other benefits furnished under laws administered by the Secretary of Veterans Affairs as the Comptroller General considers appropriate; and (B) encourages the filing of fully developed claims for benefits under laws administered by the Secretary; and (2) assess how the Veterans Benefits Administration notifies each claimant during, and as part of, any electronic filing process established by the Secretary for the filing of applications for disability compensation and such other benefits under laws administered by the Secretary as the Comptroller General considers appropriate that services may be available to the claimant from a veterans service organization. (b) Report Not later than two years after the date of the enactment of this Act, the Comptroller General 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 findings of the Comptroller General under subsection (a). Such report shall include such recommendations as the Comptroller General may have for legislative or administrative action to improve the availability of information made available to the public by the Veterans Benefits Administration regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs. (c) Veterans service organization defined In this section, the term veterans service organization section 5902 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs (a) In general Not later than one year after the effective date specified in subsection (c), the Comptroller General 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 advisory committees of the Department of Veterans Affairs. (b) Contents The report required by subsection (a)— (1) shall include— (A) recommendations or proposals for continuing, modifying, or terminating certain advisory committees, including noting areas of overlap and duplication among the advisory committees; and (B) such other information as the Comptroller General considers appropriate; and (2) may include— (A) a description of each advisory committee, including with respect to each committee— (i) the purpose of the committee; (ii) the commencement date of the committee; and (iii) the anticipated termination date of the committee; (B) a summary of the anticipated expenses and the actual expenses incurred for each advisory committee during the most recent three fiscal years ending before the date of the enactment of this Act; and (C) with respect to meetings held by each advisory committee— (i) the frequency with which each committee has met during the shorter of— (I) the most recent three fiscal years ending before the date of the enactment of this Act; and (II) the life of the committee; (ii) the date of the most recent meeting held by the committee before such date of enactment; and (iii) the date of the most recent report or other written product developed by the committee before such date of enactment. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. VI Improvement of Processing of Claims for Compensation A Claims Based on Military Sexual Trauma 601. Medical examination and opinion for disability compensation claims based on military sexual trauma (a) In general Section 5103A(d) is amended by adding at the end the following new paragraph: (3) (A) In the case of a claim for disability compensation based on a mental health condition related to military sexual trauma, the Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)— (i) (I) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and (II) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service; but (ii) does not contain a diagnosis or opinion by a mental health professional that may assist in corroborating the occurrence of a military sexual trauma stressor related to a diagnosable mental health condition. (B) In this paragraph, the term military sexual trauma sexual harassment . (b) Report Not later than 18 months after the date of the enactment of this Act, 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 number of examinations and opinions conducted by the Secretary pursuant to paragraph (3) of section 5103A(d) (1) The number of examinations conducted using a standardized disability assessment. (2) The number of examinations conducted using a non-standardized clinical interview. 602. Case representative officers for military sexual trauma support (a) In general The Secretary of Veterans Affairs shall assign to each individual seeking compensation under the laws administered by the Secretary based on military sexual trauma a case representative officer who shall provide advice and general information to such individual on the claims process for such compensation. Each case representative officer so assigned shall be assigned from among current personnel of the Department of Veterans Affairs. (b) Liaison A case representative officer assigned to an individual under subsection (a) shall be responsible for serving as a liaison between the individual, an authorized agent or attorney of the individual under section 5904 (c) Case representative officer requirements (1) Competence and knowledge Each case representative officer assigned under subsection (a) shall be competent and knowledgeable about the following: (A) The claims adjudication process and applicable laws, regulations, and other authority applicable to the adjudication of disability claims based on military sexual trauma. (B) Such other services to victims of sexual trauma as the Secretary considers appropriate. (2) Limitation on number of individuals to which assigned A case representative officer may not be assigned to more individuals described in subsection (a) than, as determined by the Secretary, is appropriate for the provision of individual case management assistance by such officer. (d) Information on benefits and programs relating to military sexual trauma (1) In general The Secretary shall make available to the public information on the availability of case representative officers under subsection (a) to assist in the application for benefits based on military sexual trauma. The Secretary shall revise and update the information so made available in order to ensure that the information is as current as possible. (2) Individuals separating from military service The Secretary shall, in consultation with the Secretary of Defense, ensure that individuals who are being separated from the active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for benefits based on military sexual trauma and the availability of case representative officers under subsection (a). (e) Information on training for agents and representatives of individuals assigned case representative officer The Secretary shall make available to the authorized agent or attorney of an individual assigned a case representative under subsection (a), or to the otherwise accredited representative of the individual, any relevant materials used to train such case representative officer for the duties of such position. (f) Advisory Committee on Women Veterans consideration of mechanisms To enhance coordination between VBA and VHA on benefits for military sexual trauma The Advisory Committee on Women Veterans established under section 542 (g) Annual reports Not less frequently than annually, 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 setting forth the following: (1) A certification whether or not the case representative officers assigned under subsection (a) during the preceding year met the requirements specified in subsection (c). (2) A description of the current training the Secretary provides to employees of the Veterans Benefits Administration on claims for benefits based on military sexual trauma, including the frequency, length, and content of such training. (3) A description of current policies and procedures on the training the Secretary provides to case representative officers, including the current position descriptions for case representative officers. (4) A description of current efforts to coordinate activities and assistance provided to individuals who seek care or benefits for military sexual trauma between the Veterans Health Administration and Veterans Benefits Administration, including the efforts of the Advisory Committee on Women Veterans under subsection (f). (h) Sunset (1) In general No case representative officer may be assigned under subsection (a) after December 31, 2018. (2) Continuation of duties after sunset date Paragraph (1) shall not be construed to prohibit any case representative officer assigned to an individual before the date specified in that paragraph from performing duties pursuant to this section after that date with respect to a claim for which that case representative officer was assigned to such individual before that date. (i) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Military sexual trauma The term military sexual trauma sexual harassment 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma (a) In general Not later than 90 days after the date of the enactment of this Act, 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 current standard of proof for service-connection under chapter 11 (b) Recommendations The Secretary shall include in the report under subsection (a) any recommendations the Secretary considers appropriate to improve the adjudication of claims for compensation based on military sexual trauma, including— (1) recommendations for an appropriate standard of proof for such claims if the Secretary considers such recommendations advisable; and (2) recommendations for legislative action, if necessary, to carry out such improvement. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered mental health condition The term covered mental health condition (3) Military sexual trauma The term military sexual trauma sexual harassment 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma (a) Reports Not later than December 1, 2014, and each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to Congress a report on the covered claims submitted to the Secretary during the previous fiscal year. (b) Elements Each report under subsection (a) shall include the following: (1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. (2) Of the covered claims under paragraph (1), the number and percentage of such claims— (A) submitted by each gender; (B) that were approved, including the number and percentage of such approved claims submitted by each gender; and (C) that were denied, including the number and percentage of such denied claims submitted by each gender. (3) Of the covered claims under paragraph (1) that were approved, the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability. (4) Of the covered claims under paragraph (1) that were denied— (A) the three most common reasons given by the Secretary under section 5104(b)(1) (B) the number of denials that were based on the failure of a veteran to report for a medical examination. (5) Of the covered claims under paragraph (1) that were resubmitted to the Secretary after denial in a previous adjudication— (A) the number of such claims submitted to or considered by the Secretary during the fiscal year covered by the report; (B) the number and percentage of such claims— (i) submitted by each gender; (ii) that were approved, including the number and percentage of such approved claims submitted by each gender; and (iii) that were denied, including the number and percentage of such denied claims submitted by each gender; (C) the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability; and (D) of such claims that were again denied— (i) the three most common reasons given by the Secretary under section 5104(b)(1) of such title for such denials; and (ii) the number of denials that were based on the failure of a veteran to report for a medical examination. (6) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. (7) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered claims The term covered claims (3) Military sexual trauma The term military sexual trauma sexual harassment B Claims for dependency and indemnity compensation 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims (a) In general The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of expediting the treatment of a covered dependency and indemnity compensation claim. (b) Covered dependency and indemnity compensation claims For purposes of this section, a covered dependency and indemnity compensation claim is a claim submitted to the Secretary for compensation under chapter 13 (1) applies for such compensation within one-year of the death of the veteran upon whose service the claim is based; (2) was the dependent on the claim of a veteran who was receiving benefits for one or more service-connected conditions as of the date of death; (3) submits a death certificate or other evidence with the claim indicating that the veteran’s death was due to a service-connected or compensable disability; and (4) in the case that the claimant is the spouse of the deceased veteran, certifies that he or she has not remarried since the date of the veteran’s death. (c) Duration The program shall be carried out during the one-year period beginning on the date that is 90 days after the date of the enactment of this Act. (d) Locations The program shall be carried out at the Pension Management Center of the Department of Veterans Affairs or such centers selected by the Secretary for purposes of the program. (e) Report (1) In general Not later than 270 days after the date on which the program is completed, the Secretary 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 program. (2) Contents The report required by paragraph (1) shall include the following: (A) The number of covered dependency and indemnity compensation claims that were adjudicated under the program, disaggregated by the following: (i) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the spouse of a deceased veteran. (ii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the child of a deceased veteran. (iii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the parent of a deceased veteran. (B) The number of covered dependency and indemnity compensation claims that were adjudicated under the program and for which compensation was not awarded, disaggregated by clauses (i) through (iii) of subparagraph (A). (C) A comparison of the accuracy and timeliness of claims adjudicated under the program with claims submitted to the Secretary for compensation under chapter 13 (D) The findings of the Secretary with respect to the program. (E) Such recommendations as the Secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the Secretary for compensation under chapter 13 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children (a) In general Not later than 455 days after the date of the enactment of this Act, 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 with recommendations for legislative or administrative actions to improve the timeliness and accuracy with which the Secretary processes and adjudicates claims for compensation under chapter 13 (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Agency of Original Jurisdiction 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group to assess and develop recommendations for the improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (b) Composition The working group shall be composed of the following: (1) The Secretary or the Secretary's designee. (2) Individuals selected by the Secretary from among employees of the Department of Veterans Affairs who handle claims for compensation and pension benefits and are recommended to the Secretary by a labor organization for purposes of this section, including at least one of each of the following individuals: (A) A veterans service representative. (B) A rating veterans service representative. (C) A decision review officer. (3) Not fewer than three individuals selected by the Secretary to represent different organizations recognized by the Secretary for the representation of veterans under section 5902 (4) Individuals selected by the Secretary— (A) that are not employees of the Department; and (B) that are experts in work credit and work management systems. (c) Duties The duties of the working group are to assess and develop recommendations for the following: (1) The improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (2) A scientific, data based methodology to be used in revising the employee work credit system of the Department to improve the quality and quantity of work produced by employees of the Department. (3) The improvement of the resource allocation model of the Veterans Benefits Administration, with a focus on the processing of claims in an electronic environment. (4) A schedule by which the revisions referred to in paragraph (2) will be implemented by the Department. (d) Review and incorporation of findings from prior study In carrying out its duties under subsection (c), the working group shall review the findings and conclusions of previous studies of the employee work credit and work management systems of the Veterans Benefits Administration. (e) Role of the Secretary The Secretary shall consider the recommendations of the working group and implement such recommendations as the Secretary determines appropriate. (f) Reports (1) Interim report Not later than 180 days after the date of the establishment of the working group, the working group shall submit to Congress a report on the progress of the working group. (2) Final report Not later than one year after the date of the establishment of the working group, the Secretary shall submit to Congress the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). (g) Implementation of methodology and schedule After submitting the report under subsection (f), the Secretary shall take such actions as may be necessary to apply the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators (a) Establishment The Secretary of Veterans Affairs shall establish a task force to assess retention and training of claims processors and adjudicators that are employed by the Department of Veterans Affairs and other departments and agencies of the Federal Government. (b) Composition The task force shall be composed of the following: (1) The Secretary of Veterans Affairs or designee. (2) The Director of the Office of Personnel Management or designee. (3) The Commissioner of Social Security or designee. (4) An individual selected by the Secretary of Veterans Affairs who represents an organization recognized by the Secretary for the representation of veterans under section 5902 (5) Such other individuals selected by the Secretary who represent such other organizations and institutions as the Secretary considers appropriate. (c) Duration The task force established under subsection (a) shall terminate not later than two years after the date on which the task force is established under such subsection. (d) Duties The duties of the task force are as follows: (1) To identify key skills required by claims processors and adjudicators to perform the duties of claims processors and adjudicators in the various claims processing and adjudication positions throughout the Federal Government. (2) To identify reasons for employee attrition from claims processing positions. (3) To coordinate with educational institutions to develop training and programs of education for members of the Armed Forces to prepare such members for employment in claims processing and adjudication positions in the Federal Government. (4) To identify and coordinate offices of the Department of Defense and the Department of Veterans Affairs located throughout the United States to provide information about, and promotion of, available claims processing positions to members of the Armed Forces transitioning to civilian life and to veterans with disabilities. (5) To establish performance measures to evaluate the effectiveness of the task force. (6) Not later than one year after the date of the establishment of the task force, to develop a Government-wide strategic and operational plan for promoting employment of veterans in claims processing positions in the Federal Government. (7) To establish performance measures to assess the plan developed under paragraph (6), to assess the implementation of such plan, and to revise such plan as the task force considers appropriate. (e) Reports (1) Submittal of plan Not later than one year after the date of the establishment of the task force, the Secretary of Veterans Affairs shall submit to Congress a report on the plan developed by the task force under subsection (d)(6). (2) Assessment of implementation Not later than 120 days after the termination of the task force, the Secretary shall submit to Congress a report that assesses the implementation of the plan developed by the task force under subsection (d)(6). 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies (a) Reports required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through the date that is 910 days after the date of the enactment of this Act, 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 attempts of the Department of Veterans Affairs to obtain records necessary to adjudicate claims for benefits from another department or agency of the Federal Government during the 180-day period ending on the date of such report. (b) Elements (1) In general Each report shall set forth the following: (A) For the period covered by such report, the following: (i) The total number of requests made by the Department. (ii) The types of records requested. (iii) The number of requests made before the receipt of each record. (iv) The amount of time between the initial request for each record and the receipt of each record. (v) The number of occurrences of the receipt of a record after the adjudication of the claim for which the record was sought. (vi) A description of the efforts of the Secretary to expedite the delivery of records to the Department from other departments and agencies of the Federal Government. (B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such report. (2) Presentation The information in a report under clause (i) through (v) of paragraph (1)(A) shall be set forth separately for each department and agency of the Federal Government covered by such report. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs Section 5902(a)(1) is amended by inserting , including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b as the Secretary may approve 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs (a) Program required The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of entering into memoranda of understanding with local governments and tribal organizations— (1) to improve the quality of claims submitted to the Secretary for compensation under chapter 11 of title 38, United States Code, and pension under chapter 15 of such title; and (2) to provide assistance to veterans who may be eligible for such compensation or pension in submitting such claims. (b) Minimum number of participating tribal organizations In carrying out the program required by subsection (a), the Secretary shall enter into, or maintain existing, memoranda of understanding with at least— (1) two tribal organizations; and (2) 10 State or local governments. (c) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (d) Report (1) Initial report Not later than one year after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (2) Final report Not later than 180 days after the termination of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (C) The findings and conclusions of the Secretary with respect to the program. (D) Such recommendations for continuation or expansion of the program as the Secretary considers appropriate. (e) Tribal organization defined In this section, the term tribal organization section 3765 626. Department of Veterans Affairs notice of average times for processing compensation claims (a) Public notice The Secretary of Veterans Affairs shall, to the extent practicable, post the information described in subsection (b)— (1) in physical locations, such as Regional Offices or other claims in-take facilities, that the Secretary considers appropriate; (2) on the Internet website of the Department; and (3) through other mediums or using such other methods, including collaboration with veterans service organizations, as the Secretary considers appropriate. (b) Information described (1) In general The information described in this subsection is the average processing time of the claims described in paragraph (2). (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim. (B) A claim that is not fully developed. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter. (c) Expiration of requirements The requirements of subsection (a) shall expire on December 31, 2015. (d) Veterans service organization defined In this section, the term veterans service organization section 5902 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated (a) In general Not later than 90 days after the date of the enactment of this Act and not less frequently than quarterly thereafter through calendar year 2015, 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 backlog of claims filed with the Department of Veterans Affairs for compensation that have not been adjudicated by the Department. (b) Contents Each report submitted under subsection (a) shall include the following: (1) For each month through calendar year 2015, a projection of the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the expected impact of those initiatives on accuracy and timeliness of adjudication of claims. (2) For each quarter through calendar year 2015, a projection of the average accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (3) For each month during the most recently completed quarter, the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the impact of those initiatives on accuracy and timeliness of adjudication of claims. (G) An assessment of the accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (4) For the most recently completed quarter— (A) the number of cases physically received at the Board of Veterans’ Appeals and docketed; (B) the number of cases pending at the Board of Veterans’ Appeals at the end of the quarter; (C) the number of cases physically at the Board of Veterans’ Appeals at the end of the quarter; (D) the number of notices of disagreement and appeals filed to the agency of original jurisdiction referred to in section 7105(b)(1) (E) the number of decisions made by the Board of Veterans’ Appeals and the percentage of such decisions that were allowed, remanded, denied, or otherwise disposed of. (c) Availability to public The Secretary shall make each report submitted under subsection (a) available to the public. (d) On backlog and pending defined In this section, the terms on backlog pending 628. Reports on use of existing authorities to expedite benefits decisions (a) Report on current use of temporary, intermediate, and provisional rating decisions (1) Report required Not later than 180 days after the date of the enactment of this Act, 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 use of temporary, intermediate, and provisional rating decisions to expedite the benefits decisions of the Department of Veterans Affairs. (2) Report elements The report required by paragraph (1) shall include the following: (A) With respect to temporary and intermediate rating decisions, the following: (i) The number of temporary and intermediate rating decisions issued by the Department during each of fiscal years 2011, 2012, and 2013. (ii) A description of any reasons or obstacles that prevent use of existing authorities to issue temporary or intermediate rating decisions. (iii) A description of the Quick Pay Disability initiative, including the rationale for not expanding the initiative beyond pilot program status. (B) With respect to provisional rating decisions, the following: (i) The number of provisional rating decisions issued by the Department during the oldest claims first initiative. (ii) Of the provisional rating decisions issued during the oldest claims first initiative— (I) the number of such decisions that involved a claim granted; (II) the number of such decisions that involved a claim denied; and (III) the number of such decisions that involved a claim granted in part or a claim denied in part. (iii) A statement of the most common reasons claims were not granted earlier under the oldest claims first initiative when there was sufficient evidence to render an award of benefits in the provisional rating decision. (iv) The average number of days to issue a provisional rating decision under the oldest claims first initiative. (v) Of the total number of decisions that were completed under the oldest claims first initiative— (I) the number that were Category 1 claims and received a final rating decision; and (II) the number that were Category 2 claims and received a provisional rating decision. (vi) The number of rating decisions issued during the oldest claims first imitative that involved a brokered claim, set forth by number of such claims by Regional Office of the Department, including— (I) the number of brokered claims received by each Regional Office; and (II) the number of brokered claims issued by each Regional Office. (vii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested that the provisional decision become final in order to appeal. (viii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested an appeal after the expiration of the 1-year period beginning on the date of notification of the provisional rating decision. (ix) An assessment of the accuracy of provisional rating decisions issued during the oldest claims first initiative, set forth by Category 1 claims and Category 2 claims. (C) Such other matters as the Secretary considers appropriate for purposes of the report. (3) Supplemental information If the Secretary continues to obtain information on rating decisions under clauses (vii) and (viii) of paragraph (2)(B) after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on such information that supplements the information on such clauses in the report under paragraph (1) when the Secretary completes accumulation of such information. (b) Plan for increase in use of temporary or intermediate rating decisions (1) Report on plan required Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department when the record contains sufficient evidence to grant any claim at issue, including service connection. (2) Plan elements The plan required under paragraph (1) shall include the following: (A) Mechanisms to overcome obstacles to the use of temporary or intermediate rating decisions, including mechanisms (such as upgrades) to assure the ability of the Veterans Benefits Management System to facilitate the issuance of temporary or intermediate rating decisions. (B) Mechanisms to ensure that appropriate claimant populations, such as claimants who file complex or multi-issue disability compensation claims, benefit from the availability of temporary or intermediate rating decisions. (C) Mechanisms to provide for the use of temporary or intermediate rating decisions, including mechanisms to resolve whether a request by a claimant or claimant representative should trigger use of a temporary or intermediate rating decision depending on the circumstances of the claimant. (D) Mechanisms to prevent the use of temporary or intermediate rating decisions in lieu of a final rating decision when a final rating decision could be made with little or no additional claim development. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations (a) Report on disability medical examinations furnished by Department of Veterans Affairs (1) In general Not later than 180 days after the date of the enactment of this Act, 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 furnishing of general medical and specialty medical examinations by the Department of Veterans Affairs for purposes of adjudicating claims for benefits under laws administered by the Secretary. (2) Contents The report submitted under paragraph (1) shall include the following: (A) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating claims for benefits under laws administered by the Secretary. (B) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which a comprehensive joint examination was conducted, but for which no disability relating to a joint, bone, or muscle had been asserted as an issue in the claim. (C) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim. (D) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which one or more joint examinations were conducted. (E) A summary with citations to any medical and scientific studies that provide a basis for determining that three repetitions is adequate to determine the effect of repetitive use on functional impairments. (F) The names of all examination reports, including general medical examinations and Disability Benefits Questionnaires, used for evaluation of compensation and pension disability claims which require measurement of repeated ranges of motion testing and the number of examinations requiring such measurements which were conducted in fiscal year 2012. (G) The average amount of time taken by an individual conducting a medical examination to perform the three repetitions of movement of each joint. (H) A discussion of whether there are more efficient and effective scientifically reliable methods of testing for functional loss on repetitive use of an extremity other than the three time repetition currently used by the Department. (I) Recommendations as to the continuation of the practice of measuring functional impairment by using three repetitions of movement of each joint during the examination as a criteria for evaluating the effect of repetitive motion on functional impairment with supporting rationale. (b) Report and plan to prevent the ordering of unnecessary medical examinations (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code. (2) Contents The report required by paragraph (1) shall include the following: (A) Criteria used by the Secretary to determine if a claim is eligible for the Acceptable Clinical Evidence initiative. (B) The number of claims determined to be eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the initiation of the initiative and ending on the date of the enactment of this Act, disaggregated— (i) by fiscal year; and (ii) by claims determined eligible based in whole or in part on medical evidence provided by a private health care provider. (C) The total number of claims determined to be eligible for the Acceptable Clinical Evidence initiative that required an employee of the Department to supplement the evidence with information obtained during a telephone interview with a claimant or health care provider. (D) Information on any other initiatives or efforts, including disability benefits questionnaires, of the Department to further encourage the use of medical evidence provided by a private health care provider and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (E) A plan— (i) to measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim; and (ii) that includes the actions the Secretary will take to eliminate any request by the Department for a medical examination in the case of a claim for benefits under chapter 11 or 15 of such title in support of which a claimant submits medical evidence or a medical opinion provided by a private health care provider that is competent, credible, probative, and otherwise adequate for purposes of making a decision on that claim. D Board of Veterans' Appeals and Court of Appeals for Veterans Claims 631. Treatment of certain misfiled documents as a notice of appeal to the Court of Appeals for Veterans Claims Section 7266 is amended by adding at the end the following new subsection: (e) (1) If a person adversely affected by a final decision of the Board, who has not filed a notice of appeal with the United States Court of Appeals for Veterans Claims under subsection (a), misfiles a document with the Board or the agency of original jurisdiction referred to in section 7105(b)(1) of this title that expresses disagreement with such decision and a clear intent to seek review of such decision by the United States Court of Appeals for Veterans Claims, not later than 120 days after the date of such decision, such document shall be treated as timely filed under subsection (a). (2) The treatment of misfiled documents under paragraph (1) does not limit equitable relief that may be otherwise available to a person described in that paragraph. . 632. Determination of manner of appearance for hearings before Board of Veterans' Appeals (a) In general Section 7107 is amended— (1) in subsection (a)(1), by striking in subsection (f) in subsection (g) (2) by redesignating subsection (f) as subsection (g); and (3) by striking subsections (d) and (e) and inserting the following new subsections: (d) (1) Except as provided in paragraph (2), a hearing before the Board shall be conducted through picture and voice transmission, by electronic or other means, in such a manner that the appellant is not present in the same location as the members of the Board during the hearing. (2) (A) A hearing before the Board shall be conducted in person upon the request of an appellant. (B) In the absence of a request under subparagraph (A), a hearing before the Board may also be conducted in person as the Board considers appropriate. (e) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(1), the Secretary shall provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at an appropriate facility within the area served by a regional office to participate as so described. (2) Any hearing conducted as described in subsection (d)(1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. (f) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(2), the appellant may request that the hearing be held at the principal location of the Board or at a facility of the Department located within the area served by a regional office of the Department. (2) A hearing to be held within an area served by a regional office of the Department shall (except as provided in paragraph (3)) be scheduled to be held in accordance with the place of the case on the docket under subsection (a) relative to other cases on the docket for which hearings are scheduled to be held within that area. (3) A hearing to be held within an area served by a regional office of the Department may, for cause shown, be advanced on motion for an earlier hearing. Any such motion shall set forth succinctly the grounds upon which the motion is based. Such a motion may be granted only— (A) if the case involves interpretation of law of general application affecting other claims; (B) if the appellant is seriously ill or is under severe financial hardship; or (C) for other sufficient cause shown. . (b) Effective date The amendments made by subsection (a) shall apply with respect to cases received by the Board of Veterans' Appeals pursuant to notices of disagreement submitted on or after the date of the enactment of this Act. VII Outreach Matters 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations (a) Program required The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of using State and local government agencies and nonprofit organizations— (1) to increase awareness of veterans regarding benefits and services for veterans; and (2) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (b) Duration The Secretary shall carry out the program for a two-year period. (c) Grants (1) In general The Secretary shall carry out the program through the competitive award of grants to State and local government agencies and nonprofit organizations— (A) to increase the awareness of veterans regarding benefits and services for veterans; and (B) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (2) Application (A) In general A State or local government agency or nonprofit organization seeking a grant under the program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (B) Elements Each application submitted under subparagraph (A) shall include the following: (i) A description of the consultations, if any, with the Department of Veterans Affairs in the development of any proposal under the application. (ii) A description of the project for which the applicant is seeking a grant under the program, including a plan to coordinate under the program, to the greatest extent possible, the outreach activities of Federal, State, and local government agencies that provide health care, benefits, and services for veterans and nonprofit organizations that provide such care, benefits, and services to enhance the awareness and availability of such care, benefits, and services. (iii) An agreement to report to the Secretary standardized data and other performance measures necessary for the Secretary to evaluate the program and to facilitate evaluation of projects for which grants are awarded under the program. (iv) Such other information as the Secretary may require. (3) Considerations (A) In general In awarding grants under the program to carry out projects, the Secretary shall consider— (i) where the projects will be carried out and which populations are targeted; and (ii) the likelihood that each potential grantee will successfully carry out the grant proposal. (B) Considerations regarding location and target population In taking the matters specified in subparagraph (A)(ii) into consideration, the Secretary shall consider in particular the advisability of awarding grants for projects— (i) carried out in areas with populations that have a high proportion of veteran representation; (ii) carried out in a variety of geographic areas, including urban, rural, and highly rural areas; and (iii) that target a variety of veteran populations, including racial and ethnic minorities, low-income populations, and older populations. (4) Use of funds The Secretary shall establish appropriate uses of grant amounts received under the program. (5) Oversight of use of funds The Secretary shall establish appropriate mechanisms for oversight of the use of grant amounts received under the program, including the evidence grantees must submit to demonstrate use of grant amounts and procedures for the recovery of grant amounts that were improperly used. (6) Limitation In a fiscal year, not more than 20 percent of all grant amounts awarded in that fiscal year may be awarded to a single State entity. (d) State matching requirement The Secretary may not make a grant to a State under subsection (c) unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program or projects for which the grant was awarded, the State will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of Federal funds provided under the grant. (e) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section the following: (1) $2,500,000 for fiscal year 2015. (2) $2,500,000 for fiscal year 2016. (f) Annual report (1) In general Not later than 120 days after the completion of the first calendar year beginning after the date of the commencement of the program, and not less frequently than once every year thereafter for the duration of the program, the Secretary shall submit to Congress a report evaluating the program and the projects supported by grants awarded under the program. (2) Elements The report required by paragraph (1) shall include the following: (A) The findings and conclusions of the Secretary with respect to the program. (B) An assessment of the benefit to veterans of the program. (C) The performance measures used by the Secretary for purposes of the program and data showing the performance of grantees under the program under such measures. (D) The recommendations of the Secretary as to the feasibility and advisability of continuing or expanding or modifying the program. (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities (a) In general Chapter 63 is amended by inserting after section 6306 the following new section: 6306A. Cooperative agreements with States (a) In general The Secretary may enter into cooperative agreements and arrangements with various State agencies and State departments to carry out this chapter and to otherwise carry out, coordinate, improve, or enhance outreach activities of the Department and the States. (b) Report The Secretary shall include in each report submitted under section 6308 of this title a description of the agreements and arrangements entered into by the Secretary under subsection (a). . (b) Clerical amendment The table of sections at the beginning of chapter 63 is amended by inserting after the item relating to section 6306 the following new item: 6306A. Cooperative agreements with States. . 703. Advisory committee on outreach activities of Department of Veterans Affairs (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory committee on outreach activities of the Department of Veterans Affairs. (b) Membership The advisory committee shall be composed of individuals selected by the Secretary from among the following: (1) To the maximum extent practicable, individuals who are eminent in their respective fields of public relations. (2) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (3) To the maximum extent practicable, individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (4) To the maximum extent practicable, individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (5) To the maximum extent practicable, veterans who have experience in press and public relations. (c) Duties The advisory committee shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding all benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; and (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; (2) to assist the Secretary in conducting such other press or public relations activities relating to outreach activities of the Department as the Secretary and the Assistant Secretary for Public and Intergovernmental Affairs consider appropriate; and (3) to ensure coordination and collaboration on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include the following: (A) Compensation and pension benefits. (B) Insurance benefits. (C) Burial and memorial benefits. (D) Education benefits. (E) Vocational rehabilitation and employment benefits. (F) Readjustment counseling benefits. (G) Loan guarantee benefits. (H) Such other benefits as the Secretary considers appropriate. (d) Location of meetings Each meeting of the advisory committee shall take place at a location that is property of the Department and shall, to the maximum extent practicable, use teleconference technology. (e) Consultation The Secretary shall consult with and seek the advice of the advisory committee not less frequently than quarterly on matters relating to the duties of the advisory committee under subsection (c). (f) Reports (1) In general Not less frequently than once every 90 days for the first year and semiannually thereafter, the advisory committee shall submit to Congress and to the Secretary a report on outreach activities of the Department. (2) Recommendations Each report submitted under paragraph (1) shall include such recommendations for legislative and administrative action as the advisory committee considers appropriate to improve the press and public relations of the Department relating to outreach. (g) Termination The advisory committee shall terminate on October 1, 2015, and the requirements and authorities under this section shall terminate on such date. (h) Outreach defined In this section, the term outreach section 6301 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care (a) Establishment (1) In general For each entity described in paragraph (2), the Secretary of Veterans Affairs shall, acting through the director of that entity, establish not later than 180 days after the effective date specified in subsection (h) an advisory board at that entity on matters relating to outreach activities of the Department of Veterans Affairs at that entity. (2) Entity described An entity described in this paragraph is— (A) a healthcare system of the Department; or (B) a Veterans Integrated System Network, if such Veterans Integrated System Network does not contain a healthcare system. (b) Membership (1) In general Each advisory board established under subsection (a)(1) shall be, to the maximum extent practicable, composed of individuals selected by the Secretary from among the following: (A) Individuals who are eminent in their respective fields of public relations. (B) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (C) Individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (D) Individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (E) Employees of the Department who are involved in press and public relations strategy for an entity described in subsection (a)(2). (F) To the maximum extent practicable, veterans who have experience in press and public relations. (2) Voluntary participation The participation of an individual selected under paragraph (1) shall be at the election of the individual. (c) Duties Each advisory board established under subsection (a)(1) at an entity described in subsection (a)(2) shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; and (E) coordinating and collaborating on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include— (i) compensation and pension benefits; (ii) insurance benefits; (iii) burial and memorial benefits; (iv) education benefits; (v) vocational rehabilitation and employment benefits; (vi) readjustment counseling benefits; (vii) loan guarantee benefits; and (viii) such other benefits as the Secretary considers appropriate; and (2) to assist the director of that entity in conducting such other press or public relations activities relating to outreach activities of the Department as that advisory board considers appropriate. (d) Meeting location (1) In general If teleconference technology is not used, meetings of each advisory board established under subsection (a)(1) shall be held at a location that is property of the Department. (2) Teleconference technology Each advisory board shall use, to the maximum extent practicable, teleconference technology. (e) Consultation Each director of an entity described in subsection (a)(2) shall consult with and seek the advice of the advisory board established at such entity not less frequently than once every two months on matters relating to the duties of the advisory board under subsection (c). (f) Annual reports Not less frequently than each year, each advisory board established under subsection (a)(1) shall submit to the Secretary a report with such information as may be beneficial to the Secretary in preparing the reports required by section 6308 of title 38, United States Code. (g) Termination Each advisory board established under subsection (a)(1) and the authorities and requirements of this section shall terminate three years after the effective date specified in subsection (h). (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs (a) In general Section 6308 is amended— (1) in subsection (a), by striking even-numbered (2) in subsection (b)— (A) in paragraph (1), by striking biennial (B) in paragraph (2), by inserting for legislative and administrative action Recommendations (C) by adding at the end the following new paragraph: (3) Recommendations that such administrative actions as may be taken— (A) to maximize resources for outreach activities of the Department; and (B) to focus outreach efforts on activities that are proven to be more effective. . (b) Clerical amendments (1) Section heading The heading for section 6308 is amended by striking Biennial Annual (2) Table of sections The table of sections at the beginning of chapter 63 is amended by striking the item relating to section 6308 and inserting the following new item: 6308. Annual report to Congress. . 706. Budget transparency for outreach activities of Department of Veterans Affairs (a) In general Chapter 63 is amended by inserting after section 6308 the following new section: 6309. Budget transparency (a) Budget requirements In the budget justification materials submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested for such fiscal year for activities of the Office of Public and Intergovernmental Affairs as follows: (1) For outreach activities of the Department in aggregate. (2) For outreach activities of each element of the Department specified in subsection (b)(1). (b) Procedures for effective coordination and collaboration (1) Not later than 180 days after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 (A) Office of the Secretary. (B) Veterans Health Administration. (C) Veterans Benefits Administration. (D) National Cemetery Administration. (2) The Secretary shall— (A) beginning after the date on which the Secretary establishes procedures under paragraph (1), not less frequently than once every two years conduct a review of the procedures established and maintained under paragraph (1) to ensure that such procedures meet the requirements of such paragraph; (B) make such modifications to such procedures as the Secretary considers appropriate based upon reviews conducted under subparagraph (A) in order to better meet such requirements; and (C) not later than 45 days after completing a review under subparagraph (A), submit to Congress a report on the findings of such review. . (b) Clerical amendment The table of sections at the beginning of chapter 63 is amended by inserting after the item relating to section 6308 the following new item: 6309. Budget transparency. . VIII Enhancement of rights under Servicemembers Civil Relief Act 801. Modification of period determining which actions are covered under stay of proceedings and adjustment of obligation protections concerning mortgages and trust deeds of members of uniformed services (a) In general Section 303(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 533(b) filed pending (b) Conforming amendments Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 (1) by striking paragraph (1) and inserting the following new paragraph (1): (1) Sunset and revival (A) In general Subsections (b) and (c) of section 303 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 533 within one year within 90 days (B) Effective date The amendments made by subparagraph (A) shall take effect on January 1, 2015. ; and (2) by striking paragraph (3). 802. Protections for members of uniformed services regarding professional licenses (a) In general Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 701 et seq.) is amended by adding at the end the following new section: 707. Professional licenses (a) Expiration during period in which servicemembers are eligible for hostile fire or imminent danger special pay If a license issued by a State or local licensing authority to a servicemember would otherwise expire during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 (b) Continuing education requirements during period in which servicemembers are eligible for hostile fire or imminent danger special pay If a State or local licensing authority otherwise requires a servicemember to meet any continuing education requirements to maintain a license for a trade or profession during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 . (b) Clerical amendment The table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended by inserting after the item relating to section 706 the following new item: Sec. 707. Professional licenses and certifications. . 803. Prohibition on denial of credit because of eligibility for protection Section 108 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 518 (1) by striking Application by (a) Application or receipt Application by ; and (2) by adding at the end the following new subsection: (b) Eligibility (1) In general In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement. (2) Construction Nothing in this subsection shall be construed to prohibit a lender from considering all relevant factors, other than the entitlement of an individual to a right or protection provided under this Act, in making a determination as to whether it is appropriate to extend credit. . 804. Interest rate limitation on debt entered into during military service to consolidate or refinance student loans incurred before military service (a) In general Subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527 (1) in paragraph (1), by inserting on debt incurred before service Limitation to 6 percent (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (3) by inserting after paragraph (1) the following new paragraph (2): (2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service. ; (4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting or (2) paragraph (1) (5) in paragraph (4), as so redesignated, by striking paragraph (2) paragraph (3) (b) Implementation of limitation Subsection (b) of such section is amended— (1) in paragraph (1), by striking the interest rate limitation in subsection (a) an interest rate limitation in paragraph (1) or (2) of subsection (a) (2) in paragraph (2)— (A) in the paragraph heading, by striking as of date of order to active duty (B) by inserting before the period at the end the following: in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2) (c) Student loan defined Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Student loan The term student loan (A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) A private student loan as that term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). . 805. Termination of residential leases after assignment or relocation to quarters of United States or housing facility under jurisdiction of uniformed service (a) Termination of residential leases (1) In general Section 305 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 535 (A) in subsection (a)(1)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (C) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, the date the lessee is assigned to or otherwise relocates to quarters or a housing facility as described in such subparagraph. ; and (B) in subsection (b)(1)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (C) the lease is executed by or on behalf of a person who thereafter and during the term of the lease is assigned to or otherwise relocates to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 . (2) Manner of termination Subsection (c)(1) of such section is amended— (A) in subparagraph (A)— (i) by inserting in the case of a lease described in subsection (b)(1) and subparagraph (A) or (B) of such subsection, by delivery (ii) by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, by delivery by the lessee of written notice of such termination, and a letter from the servicemember's commanding officer indicating that the servicemember has been assigned to or is otherwise relocating to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 . (b) Definition of military orders and continental United States for purposes of Act (1) Transfer of definitions Such Act is further amended by transferring paragraphs (1) and (2) of section 305(i) ( 50 U.S.C. App. 535(i) 50 U.S.C. App. 511 (2) Conforming amendments Such Act is further amended— (A) in section 305 ( 50 U.S.C. App. 535 (B) in section 705 ( 50 U.S.C. App. 595 or naval 806. Protection of surviving spouse with respect to mortgage foreclosure (a) In general Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 303 ( 50 U.S.C. App. 533 303A. Protection of surviving spouse with respect to mortgage foreclosure (a) In general Subject to subsection (b), with respect to a servicemember who dies while in military service and who has a surviving spouse who is the servicemember's successor in interest to property covered under section 303(a), section 303 shall apply to the surviving spouse with respect to that property during the one-year period beginning on the date of such death in the same manner as if the servicemember had not died. (b) Notice required (1) In general To be covered under this section with respect to property, a surviving spouse shall submit written notice that such surviving spouse is so covered to the mortgagee, trustee, or other creditor of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured. (2) Time Notice provided under paragraph (1) shall be provided with respect to a surviving spouse anytime during the one-year period beginning on the date of death of the servicemember with respect to whom the surviving spouse is to receive coverage under this section. (3) Address Notice provided under paragraph (1) with respect to property shall be provided via e-mail, facsimile, standard post, or express mail to facsimile numbers and addresses, as the case may be, designated by the servicer of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured. (4) Manner Notice provided under paragraph (1) shall be provided in writing by using a form designed under paragraph (5) or submitting a copy of a Department of Defense or Department of Veterans Affairs document evidencing the military service-related death of a spouse while in military service. (5) Official forms The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1). . (b) Effective date Section 303A of such Act, as added by subsection (a), shall apply with respect to deaths that occur on or after the date of the enactment of this Act. (c) Clerical amendment The table of contents in section 1(b) of such Act ( 50 U.S.C. App. 501 Sec. 303A. Protection of surviving spouse with respect to mortgage foreclosure. . 807. Improved protection of members of uniformed services against default judgments (a) Modification of plaintiff affidavit filing requirement Paragraph (1) of section 201(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 521(b) (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting such clauses two ems to the right; (2) in the matter before clause (i), as redesignated by paragraph (1), by striking In any (A) In general In any ; and (3) by adding at the end the following new subparagraph (B): (B) Due diligence Before filing the affidavit, the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant’s military status and shall have attached copies of the records on which the plaintiff relied in drafting the affidavit. . (b) Appointment of attorney to represent defendant in military service Paragraph (2) of such section ( 50 U.S.C. App. 521(b) (1) by striking If in an action (A) In general If in an action ; (2) in subparagraph (A), as designated by paragraph (1), by striking If an attorney (C) Limitations on appointed attorney If an attorney ; (3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph: (B) Due diligence If the court appoints an attorney to represent the defendant— (i) the attorney shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the attorney; and (ii) the plaintiff shall submit to the attorney such information as the plaintiff may have concerning the whereabouts or identity of the defendant. ; and (4) by adding at the end the following new subparagraph: (D) Treatment of attorneys fees The reasonable fees of an attorney appointed to represent a servicemember shall be treated as costs of court for court cost purposes, unless the creditor seeks relief from such charges from the court. . 808. Clarification regarding application of enforcement authority of Attorney General and private right of action under Servicemembers Civil Relief Act Sections 801 and 802 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597 and 597a) shall apply as if such sections were included in the enactment of the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, chapter 888) and included in the restatement of such Act in Public Law 108–189 809. Clerical amendments (a) In general The heading for section 305 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 535 residential or motor vehicle leases leases of premises occupied and motor vehicles used (b) Table of contents The table of contents in section 1(b) of such Act ( 50 U.S.C. App. 501(b) Sec. 305. Termination of leases of premises occupied and motor vehicles used. . IX Other Matters 901. Repeal of reductions made by Bipartisan Budget Act of 2013 Section 403 of the Bipartisan Budget Act of 2013 is repealed as of the date of the enactment of such Act. 902. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension (a) Veterans Section 1522 is amended— (1) in subsection (a)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of pension under section 1513 or 1521 of this title or the spouse of such veteran disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such veteran under section 1513 or 1521 of this title, as the case may be, for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers that under all the circumstances, if the veteran or spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the veteran's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the veteran's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for pension under section 1513 or 1521 of this title or, if later, the date on which the veteran (or the spouse of the veteran) disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of covered resources so disposed of by the veteran (or the spouse of the veteran) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the veteran's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a veteran under section 1513 or 1521 of this title, including the maximum amount of increased pension payable under such sections on account of family members, but not including any amount of pension payable under such sections because a veteran is in need of regular aid and attendance or is permanently housebound, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, the spouse of the veteran, or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the veteran, the spouse of the veteran, or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child or, if later, the date on which the veteran, the spouse of the veteran, or the child disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the veteran, the spouse of the veteran, or the child on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a veteran under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1513 or 1521 of this title or payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child by reason of the application of subsection (a)(2) or (b)(2) of this section to the disposal of resources by an individual— (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2) or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2) or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a veteran applies for pension under section 1513 or 1521 of this title or increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall— (A) inform such veteran of the provisions of subsections (a)(2) and (b)(2) providing for a period of ineligibility for payment of pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such veteran information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such veteran a timely process for determining whether or not the exception for hardship shall apply to such veteran. . (b) Surviving spouses and children Section 1543 is amended— (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) (A) If a surviving spouse otherwise eligible for payment of pension under section 1541 of this title disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such surviving spouse under section 1541 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the surviving spouse that the Secretary considers that under all the circumstances, if the surviving spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the surviving spouse's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the surviving spouse that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the surviving spouse's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for pension under section 1541 of this title or, if later, the date on which the surviving spouse disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the surviving spouse's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a surviving spouse under section 1541 of this title, including the maximum amount of increased pension payable under such section on account of a child, but not including any amount of pension payable under such section because a surviving spouse is in need of regular aid and attendance or is permanently housebound, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (C) by adding at the end the following new paragraph: (4) (A) If a surviving spouse otherwise eligible for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the surviving spouse or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or, if later, the date on which the surviving spouse (or the child) disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse (or the child) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a surviving spouse under subsection (c), (d), or (e) of section 1541 of this title on account of a child, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a child otherwise eligible for payment of pension under section 1542 of this title or any person with whom such child is residing who is legally responsible for such child's support disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such child under section 1542 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child or the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support that the Secretary considers that under all the circumstances, if the child or person had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate described in clause (i) that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the child applies for pension under section 1542 of this title or, if later, the date on which the child (or person described in subparagraph (B)) disposes of covered resources for less than fair market value. (D) The date described in this clause is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the child (or person described in subparagraph (B)) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a child under section 1542 of this title, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1541 or 1542 of this title or payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child by reason of the application of subsection (a)(2), (a)(4), or (b)(2) of this section to the disposal of resources by an individual— (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2), (a)(4), or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a surviving spouse or child applies for pension under section 1541 or 1542 of this title or increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall— (A) inform such surviving spouse or child of the provisions of subsections (a)(2), (a)(4), and (b)(2), as applicable, providing for a period of ineligibility for payment of pension or increased pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such surviving spouse or child information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such surviving spouse or child a timely process for determining whether or not the exception for hardship shall apply to such surviving spouse or child. . (c) Effective date Subsections (a)(2), (b)(2), and (c) of section 1522 (d) Annual reports (1) In general Not later than 30 months after the date of the enactment of this Act and not less frequently than once each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the administration of subsections (a)(2), (b)(2), and (c) of section 1522 of title 38, United States Code, as added by subsection (a), and subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such title, as added by subsection (b), during the most recent 12-month period. (2) Elements Each report submitted under paragraph (1) shall include the following, for the period covered by the report: (A) The number of individuals who applied for pension under chapter 15 of such title. (B) The number of individuals who received pension under such chapter. (C) The number of individuals with respect to whom the Secretary denied or discontinued payment of pension under the subsections referred to in paragraph (1). (D) A description of any trends identified by the Secretary regarding pension payments that have occurred as a result of the amendments made by this section. (E) Such other information as the Secretary considers appropriate. (3) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Select Committee on Aging of the Senate; and (B) the Committee on Veterans' Affairs of the House of Representatives. 903. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities (a) In general Subsection (d)(7) of section 5503 is amended by striking November 30, 2016 September 30, 2023 (b) Clerical amendments (1) Section heading The section heading of such section is amended to read as follows: Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care (2) Table of sections The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 5503 and inserting the following new item: 5503. Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care. . 904. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans (a) Condition (1) In general Section 2012(c)(1) is amended by striking unless the facilities may specify. (A) That the building where the grant recipient or eligible entity provides housing or services for which the grant recipient or eligible entity would receive such payment is in compliance with the codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify. (B) That such building and such housing or services are in compliance with licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the building is located regarding the condition of the building and the provision of such housing or services. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 (b) Annual inspections required Section 2012 (b) (1) Not less frequently than once each fiscal year, the Secretary shall inspect each facility of each grant recipient or entity eligible for payments under subsection (a) at which the recipients and entities provide services under section 2011 of this title or this section. (2) Except as provided in paragraph (1), inspections made under such paragraph shall be made at such times as the Secretary considers necessary. (3) An inspection of a facility of a recipient or entity described in paragraph (1) made under such paragraph may be made with or without prior notice to the recipient or entity, as the Secretary considers appropriate. (4) No per diem payment may be provided to a grant recipient or eligible entity under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe. . (c) Revocation of certification authorized Subsection (c) of such section is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (1), as amended by subsection (a)(1), by striking in paragraph (2) in paragraph (4) (3) by inserting after paragraph (1) the following new paragraph (2): (2) The Secretary may revoke any certification made under paragraph (1) if the Secretary determines that such certification is no longer accurate. . (d) Congressional notification of termination of per diem required Such subsection is further amended by inserting after paragraph (2) the following new paragraph (3): (3) Not later than 30 days after the date on which the Secretary terminates provision of per diem payment under this section to a grant recipient or an eligible entity, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such termination if such termination were made because a facility of the grant recipient or eligible entity did not comply with— (A) an applicable provision of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirement as the Secretary has specified; or (B) a licensing requirement, fire or safety requirement, or another requirement in the jurisdiction in which the facility is located regarding the condition of the facility. . (e) Treatment of current recipients of per diem payments (1) Assessment In the case of the recipient of a per diem payment under section 2012 (2) Failure to comply In the case described in paragraph (1), if the Secretary does not certify the compliance of the building and the housing or services under such section before the date that is two years after the date of the enactment of this Act, the Secretary may not make any additional per diem payments to the recipient for the provision of such housing or services under section 2012 of such title until the Secretary certifies that such building is and such housing or services are in compliance. (f) Conforming condition on award of grants by Secretary of Veterans Affairs for comprehensive service programs Section 2011(b)(5)(A) is amended by inserting , including housing and building codes, 905. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans (a) Exception to certain recapture requirements Section 8136(b) is amended by inserting , or the provision of services or conduct of a program pursuant to a contract or grant issued or awarded by the Secretary under subchapter II of chapter 20 or section 2031(a)(2) of this title, outpatient clinic (b) Construction The amendment made by subsection (a) may not be construed to authorize the Secretary of Veterans Affairs to enter into a contract with a State home or award a grant to a State home for the furnishing of residential care for a veteran without— (1) identifying a substantial need for such care; and (2) determining that the State home is the most appropriate provider of such care. 906. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders Section 1156(a)(3) is amended by striking six months 18 months 907. Authority to issue Veterans ID Cards (a) Authority (1) In general The Secretary of Veterans Affairs may issue a card to a veteran that identifies the veteran as a veteran and includes a photo of the veteran and the name of the veteran. (2) No requirement for enrollment or receipt of benefits The Secretary may issue a card under paragraph (1) to a veteran, whether or not such veteran is— (A) enrolled in the system of annual patient enrollment established under section 1705(a) (B) in receipt of educational assistance, compensation, or pension under laws administered by the Secretary. (3) Designation A card issued under paragraph (1) may be known as a Veterans ID Card (b) Recognition of Veterans ID Cards for reduced pricing of pharmaceuticals, consumer products, and services The Secretary may work with national retail chains that offer reduced prices on pharmaceuticals, consumer products, and services to veterans to ensure that such retail chains recognize cards issued under subsection (a)(1) for purposes of offering reduced prices on pharmaceuticals, consumer products, and services. (c) Veteran defined In this section, the term veteran section 101 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 908. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces Any person who is entitled under chapter 1223 909. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification purposes Section 5317(g) is amended by striking September 30, 2016 September 30, 2018 910. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans Section 3729(b)(2) is amended— (1) in subparagraph (A)— (A) in clause (iii), by striking October 1, 2017 September 30, 2023 (B) in clause (iv), by striking October 1, 2017 September 30, 2023 (2) in subparagraph (B)— (A) in clause (i), by striking October 1, 2017 September 30, 2023 (B) in clause (ii), by striking October 1, 2017 September 30, 2023 (3) in subparagraph (C)— (A) in clause (i), by striking October 1, 2017 September 30, 2023 (B) in clause (ii), by striking October 1, 2017 September 30, 2023 (4) in subparagraph (D)— (A) in clause (i), by striking October 1, 2017 September 30, 2023 (B) in clause (ii), by striking October 1, 2017 September 30, 2023 911. Review of determination of certain service in Philippines during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether a covered individual served in support of the Armed Forces of the United States during World War II in accordance with section 1002(d) of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 38 U.S.C. 107 (b) Covered individuals In this section, a covered individual is any individual who timely submitted a claim for benefits under subsection (c) of section 1002 of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 (c) Report Not later than 90 days after the date of the enactment of this Act, 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 detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). (d) Prohibition on benefits for disqualifying conduct under new process pursuant to review If pursuant to the review conducted under subsection (a) the Secretary of Veterans Affairs determines to establish a new process for the making of payments as described in that subsection, the process shall include mechanisms to ensure that individuals are not treated as covered individuals for purposes of such payments if such individuals engaged in any disqualifying conduct during service described in that subsection, including collaboration with the enemy or criminal conduct. 912. Review of determination of certain service of merchant mariners during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, the Secretary of Homeland Security and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 ( Public Law 95–202 (b) Report Not later than 90 days after the date of the enactment of this Act, 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 detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). 913. Report on Laotian military support of Armed Forces of the United States during Vietnam War (a) In general Not later than one year after the effective date specified in subsection (c), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such agencies and individuals as the Secretary of Veterans Affairs considers appropriate, shall submit to the appropriate committees of Congress a report on— (1) the extent to which Laotian military forces provided combat support to the Armed Forces of the United States between February 28, 1961, and May 15, 1975; (2) whether the current classification by the Civilian/Military Service Review Board of the Department of Defense of service by individuals of Hmong ethnicity is appropriate; and (3) any recommendations for legislative action. (b) Appropriate committees of Congress In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 914. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss (a) In general Not later than two years after the date of the enactment of this Act, 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 actions taken by the Secretary to implement the findings and recommendations included in the 2006 report by the Institute of Medicine of the National Academies entitled Noise and Military Service: Implications for Hearing Loss and Tinnitus (b) Effect of Duty Military Occupational Specialty Noise Exposure Listing on receipt of benefits by veterans (1) In general The Secretary shall include in the report required by subsection (a) an evaluation of the extent to which veterans who had a military occupational specialty during service as a member of the Armed Forces that is not included on the Duty Military Occupational Specialty Noise Exposure Listing (in this subsection referred to as the MOS List (2) Data The Secretary shall include in the evaluation required by paragraph (1) the following: (A) With respect to veterans who had a military occupational specialty included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department of Veterans Affairs that were granted; and (ii) the number of claims for benefits related to hearing loss from the Department that were denied. (B) With respect to veterans who had a military occupational specialty not included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department that were granted; (ii) the number of claims for benefits related to hearing loss from the Department that were denied; (iii) of the number of denied claims under clause (ii), the number of those claims that were appealed; and (iv) of the number of appealed claims under clause (iii), the number of those appealed claims that were successfully appealed. (c) Additional matters The Secretary shall include in the report required by subsection (a) the following: (1) In the case of a veteran with unilateral hearing loss, an explanation of the scientific basis for the practice of the Department of determining a disability rating level with respect to hearing based on an examination of that veteran's healthy ear instead of the injured ear. (2) An analysis of the reduction in earning capacity for veterans as a result of unilateral hearing loss, with a focus on the ability of those veterans— (A) to detect the direction of sound; and (B) to understand speech. (3) An explanation of the rationale for the practice of the Department of not issuing a compensable rating for hearing loss at certain levels that are severe enough to require the use of hearing aids. (4) A survey of the audiologists that conduct compensation and pension examinations for the Department to assess the implementation of the most recent edition of the best practices manual for hearing loss and tinnitus examinations that includes the following: (A) A description of the training received by those audiologists compared to the methods described in the most recent edition of the best practices manual for hearing loss and tinnitus examinations. (B) An assessment of how those audiologists have complied with that training. (C) Whether those audiologists are using a range of tones up to 8000 hertz to test the hearing of veterans. (d) Construction Nothing in this section shall be construed to authorize or require the Secretary to defer, delay, or replace the ongoing efforts of the Secretary to update the schedule of ratings required by section 1155 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 915. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, submit to Congress a report that identifies the following: (1) Goals for the Department of Veterans Affairs and the Department of Defense for the prevention, early detection, and treatment of hearing loss by the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (2) Resources of the Department of Veterans Affairs that could be made available to assist the Department of Defense in conducting audiometric tests and tinnitus screenings for members of the Armed Forces. (3) Barriers to information being added to the Hearing Loss and Auditory System Injury Registry required under section 721(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (4) Recommendations for any legislative or administrative actions necessary with respect to the Hearing Loss and Auditory System Injury Registry— (A) to assist in achieving the goals specified in paragraph (1); (B) to improve the adjudication of claims for benefits with respect to hearing loss; and (C) to further the research objectives of the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 916. Limitation on aggregate amount of bonuses payable to personnel of the Department of Veterans Affairs during fiscal year 2014 The aggregate amount of bonuses and awards payable to personnel of the Department of Veterans Affairs under chapter 45 or 53 of title 5, United States Code, or any other provision of such title, during fiscal year 2014 may not exceed $368,000,000. 917. Amendment to OCO adjustments Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Eliminating a breach (A) In general Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category. (B) Overseas contingencies Any amount of budget authority designated as for Overseas Contingency Operations/Global War on Terrorism for any of fiscal years 2018 through 2021 in excess of the levels set in subsection (b)(2)(E) shall be counted in determining whether a breach has occurred in the revised security category during the fiscal year. ; and (2) in subsection (b)(2)— (A) in subparagraph (A)(ii), by inserting for fiscal years 2012 through 2017, the Congress (B) by adding at the end the following: (E) Overseas contingency operations/global war on terrorism If, for fiscal years 2018 through 2021, appropriations for discretionary accounts are enacted that Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates, the adjustment for the fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for Overseas Contingency Operations/Global War on Terrorism, but not to exceed— (i) for fiscal year 2018, $94,010,000,000 in additional new budget authority; (ii) for fiscal year 2019, $96,077,000,000 in additional new budget authority; (iii) for fiscal year 2020, $98,253,000,000 in additional new budget authority; and (iv) for fiscal year 2021, $100,437,000,000 in additional new budget authority. .

Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014

Fernley Economic Self-Determination Act - Directs the Secretary of the Interior, if the Secretary receives an offer from the city of Fernley, Nevada, to purchase identified federal land within the city, through the Bureau of Land Management (BLM) and the Bureau of Reclamation, to convey to the city all interest of the United States in such land in exchange for consideration in an amount equal to the fair market value of the land. Permits the city and the Bureau of Reclamation to retain easements or rights-of-way on the federal land to be conveyed, including easements or rights-of-way that are necessary to carry out the operation and maintenance of the Truckee Canal or the Newlands Project. Requires the city to pay or reimburse the Secretary, as appropriate, for reasonable transaction and administrative personnel costs associated with such conveyance. Releases the United States from all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product), solid waste, mine materials, or mining related features existing on the federal land. Withdraws the federal land from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.

To direct the Secretary of the Interior, acting through the Bureau of Land Management and the Bureau of Reclamation, to convey, by quitclaim deed, to the City of Fernley, Nevada, all right, title, and interest of the United States, to any Federal land within that city that is under the jurisdiction of either of those agencies. 1. Short title This Act may be cited as the Fernley Economic Self-Determination Act 2. Definitions In this Act: (1) City The term City (2) Federal land The term Federal land (3) Map The term map Proposed Fernley, Nevada, Land Sales 3. Conveyance of certain Federal land to City of Fernley, Nevada (a) Conveyance authorized Subject to valid existing rights and not later than 180 days after the date on which the Secretary of the Interior receives an offer from the City to purchase the Federal land depicted on the map, the Secretary, acting through the Bureau of Land Management and the Bureau of Reclamation, shall convey, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (b) Appraisal To determine fair market value The Secretary shall determine the fair market value of the Federal land to be conveyed— (1) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (c) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reservation of easements and rights-of-Way The City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to be conveyed, including easements or rights-of-way the Bureau of Reclamation determines are necessary to carry out— (1) the operation and maintenance of the Truckee Canal; or (2) the Newlands Project. (e) Costs The City shall, at closing for the conveyance authorized under subsection (a), pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of appraisal, title searches, maps, and boundary and cadastral surveys. (f) Conveyance not a major federal action A conveyance or a combination of conveyances made under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) 4. Release of United States Upon making the conveyance under section 3, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance. 5. Withdrawal Subject to valid existing rights, the Federal land to be conveyed under section 3 of this Act shall be withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.

Fernley Economic Self-Determination Act

Credit Card Theft Sentencing Act of 2014 - Amends the Computer Fraud and Abuse Act to set penalties of a fine, imprisonment for at least 25 years or for life, or both for intentionally accessing a computer without authorization or exceeding authorized access and thereby obtaining information of 1 million or more credit card holders contained in a financial record of a financial institution or a card issuer, contained in a file of a consumer reporting agency on a consumer, from any federal agency, or from any protected computer.

To enhance penalties for computer crimes, and for other purposes. 1. Short title This Act may be cited as the Credit Card Theft Sentencing Act of 2014 2. Enhanced penalty Section 1030 (1) in subsection (a)(2)(A), by striking in section 1602(n) in section 103(o) of the Consumer Credit Protection Act ( 15 U.S.C. 1602(o) (2) in subsection (c)(2)— (A) in subparagraph (B)(iii), by striking and (B) in subparagraph (C), by inserting and (C) by adding at the end the following: (D) a fine under this title, imprisonment for any term of years not less than 25 or for life, or both, in the case of an offense under subsection (a)(2) in which information of 1,000,000 or more cardholders (as defined in section 103(n) of the Consumer Credit Protection Act ( 15 U.S.C. 1602(n) .

Credit Card Theft Sentencing Act of 2014

Veterans Health Care Access Received Closer to Home Act of 2014 - Expresses the sense of Congress in support of veteran-centric health care coordination between the Department of Veterans Affairs (VA) and community providers, as well as cost-effective VA purchase of veterans' care from the private sector. Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to reauthorize a VA pilot program of contract care authority within specified Veterans Integrated Service Networks for the health care needs of veterans in highly rural areas. Requires: (1) that medical appointments for veterans, under the pilot program, occur during the 30-day period beginning on the date that is 15 days after the appointment is requested, and (2) the Secretary of Veterans Affairs to ensure that eligible veterans are informed of the program.

To reauthorize and modify the pilot program of the Department of Veterans Affairs under which the Secretary of Veterans Affairs provides health services to veterans through qualifying non-Department of Veterans Affairs health care providers, and for other purposes. 1. Short title This Act may be cited as the Veterans Health Care Access Received Closer to Home Act of 2014 2. Sense of Congress It is the sense of Congress that— (1) veterans who are authorized by the Secretary of Veterans Affairs to receive health care in the community must not lose the high quality, safety, care coordination, and other veteran-centric elements that the health care system of the Department of Veterans Affairs provides; (2) many veterans receive health care from both the Department and community providers but the lack of care coordination among the Department and community providers when veterans receive purchased care places veterans at risk for poor health outcomes and results in inefficient use of finite health care resources; (3) veteran-centric care coordination is associated with improved patient outcomes, as Department and non-Department health care teams coordinate and collaborate to provide the best care for veterans; and (4) if the Secretary purchases care for veterans from the private sector, such care must be secured in a cost-effective manner, in a way that complements the larger health care system of the Department by using industry standards for care and costs. 3. Reauthorization and modification of pilot program of enhanced contract care authority for health care needs of veterans Section 403 of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 (1) in subsection (a)— (A) in paragraph (2), by striking 120 days after the date of the enactment of this Act 90 days after the date of the enactment of the Veterans Health Care Access Received Closer to Home Act of 2014 (B) by amending paragraph (4) to read as follows: (4) Program locations The Secretary shall carry out the pilot program at locations in the following Veterans Integrated Service Networks (and such other locations as the Secretary considers appropriate): (A) Veterans Integrated Service Network 1. (B) Veterans Integrated Service Network 6. (C) Veterans Integrated Service Network 15. (D) Veterans Integrated Service Network 19. ; (2) by amending subsection (b) to read as follows: (b) Covered veterans For purposes of the pilot program under this section, a covered veteran is any veteran who is eligible for health care under the laws administered by the Secretary. ; (3) by redesignating subsection (h) as subsection (j); (4) by inserting after subsection (g) the following new subsections: (h) Appointments In carrying out the pilot program under this section, the Secretary shall ensure that medical appointments for veterans occur during the 30-day period beginning on the date that is 15 days after the date on which the appointment is requested. (i) Outreach The Secretary shall ensure that a veteran eligible for the pilot program under this section is informed of such program. ; and (5) in paragraph (2) of subsection (j), as redesignated by paragraph (3)— (A) in subparagraph (A), by striking the semicolon at the end and inserting ; and (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B).

Veterans Health Care Access Received Closer to Home Act of 2014