Datasets:

cheaptrix

/

billsum-US_congress_and_house

like 0

National Defense Authorization Act for Fiscal Year 2015 - Authorizes FY2015 appropriations for military activities of the Department of Defense (DOD) and for military construction. Authorizes military personnel strengths for FY2015. Authorizes FY2015 appropriations to DOD for: procurement, including aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, the Joint Improvised Explosive Device Defeat Fund, and other procurement; research, development, test, and evaluation; operation and maintenance; military personnel; working capital funds; the Joint Urgent Operational Needs Fund; chemical agents and munitions destruction; drug interdiction and counter-drug activities; the Office of the Inspector General; and    the Defense Health Program. Sets forth provisions or requirements concerning: end strengths for active and reserve forces; military personnel policy, including education and training, sexual assault prevention and response, and military justice and legal matters; military pay and allowances; military health care; acquisition policy and management; DOD organization and management; financial matters; counter-drug and counterterrorism activities; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; and military construction and military family housing. Military Construction Authorization Act for Fiscal Year 2015 - Authorizes appropriations for FY2015 for military construction for the Armed Forces and defense agencies, including the North Atlantic Treaty Organization (NATO) Security Investment Program and base realignment and closure (BRAC) activities.  

To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes. 1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2015 2. Organization of act into divisions; table of contents (a) Divisions This Act is organized into two divisions as follows: (1) Division a Department of Defense Authorizations. (2) Division b Military Construction Authorizations. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of act into divisions; table of contents. DIVISION A—Department of Defense Authorizations TITLE I—Procurement Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Joint Improvised Explosive Device Defeat Fund. Sec. 106. Defense production act purchases. TITLE II—Research, development, test, and evaluation Subtitle A—Authorization of appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program requirements, restrictions, and limitations Sec. 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program. Sec. 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems. TITLE III—Operation and maintenance Subtitle A—Authorization of appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Program Matters Sec. 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 312. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors. Sec. 313. Repeal of annual report on Department of Defense operation and financial support for military museums. Sec. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard. Sec. 315. Southern Sea Otter Military Readiness Areas. Sec. 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Subtitle B—Reserve forces Sec. 411. End strengths for selected reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2015 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Management of military technicians. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy generally Sec. 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers. Sec. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties. Sec. 503. Authority for three-month deferral of retirement for officers selected for selective early retirement. Subtitle B—Reserve Component Management Sec. 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces. Sec. 512. Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status). Sec. 513. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees. Subtitle C—Member education and training Sec. 521. Inter-European Air Forces Academy. Sec. 522. Authority for Joint Special Operations University to award degrees. Sec. 523. Duration of foreign and cultural exchange activities at military service academies. Sec. 524. Enhancement of authority to accept support for Air Force Academy athletic programs. Subtitle D—Defense dependents’ education and military family readiness matters Sec. 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse. Sec. 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System. Sec. 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools. Subtitle E—Other matters Sec. 541. Procedures for judicial review of military personnel decisions relating to correction of military records. Sec. 542. Enhanced role for Department of Justice under Military Lending Act. Sec. 543. Enforcement of rights under chapter 43 Sec. 544. Modification of criteria for eligibility for naturalization through service in the armed forces. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Fiscal year 2015 increase in military basic pay. Sec. 602. Inclusion of Chief of the National Guard Bureau and senior enlisted advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances. Sec. 603. Revision to method of computation of basic allowance for housing. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Travel and Transportation Allowances Sec. 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel. Sec. 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services. TITLE VII—HEALTHCARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Consolidated TRICARE health plan. Sec. 702. Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program. Subtitle B—Health Care Administration Sec. 711. Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home. Sec. 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 713. Parity in provision of inpatient mental health services with other inpatient medical services. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Three-year extension of authority for Joint Urgent Operational Needs Fund. Sec. 802. Five-year extension of Defense Production Act of 1950. Sec. 803. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration. Sec. 804. Permanent authority for use of simplified acquisition procedures for certain commercial items. Subtitle B—Amendments to general contract authorities, procedures, and limitations Sec. 811. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records. Sec. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy. Sec. 813. Recharacterization of changes to major automated information system programs. Sec. 814. Extension of special emergency procurement authority. Sec. 815. Extension of contract authority for advanced component development or prototype units. Sec. 816. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain task or delivery order contracts. Sec. 817. Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities. Sec. 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation. Sec. 819. Modification of limitations on procurement of photovoltaic devices by the Department of Defense. TITLE IX—Department of Defense organization and management Sec. 901. Implementation of the December 2013 Secretary of Defense plan for reorganization of the Office of the Secretary of Defense and implementation of the elimination of Deputy Under Secretary of Defense positions. Sec. 902. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad. Sec. 904. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies. Sec. 905. One-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 906. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad. Sec. 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining. TITLE X—General provisions Subtitle A—Financial matters Sec. 1001. Authority for use of amounts recovered for damage to Government property. Subtitle B—Counter-Drug activities Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia. Subtitle C—Naval vessels and shipyards Sec. 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning. Sec. 1022. Ensuring operational readiness of littoral combat ships on extended deployments. Sec. 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy. Subtitle D—Sexual assault prevention and response related reforms Sec. 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system. Sec. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings. Subtitle E—Other matters Sec. 1041. Technical and clerical amendments. Sec. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations. Sec. 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools. Sec. 1044. Revision to statute of limitations for aviation insurance claims. Sec. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense. Sec. 1046. Authority to accept certain voluntary services. Sec. 1047. Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration. Sec. 1048. Repeal and modification of reporting requirements. TITLE XI—Civilian personnel matters Sec. 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense. Sec. 1102. Authority to provide additional compensation for defense clandestine service employees. Sec. 1103. Pilot program for the temporary exchange of financial management personnel. TITLE XII—Matters relating to foreign nations Sec. 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility. Sec. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. Sec. 1203. Revisions to Global Security Contingency Fund authority. Sec. 1204. Increase in annual limitation on transfer of excess defense articles. Sec. 1205. One-year extension of Afghan Special Immigrant Visa Program. Sec. 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense. TITLE XIII—Other authorizations Subtitle A—Military programs Sec. 1301. Working Capital Funds. Sec. 1302. Joint Urgent Operational Needs Fund. Sec. 1303. Chemical Agents and Munitions Destruction, Defense. Sec. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1305. Defense Inspector General. Sec. 1306. Defense Health Program. Subtitle B—Other matters Sec. 1311. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1312. Authorization of appropriations for Armed Forces Retirement Home. TITLE XIV—Uniformed and Overseas Citizens Absentee Voting Act amendments Sec. 1401. Pre-election reporting requirements on availability and transmission of absentee ballots. Sec. 1402. Transmission requirements; repeal of waiver provision. Sec. 1403. Clarification of State responsibility, civil penalties, and private right of action. Sec. 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot. Sec. 1405. Treatment of ballot requests. Sec. 1406. Inclusion of Northern Mariana Islands in the definition of State Sec. 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests. Sec. 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections. Sec. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program. TITLE XV—Authorization of additional appropriations for overseas contingency operations [RESERVED] TITLE XVI—Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program Sec. 1601. Short title; table of contents. Subtitle A—Program authorities Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program. Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities. Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1614. Use of funds for other purposes or for increased amounts. Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program. Subtitle B—Restrictions and limitations Sec. 1621. Prohibition on use of funds for specified purposes. Sec. 1622. Requirement for on-site managers. Sec. 1623. Limitation on use of funds until certain permits obtained. Subtitle C—Recurring certifications and reports Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities. Sec. 1632. Requirement to submit summary of amounts requested by project category. Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. Subtitle D—Repeals and transition provision Sec. 1641. Repeals. Sec. 1642. Transition provision. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project. Sec. 2105. Modification of authority to carry out certain fiscal year 2013 projects. Sec. 2106. Extension of authorizations of certain fiscal year 2011 project. Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2012 projects. Sec. 2206. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Authorization of appropriations, Air Force. Sec. 2303. Modification of authority to carry out certain fiscal year 2008 project. Sec. 2304. Extension of authorizations of certain fiscal year 2011 project. Sec. 2305. Extension of authorizations of certain fiscal year 2012 project. TITLE XXIV—Defense agencies military construction Subtitle A—Defense agency authorizations Sec. 2401. Authorized defense agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Extension of authorizations of certain fiscal year 2011 project. Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects. Sec. 2406. Extension of authorizations of certain fiscal year 2012 projects. Subtitle B—Chemical demilitarization authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project. TITLE XXV—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. TITLE XXVI—Guard and reserve forces facilities Subtitle A—Project authorizations and authorization of appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other matters Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects. Sec. 2612. Modification of authority to carry out certain fiscal year 2013 project. Sec. 2613. Extension of authorization of certain fiscal year 2011 project. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. TITLE XXVIII—Military construction general provisions Sec. 2801. Revisions to minor military construction authorities. Sec. 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities. Sec. 2803. Change in authorities relating to scope of work variations for military construction projects. Sec. 2804. Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities. Sec. 2805. Clarification of authority to enter into energy saving performance contracts. Sec. 2806. Production and use of natural gas at Fort Knox, Kentucky. Sec. 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions. TITLE XXIX—Defense base closure and realignment Sec. 2901. Short title and purpose. Sec. 2902. The Commission. Sec. 2903. Procedure for making recommendations for base closures and realignments. Sec. 2904. Closure and realignment of military installations. Sec. 2905. Implementation. Sec. 2906. Department of Defense Base Closure Account 2014. Sec. 2907. Reports. Sec. 2908. Congressional consideration of commission report. Sec. 2909. Restriction on other base closure authority. Sec. 2910. Definitions. Sec. 2911. Treatment as a base closure law for purposes of other provisions of law. Sec. 2912. Conforming amendments. A Department of Defense Authorizations I Procurement 101. Army Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army as follows: (1) For aircraft, $5,102,685,000. (2) For missiles, $1,017,483,000. (3) For weapons and tracked combat vehicles, $1,471,438,000. (4) For ammunition, $1,031,477,000. (5) For other procurement, $4,893,634,000. 102. Navy and Marine Corps Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Navy and Marine Corps as follows: (1) For aircraft, $13,074,317,000. (2) For weapons, including missiles and torpedoes, $3,217,945,000. (3) For shipbuilding and conversion, $14,400,625,000. (4) For other procurement, $5,975,828,000. (5) For procurement, Marine Corps, $983,352,000. (6) For ammunition procurement, Navy and Marine Corps, $771,945,000. 103. Air Force Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Air Force as follows: (1) For aircraft, $11,542,571,000. (2) For ammunition, $677,400,000. (3) For missiles, $4,690,506,000. (4) For other procurement, $16,566,018,000. 104. Defense-wide activities Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide procurement in the amount of $4,221,437,000. 105. Joint Improvised Explosive Device Defeat Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Improvised Explosive Device Defeat Fund in the amount of $115,058,000. 106. Defense production act purchases Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000. II Research, development, test, and evaluation A Authorization of appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $6,593,898,000. (2) For the Navy, $16,266,335,000. (3) For the Air Force, $23,739,892,000. (4) For Defense-wide activities, $16,766,084,000. (5) For the Director of Operational Test and Evaluation, $167,738,000. B Program requirements, restrictions, and limitations 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program Subparagraph (B) of section 2192a(c)(1) in the Department of Defense for the period of obligated service determined under paragraph (2)— (i) with the Department of Defense; or (ii) with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense. . 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 at least one half of the cost of such activities an appropriate share of the cost of such activities, as determined by the Secretary III Operation and maintenance A Authorization of appropriations 301. Operation and maintenance funding Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $33,240,148,000. (2) For the Navy, $39,316,857,000. (3) For the Marine Corps, $5,909,487,000. (4) For the Air Force, $35,331,193,000. (5) For Defense-wide activities, $31,198,232,000. (6) For the Army Reserve, $2,490,569,000. (7) For the Navy Reserve, $1,007,100,000. (8) For the Marine Corps Reserve, $268,582,000. (9) For the Air Force Reserve, $3,015,842,000. (10) For the Army National Guard, $6,030,773,000. (11) For the Air National Guard, $6,392,859,000. (12) For the United States Court of Appeals for the Armed Forces, $13,723,000. (13) For the Department of Defense Acquisition Workforce Development Fund, $212,875,000. (14) For Environmental Restoration, Army, $201,560,000. (15) For Environmental Restoration, Navy, $277,294,000. (16) For Environmental Restoration, Air Force, $408,716,000. (17) For Environmental Restoration, Defense-wide, $8,547,000. (18) For Environmental Restoration, Formerly Used Defense Sites, $208,353,000. (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $100,000,000. (20) For Cooperative Threat Reduction programs, $365,108,000. (21) For Overseas Contingency Operations Transfer Fund, $5,000,000. (22) For Support for International Sporting Competitions, Defense, $10,000,000. B Program Matters 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities (a) Eligible categories of transportation Subsection (a) of section 2642 (1) in the matter preceding paragraph (1), by striking The Secretary Subject to subsection (b), the Secretary (2) in paragraph (3)— (A) by striking During the period beginning on October 28, 2009, and ending on October 28, 2019, for For (B) by striking of Defense military sales of Defense (C) by striking , but only if commercial transportation industry (3) by adding at the end the following new paragraphs: (4) For military transportation services provided in support of foreign military sales. (5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies). (6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity. . (b) Termination of authority for certain categories of transportation Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Termination of authority for certain categories of transportation The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate. . 312. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors (a) Repeal Section 9513 (b) Clerical amendment The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513. 313. Repeal of annual report on Department of Defense operation and financial support for military museums (a) In general Section 489 (b) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard (a) Memorial authorized The Secretary of the Navy may establish, maintain, and repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, Washington, DC, that occurred on September 16, 2013. (b) Location The memorial shall become part of the Washington Navy Yard. (c) Additional funding (1) Establishment of account An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (2). (2) Acceptance of contributions The Secretary of the Navy may establish procedures under which the Secretary may solicit and accept monetary contributions or gifts of property for the purpose of the activities described in subsection (a) without regard to limitations contained in section 2601 (3) Deposit of contributions The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (2) in the account established under paragraph (1). The funds in the account established under paragraph (1) shall be available until expended without further appropriation, but only for the purposes described in subsection (a). 315. Southern Sea Otter Military Readiness Areas (a) Establishment of the southern sea otter military readiness areas Chapter 631 7235. Establishment of the Southern Sea Otter Military Readiness Areas (a) Establishment The Secretary of the Navy shall establish areas, to be known as Southern Sea Otter Military Readiness Areas (1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates: N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′. (2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone. (b) Activities within the southern sea otter military readiness areas (1) Incidental takings under endangered species act of 1973 Sections 4 and 9 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (2) Incidental takings under marine mammal protection act of 1972 Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1371 (3) Treatment as species proposed to be listed For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (c) Removal Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas. (d) Revision or termination of exceptions The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels. (e) Monitoring (1) In general The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service. (2) Reports Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1). (f) Definitions In this section: (1) Southern sea otter The term southern sea otter (2) Take The term take (A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. (3) Incidental taking The term incidental taking (4) Military readiness activity The term military readiness activity 16 U.S.C. 703 (5) Optimum sustainable population The term optimum sustainable population . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7235. Establishment of the Southern Sea Otter Military Readiness Areas. . (c) Conforming amendment Section 1 of Public Law 99–625 16 U.S.C. 1536 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia (a) Environmental restoration project Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 (b) Interagency agreement The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 (c) Source of Department of Defense funds Pursuant to section 2703(c) IV Military personnel authorizations A Active forces 401. End strengths for active forces The armed forces are authorized strengths for active duty personnel as of September 30, 2015, as follows: (1) The Army, 490,000. (2) The Navy, 323,600. (3) The Marine Corps, 184,100. (4) The Air Force, 310,900. B Reserve forces 411. End strengths for selected reserve (a) In general The armed forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2015, as follows: (1) The Army National Guard of the United States, 350,200. (2) The Army Reserve, 202,000. (3) The Navy Reserve, 57,300. (4) The Marine Corps Reserve, 39,200. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 67,100. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the armed forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 31,385. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 9,973. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 14,704. (6) The Air Force Reserve, 2,830. 413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 (1) For the Army National Guard of the United States, 27,210. (2) For the Army Reserve, 7,895. (3) For the Air National Guard of the United States, 21,792. (4) For the Air Force Reserve, 9,789. 414. Fiscal year 2015 limitation on number of non-dual status technicians (a) Limitations (1) National guard Within the limitation provided in section 10217(c)(2) (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed the number in effect for the Army Reserve under section 10217(c)(1) of title 10, United States Code. (3) Air force reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90. (b) Non-Dual status technicians defined In this section, the term non-dual status technician section 10217(a) 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2015, the maximum number of members of the reserve components of the armed forces who may be serving at any time on full-time operational support duty under section 115(b) (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. 416. Management of military technicians (a) Designation of non-Dual status technician positions Subsection (a) of section 10217 (1) in paragraph (1), by striking a technician an employee of the Department of Defense (2) by striking or (3) by striking the period at the end of paragraph (3) and inserting ; or (4) by adding at the end the following new paragraph: (4) is serving in the Army Reserve in a position designated by the Secretary of the Army to be filled by a non-dual status technician. . (b) Revised limitation on number of army reserve technicians Subsection (c)(1) of such section is amended— (1) by inserting (A) (1) (2) by designating the second sentence as subparagraph (C); (3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph: (B) The total number of non-dual status technicians employed by the Army Reserve may not exceed 60 percent of the total number of military technicians employed by the Army Reserve. ; and (4) in subparagraph (C), as designated by paragraph (2), by striking the preceding sentence subparagraph (A) or subparagraph (B), as the case may be (c) Loss of status as a military technician (Dual Status) Section 10218(a)(3) of such title is amended— (1) in subparagraph (A)(ii)— (A) by inserting military not a (B) by inserting (dual status) technician (2) in subparagraph (B), by inserting in a position designated for military technician (dual status) non-dual status technician C Authorization of appropriations 421. Military personnel (a) Authorization of appropriations There is hereby authorized to be appropriated for military personnel for fiscal year 2015 a total of $128,957,593,000. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015. V Military personnel policy A Officer personnel policy generally 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers (a) Repeal of annual reports (1) Joint officer management Section 667 (2) Promotion policy objectives for joint officers Section 662 of such title is amended— (A) by striking (a) Qualifications.— (B) by striking subsection (b). (b) Clerical amendment The table of sections at the beginning of chapter 38 of such title is amended by striking the item relating to section 667. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties Section 581(d) (1) by redesignating paragraph (2) as paragraph (3); (2) by designating the second sentence of paragraph (1) as paragraph (2); and (3) in paragraph (2), as so designated— (A) by striking the list shall include each the list shall include— (A) the name of each ; (B) by striking the period at the end and inserting ; or (C) by adding at the end the following new subparagraph: (B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary. . 503. Authority for three-month deferral of retirement for officers selected for selective early retirement (a) Warrant officers Section 581(e) (1) by striking 90 days three months (2) by inserting after the first sentence the following new sentence: An officer recommended for early retirement under this section, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. (b) Officers on the active-Duty list Section 638(b) of such title is amended— (1) in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: , with such retirement under that section to be not later than the first day of the month beginning after the month in which the officer becomes qualified for retirement under that section, or on the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement, whichever is later (2) in paragraph (3)— (A) by striking 90 days three months (B) by inserting after the first sentence the following new sentences: An officer recommended for early retirement under subparagraph (b)(1)(A) or under section 638a of this title, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under subparagraph (b)(1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. An officer recommended for early retirement under subparagraph (b)(2), if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. B Reserve Component Management 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces Paragraphs (1) and (2) of section 12102(b) (1) that person has met the citizenship or residency requirements established in section 504(b)(1) of this title; or (2) that person is authorized to enlist by the Secretary concerned under section 504(b)(2) of this title. . 512. Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status) (a) Repeal of unit membership requirement Section 10216 (b) Conforming amendment Subsection (g) of such section is amended by striking subsection (d) of this section or 513. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees (a) Retention of certain first lieutenants and lieutenants (junior grade) following nonselection for promotion Subsection (a)(1) of section 14701 (1) by inserting (A) (1) (2) by striking A reserve office of A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under section 14504 of this title, or a reserve officer of (3) by inserting a comma after 14507 of this title (4) by adding at the end the following new subparagraph: (B) A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who— (i) is a health professions officer; or (ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree. . (b) Retention of health professions officers Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Continuation of health professions officers (1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law. (2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service. (3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law. . C Member education and training 521. Inter-European Air Forces Academy (a) In general Chapter 907 section 9415 9416. Inter-European Air Forces Academy (a) Operation The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 et seq. (b) Eligible countries (1) No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State. (2) The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (c) Costs The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force. (d) Supplies and clothing The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter— (1) transportation incident to the training; (2) supplies and equipment to be used during the training; and (3) billeting, food, and health services. (e) Living allowance The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances. (f) Maintenance The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9415 the following new item: 9416. Inter-European Air Forces Academy. . 522. Authority for Joint Special Operations University to award degrees (a) In general Chapter 108 section 2163 2163a. Degree granting authority for Joint Special Operations University (a) Authority Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements. (b) Limitation A degree may not be conferred under this section unless— (1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (2) the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2163 the following new item: 2163a. Degree granting authority for Joint Special Operations University. . 523. Duration of foreign and cultural exchange activities at military service academies (a) Military academy Section 4345a(a) two weeks four weeks (b) Naval academy Section 6957b(a) of such title is amended by striking two weeks four weeks (c) Air force academy Section 9345a(a) of such title is amended by striking two weeks four weeks 524. Enhancement of authority to accept support for Air Force Academy athletic programs Section 9362 (e) Acceptance of support (1) Support received from the corporation Notwithstanding section 1342 (2) Funds received from other sources The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy. (3) Limitation The Secretary shall ensure that contributions accepted under this subsection do not reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program. (f) Leases and licenses (1) The Secretary may, in accordance with section 2667 (2) The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this section, the term support services (g) Contracts and cooperative agreements The Secretary may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) section 2304(c)(5) (h) Trademarks and service marks (1) Licensing, marketing, and sponsorship agreements An agreement under subsection (g) may, consistent with section 2260 (other than subsection (d)) of this title, authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary. (2) Limitations No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program. (i) Retention and use of funds Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended. . D Defense dependents’ education and military family readiness matters 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse Subsection (d)(4) of section 1059 as of the date on which the individual described in subsection (b) is separated from active duty as of the date on which the separation action is initiated by a commander of the individual described in subsection (b) 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting or a local national who teaches a host nation language course who is a citizen of the United States 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools (a) Expansion of functions Subsection (c) of section 1411 of the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 929 (1) in paragraph (1), by inserting , and of the domestic dependent elementary and secondary school system established under section 2164 of title 10, United States Code, of the defense dependents’ education system (2) in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system (b) Membership of council Subsection (a)(1)(B) of such section is amended— (1) by inserting and the domestic dependent elementary and secondary schools established under section 2164 of title 10, United States Code the defense dependents’ education system (2) by inserting either such system E Other matters 541. Procedures for judicial review of military personnel decisions relating to correction of military records (a) Availability of judicial review; limitations (1) In general Chapter 79 1560. Judicial review of decisions relating to correction of military records (a) Availability of judicial review (1) In general Pursuant to sections 1346 1491 chapter 7 (2) Records correction final decision defined In this section, the term records correction final decision (A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title. (B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title. (C) A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title. (D) A final decision issued by the Secretary concerned pursuant to section 1554a of this title. (b) Exhaustion of administrative remedies (1) General rule Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless— (A) the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and (B) the Secretary concerned has rendered a final decision denying that correction in whole or in part. (2) Whistleblower cases When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs: (A) The Secretary of Defense makes a decision in the matter. (B) The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires. (3) Class actions If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. (4) Timeliness Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction. (c) Statutes of limitation (1) Six years from final decision A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision. (2) Six years for certain claims that may result in payment of money (A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision. (B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under— (i) chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or (ii) chapter 73 of this title. (d) Habeas corpus This section does not affect any cause of action arising under chapter 153 . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1560. Judicial review of decisions. . (b) Effect of denial of request for correction of records when prohibited personnel action alleged (1) Notice of denial; procedures for judicial review Subsection (g) of section 1034 of such title is amended by adding at the end the following new paragraph: (7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (2) Secretary of Defense review; notice of denial Subsection (h) of such section is amended— (A) by inserting (1) Upon the completion of all (B) by adding at the end the following new paragraph: (2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (3) Sole basis for judicial review Such section is further amended— (A) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (B) by inserting after subsection (h) the following new subsection (i): (i) Judicial review (1) A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title. (2) In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. (3) A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. . (c) Effect of denial of other requests for correction of military records Section 1552 of such title is amended by adding at the end the following new subsections: (h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (d) Judicial review of corrections recommended by the physical disability board of review Section 1554a of such title is amended— (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Record of decision and notification In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (g) Judicial review A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (e) Effective date and application (1) In general The amendments made by this section shall take effect on January 1, 2016, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552 or 1554a of such title rendered on or after such date. (2) Treatment of existing cases This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1). (f) Implementation The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense. 542. Enhanced role for Department of Justice under Military Lending Act (a) Enforcement by the Attorney General Subsection (f) of section 987 (7) Enforcement by the attorney general (A) In general The Attorney General may commence a civil action in any appropriate district court of the United States against any person who— (i) engages in a pattern or practice of violating this section; or (ii) engages in a violation of this section that raises an issue of general public importance. (B) Relief In a civil action commenced under subparagraph (A), the court— (i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section; (ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and (iii) may, to vindicate the public interest, assess a civil penalty— (I) in an amount not exceeding $110,000 for a first violation; and (II) in an amount not exceeding $220,000 for any subsequent violation. (C) Intervention Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee. (D) Issuance and service of civil investigative demands Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring— (i) the production of such documentary material for inspection and copying; (ii) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (iii) the production of any combination of such documentary material or answers. (E) Relationship to false claims act The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 False Claims Act (i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section; (ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath; (iii) the statutory definitions for purposes of that section relating to false claims law (iv) provisions of that section relating to qui tam relators shall not apply. . (b) Consultation with Department of Justice Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph: (H) The Department of Justice. . 543. Enforcement of rights under chapter 43 (a) Action for relief (1) Initiation of actions Paragraph (1) of subsection (a) of section 4323 If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for relief under this chapter. The person on whose behalf the complaint is referred may, upon timely application, intervene in such action and may obtain such appropriate relief as provided in subsections (d) and (e). (2) Attorney general notice to servicemember of decision Paragraph (2) of such subsection is amended to read as follows: (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 about whether the United States will 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 of when 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) Pattern or practice cases Such subsection is further amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) 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 or benefits secured by this chapter, the Attorney General may commence an action under this chapter. . (4) Actions by private persons Subparagraph (C) of paragraph (4) of such subsection, as redesignated by paragraph (3)(A), is amended by striking refused notified by the Department of Justice that the Attorney General does not intend to bring a civil action. (b) Sovereign immunity Paragraph (2) of subsection (b) of section 4323 (2) (A) In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee’s official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee’s official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action. (B) (i) No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee’s official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity. (ii) In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections (d) and (e). . (c) Venue for cases against private employers Subsection (c)(2) of such section is amended by striking United States district court for any district in which the private employer of the person maintains a place of business. United States district court for— (A) any district in which the employer maintains a place of business; (B) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or (C) if there is no district in which an action may otherwise be brought as provided in subparagraph (A) or (B), any district in which the employer is subject to the court’s personal jurisdiction with respect to such action. . (d) Compensatory and punitive damages Subsection (d)(1) of such section is amended by striking subparagraph (C) and inserting the following new subparagraphs: (C) The court may require the employer to pay the person compensatory damages suffered by reason of such employer’s failure to comply with the provisions of this chapter. (D) The court may require the employer (other than a government, government agency, or political subdivision) to pay the person punitive damages if the court determines that the employer failed to comply with the provisions of this chapter with reckless indifference to the federally protected rights of the person. (E) The sum of the amount of compensatory damages awarded under this section and the amount of punitive damages awarded under this section, may not exceed, for each person the following: (i) In the case of an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000. (ii) In the case of an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000. (iii) In the case of an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000. (iv) In the case of an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000. . (e) Standing Subsection (f) of such section is amended— (1) by inserting by the United States or may be initiated only (2) by striking or by the United States under subsection (a)(1) (f) Attorney fees and other litigation expenses Subsection (h)(2) of such section is amended by striking subsection (a)(2) subsection (a)(1) or subsection (a)(4) (g) Pension contribution calculations Subsection (b) of section 4318 (1) in paragraph (3)(B), by striking on the basis of on the basis specified in paragraph (4). (2) by adding at the end the following new paragraph: (4) The basis for a computation under paragraph (3) to which subparagraph (B) of that paragraph applies is as follows: (A) If the period of service described in subsection (a)(2)(B) is one year or less, the computation shall be made on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding such period or, if shorter, the period of employment immediately preceding such period. (B) If the period of such service is more than one year, the computation shall be made on the basis of the average rate of compensation during such period of service of employees of that employer who are similarly situated to the servicemember in terms of having similar seniority, status, and pay. . (h) Disability discovered after employee resumes employment Subsection (a)(3) of section 4313 including a disability that is brought to the employer’s attention within five years after the person resumes employment, during, such service, (i) Burden of identifying proper reemployment positions Section 4313 of such title is further amended by adding at the end the following new subsection: (c) For purposes of this section, the employer shall have the burden of identifying the appropriate reemployment positions. . (j) Civil investigative demands Section 4323 of such title is further amended by adding at the end the following new subsection: (j) Issuance and service of civil investigative demands by attorney general (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 chapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and cause to be served 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 governing the authority to issue, use, and enforce civil investigative demands under section 3733 False Claims Act (A) a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter; (B) a reference to interrogatories shall be applied as referring to written questions, and answers to such need not be under oath; (C) the statutory definitions for purposes of that section relating to false claims law (D) provisions of that section relating to qui tam relators shall not apply. . 544. Modification of criteria for eligibility for naturalization through service in the armed forces Section 328(a) of the Immigration and Nationality Act ( 8 U.S.C. 1439(a) (1) by inserting (1) (a) (2) by adding at the end the following new paragraph: (2) (A) In addition to the authorities provided in paragraph (1), a qualifying noncitizen United States veteran may be naturalized without having been lawfully admitted to the United States for permanent residence if the person’s application for naturalization is filed while the applicant is serving in the armed forces of the United States or within six months after the termination of such service. (B) For purposes of subparagraph (A), a qualifying noncitizen United States veteran is a person— (i) who has served in the armed forces of the United States as described in subparagraph (C); and (ii) whose enlistment in the armed forces— (I) was lawful under section 504(b) (II) was not procured by a knowingly false representation or by deliberate concealment as to the person’s qualifications for that enlistment. (C) A person’s service in the armed forces of the United States is described in this subparagraph if— (i) the person served honorably in the armed forces for a period or periods aggregating one year, any part of which was served after the date of the enactment of this paragraph; and (ii) in the case of a person who has been separated from such service, the person was never separated except under honorable conditions. . VI COMPENSATION AND OTHER PERSONNEL BENEFITS A Pay and Allowances 601. Fiscal year 2015 increase in military basic pay (a) Waiver of Section 1009 adjustment The adjustment to become effective during fiscal year 2015 required by section 1009 (b) Increase in basic pay Effective on January 1, 2015, the rates of monthly basic pay for members of the uniformed services are increased by 1 percent for enlisted member pay grades, warrant officer pay grades, and commissioned officer pay grades below pay grade O–7. (c) Application of Executive Schedule Level II ceiling on payable rates for general and flag officers Section 203(a)(2) 602. Inclusion of Chief of the National Guard Bureau and senior enlisted advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances (a) Basic pay rate equal treatment of Chief of the National Guard Bureau and Senior Enlisted Advisor to the Chief of the National Guard Bureau (1) Chief of the National Guard Bureau The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall be the same as the rate of basic pay for the officers specified in Footnote 2 of the table entitled commissioned officers 37 U.S.C. 1009 section 205 (2) Senior Enlisted Advisor to the Chief of the National Guard Bureau (A) Subsection (a)(1) of section 685 of the National Defense Authorization Act for Fiscal Year 2006 (37 U.S.C. 205 note) is amended by inserting or as Senior Enlisted Advisor to the Chief of the National Guard Bureau Chairman of the Joint Chiefs of Staff (B) The heading of such section is amended by inserting and for the chief of the national guard bureau chairman of the joint chiefs of staff (C) The amendment made by subparagraph (A) shall apply to the individual who on the date of the enactment of this Act is serving as Senior Enlisted Advisor to the Chief of the National Guard Bureau effective as of the date on which the assignment of that individual to that position began. (b) Pay during terminal leave and while hospitalized Section 210 (1) in subsection (a), by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau that armed force (2) in subsection (c), by striking paragraph (6). (c) Personal money allowance Section 414 (1) in subsection (a)(5)— (A) by striking or Commandant of the Coast Guard (B) by inserting , or Chief of the National Guard Bureau Commandant of the Coast Guard (2) in subsection (c)— (A) by striking or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff (B) by inserting , or the Senior Enlisted Advisor to the Chief of the National Guard Bureau Chiefs of Staff (d) Retired base pay Section 1406(i) (1) in the subsection heading, by inserting chief of the national guard bureau, chiefs of service, (2) in paragraph (1)— (A) by inserting the Chief of the National Guard Bureau, Chief of Service, (B) by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau of an armed force (3) in paragraph (3), by striking clause (vi) of subparagraph (B). 603. Revision to method of computation of basic allowance for housing Paragraph (3) of section 403(b) (3) (A) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between— (i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and (ii) the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member. (B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed 5 percent. . B Bonuses and Special and Incentive Pays 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to Reserve Forces The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”: (1) Section 308b(g), relating to Selected Reserve reenlistment bonus. (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. (4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service. (5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. (6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Title 37 authorities relating to health care professionals The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 302c–1(f), relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1), relating to accession bonus for registered nurses. (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. (4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. (5) Section 302h(a)(1), relating to accession bonus for dental officers. (6) Section 302j(a), relating to accession bonus for pharmacy officers. (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. (8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. (d) Authorities relating to nuclear officers The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. (2) Section 312b(c), relating to nuclear career accession bonus. (3) Section 312c(d), relating to nuclear career annual incentive bonus. (e) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers. (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (5) Section 335(k), relating to bonus and incentive pay authorities for officers in health professions. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (f) Other title 37 bonus and special pay authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 301b(a), relating to aviation officer retention bonus. (2) Section 307a(g), relating to assignment incentive pay. (3) Section 308(g), relating to reenlistment bonus for active members. (4) Section 309(e), relating to enlistment bonus. (5) Section 324(g), relating to accession bonus for new officers in critical skills. (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (7) Section 327(h), relating to incentive bonus for transfer between the armed forces. (8) Section 330(f), relating to accession bonus for officer candidates. (9) Section 403(b)(7)(E), relating to basic allowance for housing. C Travel and Transportation Allowances 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel (a) Authority Subsection (e) of section 5911 (1) by striking The head (1) Except as provided in paragraph (2), the head (2) by adding at the end the following new paragraph: (2) (A) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the Secretary’s jurisdiction performing duty on official travel to occupy adequate quarters on a rental basis when available. (B) A requirement under subparagraph (A) with respect to an employee of the Department of Defense may not be construed to be subject to negotiation under chapter 71 of this title. . (b) Definition of quarters Subsection (a)(5) of such section is amended by inserting or commercial lodging arranged through a Government lodging program leased by the Government 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services (a) Incorporation of IRS rate as single standard mileage rate applicable to automobiles Section 5704(a)(1) established by the Administrator shall not exceed shall be (b) Establishment of mileage reimbursement rates (1) Elimination of automobiles from periodic investigations of cost of travel Paragraph (1)(A) of section 5707(b) (A) by striking , in consultation with the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, (B) by striking vehicles to airplanes and privately owned motorcycles by (2) Reimbursement rate for automobiles Paragraph (2)(A)(i) of such section is amended by striking prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, provide that the mileage reimbursement rate for privately owned automobiles, VII HEALTHCARE PROVISIONS A TRICARE and Other Health Care Benefits 701. Consolidated TRICARE health plan (a) Freedom of choice for TRICARE points of service Chapter 55 section 1073b 1073c. TRICARE program: freedom of choice for points of service (a) Freedom of choice A covered beneficiary may choose to receive care from any of the points of service specified in subsection (b), subject to availability. (b) Points of service The TRICARE program has three points of service through which medical and dental care and health benefits are provided, as follows: (1) Facilities of the uniformed services. (2) Entities with which the Secretary of Defense has contracted for the delivery of health care under this chapter. (3) Entities other than those described in paragraphs (1) and (2). . (b) TRICARE cost-Sharing requirements Such chapter is further amended by inserting after section 1074m the following new section: 1075. TRICARE program: cost-sharing requirements (a) In general This section establishes cost-sharing requirements for beneficiaries under the TRICARE program. (b) Beneficiaries for cost-Sharing purposes (1) Beneficiary categories The beneficiary categories for purposes of cost-sharing requirements under the TRICARE program are as follows: (A) Category 1: Active-duty members Category 1 consists of beneficiaries who are covered by section 1074(a) (B) Category 2: Members of the selected reserve; Dependents of active-duty members Category 2 consists of beneficiaries who are covered by section 1076d 1079 (C) Category 3: Disability retirees & family members; family members of persons dying on active duty Category 3 consists of beneficiaries (other than Category 5 beneficiaries) who are— (i) covered by section 1086(c)(1) (ii) covered by section 1086(c)(2) (D) Category 4: Other retirees & family members Category 4 consists of beneficiaries covered by section 1086(c) (E) Category 5: Medicare-eligible beneficiaries Category 5 consists of beneficiaries who are described in section 1086(d)(2) (2) Junior enlisted beneficiaries A beneficiary is a junior enlisted beneficiary if the beneficiary is— (A) a Category 2 beneficiary who is a dependent of a member in pay grade E–1 through E–4; (B) a Category 2 beneficiary who is a member of the Selected Reserve of the Ready Reserve in pay grade E–1 through E–4; (C) a Category 3 beneficiary who retired under chapter 61 (D) a Category 3 beneficiary who is covered by section 1086(c)(2) (c) Inapplicability of cost-Sharing requirements to certain beneficiaries and categories of care (1) Category 1 beneficiaries There are no cost-sharing requirements under this section for Category 1 beneficiaries. (2) Category 5 beneficiaries Cost sharing under this section does not apply to a Category 5 beneficiary for care covered by section 1086(d)(3) (3) Extended health-care services Cost sharing under this section does not apply to extended health care services under section 1079(d) and (e) of this title. (4) Other programs This section does not apply to premiums established under this chapter under sections other than 1079 and 1086. For a program under this chapter for which such a premium applies, the enrollment fee under subsection (e) does not apply. (d) Special rules (1) Pharmacy Benefits Program Required copayments for services under the Pharmacy Benefits Program are set forth in section 1074g of this title. The enrollment fee, deductible, and catastrophic cap under this section apply to the Pharmacy Benefits Program under that section. (2) Calendar year enrollment period Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis. (3) Crediting of amounts received Amounts received under this section for care provided by a facility of the uniformed services shall be deposited to the credit of the appropriation supporting the maintenance and operation of that facility. (e) Annual enrollment fee for Category 4 beneficiaries (1) Requirement As a condition of eligibility for the TRICARE program in any year (including care in facilities of the uniformed services and pharmacy benefits under section 1074g of this title), a Category 4 beneficiary shall pay an enrollment fee for that year. (2) Amount The amount of such fee for any year is the baseline amount as adjusted under subsection (j). The baseline amount is the amount that would have been charged for enrollment in TRICARE Prime during fiscal year 2016 under section 1097 (f) Annual deductible (1) Requirement For a Category 2, 3, or 4 beneficiary, the cost-sharing requirements applicable under this section include an annual deductible of the charges for care received under the TRICARE program during a year. (2) Exclusion Any charge paid with respect to care provided in a facility of the uniformed services shall not be applied to the annual deductible. (3) Amount The amount of the annual deductible for a beneficiary is the following: (A) $150 per person, with a maximum of $300 per family group of two or more persons, for a junior enlisted beneficiary. (B) $300 per person, with a maximum of $600 per family group of two or more persons, for all other beneficiaries subject to this subsection. (g) Catastrophic cap (1) Requirement The total amount of cost sharing required to be paid by a beneficiary under the TRICARE program for a year is limited to a maximum amount, referred to as a catastrophic cap. (2) Exclusion An enrollment fee paid under subsection (e) shall not be counted toward the catastrophic cap. (3) Amount The catastrophic cap has been reached for a beneficiary during a year if the total amount of cost sharing requirements (other than an enrollment fee paid under subsection (e)) incurred under the TRICARE program by all beneficiaries in the beneficiary’s family group during that year is the following: (A) For a Category 2 or 3 beneficiary, $1,500 for health care provided by network providers or $2,500 for all health care. (B) For a Category 4 beneficiary, $3,000 for health care provided by military treatment facilities and network providers or $5,000 for all health care. (h) Outpatient cost sharing (1) In general A Category 2, 3, or 4 beneficiary shall be subject to cost-sharing for outpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j): Services TRICARE Network Providers and Out-of-Network Junior Category Category Category Category a b Clinical preventive services a $0 $0 $0 $0 $0 Primary care visit $0 FUS visit; $0 FUS visit; $10 FUS visit; 20% b 25% b Specialty care visit (including PT, OT, speech) $0 FUS visit or network behavioral health group visit; $0 FUS visit or network behavioral health group visit; $20 FUS visit or network behavioral health group visit; 20% b 25% b Urgent care center $0 FUS visit; $0 FUS visit; $30 FUS visit; 20% b 25% b Emergency department $0 FUS visit; $0 FUS visit; $50 FUS visit; 20% b 25% b Ambulance $10 trip, FUS or network $15 trip, FUS or network $20 trip, FUS or network 20% b 25% b DME, prosthetics, or­thot­ics, and supplies 10% of negotiated network fee 10% of negotiated network fee 20% of FUS cost or network negotiated fee 20% b 25% b Ambulatory surgery $0 FUS; $0 FUS; $50 FUS; 20% b 25% b (2) Special rule for Category 2 beneficiaries in remote locations In the case of a Category 2 beneficiary who resides with the active-duty member from whom such beneficiary’s eligibility is derived at a duty location remote from an area in which services are provided by a network provider, network cost sharing amounts under the table in paragraph (2) apply, notwithstanding that care was provided by an out-of-network provider. (i) Inpatient cost sharing A Category 2, 3, or 4 beneficiary shall be subject to cost sharing for inpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j): Services TRICARE Network Providers and Out-of-Network Junior Category Category Junior Category Category a b Hospitalization $17.35 FUS per day; $17.35 FUS per day; $17.35 FUS per day; 20% a 20% a 25% a Inpatient skilled nursing/rehabilitation b $17 network per day $25 network per day $25 per day $25 per day $35 per day $250 per day or 20% a plus (j) Annual adjustment to certain cost-Sharing amounts (1) Adjustment For any year after 2016, the dollar amounts specified in paragraph (2) shall be equal to such dollar amounts increased by the percentage by which retired pay has been increased under section 1401a(b)(2) (2) Amounts subject to adjustment Paragraph (1) applies to the following: (A) The amount of the enrollment fee in effect under subsection (e). (B) Each deductible amount in effect under subsection (f). (C) Each catastrophic cap amount in effect under subsection (g). (D) Each amount in effect under subsection (h) for outpatient care. (E) Each amount in effect under subsection (i) for inpatient care. (k) Regulations (1) In general The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section. (2) Matters to be included The regulations prescribed under paragraph (1) shall include the following: (A) Provisions to ensure, to the extent practicable, the availability of network providers to at least 85 percent of beneficiaries for whom the TRICARE program provides primary health benefits. (B) Provisions for an annual open season enrollment period and for enrollment modifications under appropriate circumstances. (C) Priorities for access to care in facilities of the uniformed services and other standards to ensure timely access to care. (3) Additional matters Those regulations may provide for TRICARE eligibility and alternate cost sharing for beneficiaries who are Category 2, 3, 4, or 5 beneficiaries who have other health insurance that provides primary health benefits. (4) Authority for additional provisions for effective and efficient administration Those regulations may include such other provisions as the Secretary determines appropriate for the effective and efficient administration of the TRICARE program, including any matter not specifically addressed in this chapter or any other law. (l) Definitions In this section: (1) The term network provider section 1073c(b)(2) (2) The term out-of-network provider section 1073c(b)(3) . (c) Transition rules for last quarter of calendar year 2015 With respect to cost sharing requirements applicable under sections 1079, 1086, or 1097 of title 10, United States Code, to a covered beneficiary under such sections during the period October 1, 2015, through December 31, 2015: (1) Any enrollment fee shall be one-fourth of the amount in effect during fiscal year 2015. (2) Any deductible amount applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015. (3) Any catastrophic cap applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015. (d) Repeal of superseded authorities The following provisions of law are repealed: (1) Section 1078 (2) Section 1097a (3) Section 1099 (4) Section 731 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 (e) Conforming amendments to Title 10, United States Code Title 10, United States Code is amended as follows: (1) Section 1072 (7) The term TRICARE program . (2) Section 1074(c)(2) the managed care option of the TRICARE program known as TRICARE Prime the TRICARE program (3) Section 1076d TRICARE Standard TRICARE Reserve Select (4) Section 1076e TRICARE Standard TRICARE Retired Reserve (5) Section 1076e is further amended by striking TRICARE Retired Reserve Coverage at age 60 TRICARE coverage at age 60 (6) Section 1079 (A) in subsection (b), by striking “of the following amounts:” and all that follows and inserting “of amounts as provided under section 1075 (B) by striking subsections (c), (g) and (p). (7) Section 1079a (A) by striking CHAMPUS TRICARE program (B) by striking the Civilian Health and Medical Program of the Uniformed Services the TRICARE program (8) Section 1086(b) contain the following include provisions for payment by the patient as provided under section 1075 (9) Section 1097(e) (e) Charges for health care Section 1075 . (f) Other conforming amendments (1) Section 721 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 (A) in paragraph (7), by striking the health plan known as the TRICARE PRIME (B) in paragraph (9), by striking all that follows The term TRICARE program has the meaning given that term in section 1072(7) (2) Section 723(a) of such Act ( Public Law 104–201 10 U.S.C. 1073 section 731 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 section 1075 of title 10, United States Code (3) Section 706 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (A) in subsection (c), by striking Prime Remote (B) in subsection (d), by striking the TRICARE Standard plan the TRICARE program (g) Clerical amendments The table of sections at the beginning of chapter 55 (1) by inserting after the item relating to section 1073b the following new item: 1073c. TRICARE program; freedom of choice for points of service. ; (2) by inserting after the item relating to section 1074m the following new item: 1075. TRICARE program; cost-sharing requirements. ; (3) in the item relating to section 1076d, by striking TRICARE Standard TRICARE Reserve Select (4) in the item relating to section 1076e, by striking TRICARE Standard TRICARE Retired Reserve (5) in the item relating to section 1079a, by striking CHAMPUS TRICARE program (6) by striking the items relating to sections 1078, 1097a, and 1099. (h) Effective dates (1) In general Except as provided in paragraph (2), this section and the amendments made by the section shall take effect on January 1, 2016. (2) Transition rules Subsection (c) shall take effect on October 1, 2015. 702. Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program (a) TRICARE for life enrollment fees Section 1086(d)(3) (D) (i) Beginning January 1, 2015, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the annual retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)). (ii) The applicable percentage of retired pay shall be determined in accordance with the following table: For: The applicable The applicable 2015 0.50% 0.25% 2016 1.00% 0.50% 2017 1.50% 0.75% 2018 and after 2.00% 1.00%. (iii) For any year 2015 through 2018, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table: For: The applicable The applicable 2015 $200 $150 2016 $400 $300 2017 $600 $450 2018 $800 $600. (iv) For any year after 2018, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a(b)(2) (v) The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)). (vi) Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 (vii) Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B). . (b) TRICARE pharmacy program requirements (1) Availability of pharmaceutical agents through national mail-order pharmacy program Section 1074g(a)(5) (A) by striking at least one of the means described in paragraph (2)(E) the national mail-order pharmacy program (B) by striking may include shall include cost sharing by the eligible covered beneficiary as specified in paragraph (6). (2) Cost sharing amounts Section 1074g(a)(6) (6) (A) In the case of any of the years 2015 through 2024, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table: For: The cost The cost The cost The cost The cost 2015 $5 $26 $0 $26 $51 2016 $6 $28 $0 $28 $54 2017 $7 $30 $0 $30 $58 2018 $8 $32 $0 $32 $62 2019 $9 $34 $9 $34 $66 2020 $10 $36 $10 $36 $70 2021 $11 $38 $11 $38 $75 2022 $12 $40 $12 $40 $80 2023 $13 $43 $13 $43 $85 2024 $14 $45 $14 $45 $90. (B) For any year after 2024, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar. (C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2014. . (c) Refills of prescription maintenance medications through the National Mail Order Pharmacy Program (1) In general Under the authority of section 1092 (2) Medications covered (A) Determination The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1). (B) Supply In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are— (i) generally available to eligible covered beneficiaries through retail pharmacies only for an initial filling of a 30-day or less supply; and (ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program. (C) Exemption The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B): (i) Medications that are for acute care needs. (ii) Such other medications as the Secretary determines appropriate. (d) Authority To adjust payments into the Medicare-Eligible Retiree Health Care Fund Section 1116 (e) (1) During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury. (2) If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) (3) If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2). . B Health Care Administration 711. Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home (a) Designation of Senior Medical Advisor Subsection (a) of section 1513A of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 413a (1) in paragraph (1), by striking Deputy Director of the TRICARE Management Activity Deputy Director of the Defense Health Agency (2) in paragraph (2), by striking Deputy Director of the TRICARE Management Activity Deputy Director of the Defense Health Agency (b) Clarification of responsibilities and duties of Senior Medical Advisor Subsection (c)(2) of such section is amended by striking health care standards of the Department of Veterans Affairs nationally recognized health care standards and requirements 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Subsection (e) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 September 30, 2015 September 30, 2016 713. Parity in provision of inpatient mental health services with other inpatient medical services (a) Elimination of inpatient day limits in provision of mental health services Section 1079 (1) by striking paragraph (6) of subsection (a); and (2) by striking subsection (i). (b) Waiver of nonavailbility statement for mental health services Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 10 U.S.C. 1073 (other than mental health services) VIII Acquisition policy, acquisition management, and related matters A Acquisition policy and management 801. Three-year extension of authority for Joint Urgent Operational Needs Fund Section 2216a(e) September 30, 2015 September 30, 2018 802. Five-year extension of Defense Production Act of 1950 Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) September 30, 2014 September 30, 2019 803. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration (a) Purpose The purpose of this section is to provide the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration with an effective administrative remedy to obtain recompense for the Department of Defense and the National Aeronautics and Space Administration for losses resulting from the submission to the Department or the Administration, respectively, of false, fictitious, or fraudulent claims and statements. (b) Program fraud civil remedies (1) In general Chapter IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 163 the following new chapter: 164 Administrative remedies for false claims and statements Sec. 2751. Applicability of chapter; definitions. 2752. False claims and statements; liability. 2753. Hearing and determinations. 2754. Payment; interest on late payments. 2755. Judicial review. 2756. Collection of civil penalties and assessments. 2757. Right to administrative offset. 2758. Limitations. 2759. Effect on other laws. 2751. Applicability of chapter; definitions (a) Applicability of chapter This chapter applies to the following agencies: (1) The Department of Defense. (2) The National Aeronautics and Space Administration. (b) Definitions In this chapter: (1) Head of an agency The term head of an agency (2) Claim The term claim (A) made to the head of an agency for property, services, or money (including money representing grants, loans, insurance, or benefits); (B) made to a recipient of property, services, or money received directly or indirectly from the head of an agency or to a party to a contract with the head of an agency— (i) for property or services if the United States— (I) provided such property or services; (II) provided any portion of the funds for the purchase of such property or services; or (III) will reimburse such recipient or party for the purchase of such property or services; or (ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States— (I) provided any portion of the money requested or demanded; or (II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or (C) made to the head of an agency which has the effect of decreasing an obligation to pay or account for property, services, or money. (3) Knows or has reason to know The term knows or has reason to know section 2752 (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or (C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required. (4) Responsible official The term responsible official (5) Respondent The term respondent section 2752 (6) Statement The term statement (A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or (B) with respect to (including relating to eligibility for)— (i) a contract with, or a bid or proposal for a contract with the head of an agency; or (ii) a grant, loan, or benefit from the head of an agency. (c) Claims For purposes of paragraph (2) of subsection (b)— (1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim; (2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and (3) a claim shall be considered made, presented, or submitted to the head of an agency, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority, recipient, or party. (d) Statements For purposes of paragraph (6) of subsection (b)— (1) each written representation, certification, or affirmation constitutes a separate statement; and (2) a statement shall be considered made, presented, or submitted to the head of an agency when such statement is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority. 2752. False claims and statements; liability (a) False claims Any person who makes, presents, or submits, or causes to be made, presented, or submitted, to the head of an agency a claim that the person knows or has reason to know— (1) is false, fictitious, or fraudulent; (2) includes or is supported by any written statement which asserts a material fact that is false, fictitious, or fraudulent; (3) includes or is supported by any written statement that— (A) omits a material fact; (B) is false, fictitious, or fraudulent as a result of such omission; and (C) the person making, presenting, or submitting such statement has a duty to include such material fact; or (4) is for payment for the provision of property or services which the person has not provided as claimed, shall, in addition to any other remedy that may be prescribed by law, be subject to a civil penalty of not more than $5,000 for each such claim. Such person shall also be subject to an assessment of not more than twice the amount of such claim, or the portion of such claim which is determined by the responsible official to be in violation of the preceding sentence. (b) False statements Any person who makes, presents, submits, or causes to be made, presented, or submitted, a written statement in conjunction with a procurement program or acquisition of an agency named in section 2751(a) (1) the person knows or has reason to know— (A) asserts a material fact that is false, fictitious, or fraudulent; or (B) (i) omits a material fact; and (ii) is false, fictitious, or fraudulent as a result of such omission; (2) in the case of a statement described in subparagraph (B) of paragraph (1), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and (3) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement. 2753. Hearing and determinations (a) Transmittal of notice to Attorney General If a responsible official determines that there is adequate evidence to believe that a person is liable under section 2752 (1) A statement of the reasons for initiating an action under this section. (2) A statement specifying the evidence which supports liability under section 2752 (3) A description of the claims or statements for which liability under section 2752 (4) An estimate of the penalties and assessments that will be demanded under section 2752 of this title. (5) A statement of any exculpatory or mitigating circumstances which may relate to such claims or statements. (b) Statement from Attorney General (1) Within 90 days after receipt of a notice from a responsible official under subsection (a), the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, shall transmit a written statement to the responsible official which specifies— (A) that the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, approves or disapproves initiating an action under this section based on the allegations of liability stated in such notice; and (B) in any case in which the initiation of an action under this section is disapproved, the reasons for such disapproval. (2) If at any time after the initiation of an action under this section the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, transmits to a responsible official a written determination that the continuation of any action under this section may adversely affect any pending or potential criminal or civil action, such action shall be immediately stayed and may be resumed only upon written authorization from the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General. (c) Limitation on amount of claim that may be pursued under this section No action shall be initiated under this section, nor shall any assessment be imposed under this section, if the total amount of the claim determined by the responsible official to violate section 2752(a) (d) Procedures for resolving claims (1) Upon receiving approval under subsection (b) to initiate an action under this section, the responsible official shall mail, by registered or certified mail, or other similar commercial means, or shall deliver, a notice to the person alleged to be liable under section 2752 (2) Within 30 days after receiving a notice under paragraph (1), or any additional period of time granted by the responsible official, the respondent may submit in person, in writing, or through a representative, facts and arguments in opposition to the allegations set forth in the notice, including any additional information that raises a genuine dispute of material fact. (3) If the respondent fails to respond within 30 days, or any additional time granted by the responsible official, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty and/or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. (4) If the respondent makes a timely submission, and the responsible official determines that the respondent has not raised any genuine dispute of material fact, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 (5) If the respondent makes a timely submission, and the responsible official determines that the respondent has raised a genuine dispute of material fact, the responsible official shall commence a hearing to resolve the genuinely disputed material facts by mailing by registered or certified mail, or other similar commercial means, or by hand delivery of, a notice informing the respondent of— (A) the time, place, and nature of the hearing; (B) the legal authority under which the hearing is to be held; (C) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (D) a description of the procedures for the conduct of the hearing. (6) The responsible official and any person against whom liability is asserted under this chapter may agree to a compromise or settle an action at any time. Any compromise or settlement must be in writing. (e) Respondent entitled to copy of the record At any time after receiving a notice under paragraph (1) of subsection (d), the respondent shall be entitled to a copy of the entire record before the responsible official. (f) Hearings Any hearing commenced under this section shall be conducted by the responsible official, or a fact-finder designated by the responsible official, solely to resolve genuinely disputed material facts identified by the responsible official and set forth in the notice to the respondent. (g) Procedures for hearings (1) Each hearing shall be conducted under procedures prescribed by the head of the agency. Such procedures shall include the following: (A) The provision of written notice of the hearing to the respondent, including written notice of— (i) the time, place, and nature of the hearing; (ii) the legal authority under which the hearing is to be held; (iii) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (iv) a description of the procedures for the conduct of the hearing. (B) The opportunity for the respondent to present facts and arguments through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required to resolve any genuinely disputed material facts identified by the responsible official. (C) The opportunity for the respondent to be accompanied, represented, and advised by counsel or such other qualified representative as the Secretary may specify in such regulations. (2) For the purpose of conducting hearings under this section, the responsible official is authorized to administer oaths or affirmations. (3) Hearings shall be held at the responsible official's office, or at such other place as may be agreed upon by the respondent and the responsible official. (h) Decision following hearing The responsible official shall issue a written decision within 60 days after the conclusion of the hearing. That decision shall set forth specific findings of fact resolving the genuinely disputed material facts that were the subject of the hearing. The written decision shall also dispose of the matters raised in the notice required under paragraph (1) of subsection (d). If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any decisions issued under this subparagraph shall be based on the record before the responsible official and shall be supported by a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. 2754. Payment; interest on late payments (a) Payment of assessments and penalties A respondent shall render payment of any assessment and penalty imposed by a responsible official, or any amount otherwise agreed to as part of a settlement or adjustment, not later than the date— (1) that is 30 days after the date of the receipt by the respondent of the responsible official's decision; or (2) as otherwise agreed to by the respondent and the responsible official. (b) Interest If there is an unpaid balance as of the date determined under paragraph (1), interest shall accrue from that date on any unpaid balance. The rate of interest charged shall be the rate in effect as of that date that is published by the Secretary of the Treasury under section 3717 (c) Treatment of receipts All penalties, assessments, or interest paid, collected, or otherwise recovered under this chapter shall be deposited into the Treasury as miscellaneous receipts as provided in section 3302 2755. Judicial review A decision by a responsible official under section 2753(d) 2753(h) 2756. Collection of civil penalties and assessments (a) Judicial enforcement of civil penalties and assessments The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed under this chapter. (b) Civil actions for recovery Any penalty or assessment imposed in a decision by a responsible official, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a proceeding under this chapter or pursuant to judicial review under section 2755 (c) Jurisdiction of United States District Courts The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b). (d) Joining and consolidating actions Any action under subsection (b) may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States, and the person against whom such action may be brought. (e) Jurisdiction of United States Court of Federal Claims The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) to recover any penalty or assessment, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. The counterclaim need not relate to the subject matter of the underlying claim. 2757. Right to administrative offset The amount of any penalty or assessment that has been imposed by a responsible official, or any amount agreed upon in a settlement or compromise, along with any accrued interest, may be collected by administrative offset. 2758. Limitations (a) Limitation on period for initiation of administrative action An action under section 2752 (b) Limitation period for initiation of civil action for recovery of administrative penalty or assessment A civil action to recover a penalty or assessment under section 2756 2759. Effect on other laws (a) Relationship to title 44 authorities This chapter does not diminish the responsibility of the head of an agency to comply with the provisions of chapter 35 (b) Relationship to title 31 authorities The procedures set forth in this chapter apply to the agencies named in section 2751(a) of this title in lieu of the procedures under chapter 38 (c) Relationship to other authorities Any action, inaction, or decision under this chapter shall be based solely upon the information before the responsible official and shall not limit or restrict any agency of the Government from instituting any other action arising outside this chapter, including suspension or debarment, based upon the same information. Any action, inaction or decision under this chapter shall not restrict the ability of the Attorney General to bring judicial action, based upon the same information as long as such action is not otherwise prohibited by law. . (2) Clerical amendment The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are each amended by inserting after the item relating to chapter 163 the following new item: 164. Administrative Remedies for False Claims and Statements 2751 . (c) Conforming amendments Section 3801(a)(1) (1) by inserting (other than the Department of Defense) executive department (2) by striking subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (B) and by inserting (other than the National Aeronautics and Space Administration) not an executive department (4) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively. (d) Effective date Chapter 164 804. Permanent authority for use of simplified acquisition procedures for certain commercial items Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106 B Amendments to general contract authorities, procedures, and limitations 811. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records (a) Authority Subsection (a)(1) of section 2313 , interview employees, is authorized to inspect the plant (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into after the effective date of a revision to the Federal Acquisition Regulation to implement the amendment. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813) is amended by inserting United States Transportation Command, United States Southern Command, 813. Recharacterization of changes to major automated information system programs (a) Addition to covered determination of a significant change Subsection (c)(2) of section 2445c (1) by striking or (2) by striking the period at the end of subparagraph (C) and inserting ; or (3) by adding at the end the following new subparagraph: (D) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest). . (b) Removal of covered determination of a critical change Subsection (d)(3) of such section is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B), (C), and (D) as subparagraph (A), (B), and (C), respectively. 814. Extension of special emergency procurement authority Section 1903(a) (1) by striking or (2) by striking the period at the end of paragraph (2) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (3) in support of a request from the Department of State or the United States Agency for International Development to facilitate the provision of humanitarian assistance, international disaster assistance, or other crisis-related assistance pursuant to the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). . 815. Extension of contract authority for advanced component development or prototype units (a) Extension of termination Subsection (b)(4) of section 819 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 10 U.S.C. 2302 September 30, 2014 September 30, 2019 (b) Extension of report requirement Subsection (c) of such section is amended by striking March 30, 2013 March 30, 2018 816. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain task or delivery order contracts (a) Contracting under title 41, United States Code Section 3306(c) (1) in paragraph (1), by inserting except as provided in paragraph (3), (2) by adding at the end the following new paragraphs: (3) Exceptions for certain indefinite delivery, indefinite quantity contracts If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 4103(d) (A) cost or price to the Federal Government need not, at the Government’s discretion, be considered under subparagraph (B) of paragraph (1) as an evaluation factor for the contract award; and (B) if, pursuant to subparagraph (A), cost or price to the Federal Government is not considered as an evaluation factor for the contract award— (i) the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and (ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 4106(c) (4) Qualifying offeror defined In paragraph (3), the term ‘qualifying offeror’ means an offeror that— (A) is determined to be a responsible source; (B) submits a proposal that conforms to the requirements of the solicitation; and (C) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. . (b) Contracting under title 10, United States Code Section 2305(a)(3) (1) in subparagraph (A), by inserting (except as provided in subparagraph (C)) shall (2) by adding at the end the following new subparagraphs: (C) If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 2304a(d)(1)(B) (i) cost or price to the Federal Government need not, at the Government’s discretion, be considered under clause (ii) of subparagraph (A) as an evaluation factor for the contract award; and (ii) if, pursuant to clause (i), cost or price to the Federal Government is not considered as an evaluation factor for the contract award— (I) the disclosure requirement of clause (iii) of subparagraph (A) shall not apply; and (II) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 2304c(b) (D) In subparagraph (C), the term qualifying offeror (i) is determined to be a responsible source; (ii) submits a proposal that conforms to the requirements of the solicitation; and (iii) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. . 817. Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities (a) Waiver authority Subsection (a) of section 203 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 10 U.S.C. 2430 (1) in paragraph (2)— (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) on the basis that there are no risk reduction phase activities; ; and (2) in paragraph (3), by inserting other than on the basis that there are no risk reduction phase activities, pursuant to paragraph (2), (b) Conforming cross-Reference amendment Subsection (b)(1) of such section is amended by striking paragraph (2) paragraph (2)(B) (c) Repeal of obsolete references Subsection (a) of such section is further amended by striking (or Key Decision Point B approval in the case of a space program) (d) Technical amendments Such subsection is further amended in the matter preceding paragraph (1)— (1) by striking Not later than 90 days after the date of the enactment of this Act, the The (2) by striking modify provide for 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation (a) Extension of authority to additional regional combatant commands Section 842 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 2313 (1) in subsection (a)(3), by striking Commander of the United States Central Command commander of the covered combatant command concerned (2) in subsection (c)— (A) , striking the United States Central Command theater of operations the theater of operations of a covered combatant command (B) by adding at the end the following new paragraph: (3) The term covered combatant command (A) The United States Central Command. (B) The United States European Command. (C) The United States Southern Command. (D) The United States Pacific Command. (E) The United States Africa Command. (F) The United States Northern Command. . (b) Reduction in amount of covered contracts, agreements, etc Subsections (a)(4) and (c)(2) of such section are amended by striking $100,000 $50,000 (c) Clarification of geographic applicability Subsection (c)(2) of such section is further amended by inserting outside the United States (including its territories and possessions) and that will be performed (d) Extension of sunset date Subsection (d) of such section is amended by striking the date that is three years after the date of the enactment of this Act December 31, 2018 (e) Applicability Subsection (a) of such section is further amended— (1) by striking Not later than 30 days after the date of the enactment of this Act, the The (2) by striking revise require through (3) by striking to require (A) the clause that the clause (4) by striking that is awarded on (f) Conforming amendment The heading of such section is amended to read as follows: 842. Additional access to contractor and subcontractor records in a contingency operation . 819. Modification of limitations on procurement of photovoltaic devices by the Department of Defense Subsection (b)(1) of section 846 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 10 U.S.C. 2534 and or IX Department of Defense organization and management 901. Implementation of the December 2013 Secretary of Defense plan for reorganization of the Office of the Secretary of Defense and implementation of the elimination of Deputy Under Secretary of Defense positions (a) Redesignation of Assistant Secretary of Defense for Operational Energy Plans and Programs To reflect merger with Deputy Under Secretary of Defense for Installations and Environment; clarification of policy and responsibilities (1) Redesignation of position Paragraph (9) of sub section 138(b) (9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Installations, Energy, and Environment. The Assistant Secretary is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to installations, energy, and environment. . (2) Transfer of policy provisions Chapter 173 (A) by adding at the end the following new section: 2926. Operational energy activities ; (B) by transferring paragraph (3) of section 138c(c) (C) in subsection (a) (as so inserted and redesignated)— (i) By inserting alternative fuel activities The Assistant Secretary (ii) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and (iii) in paragraph (5) (as so redesignated), by striking subsection (e)(4) subsection (c)(4) (D) by transferring subsections (d), (e), and (f) of section 138c (E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting of Defense for Installations, Energy, and Environment Assistant Secretary (F) in subsection (b) of section 2926 (as transferred and redesignated by subparagraph (D)), by striking provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments (3) Repeal of former provision Sections 138c of such title is repealed. (b) Deputy chief management officer Subsection (b) of section 132a (b) Responsibilities Subject to the authority, direction, and control of the Secretary of Defense, the Deputy Chief Management Officer shall perform such duties and exercise such powers as the Secretary may prescribe. The Deputy Chief Management Officer shall— (1) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title and perform those duties assigned by the Secretary of Defense or delegated by the Deputy Secretary pursuant to section 904(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (2) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as the Chief Operating Officer of the Department of Defense under section 1123 (3) establish policies for the strategic management and integration of the Department of Defense business operations and activities; (4) have the responsibilities specified for the Deputy Chief Management Officer for the purposes of section 2222 of this title; and (5) be the Performance Improvement Officer of the Department of Defense for the purposes of section 1124(a)(1) of title 31. . (c) Chief Information Officer of the Department of Defense (1) Statutory establishment of position Chapter 4 142. Chief Information Officer (a) There is a Chief Information Officer of the Department of Defense. (b) (1) The Chief Information Officer of the Department of Defense— (A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44; (B) has the responsibilities and duties specified in section 11315 (C) has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title. (2) The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe. (c) The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) . (2) Placement in the Office of the Secretary of Defense Section 131(b) (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (B) by inserting after paragraph (4) the following new paragraph (5): (5) The Chief Information Officer of the Department of Defense. . (d) Repeal of requirement for Defense Business System Management Committee Section 186 (e) Assignment of responsibility for defense business systems Section 2222 (1) in subsection (a)— (A) by inserting and (B) by striking ; and (C) by striking paragraph (3); (2) in subsection (c)(1), by striking Defense Business Systems Management Committee investment review board established under subsection (g) (3) in subsection (g)— (A) in paragraph (1), by striking , not later than March 15, 2012, (B) in paragraph (2)(C), by striking each the (C) in paragraph (2)(F), by striking and the Defense Business Systems Management Committee, as required by section 186(c) (f) Deadline for establishment of investment review board and investment management process The investment review board and investment management process required by section 2222(g) of title 10, United States Code, as amended by subsection (e)(5), shall be established not later than March 15, 2015. (g) Elimination and integration of separate statutory sections for certain prescribed assistant secretary of defense positions Chapter 4 (1) Assistant Secretary of Defense for Logistics and Materiel Readiness Paragraph (7) of section 138(b) (A) by inserting after Readiness who shall be appointed from among persons with an extensive background in the sustainment of major weapons systems and combat support equipment (B) by striking the second sentence; (C) by transferring to the end of that paragraph (as amended by subparagraph (B)) the text of subsection (b) of section 138a (D) by transferring to the end of that paragraph (as amended by subparagraph (C)) the text of subsection (c) of section 138a (E) by redesignating paragraphs (1) through (3) in the text transferred by subparagraph (C) of this paragraph as subparagraphs (A) through (C), respectively. (2) Assistant Secretary of Defense for Research and Engineering Paragraph (8) of such section is amended— (A) by striking the second sentence and inserting the text of subsection (a) of section 138b; (B) by inserting after the text added by subparagraph (A) of this paragraph the following: The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall— (C) by transferring paragraphs (1) and (2) of subsection (b) of section 138b to the end of that paragraph (as amended by subparagraphs (A) and (B)), indenting those paragraphs 2 ems from the left margin, and redesignating those paragraphs as subparagraphs (A) and (B), respectively; (D) in subparagraph (A) (as so transferred and redesignated)— (i) by striking The Assistant Secretary Test and Evaluation, shall (ii) by striking the period at the end and inserting ; and (E) in subparagraph (B) (as so transferred and redesignated), by striking The Assistant Secretary Test and Evaluation, shall (3) Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs Paragraph (10) of such section is amended— (A) by striking the second sentence and inserting the text of subsection (b) of section 138d; and (B) by inserting after the text added by subparagraph (A) of this paragraph the text of subsection (a) of such section and in that text as so inserted— (i) by striking of Defense for Nuclear, Chemical, and Biological Defense Programs (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively. (4) Repeal of separate sections Sections 138a, 138b, and 138d are repealed. (h) Codification of restrictions on use of the Deputy Under Secretary of Defense title (1) Codification Section 137a(a) (3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense. . (2) Conforming repeal Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 U.S.C. 137a (3) Conforming amendment for the Vacancy Reform Act of 1998 Section 137a(b) is absent or disabled dies, resigns, or is otherwise unable to perform the functions and duties of the office (i) Clarification of order of precedence for the principal Deputy Under Secretaries of Defense and the Assistant Secretaries of Defense (1) Subsection (d) of section 137a and the Deputy Chief Management Officer of the Department of Defense the Deputy Chief Management Officer of the Department of Defense, and the officials serving in the positions specified in section 131(b)(4) (2) Subsection (d) of section 138 and the Chief Information Officer of the Department of Defense section 131(b)(4) of this title (j) Conforming amendment to prior reduction in the number of Assistant Secretaries of Defense Section 5315 Assistant Secretaries of Defense (16) Assistant Secretaries of Defense (14) (k) Clerical and conforming amendments Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 4 (A) by striking the items relating to sections 138a, 138b, 138c, and 138d; and (B) by inserting after the item relating to section 141 the following new item: 142. Chief Information Officer. . (2) Section 131(b)(8), as redesignated by subsection (c)(2)(A), is amended— (A) by redesignating subparagraphs (A) through (H) as subparagraphs (B) through (I), respectively; and (B) by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A): (A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) . (3) Section 132(b) is disabled or there is no Secretary of Defense dies, resigns, or is otherwise unable to perform the functions and duties of the office (4) The table of sections at the beginning of chapter 7 (5) The table of sections at the beginning of subchapter III of chapter 173 2926. Operational energy activities. . (6) Section 2925(b) Operational Energy Plans and Programs Installations, Energy, and Environment (l) References in other laws, etc Any reference in any provision or law other than title 10, United States Code, or in any rule, regulation, or other paper of the United States, to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment shall be treated as referring to the Assistant Secretary of Defense for Installations, Energy, and Environment. 902. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities (a) Permanent authority Section 431(a) (b) Period for required audits Section 432(b)(2) annually biennially 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad Section 926 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 904. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 10 U.S.C. 184 (1) in paragraph (1), by striking through 2014 through 2015 (2) by striking paragraphs (2) and (3). 905. One-year extension of authorization for non-conventional assisted recovery capabilities (a) Extension Subsection (h) of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 113–66 2015 2016 (b) Cross-Reference amendment Subsection (f) of such section is amended by striking 413b(e) 3093(e) 906. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad (a) Authority To engage in commercial activities as security for military operations Subsection (a) of section 431 and military operations intelligence collection activities (b) Congressional committee references (1) Definitions Subsection (c) of such section is amended by adding at the end the following new paragraphs: (3) The term congressional intelligence committees (4) The term appropriate congressional committees (A) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for intelligence collection activities, the congressional defense committees and the congressional intelligence committees; and (B) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for military operations, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. . (2) Conforming amendment Section 437 (c) Reporting of audits The second sentence of section 432(b)(2) The results of any such audit shall be promptly reported to the appropriate congressional committees. (d) Authority To waive other Federal laws when necessary To maintain security Section 433(b)(1) or military operation intelligence activity (e) Limitations Section 435 (1) in subsection (a), by inserting or military operation intelligence activity (2) in subsection (b), by inserting or military operations intelligence activities (f) Congressional oversight Section 437 congressional defense committees and the congressional intelligence committees appropriate congressional committees (g) Clerical amendments (1) Subchapter heading (A) The heading of subchapter II of chapter 21 II Defense commercial activities . (B) The item relating to that subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows: II. Defense Commercial Activities 431. . (2) Section heading (A) The heading of section 431 431. Authority to engage in commercial activities as security for intelligence collection activities and military operations . (B) The item relating to that section in the table of sections at the beginning of subchapter II of chapter 21 431. Authority to engage in commercial activities as security for intelligence collection activities and military operations. . 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining (a) Competition requirements for contracts Section 2304(c)(5) brand-name (b) Purpose of the commissary system Section 2481 (1) in subsection (a), by striking , at reduced prices, (2) in subsection (b)— (A) by inserting each intended (B) by inserting and provide access to products for life of (3) by striking subsection (d). (c) Criteria for establishment or closure of commissary stores (1) Criteria for establishment Subsection (a) of section 2482 (A) by inserting (1) Establishment. (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (C) in subparagraph (A), as so redesignated, by inserting outside the United States commissary store (D) by adding at the end the following new paragraph: (2) The feasibility of cost recovery shall be the primary consideration whenever the Secretary of Defense— (A) assesses the need to establish a commissary store in the United States; and (B) selects the actual location for the store. . (2) Criteria for closure Paragraph (1) of subsection (c) of such section is amended by striking Whenever assessing Whenever the Secretary of Defense is assessing whether to close a commissary store, the following shall be primary considerations in such assessment: (A) The extent by which the operation of the commissary store is able to recover costs. (B) The effect of the closure on the quality of life of members of the armed forces on active duty and their dependents who use the store and on the welfare and security of the military community in which the commissary is located. . (d) Financing of commissary system operating expenses and inventories (1) In general Section 2483 2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories (a) Operation of agency and system Except as otherwise provided in this title, working capital funds established under section 2208 of this title shall be used to fund the operations and merchandise resale inventories of the defense commissary system. Those working capital funds shall be credited with such amounts as are appropriated for such purposes and with receipts described in subsections (c) and (d). (b) Operating expenses Working capital funds established under section 2208 of this title shall be used to finance operating expenses of the defense commissary system and the acquisition of merchandise resale inventories. Operating expenses of the defense commissary system include the following: (1) Salaries and wages of employees of the United States, host nations, and contractors supporting commissary store operations. (2) Utilities. (3) Communications. (4) Operating supplies and services. (5) Second destination transportation costs as authorized by section 2643 of this title. (6) Any cost associated with above-store-level management or other indirect support of a commissary store or a central product processing facility, including equipment maintenance and information technology costs. (c) Funding of commissary operations (1) The defense commissary system shall be managed with the objectives of attaining— (A) uniform system-wide pricing; and (B) a proportional allocation of funding sources for operating expenses. (2) The Secretary of Defense shall seek to achieve the objective of attaining a proportional allocation of funding sources for operating expenses for the defense commissary system as follows: (A) The Secretary shall prepare an estimation of the portion of the total operating expenses for the defense commissary system that are allocable to operations overseas and at commissaries within the United States that are designated by the Secretary for appropriated fund support. (B) The portion of operating expenses estimated under subparagraph (A) shall be programmed to be financed through annual appropriations for defense working capital funds. (C) The estimation of the remaining portion of operating expenses for the defense commissary system shall be financed as described in paragraph (3) and shall be used to establish prices for commissary merchandise and services consistent with the objective of attaining uniform system-wide pricing. (3) The portion of operating expenses for the defense commissary system that are not financed from appropriations for defense working capital funds shall be financed from receipts from the following (and from the exercise of authority provided by section 2208 of this title): (A) The sale of products. (B) The sale of services. (C) Such other receipts generated from commissary activities, except for surcharge collections authorized by section 2484(e) of this title, as designated by the Secretary of Defense. (d) Funding of merchandise resale inventories Prices established for resale merchandise shall include amounts sufficient to finance replenishment of inventories. . (2) Clerical amendment The item relating to such section in the table of sections at the beginning of subchapter I of chapter 147 2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories. . (e) Merchandise and pricing Section 2484 (1) by striking subsection (f); (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection (d): (d) Fee for services The Secretary of Defense may apply an additional user fee for services provided to commissary customers on orders of merchandise sold in commissary stores by electronic or mobile commerce methods commonly used in the retail supermarket sector. ; (4) in subsection (c)(3)— (A) in subparagraph (A), by striking subsections (d) and (e) subsections (e) and (f) (B) in subparagraph (B), by striking subsection (d) subsection (e) (5) in subsection (e), as redesignated by paragraph (2), by striking subsection (e) subsection (f) (6) by amending subsection (f), as redesignated by paragraph (2), to read as follows: (f) Sales price establishment The Secretary of Defense shall establish the sales price of merchandise sold in, at, or by commissary stores in amounts sufficient to finance operating expenses as prescribed in section 2483(b) ; (7) in subsection (g)— (A) by striking subsections (d) and (e) subsections (e) and (f) (B) by striking subsection (d) subsection (e) (8) in subsection (h)— (A) by striking subsection (d) subsection (e) (B) by striking paragraph (5). (f) Operation of commissaries (1) Operation by private persons Subsection (a) of section 2485 (a) Operation by private persons (1) Authority When patron savings can be improved, or operating costs reduced, the Secretary of Defense may contract with private persons to operate selected commissary store functions. (2) Limitation The following functions may not be contracted for operation by a private person under paragraph (1): (A) Functions relating to the procurement of products to be sold in a commissary store, except for a full or substantially full product line acquired for resale from a wholesaler, distributor, or similar vendor. (B) Functions relating to the overall management of a commissary system or the management of a commissary store. (3) Performance of functions excluded from performance by private persons Functions specified in paragraph (2) shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense. . (2) Contracts with other agencies and instrumentalities Subsection (b) of such section is amended— (A) by striking (1) The Defense (B) by inserting goods or provide or obtain (C) by striking service provided by the United States Transportation Command good or service provided by any entity of the United States in (D) by striking paragraph (2). (3) Repeal of superceded provisions Such section is further amended— (A) in subsection (g), by striking paragraphs (3), (4), and (5); and (B) in subsection (h), by striking paragraph (5). (4) Conforming cross-reference amendments Paragraphs (3) and (4) of subsection (e) of such section are amended by striking section 2484(d) section 2484(e) (g) Repeal of obsolete authority (1) In general Section 2685 (2) Clerical amendment The table of sections at the beginning of chapter 159 (h) Overseas transportation Section 2643(b) (1) in the first sentence, by striking appropriated funds defense working capital funds (2) in the second sentence— (A) by striking also (B) by inserting commissary and transporting (i) Supervision of commissary construction projects Section 2851(b) However, a project for the construction of a commissary store, a commissary central product processing facility, or a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities authorized under section 2484(h) X General provisions A Financial matters 1001. Authority for use of amounts recovered for damage to Government property (a) Extension to personal property The first sentence of section 2782 real property Government property (b) Availability of recovered funds The second sentence of such section is amended— (1) by striking In such amounts as are provided in advance in appropriation Acts, amounts Amounts (2) by inserting merged with, and available for use (3) by inserting and for the same period same purposes (4) by inserting a comma after circumstances as (c) Clerical amendments (1) Section heading The heading of such section is amended by striking real Government (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows: 2782. Damage to Government property; disposition of amounts recovered. . B Counter-Drug activities 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 Public Law 113–66 (1) in subsection (a)(1), by striking In fiscal years 2005 through 2014, During the period ending on December 31, 2017, (2) in subsection (c), by striking in fiscal years 2005 through 2014 during the period ending on December 31, 2017, C Naval vessels and shipyards 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning Section 5942(a) (1) by inserting (1) (a) (2) by adding at the end the following new paragraph: (2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal. . 1022. Ensuring operational readiness of littoral combat ships on extended deployments (a) Authority Subsection (a) of section 7310 (1) by inserting under the jurisdiction of the Secretary of the Navy Vessels (2) by striking A naval vessel (1) Except as provided in paragraph (2), a naval vessel (3) by adding at the end the following new paragraph: (2) (A) Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and that is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel— (i) in a foreign shipyard; (ii) at a facility outside of a foreign shipyard; or (iii) at any other facility convenient to the vessel. (B) (i) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel. (ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy. . (b) Definitions Such section is further amended by adding at the end the following new subsection: (d) Definitions In this section: (1) The term corrective and preventive maintenance or repair (A) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and (B) scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions. (2) The term facilities maintenance (A) preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and (B) cleaning services, encompassing— (i) light surface cleaning of ship structures and compartments; and (ii) deep cleaning of bilges to remove dirt, oily waste, and other foreign matter. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions . (2) Table of sections The table of sections at the beginning of chapter 633 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions. . 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy (a) In general Chapter 645 7525. Limited coastwise trade (a) Definition In his section, the term contractor-owned vessel (1) was built in the United States; (2) is owned or operated by an individual or entity that— (A) is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and (B) in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense; (3) is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and (4) is manned by United States citizens. (b) In general A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel. (c) Notice The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade. (d) Limitation An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire— (1) on the date of the sale of the contractor-owned vessel; (2) on the date of the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or (3) in the event that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7525. Limited coastwise trade. . D Sexual assault prevention and response related reforms 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1562 (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings Section 586 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 1561 (f) Return of personal property upon completion of related proceedings Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the armed forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident. . E Other matters 1041. Technical and clerical amendments (a) Amendment to National Defense Authorization Act for Fiscal Year 2013 Effective as of January 2, 2013, and as if included therein as enacted, section 604(b)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1774) is amended by striking the National Defense Authorization Act for Fiscal Year 2013 this Act (b) Amendments to title 10, United States Code, To reflect enactment of title 41, United States Code Title 10, United States Code, is amended as follows: (1) Section 2013(a)(1) section 6101(b)–(d) of title 41 section 6101 of title 41 (2) Section 2302 (A) in paragraph (7), by striking section 4 of such Act such section (B) in paragraph (9)(A)— (i) by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41 (ii) by striking such section such chapter (3) Section 2306a(b)(3)(B) section 4(12)(C)(i) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(C)(i) section 103(3)(A) of title 41 (4) Section 2314 Sections 6101(b)–(d) Sections 6101 (5) Section 2321(f)(2) section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (6) Section 2359b(k)(4)(A) section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 110 of title 41 (7) Section 2379 (A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41 (B) in subsections (b) and (c)(1), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (8) Section 2410m(b)(1) (A) in subparagraph (A)(i), by striking section 7 of such Act section 7104(a) of such title (B) in subparagraph (B)(ii), by striking section 7 of the Contract Disputes Act of 1978 section 7104(a) of title 41 (9) Section 2533(a) such Act chapter 83 of such title (10) Section 2533b (A) in subsection (h)— (i) in paragraph (1), by striking sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431) sections 1906 and 1907 of title 41 (ii) in paragraph (2), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (B) in subsection (m)— (i) in paragraph (2), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 105 of title 41 (ii) in paragraph (3), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 131 of title 41 (iii) in paragraph (5), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (11) Section 2545(1) section 4(16) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(16) section 131 of title 41 (12) Section 7312(f) Section 3709 of the Revised Statutes ( 41 U.S.C. 5 Section 6101 of title 41 (c) Amendments to other defense-Related statutes To reflect enactment of title 41, United States Code (1) The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (A) Section 846(a) ( 10 U.S.C. 2534 (i) by striking the Buy American Act ( 41 U.S.C. 10a et seq. chapter 83 of title 41, United States Code (ii) by striking that Act that chapter (B) Section 866 ( 10 U.S.C. 2302 (i) in subsection (b)(4)(A), by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41, United States Code (ii) in subsection (e)(2)(A), by striking section 4(13) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(13) section 110 of title 41, United States Code (C) Section 893(f)(2) ( 10 U.S.C. 2302 section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41, United States Code (2) The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (A) Section 805(c)(1) ( 10 U.S.C. 2330 (i) in subparagraph (A), by striking section 4(12)(E) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(E) section 103(5) of title 41, United States Code (ii) in subparagraph (C)(i), by striking section 4(12)(F) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(F) section 103(6) of title 41, United States Code (B) Section 821(b)(2) ( 10 U.S.C. 2304 section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (C) Section 847 ( 10 U.S.C. 1701 (i) in subsection (a)(5), by striking section 27(e) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423(e) section 2105 of title 41, United States Code (ii) in subsection (c)(1), by striking section 4(16) of the Office of Federal Procurement Policy Act section 131 of title 41, United States Code (iii) in subsection (d)(1), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 chapter 21 of title 41, United States Code (D) Section 862 ( 10 U.S.C. 2302 (i) in subsection (b)(1), by striking section 25 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421 section 1303 of title 41, United States Code (ii) in subsection (d)(1), by striking section 6(j) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(j) section 1126 of title 41, United States Code (3) The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 (A) Section 832(d)(3) ( 10 U.S.C. 2302 section 8(b) of the Service Contract Act of 1965 ( 41 U.S.C. 357(b) section 6701(3) of title 41, United States Code (B) Section 852(b)(2)(A)(ii) ( 10 U.S.C. 2324 section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (4) Section 8118 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 section 34 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 430 section 1906 of title 41, United States Code (5) The National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 (A) Section 812(b)(2) ( 10 U.S.C. 2501 section 6(d)(4)(A) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(d)(4)(A) section 1122(a)(4)(A) of title 41, United States Code (B) Section 1601(c) ( 10 U.S.C. 2358 (i) in paragraph (1)(A), by striking section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act section 1903 of title 41, United States Code (ii) in paragraph (2)(B), by striking Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 ( 41 U.S.C. 57(a) Section 8703(a) of title 41, United States Code (6) Section 8025(c) of the Department of Defense Appropriations Act, 2004 ( Public Law 108–87 the Javits-Wagner-O’Day Act ( 41 U.S.C. 46–48 chapter 85 of title 41, United States Code (7) Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 10 U.S.C. 2306a section 26(f)(5)(B) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422(f)(5)(B) section 1502(b)(3)(B) of title 41, United States Code (8) Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) section 1702(c) (1) and (2) of title 41, United States Code (9) Section 803(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 10 U.S.C. 2306a subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254b section 3503(a)(2) of title 41, United States Code (10) Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 section 32 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 428 section 1902 of title 41, United States Code (11) Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) section 1303(a) of title 41, United States Code (12) Section 3412(k) of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 10 U.S.C. 7420 section 303(c) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) section 3304(a) of title 41, United States Code (13) Section 845 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 (A) in subsection (a)(2)(A), by striking section 16(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(c) section 1702(c) of title 41, United States Code, (B) in subsection (d)(1)(B)(ii), by striking section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) paragraphs (1) and (2) of section 1702(c) (C) in subsection (e)(2)(A), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (D) in subsection (h), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 chapter 21 of title 41, United States Code (14) Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) section 1303(a) of title 41, United States Code (15) Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 (A) in subsection (b), by striking section 4(12) of the Office of Federal Procurement Policy Act section 103 of title 41, United States Code (B) in subsection (c)— (i) by striking section 25(a) of the Office of Federal Procurement Policy Act section 1302(a) of title 41, United States Code (ii) by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c)(1) section 1303(a)(1) of such title 41 (16) Section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 (A) by designating the subsection after subsection (k), relating to definitions, as subsection (l); and (B) in paragraph (8) of that subsection, by striking the first section of the Act of June 25, 1938 ( 41 U.S.C. 46 Wagner-O’Day Act section 8502 of title 41, United States Code (d) Amendments to title 10, United States Code, To reflect reclassification of provisions of law codified in title 50, United States Code Title 10, United States Code, is amended as follows: (1) Sections 113(b), 125(a), and 155(d) are amended by striking ( 50 U.S.C. 401 ( 50 U.S.C. 3002 (2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 231a(c)(1) are amended by striking ( 50 U.S.C. 404a ( 50 U.S.C. 3043 (3) Sections 167(g) 421(c) ( 50 U.S.C. 413 et seq. ( 50 U.S.C. 3091 et seq. (4) Section 201(b)(1) ( 50 U.S.C. 403–6(b) ( 50 U.S.C. 3041(b) (5) Section 429 (A) in subsection (a), by striking ( 50 U.S.C. 403–1 ( 50 U.S.C. 3024 (B) in subsection (e), by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (6) Section 442(d) ( 50 U.S.C. 404e(a) ( 50 U.S.C. 3045(a) (7) Section 444 (A) in subsection (b)(2), by striking ( 50 U.S.C. 403o ( 50 U.S.C. 3515 (B) in subsection (e)(2)(B), by striking ( 50 U.S.C. 403a et seq. ( 50 U.S.C. 3501 et seq. (8) Section 457 (A) in subsection (a), by striking ( 50 U.S.C. 431 ( 50 U.S.C. 3141 (B) in subsection (c), by striking ( 50 U.S.C. 431(b) ( 50 U.S.C. 3141(b) (9) Section 462 ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (10) Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (11) Section 1599a(a) ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (12) Section 1605(a)(2) ( 50 U.S.C. 403r ( 50 U.S.C. 3518 (13) Section 1623(a) ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (14) Section 2409(e) ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (15) Section 2501(a)(1)(A) ( 50 U.S.C. 404a ( 50 U.S.C. 3043 (16) Sections 2557(c) 2723(d)(2) ( 50 U.S.C. 413 ( 50 U.S.C. 3091 (e) Amendments to other defense-Related statutes To reflect reclassification of provisions of law codified in title 50, United States Code (1) The following provisions of law are amended by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (A) Section 911(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2271 (B) Sections 801(b)(3) and 911(e)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 10 U.S.C. 2304 (C) Section 812(e) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 10 U.S.C. 2501 (2) Section 901(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 137 ( 50 U.S.C. 401 et seq. ( 50 U.S.C. 3001 et seq. (f) Other cross-Reference amendments (1) Title 10, United States Code Title 10, United States Code, is amended as follows: (A) Section 2430(c)(2) section 2366a(a)(4) section 2366a(a)(7) (B) Section 7292(d)(2) section 1024(a) section 1018(a) (2) Title 40, United States Code Section 591(b)(2)(A) section 2394 of title 10 section 2922a of title 10 (g) Date of enactment references Title 10, United States Code, is amended as follows: (1) Section 1218(d)(3) on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 on October 28, 2014 (2) Section 1566a(a) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under Under (3) Section 2275(d) (A) in paragraph (1), by striking before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 before January 2, 2013 (B) in paragraph (2), by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 on or after January 2, 2013 (4) Section 2601a(e) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 after December 31, 2011, (5) Section 6328(c) on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 after October 27, 2009, (h) Other amendments to title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 118 (2) Section 407(a)(3)(A) as applicable (3) Section 429 (A) in subsection (a), by striking Section section (B) in subsection (c), by striking act law (4) Section 1074m(a)(2) subparagraph subparagraphs (5) Section 1154(a)(2)(A)(ii) U.S.C.1411 U.S.C. 1411 (6) Section 2222(g)(3) (A) (3) (7) Section 2335(d) (A) by designating the last sentence of paragraph (2) as paragraph (3); and (B) in paragraph (3), as so designated— (i) by inserting before Each of Other terms.— (ii) by striking the term that term (iii) by inserting Election Federal Campaign (8) Section 2371 (9) Section 2601a (A) in subsection (a)(1), by striking issue prescribe (B) in subsection (d), by striking issued prescribed (10) Section 2853(c)(1)(A) can be still be can still be (11) Section 2866(a)(4)(A) repayed repaid (12) Section 2884(c) on evaluation an evaluation (i) Transfer of section 2814 to chapter 631 (1) Transfer and redesignation Section 2814 chapter 631 (2) Conforming amendments Such section, as so transferred and redesignated, is amended— (A) in paragraphs (2) and (3)(B) of subsection (i), by striking this chapter chapter 169 of this title (B) by striking subsection (l) and inserting the following new subsection (l): (l) Definitions In this section: (1) The term appropriate committees of Congress section 2801 (2) The term property support services (A) Any utility service or other service listed in section 2686(a) (B) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities. . (3) Clerical amendments (A) The table of sections at the beginning of chapter 169 (B) The table of sections at the beginning of chapter 631 7206. Special authority for development of Ford Island, Hawaii. . (j) Coordination with other amendments made by this Act For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations Subsection (h) of section 2667 (4) (A) Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies: (i) The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions. (ii) A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution. (B) The renewal, extension or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii). . 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools (a) Authority Chapter 53 section 1033 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools (a) Authority (1) In general Subject to regulations prescribed under subsection (f), the United States may, notwithstanding section 105 201(b) (2) Printing Notwithstanding section 501 (b) Qualifying works A work is a qualifying work for purposes of this section if the work— (1) is prepared as part of a person’s official duties; and (2) meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. (c) Transfer of copyright Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the United States may transfer the copyright to the owner or publisher of the medium in which the work will be published. The United States shall maintain a perpetual, royalty-free license to use the scholarly work for any official purpose of the United States. (d) Royalties, etc No royalties or other compensation may be accepted by a person covered by subsection (a) by reason of copyright protection that exists by reason of subsection (a). (e) Covered institutions The institutions referred to in subsection (a) are the following: (1) The United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. (2) The National Defense University. (3) Any war college of the armed forces. (4) Any graduate-level college or university of the Department of Defense. (f) Regulations The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured under subsection (a) and the purposes for which the copyright may be secured. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item: 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools. . (c) Effective date Section 1033a 1044. Revision to statute of limitations for aviation insurance claims (a) In general Section 44309(c) (1) By inserting after time limitations. A claim under the authority of this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. (2) by striking , under section 2401 (3) by striking subsection (a) of (b) Effective date The amendments made by subsection (a) shall apply only with respect to claims arising after the date of the enactment of this Act. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense Section 601 of the Veterans Benefits Act of 2003 ( Public Law 108–183 601. Radiation Dose Reconstruction Program of the Department of Defense (a) Review and oversight The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program of the Department of Defense. (b) Duties In carrying out subsection (a), the Secretaries shall— (1) conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases; (2) communicate to veterans information on the mission, procedures, and evidentiary requirements of the Program; and (3) carry out such other activities with respect to the review and oversight of the Program as the Secretaries shall jointly specify. (c) Recommendations The Secretaries may make such recommendations on modifications in the mission or procedures of the Program as they consider appropriate as a result of the audits conducted under subsection (b)(1). . 1046. Authority to accept certain voluntary services Section 1588(a) (10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned. . 1047. Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration (a) Authority for Ocean Research Advisory Panel Subsection (a) of section 7903 (1) in the matter preceding paragraph (1)— (A) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (B) by striking Panel consisting Panel. The Panel shall consist (C) by striking chairman Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council (2) in paragraph (1), by striking National Academy of Science National Academies (3) by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (b) Responsibilities of panel Subsection (b) of such section is amended— (1) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) To advise the Council on the determination of scientific priorities and needs. (3) To provide the Council strategic advice regarding national ocean program execution and collaboration. . (c) Funding To support activities of panel Subsection (c) of such section is amended by striking Secretary of the Navy Secretary of Commerce 1048. Repeal and modification of reporting requirements (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 1073b (2) The table of sections at the beginning of chapter 55 (b) National Defense Authorization Acts (1) Fiscal year 2013 Section 112 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) Fiscal year 2012 Subsection (b) of section 1043 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 Public Law 113–66 (b) Form of reports Any report under subsection (a) may be submitted in classified form. . (3) Fiscal year 2008 Section 330(e)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68), as most recently amended by section 332 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1697), is amended by adding at the end the following new sentence: However, a report is not required under this paragraph for any fiscal year during which the Secretary concerned did not use the authority in subsection (a). (4) Fiscal year 2004 Subsection (d) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 Public Law 113–66 (A) in the heading, by striking quarterly annual (B) in paragraph (1)— (i) by striking fiscal-year quarter fiscal year (ii) by striking quarter fiscal year (C) in paragraph (2), by striking all of the quarterly reports that were the report (c) Inclusion of extremity trauma and amputation center of excellence annual report in the Department of Veterans Affairs and Department of Defense joint annual report on health care coordination and sharing activities (1) Section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4508) is amended by striking subsection (d). (2) Section 8111(f) (6) The two Secretaries shall include in the annual report under this subsection a report on the activities of the Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations (established pursuant to section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) during the one-year period ending on the date of such report. Such report shall include a description of the activities of the center and an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations. . XI Civilian personnel matters 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense (a) Senior management workforce Subsection (c) of section 115b (1) by striking paragraph (1) and inserting the following: (1) Each strategic workforce plan under subsection (a) shall— (A) specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and (B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community. ; and (2) in paragraph (2), by striking such senior management, functional, and technical workforce such senior management workforce and such senior functional and technical workforce (b) Highly qualified experts Such section is further amended— (1) in subsection (b)(2), by striking subsection (f)(1) subsection (h)(1) or (h)(2) (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following new subsection (f): (f) Highly qualified experts (1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprised of highly qualified experts appointed pursuant to section 9903 HQE workforce (2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce— (A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition; (B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies; (C) any incentives necessary to attract or retain HQE personnel; (D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and (E) any legislative changes that may be necessary to achieve HQE workforce goals. . (c) Definitions Subsection (h) of such section (as redesignated by subsection (b)(2)) is amended to read as follows: (h) Definitions In this section: (1) The term senior management workforce of the Department of Defense (A) Appointees in the Senior Executive Service under section 3131 (B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title. (2) The term senior functional and technical workforce of the Department of Defense (A) Persons serving in positions described in section 5376(a) (B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 Public Law 106–398 (C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 5 U.S.C. 3104 (D) Persons serving in Intelligence Senior Level positions under section 1607 (3) The term acquisition workforce section 1721 . (d) Conforming amendment The heading of subsection (c) of such section is amended to read as follows: Senior management workforce; senior functional and technical workforce.— (e) Formatting of annual report Subsections (d)(1) and (e)(1) of such section are amended by striking include a separate chapter to 1102. Authority to provide additional compensation for defense clandestine service employees Section 1603 (c) Additional compensation for employees of the defense clandestine service In addition to the authority to provide compensation under subsection (a), the Secretary of Defense may provide civilian employees of the Defense Clandestine Service allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law, if the Secretary determines such action is necessary to the operational effectiveness of the Defense Clandestine Service. . 1103. Pilot program for the temporary exchange of financial management personnel (a) Assignment authority The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee— (1) works in the field of financial management; (2) is considered by the Secretary of Defense to be an exceptional employee; and (3) is compensated at not less than the GS–11 level (or the equivalent). (b) Agreements The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— (1) shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and (2) shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation was for good and sufficient reason, as determined by the Secretary of Defense. An amount for which an employee is liable under paragraph (2) shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of such a debt based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States. (c) Termination An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned. (d) Duration An assignment under this section shall be for a period of not less than three months and not more than one year. No assignment under this section may commence after September 30, 2019. (e) Status of Federal employees assigned to private sector organization An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. (f) Terms and conditions for private sector employees An employee of a private sector organization who is assigned to a Department of Defense organization under this section— (1) shall continue to receive pay and benefits from the private sector organization from which such employee is assigned; (2) is deemed to be an employee of the Department of Defense for the purposes of— (A) chapter 73 (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) the Federal Tort Claims Act and any other Federal tort liability statute; (E) the Ethics in Government Act of 1978; (F) section 1043 (G) chapter 21 (H) subchapter I of chapter 81 (3) may not have access, while the employee is assigned to a Department of Defense organization, to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned. (g) Prohibition against charging certain costs to the Federal Government A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment. (h) Consideration The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management. (i) Numerical limitation Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time. XII Matters relating to foreign nations 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility (a) Authority In the case of a product or service to be acquired in support of Department of Defense activities in the United States Africa Command area of responsibility for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which— (1) competition is limited to products or services that are from Djibouti; or (2) a preference is provided for products or services that are from Djibouti. (b) Determination (1) A determination described in this subsection is a determination by the Secretary of either of the following: (A) That the product or service concerned is to be used only in support of activities described in subsection (a). (B) That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is necessary— (i) to reduce— (I) United States transportation costs; or (II) delivery times in support of activities described in subsection (a); or (ii) to promote regional security, stability, and economic prosperity in Africa. (2) A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect— (A) United States military operations or stability operations in the United States Africa Command area of responsibility; or (B) the United States industrial base. (c) Products and services from Djibouti For the purpose of this section: (1) A product is from Djibouti if it is mined, produced, or manufactured in Djibouti. (2) A service is from Djibouti if it is performed in Djibouti by citizens or residents of Djibouti. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability (a) Codification of permanent authority (1) Enactment in title 10 of section 1202 acquisition and cross-servicing agreement authority Chapter 138 section 2342 (A) a heading as follows: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability ; and (B) a text consisting of the text of subsections (a) through (d) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (2) Clerical amendment The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2342 the following new item: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability. . (b) Revisions to codified section The revisions to the text specified in subsection (a)(1)(B) are as follows: (1) Global authority In subsection (a)(1)— (A) insert military or stability combined (B) strike in Afghanistan (2) Conforming amendments In subsection (a)(3)— (A) in subparagraph (A), strike Afghanistan a combined military or stability operation with the United States (B) in subparagraph (C), strike Afghanistan or a a combined military or stability operation or (3) Reporting exception In subsection (a)(5)— (A) insert (A) Equipment may not (B) add at the end the following: (B) Exception The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used— (i) in a facility that is under the control of the United States; or (ii) in connection with training directed by United States personnel. . (4) Waiver in the case of combat loss of equipment At the end of subsection (a), insert the following new paragraph: (6) Waiver of reimbursement in the case of combat loss (A) Authority In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for— (i) reimbursement; (ii) replacement-in-kind; or (iii) exchange of supplies or services of an equal value. (B) Limitations Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States. . (5) Technical and clerical amendments (A) In subsection (a)(1), strike under subchapter I of chapter 138 (B) In subsection (d)(2)(B), strike Committee on International Relations Committee on Foreign Affairs (c) Repeal Section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (d) Retroactive application of waiver authority The authority in subsection (a)(6) of section 2342a 1203. Revisions to Global Security Contingency Fund authority (a) Types of assistance Subsection (c)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 22 U.S.C. 2151 the provision of equipment, supplies, and training. the provision of the following: (A) Equipment, including routine maintenance and repair of such equipment. (B) Supplies. (C) Small-scale construction not exceeding $750,000. (D) Training. . (b) Transfer authority Subsection (f)(1) of such section is amended by striking for Defense-wide activities (c) Two-Year extension of availability of funds Subsection (i) of such section is amended by striking September 30, 2015 September 30, 2017 (d) Extension of expiration date Subsection (p) of such section is amended— (1) by striking September 30, 2015 September 30, 2017 (2) by striking funds available for fiscal years 2012 through 2015 funds available for a fiscal year beginning before that date 1204. Increase in annual limitation on transfer of excess defense articles Section 516(g)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(g)(1) $425,000,000 $500,000,000 1205. One-year extension of Afghan Special Immigrant Visa Program (a) Extension Section 602(b)(3)(D) of the Afghan Allies Protection Act of 2009 (title VI of Public Law 111–8 (1) in the subparagraph heading, by striking fiscal year fiscal years (2) by striking For fiscal year 2014 For each of fiscal years 2014 and 2015 (3) by inserting per year 3,000 (4) by striking in fiscal year 2014 in fiscal years 2014 and 2015 (5) by striking of fiscal year 2015 of fiscal year 2016 (6) by striking September 30, 2014 September 30, 2015 (b) Technical amendments (1) Section 601 of such Act is amended by striking This Act This title (2) Section 602(c)(3) of such Act is amended by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 133 of title 41, United States Code 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense (a) Eligibility Subsection (a) of section 1051a (1) in the matter preceding paragraph (1)— (A) by striking The Secretary of Defense Subject to subsection (d), the Secretary of Defense (B) by striking involved in a military operation with the United States (C) by striking temporarily (2) in paragraph (1)— (A) by striking , component command, (B) by striking in connection with the planning for, or conduct of, a military operation (3) in paragraph (2), by striking To the headquarters of To the Joint Staff. (b) Travel, subsistence, and medical care expenses Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking to the headquarters of a combatant command (B) by inserting or by the Chairman of the Joint Chiefs of Staff, as appropriate (2) in paragraph (3), by striking if such travel if such travel meets each of the following conditions: (A) The travel is in support of the national interests of the United States. (B) The commander of the relevant combatant command or the Chairman of the Joint Chiefs of Staff, as applicable, directs round-trip travel from the assigned location to one or more travel locations. . (c) Terms of reimbursement Subsection (c) of such section is amended— (1) by striking To the extent that the Secretary determines appropriate, the The (2) by adding at the end the following new sentence: The terms of reimbursement shall be specified in the appropriate international agreement used to assign the liaison officer to a combatant command or to the Joint Staff. (d) Limitations and oversight Such section is further amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsection (d): (d) Limitations and oversight (1) The number of liaison officers supported under subsection (b)(1) may not exceed 60 at any one time, and the amount of unreimbursed support for any such liaison officer under that subsection in any fiscal year may not exceed $200,000 (in fiscal year 2014 constant dollars). (2) The Chairman of the Joint Chiefs of Staff shall be responsible for oversight of the use of the authority under this section, including implementation of the limitations in paragraph (1). . (e) Secretary of state concurrence Such section is further amended by inserting after subsection (d), as added by subsection (d)(2), the following new subsection (e): (e) Secretary of state concurrence The authority of the Secretary of Defense to provide administrative services and support under subsection (a) for the performance of duties by a liaison officer of another nation may be exercised only with respect to a liaison officer of another nation whose assignment as described in that subsection is accepted by the Secretary of Defense with the concurrence of the Secretary of State. . (f) Definition Subsection (f) of such section, as redesignated by subsection (d)(1), is amended by inserting training programs conducted to familiarize, orient, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, police protection, XIII Other authorizations A Military programs 1301. Working Capital Funds Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,234,468,000. 1302. Joint Urgent Operational Needs Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Urgent Operational Needs Fund in the amount of $20,000,000. 1303. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $828,868,000, of which— (1) $222,728,000 is for Operation and Maintenance; (2) $595,913,000 is for Research, Development, Test, and Evaluation; and (3) $10,227,000 is for Procurement. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $820,687,000. 1305. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $311,830,000, of which— (1) $310,830,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. 1306. Defense Health Program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $31,994,918,000, of which— (1) $31,031,911,000 is for Operation and Maintenance; (2) $654,594,000 is for Research, Development, Test, and Evaluation; and (3) $308,413,000 is for Procurement. B Other matters 1311. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $146,857,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 1312. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2015 from the Armed Forces Retirement Home Trust Fund the sum of $63,400,000 for the operation of the Armed Forces Retirement Home. XIV Uniformed and Overseas Citizens Absentee Voting Act amendments 1401. Pre-election reporting requirements on availability and transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended— (1) by designating the text of that subsection as paragraph (3) and indenting that paragraph, as so designated, two ems from the left margin; and (2) by inserting before paragraph (3), as so designated, the following new paragraphs: (1) Pre-election report on absentee ballot availability Not later than 55 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying that absentee ballots are available for transmission to absentee voters, or that it is aware of no circumstances that will prevent absentee ballots from being available for transmission by 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. (2) Pre-election report on absentee ballots transmitted Not later than 43 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying whether all absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election have been transmitted to such voters by such date. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. . (b) Conforming amendments (1) Subsection heading The heading for such subsection is amended to read as follows: Reports on absentee ballots (2) Paragraph heading Paragraph (3) of such subsection, as designated by subsection (a)(1), is amended by inserting Post-election report on number of absentee ballots transmitted and received Not later than 90 days 1402. Transmission requirements; repeal of waiver provision (a) In general Subsection (a)(8) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended by striking voter— voter by the date and in the manner determined under subsection (g); (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of such section is amended to read as follows: (g) Ballot transmission requirements (1) Requests received at least 46 days before an election for Federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply: (A) Time for transmittal of absentee ballot The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) General rule If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide, at the State’s expense, for the return of such ballot by express delivery. (iii) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act. (2) Requests received after 46th day before an election for Federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received less than 46 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request. . 1403. Clarification of State responsibility, civil penalties, and private right of action (a) Enforcement Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4 105. Enforcement (a) In general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. In any such action, the only necessary party defendant is the State. It shall not be a defense to such action that local election officials are not also named as defendants. (b) Civil penalty In a civil action brought under subsection (a), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— (1) in an amount not exceeding $110,000, for a first violation; and (2) in an amount not exceeding $220,000, for any subsequent violation. (c) Annual report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress a report on any civil action brought under subsection (a) during that year. (d) Private right of action A person who is aggrieved by a State's violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act. (e) Attorney's fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney's fees, including litigation expenses, and costs. . (b) Repeal of clarification regarding delegation of State responsibility Section 576 of the Military and Overseas Voter Empowerment Act ( 42 U.S.C. 1973ff–1 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) State responsibilities Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)(3)) is amended by striking general (b) Write-In absentee ballots Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) by striking general (2) by striking general 1405. Treatment of ballot requests (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (1) by striking A State may not (a) Prohibition of refusal of applications on grounds of early submission A State may not ; (2) by inserting or overseas voter an absent uniformed services voter (3) by striking members of the uniformed services (4) by inserting voters or overseas voters (5) by adding at the end the following new subsection: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exception for voters changing registration Paragraph (1) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State. . (b) Conforming amendment The heading of such section is amended to read as follows: 104. Treatment of ballot requests . 1406. Inclusion of Northern Mariana Islands in the definition of State Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests (a) Requirement The Presidential designee shall ensure that the official post card form (prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2))) enables a voter using the form to— (1) request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election; or (2) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (b) Definition In this section, the term Presidential designee 42 U.S.C. 1973ff(a) 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections Section 2(a) of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives 48 U.S.C. 1712(a) (1) by striking majority plurality (2) by striking the fourth sentence. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program (a) Elimination of reports for non-Election years Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) by striking March 31 of each year June 30 of each odd-numbered year (2) by striking the following information the following information with respect to the Federal elections held during the preceding calendar year (b) Conforming amendments Such section is further amended— (1) by striking annual report biennial report (2) by striking In the case of a description A description XV Authorization of additional appropriations for overseas contingency operations [RESERVED] XVI Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program 1601. Short title; table of contents (a) Short title This title may be cited as the Department of Defense Cooperative Threat Reduction Act (b) Table of contents The table of contents for this title is as follows: Sec. 1601. Short title; table of contents. Subtitle A—Program authorities Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program. Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities. Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1614. Use of funds for other purposes or for increased amounts. Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program. Subtitle B—Restrictions and limitations Sec. 1621. Prohibition on use of funds for specified purposes. Sec. 1622. Requirement for on-site managers. Sec. 1623. Limitation on use of funds until certain permits obtained. Subtitle C—Recurring certifications and reports Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities. Sec. 1632. Requirement to submit summary of amounts requested by project category. Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. Subtitle D—Repeals and transition provision Sec. 1641. Repeals. Sec. 1642. Transition provision. A Program authorities 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program (a) Authority Subject to any concurrence of the Secretary of State or other appropriate agency head under section 1612 or section 1613 (unless such concurrence is otherwise exempted by section 1642), the Secretary of Defense may, carry out a program, referred to as the Department of Defense Cooperative Threat Reduction Program (1) Facilitate the elimination, and the safe and secure transportation and storage, of chemical, biological, or other weapons, weapons components, weapons-related materials, and their delivery vehicles. (2) Facilitate— (A) the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and their delivery vehicles; and (B) the elimination of nuclear weapons components and nuclear weapons delivery vehicles. (3) Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology and expertise. (4) Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be utilized as an early warning mechanism for disease outbreaks that could impact the armed forces of the United States or allies of the United States. (5) Prevent the proliferation of weapons of mass destruction-related materials, including all materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and their means of delivery. (6) Carry out military-to-military and defense contacts for advancing the mission of the Department of Defense Cooperative Threat Reduction Program, subject to subsection (e). (b) Scope of authority The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide cash directly to such project or activity. (c) Type of program The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. Such cooperation may also involve the funding of critical short-term requirements related to weapons destruction. (d) Reimbursement of other agencies The Secretary of Defense may reimburse other United States Government departments and agencies under this section for costs of participation in the Program carried out under subsection (a). (e) Military-to-Military and defense contacts The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)— (1) are focused and expanded to support specific relationship-building opportunities, which could lead to Department of Defense Cooperative Threat Reduction Program development in new geographic areas and achieve other Department of Defense Cooperative Threat Reduction Program benefits; (2) are directly administered as part of the Department of Defense Cooperative Threat Reduction Program; and (3) include cooperation and coordination with— (A) the unified combatant commands; and (B) the Department of State. (f) Prior notice to Congress of obligation of funds (1) Annual requirement Not less than 15 days before any obligation of any funds appropriated for any fiscal year for a program specified under this section, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation for that program for that fiscal year. (2) Matters to be specified in reports Each such report shall specify— (A) the activities and forms of assistance for which the Secretary of Defense plans to obligate funds; (B) the amount of the proposed obligation; and (C) the projected involvement (if any) of any department or agency of the United States (in addition to the Department of Defense) and of the private sector of the United States in the activities and forms of assistance for which the Secretary of Defense plans to obligate such funds. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities (a) Authority For purposes of the Program specified in section 1611, the Secretary of Defense may obligate and expend Department of Defense Cooperative Threat Reduction funds for a fiscal year, and any Department of Defense Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following: (1) That such project or activity will— (A) assist the United States in the resolution of a critical emerging proliferation threat; or (B) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals. (2) That such project or activity will be completed in a short period of time. (3) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity. (b) Congressional notification Not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity, the Secretary of Defense shall notify the congressional defense committees and the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of the determinations made under subsection (a) with respect to such project or activity, together with— (1) a justification for such determinations; and (2) a description of the scope and duration of such project or activity. (c) Non-Defense agency partner-Nation contacts For military-to-military and defense contacts carried out under section 1611(a)(6), as further described in section 1611(e), concurrence of the Secretary of State is required only for participation by personnel from non-defense agencies. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities (a) In general Subject to the requirements under subsection (b) or (c), as applicable, not more than 15 percent of the total amounts appropriated or otherwise made available for any fiscal year for the Department of Defense Cooperative Threat Reduction Program may be expended, notwithstanding any other law, for activities described under subsections (b)(1)(B) and (c)(1)(B). (b) Secretary of Defense determination and notice (1) Determination Subject to paragraph (2), amounts may be expended by the Secretary of Defense as described in subsection (a) if the Secretary makes a written determination that— (A) a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently; (B) certain provisions of law would unnecessarily impede the Secretary’s ability to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat; and (C) it is necessary to expend amounts as described in subsection (a) to carry out such activities. (2) Concurrence required A determination by the Secretary of Defense under paragraph (1) may only be made with the concurrence of the Secretary of State and the Secretary of Energy. (3) Notice required Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following: (A) The determination. (B) The activities to be undertaken by the Department of Defense Cooperative Threat Reduction Program. (C) The expected timeframe for such activities. (D) The expected costs of such activities. (c) Presidential determination and notice (1) Determination Amounts may be made available if the President makes a written determination that— (A) a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently in an ungoverned area or an area that is not controlled by an effective governmental authority, as determined by the Secretary of State; and (B) it is necessary to make available amounts as described in subsection (a) to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat. (2) Notice required Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following: (A) The determination. (B) The activities to be undertaken through the Department of Defense Cooperative Threat Reduction Program. (C) The expected timeframe for such activities. (D) The expected costs of such activities. 1614. Use of funds for other purposes or for increased amounts (a) Notice to Congress of intent To use funds for other purposes (1) Report For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, amounts appropriated or otherwise made available for the Department of Defense Cooperative Threat Reduction Program for that fiscal year may be obligated or expended for a Department of Defense Cooperative Threat Reduction purpose other than one of the purposes so specified if— (A) the Secretary of Defense determines that it is necessary to do so in the national interest; and (B) the requirements of subsection (c) have been met. (2) Construction with other laws Nothing in paragraph (1) shall be construed as authorizing the obligation or expenditure of Department of Defense Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under any provision of law. (b) Limited authority To vary individual amounts provided for any fiscal year for specified purposes For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, the Secretary of Defense, subject to subsection (c), may obligate funds appropriated or otherwise made available for any such purpose for that fiscal year in excess of the specific amount so authorized for that purpose if— (1) the Secretary of Defense determines that it is necessary to do so in the national interest; and (2) the requirements of subsection (c) have been met. (c) Notice-and-Wait requirements The requirements of this subsection for purposes of subsections (a) and (b) are that— (1) the Secretary submit to the congressional defense committees notification of the intent to obligate funds as described in subsection (a) or (b), together with a complete discussion of the justification for doing so and, in the case of a report for purposes of subsection (a), a statement of the purpose for which the funds will be used and the amount of funds to be used; and (2) 15 days have elapsed following the date of the notification. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program (a) Authority To enter into agreements (1) Authority Subject to paragraph (2), the Secretary of Defense may enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) that the Secretary of Defense considers appropriate under which the person contributes funds for activities conducted under the Department of Defense Cooperative Threat Reduction Program. (2) Requirement for secretary of state concurrence The Secretary of Defense may enter into an agreement under this subsection only with the concurrence of the Secretary of State. (b) Retention and use of amounts Notwithstanding section 3302 (c) Return of amounts not obligated or expended within three years If the Secretary of Defense does not obligate or expend an amount contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution. (d) Notice to congressional defense committees (1) In general Not later than 30 days after receiving an amount contributed pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a notice— (A) specifying the value of the contribution and the purpose for which the contribution was made; and (B) identifying the person who made the contribution. (2) Limitation on use of amounts The Secretary of Defense may not obligate an amount contributed pursuant to subsection (a) until the date that is 15 days after the date on which the Secretary submits the notice required by paragraph (1). (e) Annual report Not later than the first Monday in February of each year, the Secretary of Defense shall submit to the congressional defense committees a report on amounts contributed pursuant to subsection (a) during the preceding fiscal year. Each such report shall include, for the fiscal year covered by the report, the following: (1) A statement of any amounts contributed pursuant to subsection (a), including, for each such amount, the value of the contribution and the identity of the person who made the contribution. (2) A statement of any amounts so contributed that were obligated or expended by the Secretary of Defense, including, for each such amount, the purposes for which the amount was obligated or expended. (3) A statement of any amounts so contributed that were retained but not obligated or expended, including, for each such amount, the purposes (if known) for which the Secretary of Defense intends to obligate or expend the amount. (f) Implementation plan The Secretary of Defense shall submit to the congressional defense committees an implementation plan for the authority provided under this section prior to obligating or expending any amounts contributed pursuant to subsection (a). The Secretary of Defense shall submit updates to such plan as needed. B Restrictions and limitations 1621. Prohibition on use of funds for specified purposes (a) In general Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for any of the following purposes: (1) Conducting any peacekeeping exercise or other peacekeeping-related activity. (2) Provision of housing. (3) Provision of assistance to promote environmental restoration. (4) Provision of assistance to promote job retraining. (5) Provision of assistance to promote defense conversion. (b) Limitation with respect to conventional weapons Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for elimination of— (1) conventional weapons; or (2) conventional weapons delivery vehicles, unless such delivery vehicles could reasonably be used or adapted to be used for the delivery of chemical, nuclear, or biological weapons. 1622. Requirement for on-site managers (a) On-Site manager requirement Before obligating any Department of Defense Cooperative Threat Reduction Program funds for a project described in subsection (b), the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government. (b) Projects covered Subsection (a) applies to a project— (1) to be located in a state of the former Soviet Union; (2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and (3) with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000. (c) Duties of on-Site manager The on-site manager appointed under subsection (a) shall— (1) develop, in cooperation with representatives from governments of states participating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals; (2) establish a schedule for completing those steps or activities; (3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and (4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Defense to resume United States participation. (d) Authority To manage more than one project (1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations. (2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000. (e) Steps or activities Steps or activities referred to in subsection (c)(1) are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following: (1) Identification and acquisition of permits (as defined in section 1623). (2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification. (3) Timely provision of financial, personnel, management, transportation, and other resources. (f) Notification to Congress In any case in which the Secretary of Defense directs an on-site manager to resume United States participation in a project under subsection (c)(4), the Secretary shall concurrently notify the congressional defense committees of such direction. 1623. Limitation on use of funds until certain permits obtained (a) In general The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Department of Defense Cooperative Threat Reduction Program in a state of the former Soviet Union before obligating significant amounts of funding for that phase of the project. (b) Use of funds for new construction projects Except as provided in subsection (c), with respect to a new construction project to be carried out by the Department of Defense Cooperative Threat Reduction Program, not more than 40 percent of the total costs of the project may be obligated from Department of Defense Cooperative Threat Reduction Program funds for any fiscal year until the Secretary of Defense— (1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and (2) obtains from the State in which the project is to be located any permits that may be required to begin construction. (c) Exception to limitations on use of funds The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary of Defense— (1) determines that it is necessary in the national interest to obligate funds for such project; and (2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so. (d) Definitions In this section, with respect to a project under the Department of Defense Cooperative Threat Reduction Program: (1) New construction project The term new construction project (2) Permit The term permit C Recurring certifications and reports 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows: (1) Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed. (2) Whether or not the government of such state remains committed to the use of such facility for its intended purpose. (3) Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken. 1632. Requirement to submit summary of amounts requested by project category (a) Summary required The Secretary of Defense shall submit to the congressional defense committees in the materials and manner specified in subsection (c)— (1) a descriptive summary, with respect to the appropriations requested for the Department of Defense Cooperative Threat Reduction Program for the fiscal year after the fiscal year in which the summary is submitted, of the amounts requested for each project category under each Department of Defense Cooperative Threat Reduction program element; and (2) a descriptive summary, with respect to appropriations for the Department of Defense Cooperative Threat Reduction Program for the fiscal year in which the list is submitted and the previous fiscal year, of the amounts obligated or expended, or planned to be obligated or expended, for each project category under each Department of Defense Cooperative Threat Reduction program element. (b) Description of purpose and intent The descriptive summary required under subsection (a) shall include a narrative description of each program and project category under each Department of Defense Cooperative Threat Reduction program element that explains the purpose and intent of the funds requested. (c) Inclusion in certain materials submitted to Congress The summary required to be submitted in a fiscal year under subsection (a) shall be set forth by project category, and by amounts specified in paragraphs (1) and (2) of that subsection in connection with such project category, in each of the following: (1) The annual report on activities and assistance under the Department of Defense Cooperative Threat Reduction Program required in such fiscal year under section 1633. (2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under section 1105(a) 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program (a) Annual report In any year in which the budget of the President under section 1105 (b) Deadline for report The report under subsection (a) shall be submitted not later than the first Monday in February of a year. (c) Matters To be included The report under subsection (a) in a year shall set forth the following: (1) An estimate of the total amount that will be required to be expended by the United States in order to achieve the objectives of the Department of Defense Cooperative Threat Reduction Program. (2) A five-year plan setting forth the amount of funds and other resources proposed to be provided by the United States for the Department of Defense Cooperative Threat Reduction Program over the term of the plan, including the purpose for which such funds and resources will be used, and to provide guidance for the preparation of annual budget submissions with respect to the Department of Defense Cooperative Threat Reduction Program. (3) A description of the Department of Defense Cooperative Threat Reduction activities carried out during the fiscal year ending in the year preceding the year of the report, including— (A) the amounts notified, obligated, and expended for such activities and the purposes for which such amounts were notified, obligated, and expended for such fiscal year and cumulatively for the Department of Defense Cooperative Threat Reduction Program; (B) a description of the participation, if any, of each department and agency of the United States Government in such activities; (C) a description of such activities, including the forms of assistance provided; (D) a description of the United States private sector participation in the portion of such activities that were supported by the obligation and expenditure of funds for the Department of Defense Cooperative Threat Reduction Program; and (E) such other information as the Secretary of Defense considers appropriate to inform Congress fully of the operation of Department of Defense Cooperative Threat Reduction programs and activities, including with respect to proposed demilitarization or conversion projects, information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities. (4) A description of the means (including program management, audits, examinations, and other means) used by the United States during the fiscal year ending in the year preceding the year of the report to ensure that assistance provided under the Department of Defense Cooperative Threat Reduction Program is fully accounted for, that such assistance is being used for its intended purpose, and that such assistance is being used efficiently and effectively, including— (A) if such assistance consisted of equipment, a description of the current location of such equipment and the current condition of such equipment; (B) if such assistance consisted of contracts or other services, a description of the status of such contracts or services and the methods used to ensure that such contracts and services are being used for their intended purpose; (C) a determination whether the assistance described in subparagraphs (A) and (B) has been used for its intended purpose and an assessment of whether the assistance being provided is being used effectively and efficiently; and (D) a description of the efforts planned to be carried out during the fiscal year beginning in the year of the report to ensure that Department of Defense Cooperative Threat Reduction assistance provided during such fiscal year is fully accounted for and is used for its intended purpose. (5) A description of the defense and military activities carried out under the Department of Defense Cooperative Threat Reduction Program, including under the Defense and Military Contacts program during the fiscal year ending in the year preceding the year of the report, including— (A) the amounts obligated or expended for such activities; (B) the strategy, goals, and objectives for which such amounts were obligated and expended; (C) a description of the activities carried out, including the forms of assistance provided, and the justification for each form of assistance provided; (D) the success of each activity, including the goals and objectives achieved for each; (E) a description of participation by private sector entities in the United States in carrying out such activities, and the participation of any other Federal department or agency in such activities; and (F) any other information that the Secretary considers relevant to provide a complete description of the operation and success of activities carried out under the Department of Defense Cooperative Threat Reduction Program. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program The Secretary of Defense shall implement metrics to measure the impact and effectiveness of activities of the Department of Defense Cooperative Threat Reduction Program to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weapons-related materials, technologies, and expertise. D Repeals and transition provision 1641. Repeals The following provisions of law are repealed: (1) Sections 212, 221, 222, and 231 of the Soviet Nuclear Threat Reduction Act of 1991 (Public Law 102–228; 22 U.S.C. 2551 (2) Sections 1412 and 1431 of the Former Soviet Union Demilitarization Act ( Public Law 102–484 (3) Sections 1203, 1204, 1206, and 1208 of the Cooperative Threat Reduction Act of 1993 (title XII of the National Defense Authorization Act for Fiscal Year 1994; Public Law 103–160; 22 U.S.C. 5952 (4) Section 1205 of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 22 U.S.C. 5955 (5) Section 1501 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 (6) Section 1307 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 22 U.S.C. 5952 (7) Section 1303 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (8) Sections 1303, 1304, 1306, and 1308 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (9) Section 1304 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 (10) Sections 1305 and 1306 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 22 U.S.C. 5952 (11) Sections 1303, 1305, 1307, and 1308 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 22 U.S.C. 5960 (12) Sections 1303, 1304, 1305, and 1306 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 22 U.S.C. 5952 1642. Transition provision Any determination made before the date of the enactment of this Act under section 1308(a) of the National Defense Authorization Act for Fiscal Year 2004 (22 U.S.C. 5963(a)) shall be treated as a determination under section 1612(a). Any determination made before the date of the enactment of this Act under section 1305(b) of the National Defense Authorization Act for Fiscal Year 2010 ( 22 U.S.C. 5965 B Military construction authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2015 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. XXI Army military construction 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation Amount California Concord $15,200,000 Fort Irwin $45,000,000 Colorado Fort Carson $89,000,000 Hawaii Fort Shafter $96,000,000 Kentucky Fort Campbell $23,000,000 New York Fort Drum $27,000,000 Pennsylvania Letterkenny Army Depot $16,000,000 South Carolina Fort Jackson $52,000,000 Virginia Joint Base Langley-Eustis $7,700,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation Amount Cuba Guantanamo Bay $23,800,000 Japan Kadena AB $10,600,000. 2102. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation Units Amount Illinois Rock Island 33 $19,500,000 Korea Camp Walker 90 $57,800,000. 2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $969,012,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $370,900,000. (2) For military construction projects outside the United States authorized by section 2101(b), $34,400,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $78,609,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $350,976,000. (6) For the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2104. Modification of authority to carry out certain fiscal year 2004 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project. 2105. Modification of authority to carry out certain fiscal year 2013 projects (a) Fort Drum (1) In executing the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company's gas line to the installation boundary. (2) The capital contribution under subsection (a) is not considered a change in the scope of work under section 2853 (b) Fort Leonard Wood In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit. (c) Fort McNair In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage. 2106. Extension of authorizations of certain fiscal year 2011 project (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) as follows: Army: Extension of 2011 Project Authorizations State/Country Installation or Project Amount Georgia Fort Benning Land Acquisition $12,200,000. 2107. Extension of authorizations of certain fiscal year 2012 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) as follows: Army: Extension of 2012 Project Authorizations State Installation or Project Amount Georgia Fort Benning Land Acquisition $5,100,000 Land Acquisition $25,000,000 North Carolina Fort Bragg Unmanned Aerial Vehicle Maintenance Hangar $54,000,000 Texas Fort Bliss Applied Instruction Building $8,300,000 Vehicle Maintenance Facility $19,000,000 Fort Hood Unmanned Aerial Vehicle Maintenance Hangar $47,000,000 Virginia Fort Belvoir Road and Infrastructure Improvements $25,000,000. XXII Navy military construction 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation Amount Arizona Yuma $16,608,000 California Bridgeport $16,180,000 San Diego $47,110,000 District of Columbia Naval Support Activity Washington $31,735,000 Florida Jacksonville $30,235,000 Mayport $20,520,000 Hawaii Kaneohe Bay $53,382,000 Pearl Harbor $9,698,000 Maryland Annapolis $120,112,000 Indian Head $15,346,000 Patuxent River $9,860,000 Nevada Fallon $31,262,000 North Carolina Cherry Point Marine Corps Air Station $41,588,000 Pennsylvania Philadelphia $23,985,000 South Carolina Charleston $35,716,000 Virginia Dahlgren $27,313,000 Norfolk $39,274,000 Portsmouth $9,743,000 Quantico $12,613,000 Yorktown $26,988,000 Washington Bremerton $16,401,000 Port Angeles $20,638,000 Whidbey Island $24,390,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation Amount Bahrain Island SW Asia $27,826,000 Djibouti Camp Lemonier $9,923,000 Guam Joint Region Marianas $50,651,000 Japan Iwakuni $6,415,000 Kadena AB $19,411,000 MCAS Futenma $4,639,000 Okinawa $35,685,000 Spain Rota $20,233,000 Worldwide Unspecified Unspecified Worldwide Locations $38,985,000. 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000. 2203. Improvements to military family housing units Subject to section 2825 2204. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,389,213,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $680,697,000. (2) For military construction projects outside the United States authorized by section 2201(b), $213,768,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $16,412,000. (B) For support of military family housing (including functions described in section 2833 (6) For the construction of increment 4 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 2205. Modification of authority to carry out certain fiscal year 2012 projects (a) Yuma In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (b) Camp Pendleton In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (c) Kings Bay In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). 2206. Modification of authority to carry out certain fiscal year 2014 project In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990). 2207. Extension of authorizations of certain fiscal year 2011 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/Country Installation or Project Amount Bahrain Southwest Asia Navy Central Command Ammunition Magazines $89,280,000 Guam Naval Activities, Guam Defense Access Roads Improvements $66,730,000. 2208. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2012 Project Authorizations State/Country Installation or Project Amount California Camp Pendleton North Area Waste Water Conveyance $78,271,000 Infantry Squad Defense Range $29,187,000 Twentynine Palms Land Expansion $8,665,000 Florida Jacksonville P–8A Hangar Upgrades $6,085,000 Georgia Kings Bay Crab Island Security Enclave $52,913,000 WRA Land/Water Interface $33,150,000 Maryland Patuxent River Aircraft Prototype Facility Phase 2 $45,844,000. XXIII Air Force military construction 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation Amount Alaska Clear AFS $11,500,000 Arizona Luke AFB $26,800,000 Kansas McConnell AFB $34,400,000 Massachusetts Hanscom AFB $13,500,000 Nevada Nellis AFB $53,900,000 New Jersey Joint Base McGuire-Dix-Lakehurst $5,900,000 Oklahoma Tinker AFB $111,000,000 Texas Joint Base San Antonio $5,800,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation Amount Guam Joint Region Marianas $13,400,000 United Kingdom Croughton RAF $92,223,000. 2302. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,139,521,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $262,800,000. (2) For military construction projects outside the United States authorized by section 2301(b), $105,623,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 (6) For the construction of increment 2 of the United States Cyber Command Joint Operations Center at Fort Meade, Maryland, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 992), $166,000,000. (7) For the construction of increment 4 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (8) For the construction of increment 2 of the Guam Strike Fuel Systems Maintenance Hangar at Joint Base Marianas, Guam, authorized by section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1671), $64,000,000. 2303. Modification of authority to carry out certain fiscal year 2008 project In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015. 2304. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2011 Project Authorizations State Installation or Project Amount Bahrain, SW Asia Shaikh Isa AB North Apron Expansion $45,000,000. 2305. Extension of authorizations of certain fiscal year 2012 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2012 Project Authorizations State Installation or Project Amount Alaska Eielson AFB Dormitory (168 RM) $45,000,000 Italy Sigonella Naval Air Station UAS SATCOM Relay Pads and Facility $15,000,000. XXIV Defense agencies military construction A Defense agency authorizations 2401. Authorized defense agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation Amount Arizona Fort Huachuca $1,871,000 California Camp Pendleton $11,841,000 Coronado $70,340,000 Lemoore $52,500,000 Colorado Peterson AFB $15,200,000 Conus Classified Classified Location $53,073,000 Georgia Hunter Army Airfield $7,692,000 Robins AFB $19,900,000 Hawaii Joint Base Pearl Harbor-Hickam $52,900,000 Kentucky Fort Campbell $18,000,000 Maryland Fort Meade $54,207,000 Joint Base Andrews $18,300,000 Mississippi Stennis $27,547,000 Michigan Selfridge ANGB $35,100,000 Nevada Fallon $20,241,000 New Mexico Cannon AFB $23,333,000 North Carolina Camp Lejeune $52,748,000 Fort Bragg $93,136,000 Seymour Johnson AFB $8,500,000 South Carolina Beaufort $40,600,000 South Dakota Ellsworth AFB $8,000,000 Texas Joint Base San Antonio $38,300,000 Virginia Craney Island $36,500,000 Def Distribution Depot Richmond $5,700,000 Fort Belvoir $7,239,000 Joint Base Langley-Eustis $41,200,000 Joint Expeditionary Base Little Creek-Story $39,588,000 Pentagon $15,100,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation Amount Australia Geraldton $9,600,000 Belgium Brussels $79,544,000 Cuba Guantanamo Bay $76,290,000 Japan Misawa AB $37,775,000 Okinawa $170,901,000 Sasebo $37,681,000. 2402. Authorized energy conservation projects Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 2403. Authorization of appropriations, defense agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $2,124,652,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $868,656,000. (2) For military construction projects outside the United States authorized by section 2401(b), $411,791,000. (3) For unspecified minor military construction projects under section 2805 (4) For contingency construction projects of the Secretary of Defense under section 2804 (5) For architectural and engineering services and construction design under section 2807 (6) For energy conservation projects under chapter 173 (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 (B) For credits (including amounts authorized for and appropriated) to the Department of Defense Family Housing Improvement Fund for functions under section 2883 (C) For credits to the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 (8) For the construction of increment 6 of the Hospital Replacement at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 (9) For the construction of increment 3 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 (10) For the construction of increment 4 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2404. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2011 Project Authorizations State/Country Installation or Project Amount District of Columbia Bolling Air Force Base Cooling Tower Expansion $2,070,000 DIAC Parking Garage $13,586,000 Electrical Upgrades $1,080,000. 2405. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or Project Amount Italy USAG Vicenza Vicenza High School (Replacement) $41,864,000 Germany USAG Baumholder Wetzel-Smith Elementary School (Replacement) $59,419,000 Japan Yokota Air Base Yokota High School (Replace/Renovate) $49,606,000. 2406. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or Project Amount California Coronado SOF Support Activity Operations Facility $42,000,000 Virginia Pentagon Reservation Heliport Control Tower and Fire Station $6,457,000 Pentagon Memorial Pedestrian Plaza $2,285,000. B Chemical demilitarization authorizations 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for the construction of phase XV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 107–314 2412. Modification of authority to carry out certain fiscal year 2000 project (a) Modification The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 107–314 (1) in the item relating to Blue Grass Army Depot, Kentucky, by striking $746,000,000 $780,000,000 (2) by striking the amount identified as the total in the amount column and inserting $1,237,920,000 (b) Conforming amendment Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 110–417 Public Law 111–383 $723,200,000 $757,200,000 XXV North Atlantic Treaty Organization Security Investment Program 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $199,700,000. XXVI Guard and reserve forces facilities A Project authorizations and authorization of appropriations 2601. Authorized Army National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Installation Amount Maine Augusta $32,000,000 Maryland Havre de Grace $12,400,000 Montana Helena $38,000,000 North Dakota Valley City $10,800,000 Vermont North Hyde Park $4,400,000. 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation Amount California Fresno $22,000,000 Colorado Fort Carson $5,000,000 New Jersey Joint Base McGuire-Dix-Lakehurst $26,000,000 New York Mattydale $23,000,000 Virginia Fort Lee $16,000,000. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation Amount Pennsylvania Pittsburgh $17,650,000 Washington Whidbey Island $27,755,000. 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation Amount Connecticut Bradley International Airport $16,306,000 Iowa Des Moines Municipal Airport $8,993,000 Michigan W.K. Kellogg Regional Airport $6,000,000 New Hampshire Pease International Trade Port $41,902,000 Pennsylvania Horsham Air Guard Station (Willow Grove) $5,662,000. 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount Georgia Robins AFB $27,700,000 North Carolina Seymour Johnson AFB $9,800,000 Texas Fort Worth $3,700,000. 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 (1) For the Department of the Army, for the Army National Guard of the United States, $126,920,000. (2) For the Department of the Army, for the Army Reserve, $103,946,000. (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $51,528,000. (4) For the Department of the Air Force, for the Air National Guard of the United States, $94,663,000. (5) For the Department of the Air Force, for the Air Force Reserve, $49,492,000. B Other matters 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects (a) Kansas City (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Kansas City, construct a new facility in the vicinity of Kansas City, Kansas. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Attleboro (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2612. Modification of authority to carry out certain fiscal year 2013 project In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility. 2613. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Extension of 2011 National Guard and State Installation Project Amount Puerto Rico Camp Santiago Multi Purpose Machine Gun Range $9,200,000. XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 (1) For the Department of the Army, $84,417,000. (2) For the Department of the Navy, $94,692,000. (3) For the Department of the Air Force, $90,976,000. XXVIII Military construction general provisions 2801. Revisions to minor military construction authorities (a) Establishment of minor military construction exception threshold Subsection (a) of section 2805 (3) For purposes of this section, the minor military construction exception threshold is $4,000,000. . (b) Increase in dollar thresholds for certain authorities relating to unspecified minor military construction (1) Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening Subsection (a)(2) of such section is amended by striking $3,000,000 the minor military construction exception threshold (2) Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects Subsection (c) of such section is amended by striking $750,000 $1,000,000 (c) Increased threshold for application of secretarial approval and congressional notification requirements Subsection (b)(1) of such section is amended by striking $750,000 the amount specified in subsection (c) 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities Section 2805 (f) Adjustment of dollar limitations for location Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project. . 2803. Change in authorities relating to scope of work variations for military construction projects (a) Limited authority for scope of work increase Section 2853 (1) in subsection (b)(2), by striking The scope of work Except as provided in subsection (d), the scope of work (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new subsection (d): (d) The limitation in subsection (b)(2) on an increase in the scope of work does not apply if— (1) the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition; (2) the increase is approved by the Secretary concerned; (3) the Secretary concerned notifies the appropriate committees of Congress in writing of the increase in scope and the reasons therefor; and (4) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 . (b) Cross-Reference amendments (1) Subsection (a) of such section is amended by striking subsection (c) or (d) subsection (c), (d), or (e) (2) Subsection (f) of such section, as redesignated by subsection (a)(2), is amended by striking through (d) through (e) (c) Additional technical amendments (1) Conformity with general title 10 style Subsection (a) of such section is further amended by inserting of this title section 2805(a) (2) Deletion of surplus word Subsection (c)(1)(A) of such section is amended by striking be Congress can 2804. Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities (a) Authority To accept from State and local government Section 2913(c) or a State or local government, a gas or electric utility, (b) Retention of receipts Section 2912(c) from gas or electric utilities 2805. Clarification of authority to enter into energy saving performance contracts (a) Definition of energy savings Paragraph (2)(A) of section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (2) by inserting after clause (i) the following new clause (ii): (ii) with respect to operating equipment covered by a lease or purchase referred to in clause (i)— (I) repair or modification of existing buildings and infrastructure to accommodate the operating equipment; or (II) construction of buildings, structures, and infrastructure to accommodate the operating equipment in order to provide necessary support to the primary function of the operating equipment; . (b) Oversight Section 801 of such Act ( 42 U.S.C. 8287 (d) Additional rules for Department of Defense With respect to the Department of Defense— (1) when a decision to carry out an energy savings performance contract that includes construction of a new facility with an estimated value of $10,000,000 or more or a new facility that will cover more than 5,000 square feet of land, the project shall be subject to the same requirements and limitations as apply under section 2805(b)(2) (2) when a decision is made to carry out an energy savings performance contract that includes a repair project with an estimated cost of $7,500,000 or more, the project shall be subject to the same requirements and limitations as apply under section 2811 of title 10, United States Code, to a project subject to that section. . 2806. Production and use of natural gas at Fort Knox, Kentucky (a) In general Chapter 449 4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky (a) Authority The Secretary of the Army may provide, by contract or otherwise, for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 352 (b) Limitation on uses Any natural gas produced under the authority of subsection (a) may only be used to support activities and operations at Fort Knox and may not be sold for use elsewhere. (c) Ownership of facilities The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from a contractor in accordance with the terms of a contract or other agreement entered into pursuant to subsection (a). . (b) Limitation on application elsewhere Nothing in this section shall be construed as authorizing the production, treatment, management, or use of natural gas resources underlying any Department of Defense installation other than Fort Knox. (c) Effective date The authority of the Secretary of the Army under section 4781 (d) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky. . 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions (a) Authority To credit reimbursed funds to accounts currently available The first sentence of section 2695(c) (1) by striking shall be credited to shall be credited, at the option of the Secretary concerned, to (1) (2) by inserting before the period at the end the following: , or (2) an appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid (b) Prospective applicability The amendments made by subsection (a) shall not apply with respect to expenses incurred with appropriations provided to the Secretary of a military department before the date of the enactment of this Act. XXIX Defense base closure and realignment 2901. Short title and purpose (a) Short title This title may be cited as the Defense Base Closure and Realignment Act of 2014 (b) Purpose The purpose of this title is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States. 2902. The Commission (a) Establishment There is established an independent commission to be known as the Defense Base Closure and Realignment Commission (b) Duties The Commission shall carry out the duties specified for it in this title. (c) Appointment (1) (A) The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate. (B) Subject to the certifications required under section 2903(b), the President may commence a round for the selection of military installations for closure and realignment under this title in 2017 by transmitting to the Senate, not later than March 1, 2017, nominations for appointment to the Commission. (C) If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with— (A) the Speaker of the House of Representatives concerning the appointment of two members; (B) the majority leader of the Senate concerning the appointment of two members; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission. (d) Terms (1) Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission. (2) The Chairman of the Commission shall serve until the confirmation of a successor. (e) Meetings (1) The Commission shall meet only during calendar year 2017. (2) (A) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (B) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: (i) The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (ii) The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (iii) The Chairmen and ranking minority party members of the subcommittees with jurisdiction for military construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the subcommittees designated by such Chairmen or ranking minority party members. (f) Vacancies A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (g) Pay and travel expenses (1) (A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 5703 (h) Director of staff (1) The Commission shall, without regard to section 5311 (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 (i) Staff (1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 (3) (A) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense. (B) (i) Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission. (ii) No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency. (C) A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations. (D) No member of the armed forces, and no officer or employee of the Department of Defense, may— (i) prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff; (ii) review the preparation of such a report; or (iii) approve or disapprove such a report. (4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this title. (5) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (6) The following restrictions relating to the personnel of the Commission shall apply during the period beginning January 1, 2018, and ending April 15, 2018: (A) There may not be more than 15 persons on the staff at any one time. (B) The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year. (C) No member of the armed forces and no employee of the Department of Defense may serve on the staff. (j) Other authority (1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) Funding (1) There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this title. Such funds shall remain available until expended. (2) If no funds are appropriated to the Commission by the end of the second session of the 114th Congress, the Secretary of Defense may transfer to the Commission for purposes of its activities under this title in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended. (l) Termination The Commission shall terminate on April 15, 2018. (m) Prohibition against restricting communications Section 1034 2903. Procedure for making recommendations for base closures and realignments (a) Force-Structure plan and infrastructure inventory (1) Preparation and submission As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2017, the Secretary shall submit to Congress the following: (A) A force-structure plan for the armed forces based on an assessment by the Secretary of the probable threats to the national security during the 20-year period beginning with that fiscal year, the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet these threats, and the anticipated levels of funding that will be available for national defense purposes during such period. (B) A comprehensive inventory of military installations worldwide for each military department, with specifications of the number and type of facilities in the active and reserve forces of each military department. (2) Relationship of plan and inventory Using the force-structure plan and infrastructure inventory prepared under paragraph (1), the Secretary shall prepare (and include as part of the submission of such plan and inventory) the following: (A) A description of the infrastructure necessary to support the force structure described in the force-structure plan. (B) A discussion of categories of excess infrastructure and infrastructure capacity. (C) An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure. (3) Special considerations In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the following: (A) The anticipated continuing need for and availability of military installations outside the United States, taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of such military installations. (B) Any efficiencies that may be gained from joint tenancy by more than one branch of the armed forces at a military installation. (4) Revision The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes such a revision, the Secretary shall submit the revised plan or inventory to Congress not later than March 15th of the year following the year in which such plan was first submitted. For purposes of selecting military installations for closure or realignment under this title in the year in which a revision is submitted, no revision of the force-structure plan or infrastructure inventory is authorized after that date. (b) Certification of need for further closures and realignments (1) Certification required On the basis of the force-structure plan and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as part of the submission of the plan and inventory— (A) a certification regarding whether the need exists for the closure or realignment of additional military installations; and (B) if such need exists, a certification that the additional round of closures and realignments would result in annual net savings for each of the military departments beginning not later than six years following the commencement of such closures and realignments. (2) Effect of failure to certify If the Secretary does not include the certifications referred to in paragraph (1), the President may not commence a round for the selection of military installations for closure and realignment under this title in the year following submission of the force-structure plan and infrastructure inventory. (c) Comptroller general evaluation (1) Evaluation required If the certification is provided under subsection (b), the Comptroller General shall prepare an evaluation of the following: (A) The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in paragraph (d), including an evaluation of the accuracy and analytical sufficiency of such plan, inventory, and criteria. (B) The need for the closure or realignment of additional military installations. (2) Submission The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plan and infrastructure inventory are submitted to Congress. (d) Final selection criteria (1) In general The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 shall be the military value and other criteria specified in paragraphs (2) and (3). (2) Military value criteria The military value criteria are as follows: (A) The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness. (B) The availability and condition of land, facilities, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the armed forces in homeland defense missions) at both existing and potential receiving locations. (C) The ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training. (D) The cost of operations and the manpower implications. (3) Other criteria The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 are as follows: (A) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. (B) The economic impact on existing communities in the vicinity of military installations. (C) The ability of the infrastructure of both the existing and potential receiving communities to support forces, missions, and personnel. (D) The environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities. (e) Priority given to military value The Secretary shall give priority consideration to the military value criteria specified in subsection (d)(2) in the making of recommendations for the closure or realignment of military installations. (f) Effect on department and other agency costs The selection criteria relating to the cost savings or return on investment from the proposed closure or realignment of military installations shall take into account the effect of the proposed closure or realignment on the costs of any other activity of the Department of Defense or any other Federal agency that may be required to assume responsibility for activities at the military installations. (g) Relation to other materials The final selection criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in subsection (a), in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017. (h) DOD recommendations (1) If the Secretary makes the certifications required under subsection (b), the Secretary shall, by no later than May 12, 2017, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary recommends for closure or realignment on the basis of the force-structure plan and infrastructure inventory prepared by the Secretary under subsection (a) and the final selection criteria specified in subsection (d) that are applicable to the year concerned. (2) The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the congressional defense committees and the Commission of the list referred to in paragraph (1). (3) (A) In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department. (B) In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. (C) For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, advance conversion planning— (i) shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for closure or realignment; and (ii) may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (including civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the anticipated closure or realignment. (D) In making recommendations to the Commission, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation. (E) Notwithstanding the requirement in subparagraph (D), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable to such recommendations. (F) The recommendations shall include a statement of the result of the consideration of any notice described in subparagraph (D) that is received with respect to a military installation covered by such recommendations. The statement shall set forth the reasons for the result. (4) In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or Member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States. (5) (A) Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person's knowledge and belief. (B) Subparagraph (A) applies to the following persons: (i) The Secretaries of the military departments. (ii) The heads of the Defense Agencies. (iii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency. (6) Any information provided to the Commission by a person described in paragraph (5)(B) shall also be submitted to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and House of Representatives within 48 hours after the submission of the information to the Commission. (i) Review and recommendations by the commission (1) After receiving the recommendations from the Secretary pursuant to subsection (h) for any year, the Commission shall conduct public hearings on the recommendations. All testimony before the Commission at a public hearing conducted under this paragraph shall be presented under oath. (2) (A) The Commission shall, by no later than October 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (h), transmit to the President a report containing the Commission’s findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission’s recommendations for closures and realignments of military installations inside the United States. (B) Subject to subparagraphs (C) and (E), in making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially from the force-structure plan and final criteria referred to in subsection (d)(1) in making recommendations. (C) In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if— (i) the Commission— (I) makes the determination required by subparagraph (B); (II) determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (d)(1); (III) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subparagraph (A); and (IV) conducts public hearings on the proposed change; (ii) at least two members of the Commission visit the military installation before the date of the transmittal of the report; and (iii) the decision of the Commission to make the change is supported by at least seven members of the Commission. (D) Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would— (i) add a military installation to the list of military installations recommended by the Secretary for closure; (ii) add a military installation to the list of military installations recommended by the Secretary for realignment; or (iii) increase the extent of a realignment of a particular military installation recommended by the Secretary. (E) The Commission may not consider making a change in the recommendations of the Secretary that would add a military installation to the Secretary's list of installations recommended for closure or realignment unless, in addition to the requirements of subparagraph (C)— (i) the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why the installation was not included on the closure or realignment list by the Secretary; and (ii) the decision to add the installation for Commission consideration is supported by at least seven members of the Commission. (F) In making recommendations under this paragraph, the Commission may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of a military installation. (3) The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (h). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under paragraph (2). (4) After October 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall— (A) assist the Commission, to the extent requested, in the Commission’s review and analysis of the recommendations made by the Secretary pursuant to subsection (h); and (B) by no later than July 1 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary’s recommendations and selection process. (j) Review by the president (1) The President shall, by no later than October 15 of each year in which the Commission makes recommendations under subsection (i), transmit to the Commission and to the Congress a report containing the President’s approval or disapproval of the Commission’s recommendations. (2) If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval. (3) If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than November 18 of the year concerned, a revised list of recommendations for the closure and realignment of military installations. (4) If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval. (5) If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by December 2 of any year in which the Commission has transmitted recommendations to the President under this title, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. 2904. Closure and realignment of military installations (a) In general Subject to subsection (b), the Secretary shall— (1) close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(j); (2) realign all military installations recommended for realignment by such Commission in each such report; (3) carry out the privatization in place of a military installation recommended for closure or realignment by the Commission only if privatization in place is a method of closure or realignment of the military installation specified in the recommendations of the Commission in such report and is determined by the Commission to be the most cost-effective method of implementation of the recommendation; (4) initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursuant to section 2903(j) containing the recommendations for such closures or realignments; and (5) complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(j) containing the recommendations for such closures or realignments. (b) Congressional disapproval (1) The Secretary may not carry out any closure or realignment recommended by the Commission in a report transmitted from the President pursuant to section 2903(j) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of— (A) the end of the 45-day period beginning on the date on which the President transmits such report; or (B) the adjournment of Congress sine die for the session during which such report is transmitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session because of adjournment of more than three days to a day certain shall be excluded in the computation of a period. 2905. Implementation (a) In general (1) In closing or realigning any military installation under this title, the Secretary may— (A) take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance; (B) provide— (i) economic adjustment assistance to any community located near a military installation being closed or realigned, and (ii) community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation, if the Secretary of Defense determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community planning assistance; (C) carry out activities for the purposes of environmental restoration and mitigation at any such installation, and shall use for such purposes funds in the Account; (D) provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and (E) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose. (2) In carrying out any closure or realignment under this title, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose. (b) Management and disposal of property (1) The Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title— (A) the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; (B) the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; (C) the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code; and (D) the authority of the Administrator to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 ( 16 U.S.C. 667b (2) (A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with— (i) all regulations governing the utilization of excess property and the disposal of surplus property under subtitle I of title 40, United States Code; and (ii) all regulations governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(g) (B) The Secretary may, with the concurrence of the Administrator of General Services— (i) prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and (ii) issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority. (C) The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. (D) Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this title, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. (E) If a military installation to be closed, realigned, or placed in an inactive status under this title includes a road used for public access through, into, or around the installation, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned or the purpose of considering the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status. (3) (A) Not later than 6 months after the date of approval of the closure or realignment of a military installation under this title, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall— (i) inventory the personal property located at the installation; and (ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation. (B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with— (i) the local government in whose jurisdiction the installation is wholly located; or (ii) a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located. (C) (i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier of— (I) one week after the date on which the redevelopment plan for the installation is submitted to the Secretary; (II) the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan; (III) twenty-four months after the date of approval of the closure or realignment of the installation; or (IV) ninety days before the date of the closure or realignment of the installation. (ii) The activities referred to in clause (i) are activities relating to the closure or realignment of an installation to be closed or realigned under this title as follows: (I) The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A). (II) The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes. (D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed or realigned under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation. (E) This paragraph shall not apply to any personal property located at an installation to be closed or realigned under this title if the property— (i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation; (ii) is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components); (iii) is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority); (iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or (v) (I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary; and (II) is the subject of a written request by the head of the department or agency. (F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States. (4) (A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelopment authority with respect to the installation for purposes of job generation on the installation. (B) The transfer of property located at a military installation under subparagraph (A) may be for consideration at or below the estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation— (i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and (ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) For purposes of subparagraph (B)(i), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation: (i) Road construction. (ii) Transportation management facilities. (iii) Storm and sanitary sewer construction. (iv) Police and fire protection facilities and other public facilities. (v) Utility construction. (vi) Building rehabilitation. (vii) Historic property preservation. (viii) Pollution prevention equipment or facilities. (ix) Demolition. (x) Disposal of hazardous materials generated by demolition. (xi) Landscaping, grading, and other site or public improvements. (xii) Planning for or the marketing of the development and reuse of the installation. (D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B). (E) (i) The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph. (ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned. (iii) A lease under clause (i) may not require rental payments by the United States. (iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned. (v) Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include— (I) municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or (II) firefighting or security-guard functions. (F) The transfer of personal property under subparagraph (A) shall not be subject to the provisions of subchapters II and III of chapter 5 (G) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (H) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. (5) (A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed or realigned under this title, or will accept transfer of any portion of such installation, are made not later than 6 months after the date of approval of closure or realignment of that installation. (B) The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure or realignment of the installation. (C) (i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation. (ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility. (6) (A) The disposal of buildings and property located at installations approved for closure or realignment under this title shall be carried out in accordance with this paragraph. (B) (i) Not later than the date on which the Secretary of Defense completes the final determinations referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered by this paragraph, the Secretary shall— (I) identify the buildings and property at the installation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer; (II) take such actions as are necessary to identify any building or property at the installation not identified under subclause (I) that is excess property or surplus property; (III) submit to the Secretary of Housing and Urban Development and to the redevelopment authority for the installation (or the chief executive officer of the State in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence) information on any building or property that is identified under subclause (II); and (IV) publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II). (ii) Upon the recognition of a redevelopment authority for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority. (C) (i) State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, representative, or party concerned for the buildings or property covered by the notice. (ii) The redevelopment authority for an installation shall assist the governments, representatives, and parties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this subparagraph. (iii) In providing assistance under clause (ii), a redevelopment authority shall— (I) consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and (II) undertake outreach efforts to provide information on the buildings and property to representatives of the homeless, and to other persons or entities interested in assisting the homeless, in such communities. (iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of closure or realignment of the installation. (D) (i) State and local governments, representatives of the homeless, and other interested parties shall submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date specified for such notice by the redevelopment authority. (ii) The date specified under clause (i) shall be— (I) in the case of an installation for which a redevelopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 months and not later than 6 months after the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph (B)(i)(IV); and (II) in the case of an installation for which a redevelopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevelopment authority for the installation. (iii) Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall— (I) publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and (II) notify the Secretary of Defense of the date. (E) (i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following: (I) A description of the homeless assistance program that the representative proposes to carry out at the installation. (II) An assessment of the need for the program. (III) A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation. (IV) A description of the buildings and property at the installation that are necessary in order to carry out the program. (V) A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program. (VI) An assessment of the time required in order to commence carrying out the program. (ii) A redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the installation concerned is located. (F) (i) The redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph (C). (ii) (I) In connection with a redevelopment plan for an installation, a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property, resources, and assistance on or off the installation. The implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L). (II) Agreements under this clause shall provide for the reversion to the redevelopment authority concerned, or to such other entity or entities as the agreements shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and property cease being used for that purpose. (iii) A redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G). (iv) A redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D). (G) (i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall include in an application under clause (i) the following: (I) A copy of the redevelopment plan, including a summary of any public comments on the plan received by the redevelopment authority under subparagraph (F)(iii). (II) A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the interest expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest. (III) A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan. (IV) A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment authority consulted in preparing the plan, and the results of such consultations. (V) An assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development. (VI) Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii). (H) (i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the review is to determine whether the plan, with respect to the expressed interest and requests of representatives of the homeless— (I) takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to meet the needs of the homeless in such communities, and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities; (II) takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation; (III) balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities; (IV) was developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and (V) specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes. (ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. (iii) The Secretary of Housing and Urban Development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Secretary that a redevelopment plan does not meet a requirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations. (iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause. (v) If the Secretary of Housing and Urban Development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall include— (I) an explanation of that determination; and (II) a statement of the actions that the redevelopment authority must undertake in order to address that determination. (I) (i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the opportunity to— (I) revise the plan in order to address the determination; and (II) submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall submit a revised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice referred to in clause (i). (J) (i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Secretary of Housing and Urban Development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph. (K) (i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation. (ii) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. (iii) The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration. (v) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 550 chapter 471 (L) (i) If the Secretary of Housing and Urban Development determines under subparagraph (J) that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall— (I) review the original redevelopment plan submitted to that Secretary under subparagraph (G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subparagraph; (II) consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless; (III) request that each such representative submit to that Secretary the items described in clause (ii); and (IV) based on the actions of that Secretary under subclauses (I) and (II), and on any information obtained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development may request under clause (i)(III) that a representative of the homeless submit to that Secretary the following: (I) A description of the program of such representative to assist the homeless. (II) A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless. (III) Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with Federal environmental law and Federal law against discrimination. (IV) A certification that police services, fire protection services, and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program. (iii) Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall— (I) notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and (II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i). (iv) (I) Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority concerned. (II) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incorporate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority. (III) The Secretary of Defense shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration. (V) In the case of a request for a conveyance under subclause (I) of buildings and property for public benefit under section 550 chapter 471 (M) (i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation. (ii) If a building or property reverts to a redevelopment authority under such an agreement, the redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, the utilization of the building or property by other homeless representatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless. (N) The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the closure or realignment of the installation. The Secretary shall make such determinations in consultation with the redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with respect to the Secretary of Housing and Urban Development, in consultation with the Secretary of Housing and Urban Development. (O) For purposes of this paragraph, the term communities in the vicinity of the installation (P) For purposes of this paragraph, the term other interested parties section 550 (7) (A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense. (B) The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 (C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed. (D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government. (c) Applicability of national environmental policy act of 1969 (1) The provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) (A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this title (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. (B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider— (i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; (ii) the need for transferring functions to any military installation which has been selected as the receiving installation; or (iii) military installations alternative to those recommended or selected. (3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act. (d) Waiver The Secretary of Defense may close or realign military installations under this title without regard to— (1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and (2) sections 2662 and 2687 of title 10, United States Code. (e) Transfer authority in connection with payment of environmental remediation costs (1) (A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (B) The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed, or realigned or to be realigned, under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection. The real property and facilities referred to in subparagraph (A) are also the real property and facilities located at an installation approved for closure or realignment under this title after 2001 that are available for purposes other than to assist the homeless. (C) The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States. (2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that— (A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or (B) if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs. (3) In the case of property or facilities covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such property or facilities an amount equal to the lesser of— (A) the amount by which the costs incurred by the recipient of such property or facilities for all environmental restoration, waste, management, and environmental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certification; or (B) the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified. (4) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement. (5) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (6) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 2906. Department of Defense Base Closure Account 2014 (a) In general (1) If the Secretary makes the certifications required under section 2903(b), there shall be established on the books of the Treasury an account to be known as the Department of Defense Base Closure Account 2014 Account (2) There shall be deposited into the Account— (A) funds authorized for and appropriated to the Account; (B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and (C) except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any property at a military installation that is closed or realigned under this title. (3) The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 (b) Use of funds (1) The Secretary may use the funds in the Account only for the purposes described in section 2905 with respect to military installations approved for closure or realignment under this title. (2) When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to section 2802(a) (c) Reports (1) (A) No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this title using amounts in the Account, the Secretary shall transmit a report to the congressional defense committees of— (i) the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year; (ii) the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year; (iii) the amount and nature of anticipated deposits to be made into, and the anticipated expenditures to be made from, the Account during the first fiscal year commencing after the submission of the report; and (iv) the amount and nature of anticipated expenditures to be made pursuant to section 2905(a) during the first fiscal year commencing after the submission of the report. (B) The report for a fiscal year shall include the following: (i) The obligations and expenditures from the Account during the fiscal year, identified by subaccount and installation, for each military department and Defense Agency. (ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in which finds were obligated for such expenditures. (iii) Each military construction project for which such obligations and expenditures were made, identified by installation and project title. (iv) A description and explanation of the extent, if any, to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the funding proposals for the Account for such fiscal year, including an explanation of— (I) any failure to carry out military construction projects that were so proposed; and (II) any expenditures for military construction projects that were not so proposed. (v) An estimate of the net revenues to be received from property disposals to be completed during the first fiscal year commencing after the submission of the report at military installations approved for closure or realignment under this title. (2) No later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional defense committees a report containing an accounting of— (A) all the funds deposited into and expended from the Account or otherwise expended under this title with respect to such installations; and (B) any amount remaining in the Account. (d) Disposal or transfer of commissary stores and property purchased with nonappropriated funds (1) If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note). (2) The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary. (3) The Secretary may use amounts in the reserve account, without further appropriation, for the purpose of acquiring, constructing, and improving— (A) commissary stores; and (B) real property and facilities for nonappropriated fund instrumentalities. (4) As used in this subsection: (A) The term commissary store funds section 2685 (B) The term nonappropriated funds (C) The term nonappropriated fund instrumentality (e) Account exclusive source of funds for environmental restoration projects Except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the closure of the Account under subsection (a)(3). (f) Authorized cost and scope of work variations (1) Subject to paragraphs (2) and (3), the cost authorized for a military construction project or military family housing project to be carried out using funds in the Account may not be increased or reduced by more than 20 percent or $2,000,000, whichever is less, of the amount specified for the project in the conference report to accompany the Military Construction Authorization Act authorizing the project. The scope of work for such a project may not be reduced by more than 25 percent from the scope specified in the most recent budget documents for the projects listed in such conference report. (2) Paragraph (1) shall not apply to a military construction project or military family housing project to be carried out using funds in the Account with an estimated cost of less than $5,000,000, unless the project has not been previously identified in any budget submission for the Account and exceeds the applicable minor construction threshold under section 2805 (3) The limitation on cost or scope variation in paragraph (1) shall not apply if the Secretary of Defense makes a determination that an increase or reduction in cost or a reduction in the scope of work for a military construction project or military family housing project to be carried out using funds in the Account needs to be made for the sole purpose of meeting unusual variations in cost or scope. If the Secretary makes such a determination, the Secretary shall notify the congressional defense committees of the variation in cost or scope not later than 21 days before the date on which the variation is made in connection with the project or, if the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code, not later than 14 days before the date on which the variation is made. The Secretary shall include the reasons for the variation in the notification. 2907. Reports (a) Reporting requirement As part of the budget request for fiscal year 2019 and for each fiscal year thereafter through fiscal year 2030 for the Department of Defense, the Secretary shall transmit to the congressional defense committees— (1) a schedule of the closure actions to be carried out under this title in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and of the time period in which these savings are to be achieved in each case, together with the Secretary’s assessment of the environmental effects of such actions; (2) a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures, together with the Secretary’s assessment of the environmental effects of such transfers; (3) a description of the closure actions already carried out at each military installation since the date of the installation's approval for closure under this title and the current status of the closure of the installation, including whether— (A) a redevelopment authority has been recognized by the Secretary for the installation; (B) the screening of property at the installation for other Federal use has been completed; and (C) a redevelopment plan has been agreed to by the redevelopment authority for the installation; (4) a description of redevelopment plans for military installations approved for closure under this title, the quantity of property remaining to be disposed of at each installation as part of its closure, and the quantity of property already disposed of at each installation; (5) a list of the Federal agencies that have requested property during the screening process for each military installation approved for closure under this title, including the date of transfer or anticipated transfer of the property to such agencies, the acreage involved in such transfers, and an explanation for any delays in such transfers; (6) a list of known environmental remediation issues at each military installation approved for closure under this title, including the acreage affected by these issues, an estimate of the cost to complete such environmental remediation, and the plans (and timelines) to address such environmental remediation; and (7) an estimate of the date for the completion of all closure actions at each military installation approved for closure or realignment under this title. 2908. Congressional consideration of commission report (a) Terms of the resolution For purposes of section 2904(b), the term joint resolution (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on (3) the title of which is as follows: Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment Commission. (b) Referral A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. (c) Discharge If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 2903(j), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration (1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. 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 respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by other house (1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the senate and house This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 2909. Restriction on other base closure authority (a) In general Except as provided in subsection (c), during the period beginning on the date of the enactment of this Act, and ending on April 15, 2018, this title shall be the exclusive authority for selecting for closure or realignment, or for carrying out any closure or realignment of, a military installation inside the United States. (b) Restriction Except as provided in subsection (c), none of the funds available to the Department of Defense may be used, other than under this title, during the period specified in subsection (a)— (1) to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or realigned or as an installation under consideration for closure or realignment; or (2) to carry out any closure or realignment of a military installation inside the United States. (c) Exception Nothing in this title affects the authority of the Secretary to carry out closures and realignments to which section 2687 2910. Definitions As used in this title: (1) The term Account (2) The term congressional defense committees (3) The term Commission (4) The term military installation (5) The term realignment (6) The term Secretary (7) The term United States (8) The term date of approval (9) The term redevelopment authority (10) The term redevelopment plan (A) is agreed to by the local redevelopment authority with respect to the installation; and (B) provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the closure or realignment of the installation. (11) The term representative of the homeless 42 U.S.C. 11411(i)(4) 2911. Treatment as a base closure law for purposes of other provisions of law (a) Definition of base closure law Section 101(a)(17) (D) The Defense Base Closure and Realignment Act of 2014. . (b) Definition of Base closure law (1) Section 131(b) of Public Law 107–249 10 U.S.C. 221 means has the meaning given the term ‘base closure law’ in section 101(a)(17) (2) Section 1334(k)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2701 (C) The Defense Base Closure and Realignment Act of 2014. . (3) Section 2918(a)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2687 (C) The Defense Base Closure and Realignment Act of 2014. . 2912. Conforming amendments (a) Deposit and use of lease proceeds Section 2667(e) (1) in paragraph (5), by striking on or after January 1, 2005, from January 1, 2005 through December 31, 2005, (2) by adding at the end the following new paragraph: (6) Money rentals received by the United States from a lease under subsection (g) at a military installation approved for closure or realignment under a base closure law on or after January 1, 2006, shall be deposited into the account established under section 2906 of the Defense Base Closure and Realignment Act of 2014. . (b) Requests by public agencies for property for public airports Section 47151(g) section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17) (c) Restored leave Section 6304(d)(3)(A) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17)

National Defense Authorization Act for Fiscal Year 2015

Real Transparency in Airfares Act of 2014 - Sets at $55,000, or $2,500 for an individual or small business, the maximum civil penalty assessed on a person for an unfair or deceptive practice relating to unfair methods of competition in air transportation, the sale of air transportation, or specified regulations relating to price advertising and opt-out requirements.

To increase the maximum penalty for unfair and deceptive practices relating to advertising of the costs of air transportation. 1. Short title This Act may be cited as the Real Transparency in Airfares Act of 2014 2. Increased penalties for unfair and deceptive airfare advertising practices Section 46301(a) (7) Penalty for violations of unfair and deceptive airfare advertising practices Notwithstanding paragraph (1), the maximum civil penalty assessed on a person for an unfair or deceptive practice in violation of section 41712 and described in section 399.84 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling), shall be— (A) $55,000; or (B) if the person is an individual or small business concern, $2,500. .

Real Transparency in Airfares Act of 2014

Peace Corps Equity Act of 2014 - Amends the Peace Corps Act to subject abortion service coverage by the Peace Corps for volunteers to the same limitations that apply to Peace Corps employees regarding coverage of abortion services. States that such restriction shall not be construed to limit medical evacuation coverage.

To require that Peace Corps volunteers be subject to the same limitations regarding coverage of abortion services as employees of the Peace Corps with respect to coverage of such services, and for other purposes. 1. Short title This Act may be cited as the Peace Corps Equity Act of 2014 2. Findings Congress makes the following findings: (1) Women of the United States, particularly women serving the United States overseas, deserve a basic standard of care when it comes to their health. (2) Since its founding in 1961, the Peace Corps has advanced interests of the United States by working to promote peace and friendship between the United States and the 139 nations in which the Peace Corps has operated. (3) Over the past 50 years, more than 210,000 Peace Corps volunteers have served the United States by working in developing countries to address needs in areas such as education, health, youth and community development, business and information and communications technology, agriculture, and the environment. (4) More than 60 percent of the more than 8,000 current Peace Corps volunteers are women. (5) Peace Corps volunteers face inherent risks to their safety and security by virtue of living and working abroad. (6) Data from the Peace Corps from 2000 to 2009 indicate that more than 1,000 Peace Corps volunteers experienced sexual assaults, including 221 rapes or attempted rapes. Data from the Peace Corps also show that incidents of sexual assault and rape against volunteers often go unreported. (7) Recognizing the high incidence of sexual assault in the Peace Corps, Congress enacted the Kate Puzey Peace Corps Volunteer Protection Act of 2011 ( Public Law 112–57 (8) Since fiscal year 1979, annual appropriations Acts have prohibited the Peace Corps from covering abortion services for its volunteers (including trainees), even in cases of rape, incest, and life endangerment of the woman. Employees of the Peace Corps, on the other hand, are provided this coverage. (9) Abortion services in cases of rape, incest, and life endangerment of the woman are now available to almost all groups of women of the United States covered by Federal law, except Peace Corps volunteers. (10) Abortion coverage in cases of rape, incest, and life endangerment of the woman is available to most women, excluding Peace Corps volunteers, covered under Federal health plans, including employees covered by the Federal Employee Health Benefits Program, servicewomen covered by TRICARE, Native Americans covered by the Indian Health Service, women inmates and immigration detainees, and Medicaid and Medicare recipients. (11) There is no rational basis for denying Peace Corps volunteers a basic health care benefit that is extended to other women covered under Federal health care plans. 3. Equitable treatment of Peace Corps volunteers and employees with respect to coverage of abortion services Section 5(e) of the Peace Corps Act ( 22 U.S.C. 2504(e) (1) by striking (e) Volunteers (e) Health care (1) In general Volunteers ; and (2) by adding at the end the following: (2) Equitable treatment of volunteers and employees with respect to coverage of abortion services (A) In general Coverage of abortion services by the Peace Corps for volunteers shall be subject to the same limitations as those that apply to employees of the Peace Corps with respect to coverage by the Peace Corps of abortion services. (B) Applicability Subparagraph (A) shall apply notwithstanding any provision of law, including a provision of law enacted after the date of the enactment of the Peace Corps Equity Act of 2014 (C) Construction This paragraph shall not be construed to limit coverage of medical evacuations. .

Peace Corps Equity Act of 2014

Bank on Students Emergency Loan Refinancing Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to establish a program to refinance the unpaid principal, accrued unpaid interest, and late charges on: (1) the William D. Ford Federal Direct Loans (DLs) of qualified borrowers if the DLs were first disbursed or (in the case of Direct Consolidation Loans) applied for before July 1, 2013, and (2) the Federal Family Education Loans (FFEL) of qualified borrowers as DLs. (FFELs were not disbursed after June 30, 2010.) Refinances the FFELs as Federal Direct Stafford, Unsubsidized Stafford, PLUS, or Consolidated Loans depending on the categorization of the FFEL as a Stafford, Unsubsidized Stafford, PLUS, or Consolidated Loan. Sets the interest rate on the refinanced loans, other than the Federal Direct Consolidation Loans, at the rate for the 12 months beginning on July 1, 2013, applicable to the DL's categorization and, in the case of Stafford Loans, applicable to a loan issued to an undergraduate student or a loan issued to a graduate student. Sets the interest on refinanced Consolidation Loans at the rate on Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013. Fixes the interest rate on such loans for the period of such loans. Directs the Secretary to establish eligibility requirements based on a borrower's income or debt-to-income ratio that take into consideration providing access to refinancing for borrowers with the greatest financial need. Imposes an administrative fee on the borrowers of such reissued loans that is based on the unpaid principal, and accrued unpaid interest and late charges, of their original loan. Requires the Secretary to establish a program to refinance the unpaid principal, accrued unpaid interest, and late charges on private education loans as Federal Direct Refinanced Private Loans if the private education loans were first disbursed to qualified borrowers before July 1, 2013, and were for their own postsecondary educational expenses. Sets the interest rate on Federal Direct Refinanced Private Loans at the rate applicable for the 12 months beginning on July 1, 2013, to: (1) Direct Stafford and Unsubsidized Stafford Loans issued to undergraduates if the private education loan was issued for undergraduate expenses, (2) Direct Unsubsidized Stafford Loans issued to graduate or professional students if the private education loan was issued for graduate or professional studies, or (3) Direct PLUS Loans if the private education loan was issued for undergraduate and graduate or professional studies. Fixes the interest rate on such loans for the period of such loans. Directs the Secretary to establish eligibility requirements based on a borrower's income or debt-to-income ratio that take into consideration providing access to refinancing for borrowers with the greatest financial need. Requires qualified borrowers of such loans to undergo loan counseling before their private education loan is refinanced. Imposes an origination fee on the borrowers of Federal Direct Refinanced Private Loans. Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2015. Requires the Secretary to terminate this Act's refinancing programs when the net cost of carrying out the programs is equal to the Secretary's estimate of the amount of additional revenue generated during the 10-year period beginning on the date of this Act's enactment due to the fair share tax.

To amend the Higher Education Act of 1965 to provide for the refinancing of certain Federal student loans, and for other purposes. 1. Short title This Act may be cited as the Bank on Students Emergency Loan Refinancing Act 2. Refinancing programs (a) Program authority Section 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended— (1) by striking and (2) (2) (2) by inserting ; and (3) to make loans under section 460A and section 460B section 459A (b) Refinancing Program Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. 460A. Refinancing FFEL and Federal Direct Loans (a) In general Beginning not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (b) Reissuing Loans (1) Federal Direct Loans Upon application of a qualified borrower, the Secretary shall reissue a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan of the qualified borrower, for which the first disbursement was made, or the application for the consolidation loan was received before July 1, 2013, in an amount equal to the sum of— (A) the unpaid principal, accrued unpaid interest, and late charges of the original loan; and (B) the administrative fee under subsection (d)(3). (2) Discharging and reissuing FFEL program loans as refinanced Federal Direct Loans Upon application of a qualified borrower for any loan that was made, insured, or guaranteed under part B and for which the first disbursement was made, or the application for the consolidation loan was received, before July 1, 2010, the Secretary shall reissue such loan as a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan and the administrative fee under subsection (d)(3), to the borrower in accordance with the following: (A) The Secretary shall pay the proceeds of such reissued loan to the eligible lender of the loan made, insured, or guaranteed under part B, in order to discharge the borrower from any remaining obligation to the lender with respect to the original loan. (B) The Secretary shall reissue— (i) a loan originally made, insured, or guaranteed under section 428 as a Federal Direct Stafford Loan; (ii) a loan originally made, insured, or guaranteed under section 428B as a Federal Direct PLUS Loan; (iii) a loan originally made, insured, or guaranteed under section 428H as a Federal Direct Unsubsidized Stafford Loan; and (iv) a loan originally made, insured, or guaranteed under section 428C as a Federal Direct Consolidation Loan. (C) The interest rate for each loan reissued under this paragraph shall be the rate provided under subsection (c). (c) Interest rates (1) In general The interest rate for the reissued Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans, shall be a rate equal to— (A) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to an undergraduate student, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; (B) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to a graduate or professional student, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; (C) in any case where the original loan was a loan under section 428B or a Federal Direct PLUS Loan, a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; and (D) in any case where the original loan was a loan under section 428C or a Federal Direct Consolidation Loan, a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (2) Fixed Rate The applicable rate of interest determined under paragraph (1) for a reissued loan under this section shall be fixed for the period of the loan. (d) Terms and conditions of loans (1) In general A loan that is reissued under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. (2) No automatic extension of repayment period Reissuing a loan under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). (3) Administrative fee The Secretary shall charge the borrower of a loan reissued under this section an administrative fee of not more than 0.5 percent of the sum of the unpaid principal, and accrued unpaid interest and late charges, of the original loan. (e) Definition of qualified borrower (1) In General For purposes of this section, the term qualified borrower (A) of a loan under this part or part B for which the first disbursement was made, or the application for a consolidation loan was received, before July 1, 2013; and (B) who meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary. (2) Income requirements Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (f) Expiration of authority The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Bank on Students Emergency Loan Refinancing Act 460B. Federal Direct Refinanced Private Loan program (a) Definitions In this section: (1) Eligible private education loan The term eligible private education loan (A) was disbursed to the borrower before July 1, 2013; and (B) was for the borrower’s own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. (2) Federal Direct Refinanced Private Loan The term Federal Direct Refinanced Private Loan (3) Private educational lender The term private educational lender 15 U.S.C. 1650 (4) Qualified borrower The term qualified borrower (A) has an eligible private education loan; (B) has been current on payments on the eligible private education loan for the 6 months prior to the date of the qualified borrower's application for refinancing under this section, and is in good standing on the loan at the time of such application; (C) is not in default on the eligible private education loan or on any loan made, insured, or guaranteed under this part or part B or E; and (D) meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary under subsection (b)(2). (b) Program authorized (1) In general The Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following: (A) The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan and the origination fee under subsection (f). (B) The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the lender with respect to the original loan. (C) The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the loan is reissued in accordance with this section, and before the proceeds of such loan are paid to the private educational lender. (D) The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Unsubsidized Stafford Loan, except as otherwise provided in this section. (2) Income requirements Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (c) Interest rate (1) In general The interest rate for a Federal Direct Refinanced Private Loan is— (A) in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for undergraduate postsecondary educational expenses, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; and (B) in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for graduate or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (2) Combined undergraduate and graduate study loans If a Federal Direct Refinanced Private Loan is for a private educational loan originally issued for both undergraduate and graduate or professional postsecondary educational expenses, the interest rate shall be a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (3) Fixed Rate The applicable rate of interest determined under this subsection for a Federal Direct Refinanced Private Loan shall be fixed for the period of the loan. (d) No inclusion in aggregate limits The amount of a Federal Direct Refinanced Private Loan, or a Federal Direct Consolidated Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be included in calculating a borrower's annual or aggregate loan limits under section 428 or 428H. (e) No eligibility for service-Related repayment Notwithstanding sections 428K(a)(2)(A), 428L(b)(2), 455(m)(3)(A), and 460(b), a Federal Direct Refinanced Private Loan, or any Federal Direct Consolidation Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be eligible for any loan repayment or loan forgiveness program under section 428K, 428L, or 460 or for the repayment plan for public service employees under section 455(m). (f) Origination fee The Secretary shall charge the borrower of a Federal Direct Refinanced Private Loan an origination fee that equals the origination fee charged for Federal Direct Unsubsidized Stafford Loans disbursed on the date upon which the Federal Direct Refinanced Private Loan is issued. (g) Expiration of Authority The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Bank on Students Emergency Loan Refinancing Act . (c) Amendments to public service repayment plan provisions Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: (3) Special rules for section 460A loans (A) Refinanced Federal Direct loans Notwithstanding paragraph (1), in determining the number of monthly payments that meet the requirements of such paragraph for an eligible Federal Direct Loan reissued under section 460A that was originally a loan under this part, the Secretary shall include all monthly payments made on the original loan that meet the requirements of such paragraph. (B) Refinanced FFEL loans In the case of an eligible Federal Direct Loan reissued under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was reissued may be included for purposes of paragraph (1). ; and (3) in paragraph (4)(A) (as redesignated by paragraph (1)), by inserting (including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan reissued under section 460A) (d) Income-Based repayment Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: (f) Special rule for refinanced loans (1) Refinanced Federal Direct and FFEL loans In calculating the period of time during which a borrower of a loan that is reissued under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the reissued loan, that otherwise meet the requirements of this section. (2) Federal Direct Refinanced Private Loans In calculating the period of time during which a borrower of a Federal Direct Refinanced Private Loan under section 460B has made monthly payments for purposes of subsection (b)(7), the Secretary shall include only payments— (A) that are made after the date of the issuance of the Federal Direct Refinanced Private Loan; and (B) that otherwise meet the requirements of this section. . 3. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VII Fair share tax on high-income taxpayers Sec. 59B. Fair share tax. 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer's adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2015, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2014 calendar year 1992 (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Conforming amendment Section 26(b)(2) (C) section 59B (relating to fair share tax), . (c) Clerical amendment The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part VII—Fair share tax on high-Income taxpayers . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 4. Deficit Neutral Implementation of Student Loan Refinancing Programs (a) Amount of revenue The Secretary of Education shall estimate the amount that is equal to the amount of the net increase in revenue received in the Treasury during the 10-year period beginning on the date of enactment of the Bank on Students Emergency Loan Refinancing Act Bank on Students Emergency Loan Refinancing Act (b) Deficit-Neutral Termination of the Refinancing Program The Secretary of Education shall terminate the refinancing programs carried out under sections 460A and 460B of the Higher Education Act of 1965 on the date that the net cost of carrying out such refinancing programs is equal to the amount of additional revenue estimated under subsection (a). (c) Methodology When estimating cost and revenue under this section, the Secretary shall utilize the accounting methods and assumptions that are used by the Congressional Budget Office, as of the date of enactment of this Act, to make such estimations.

Bank on Students Emergency Loan Refinancing Act

National Scenic Trails Parity Act - Amends the National Trails System Act to require the North Country, Ice Age, and New England National Scenic Trails to be administered as units of the National Park System.

To clarify the status of the North Country, Ice Age, and New England National Scenic Trails as units of the National Park System, and for other purposes. 1. Short title This Act may be cited as the National Scenic Trails Parity Act 2. North Country National Scenic Trail Section 5(a)(8) of the National Trails System Act ( 16 U.S.C. 1244(a)(8) as a unit of the National Park System 3. Ice Age National Scenic Trail Section 5(a)(10) of the National Trails System Act ( 16 U.S.C. 1244(a)(10) The trail shall be administered by the Secretary of the Interior as a unit of the National Park System. 4. New England National Scenic Trail Section 5(a)(28) of the National Trails System Act ( 16 U.S.C. 1244(a)(28) as a unit of the National Park System, administer the trail

National Scenic Trails Parity Act

Directs the Military Compensation and Retirement Modernization Commission to carry out an anonymous survey of random members of the Armed Forces regarding their preferences in military pay and benefits, with respect to: (1) the relative value that they place on specified forms of compensation (including basic pay, allowances for housing and subsistence, bonuses, various healthcare benefits, and retirement pay); (2) how they value different levels of pay or benefits, including the impact of copayments or deductibles; and (3) how information collected varies by age, grade, dependent status, and other factors. Directs the Commission to submit to the Secretary of Defense (DOD) and Congress and make available to the public a report on the analysis and raw data of the survey. Amends the National Defense Authorization Act for FY2013 to require the Commission to make its recommendations for changes to the military compensation and retirement systems only after examining the analysis and raw data collected pursuant to such survey.

To require a survey of the preferences of members of the Armed Forces regarding military pay and benefits. 1. Survey of preferences of members of the Armed Forces regarding military pay and benefits (a) Survey required The Military Compensation and Retirement Modernization Commission shall carry out an anonymous survey of random members of the Armed Forces regarding their preferences in military pay and benefits. (b) Elements The survey under this section shall be conducted for the purpose of soliciting information on the following: (1) The value that members of the Armed Forces place on the following forms of compensation relative to one another: (A) Basic pay. (B) Allowances for housing and subsistence. (C) Bonuses and special pays. (D) Dependent healthcare benefits. (E) Healthcare benefits for retirees under 65 years old. (F) Healthcare benefits for Medicare-eligible retirees. (G) Retirement pay. (2) How the members value different levels of pay or benefits, including the impact of co-payments or deductibles on the value of benefits. (3) Any other matters related to military pay and benefits that the Commission considers appropriate. (4) How information collected pursuant to paragraph (1), (2), or (3) varies by age, grade, dependent status, and other factors the Commission considers appropriate. (c) Submittal of results (1) In general Upon the completion of the survey required by this section, the Commission shall submit a report on the analysis and raw data of the survey to the Secretary of Defense and to Congress. (2) Availability to public At the same time the Commission submits the report required by paragraph (1), the Commission shall make the report available to the public. (d) Use of results by commission Section 671(b)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1787) is amended— (1) in subparagraph (B), by striking and (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph (C): (C) examining the analysis and raw data collected pursuant to the survey of the preference of members of the Armed Forces regarding military pay and benefits required by the Act to require a survey of the preferences of members of the Armed Forces regarding military pay and benefits; and . (e) Military Compensation and Retirement Modernization Commission defined In this section, the term Military Compensation and Retirement Modernization Commission

A bill to require a survey of the preferences of members of the Armed Forces regarding military pay and benefits.

National Commission on the Future of the Army Act of 2014 - Prohibits the use of funds made available for FY2015 for the Army to: (1) reduce Army personnel below the authorized fiscal year end strengths of 450,000 for active duty personnel of the Army, 345,000 for the Army National Guard, and 195,000 for the Army Reserve; or (2) divest, retire, or transfer any AH-64 Apache aircraft assigned to units of the Army National Guard as of January 15, 2014, or to reduce related personnel below the levels of such personnel as of September 30, 2014. Directs the Secretary of the Army to ensure the continuing readiness of the AH-64 Apache aircraft and crews during FY2015. Permits the use of such funds, after the Commission established by this Act submits its interim report, to prepare for the transfer of not more than 72 AH-64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense (DOD) certifies that such a transfer would not: (1) degrade the strategic depth or regeneration capacities of the Army, (2) degrade the Army National Guard in its role as the combat reserve of the Army, and (3) occur before October 1, 2014. Establishes the National Commission on the Future of the Army, which shall: (1) undertake a comprehensive study of the structure of the Army and policy assumptions related to its size and force mixture in order to make recommendations on how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources, and (2) submit a final report to the President and the congressional defense committees by February 1, 2016. Directs the Commission to study and submit an interim report on the feasibility and advisability of a partial transfer of Army National Guard AH-64 Apache aircraft from the Army National Guard to the regular Army.

To establish the National Commission on the Future of the Army, and for other purposes. 1. Short title This Act may be cited as the National Commission on the Future of the Army Act of 2014 2. Prohibition on use of fiscal year 2015 funds to reduce end strengths of Army personnel None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to reduce or prepare to reduce personnel of the Army, including any cancellation of training, below the authorized fiscal year end strengths for personnel of the Army as follows: (1) 450,000 for active duty personnel of the Army. (2) 345,000 for the Army National Guard. (3) 195,000 for the Army Reserve. 3. Limitation on use of fiscal year 2015 funds for transfer or divestment of certain aircraft assigned to the Army National Guard (a) Limitation (1) Aircraft None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to divest, retire, or transfer, or prepare to divest, retire, or transfer, any AH–64 Apache aircraft of the Army assigned to units of the Army National Guard as of January 15, 2014. (2) Personnel None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to reduce personnel related to any AH–64 Apache aircraft of the Army National Guard below the levels of such personnel as of September 30, 2014. (3) Readiness of aircraft and crews The Secretary of the Army shall ensure the continuing readiness of the AH–64 Apache aircraft referred to in paragraph (1) and the crews of such aircraft during fiscal year 2015, including through the allocation of funds for operation and maintenance and support of such aircraft and for personnel connected with such aircraft as described in paragraph (2). (b) Scope of limitation Nothing in subsection (a) shall be construed to limit the use of funds described in that subsection for the training of members of the Army National Guard or Army Reserve who are pilots of Apache aircraft on any other aircraft. (c) Exception Notwithstanding subsection (a), funds described in that subsection may be used after the date of the report required by section 5(b)(3) to prepare for the transfer of not more than 72 AH–64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense certifies in writing to the congressional defense committees that such a transfer would not— (1) degrade the strategic depth or regeneration capacities of the Army; (2) degrade the Army National Guard in its role as the combat reserve of the Army; and (3) occur before October 1, 2014. 4. National Commission on the Future of the Army (a) Establishment There is established the National Commission on the Future of the Army (in this Act referred to as the Commission (b) Membership (1) Composition The Commission shall be composed of eight members, of whom— (A) 4 shall be appointed by the President; (B) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (C) 1 shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (D) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and (E) 1 shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives. (2) Appointment date The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (3) Effect of lack of appointment by appointment date If 1 or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph. (4) Expertise In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy. (c) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. (e) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting. (f) Meetings The Commission shall meet at the call of the Chair. (g) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (h) Administrative and procedural authorities The following provisions of law do not apply to the Commission: (1) Section 3161 (2) The Federal Advisory Committee Act (5 U.S.C. App.). 5. Duties of the Commission (a) Study on structure of the Army (1) In general The Commission shall undertake a comprehensive study of the structure of the Army, and policy assumptions related to the size and force mixture of the Army, in order— (A) to determine the proper size and force mixture of the regular component of the Army and the reserve components of the Army, and (B) to make recommendations on how the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and anticipated future resources. (2) Considerations In undertaking the study required by subsection (a), the Commission shall give particular consideration to the following: (A) An evaluation and identification of a structure for the Army that— (i) has the depth and scalability to meet current and anticipated requirements of the combatant commands; (ii) achieves a cost-efficiency balance between the regular and reserve components of the Army, taking advantage of the unique strengths and capabilities of each, with a particular focus on fully burdened and lifecycle cost of Army personnel; (iii) ensures that the regular and reserve components of the Army have the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States; (iv) provides for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components of the Army could be recruited; and (v) maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness. (B) An evaluation and identification of force generation policies for the Army with respect to size and force mixture in order to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and anticipated future resources, including policies in connection with— (i) readiness; (ii) training; (iii) equipment; (iv) personnel; and (v) maintenance of the reserve components in an operational state in order to maintain the level of expertise and experience developed since September 11, 2001. (b) Study on partial transfer of certain aircraft (1) In general The Commission shall also conduct a study of the feasibility and advisability of a partial transfer of Army National Guard AH–64 Apache aircraft from the Army National Guard to the regular Army. (2) Considerations In conducting the study required by paragraph (1), the Commission shall consider the full cost and cost savings of the Army Aviation Restructuring Initiative as proposed for fiscal year 2015, including costs associated with retraining, rebasing, and remissioning. (3) Interim report Not later than 90 days after the appointment date for members of the Commission specified in section 4(b)(2), the Commission shall submit to the President and the congressional defense committees a report setting forth the results of the study conducted under paragraph (1). (c) Final report Not later than February 1, 2016, the Commission shall submit to the President and the congressional defense committees a report setting forth a detailed statement of the findings and conclusions of the Commission as a result of the study required by subsection (a), together with its recommendations for such legislation and administrative actions as the Commission considers appropriate in light of the results of the study. 6. Powers of the Commission (a) Hearings The Commission shall 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 its duties under this Act. (b) 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 its duties under this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. 7. 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 (1) 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. (2) 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 (d) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) 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. 8. Termination of the Commission The Commission shall terminate 90 days after the date on which the Commission submits its final report under section 5(c). 9. Congressional defense committees defined In this Act, the term congressional defense committees section 101(a)(16) 10. Funding Amounts authorized to be appropriated for fiscal year 2015 and available for operation and maintenance for the Army may be available for the activities of the Commission under this Act.

National Commission on the Future of the Army Act of 2014

Veterans Appeals Improvement Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) ensure that not fewer than three decision review officers are employed at each Department of Veterans Affairs (VA) regional office within one year after enactment of this Act; and (2) submit a notice to the House and Senate veterans' affairs committees when the number of such officers at a regional office declines to fewer than three, including a plan to increase the number to at least three and a description of the measures the Secretary plans to take to ensure that appeals before the Board of Veterans' Appeals are disposed of in a timely manner while fewer than three officers are employed at such office. Directs the Secretary to report to such committees on the ability of the Board to conduct hearings and dispose of appeals in a timely manner. Requires such report to include: (1) whether the number of members of the Board is sufficient; and (2) an assessment of the feasibility and advisability of increasing the number of decision review officers by 10%, 15%, and 25%.

To require the Secretary of Veterans Affairs to employ at least three decision review officers at each regional office of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans Appeals Improvement Act of 2014 2. Findings Congress makes the following findings: (1) Section 7101(a) (2) The supporting information submitted along with the budget under section 1105 (3) The annual report of the Board of Veterans' Appeals for Fiscal Year 2012 indicates that with 64 members, the Board was able to issue 44,300 decisions in that fiscal year. (4) The Board also noted in such report that there is a direct and proportional correlation between the number of members and staff of the Board and the number of decisions they can issue. 3. Minimum number of decision review officers at regional offices of Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that not fewer than three decision review officers are employed by the Department of Veterans Affairs at each regional office of the Department. (b) Notice (1) In general In any case in which the number of decision review officers employed by the Department at a regional office of the Department declines to fewer than three after the date that is 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 notice of such decline. (2) Contents Notice submitted under paragraph (1) with respect to a regional office of the Department shall include the following: (A) The number of decision review officers employed by the Department at such regional office. (B) A plan to increase the number of decision review officers at such regional office to at least three, including an estimate of when at least three decision review officers will be employed at such regional office. (C) A description of the measures that the Secretary plans to take to ensure that appeals properly before the Board of Veterans' Appeals that would normally be disposed of by decision review officers at such regional office are disposed of in a timely manner during the period in which fewer than three decision review officers are employed at such regional office. 4. Report (a) 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 ability of the Board of Veterans' Appeals to conduct hearings and dispose of appeals properly before the Board in a timely manner. (b) Contents The report required by subsection (a) shall include the following: (1) Whether the number of members of the Board is sufficient to conduct hearings and dispose of appeals properly before the Board in a timely manner. (2) An assessment of the feasibility and advisability of increasing the number of decision review officers by 10, 15, and 25 percent from the number of review officers employed by the Department on the day before the date of the enactment of this Act.

Veterans Appeals Improvement Act of 2014

Nurses for Under-Resourced Schools Everywhere Act or the NURSE Act - Authorizes the Secretary of Education to make competitive matching demonstration grants to local educational agencies (LEAs) in which the student-to-school nurse ratio in each of their public elementary and secondary schools is 750 or more students to every school nurse to pay a specified federal share of the cost of reducing such ratio. Gives grant priority to high-need LEAs that demonstrate: (1) the greatest need for new or additional nursing services for their students, or (2) that they do not have a school nurse in any of their schools. Defines a "high-need LEA" as an LEA for which not fewer than 10,000 or not less than 20% of the children served are from families with incomes below the poverty line.

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of reducing the student-to-school nurse ratio in public elementary schools and secondary schools. 1. Short title This Act may be cited as the Nurses for Under-Resourced Schools Everywhere Act NURSE Act 2. Findings Congress finds the following: (1) The American Academy of Pediatrics emphasizes the crucial role of school nurses in the seamless provision of comprehensive health services to children and youth, as well as in the development of a coordinated school health program. (2) The school nurse functions as a leader and the coordinator of the school health services team, facilitating access to a medical home for each child and supporting academic achievement. (3) School nurses promote wellness and disease prevention to improve health outcomes for our Nation’s children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (4) Recent national data indicates 45 percent of public schools have a school nurse all day, every day, while another 30 percent of schools have a school nurse who works part time in one or more schools. (5) The American Nurses Association has reported that when there is no registered nurse on the school premises, the responsibility to administer the necessary medications and treatments, and appropriate monitoring of the children, falls on the shoulders of administrators, educators, and staff who are ill-prepared to perform these tasks. (6) Statistics from the National Center for Education Statistics indicate that 15 to 18 percent of the 52,000,000 students who currently spend their day in school have a chronic health condition. (7) A recent study indicated that from 2002 to 2008, the percentage of children in special education with health impairments, due to chronic or acute health problems, increased by 60 percent. School nurses use their specialized knowledge, assessment skills, and judgment to manage children’s increasingly complex medical conditions and chronic health illnesses. (8) Among adolescents aged 12 to 19 years old, the prevalence of prediabetes and diabetes increased from 9 percent to 23 percent between 1999 and 2008. More than 30 percent of children aged 2 to 19 years old are obese or overweight (defined as having a body mass index of greater than the 85th percentile). In 2008, more than 10,000,000 children in the United States had asthma. The prevalence of food allergies among children under the age of 18 increased 19 percent from 1997 to 2007. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. (10) In 2011, the Bureau of the Census reported 9.7 percent of children under the age of 19, which equals 7,600,000 children under the age of 19, were without health insurance. Data shows that uninsured children achieve lower educational outcomes than those with health coverage. Children who cannot afford to see a medical provider miss more days of school, experience increased severity of illness, and suffer from disparities in health. (11) More than 1,600,000 children experience homelessness each year in the United States. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. School nurses serve on the front lines as a safety net for the Nation’s most vulnerable children. (12) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (13) A 2011 study showed that a school nurse in the building saves principals, teachers, and clerical staff a considerable amount of time that they would have spent addressing health concerns of students, including saving principals almost an hour a day, saving teachers almost 20 minutes a day, and saving clerical staff more than 45 minutes a day. This would amount to a savings of about 13 hours per day in the aggregate for such school personnel. (14) Determining a balanced student-to-school nurse ratio by using a formula-based approach, taking into consideration the overall health acuity of the student body and the workload of school nurses, offers a reasonable means for achieving better student outcomes. 3. Reducing student-to-school nurse ratios (a) Definitions In this section: (1) ESEA terms The terms elementary school local educational agency poverty line secondary school 20 U.S.C. 7801 (2) Acuity The term acuity (3) Eligible entity The term eligible entity (A) a local educational agency in which the student-to-school nurse ratio in each public elementary and secondary school served by the agency is 750 or more students to 1 school nurse; or (B) a consortium of local educational agencies described in subparagraph (A). (4) High-need local educational agency The term high-need local educational agency (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line. (5) Nurse The term nurse (6) Secretary The term Secretary (7) Workload The term workload (b) Demonstration grant program authorized From amounts appropriated to carry out this section, the Secretary of Education, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of reducing the student-to-school nurse ratios in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) student-to-school nurse ratio, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (d) Priority In awarding grants under this section, the Secretary shall give priority to each application submitted by an eligible entity that— (1) is a high-need local educational agency or a consortium composed of high-need local educational agencies; and (2) demonstrates— (A) the greatest need for new or additional nursing services among students in the public elementary schools and secondary schools served by the agency or consortium; or (B) that the eligible entity does not have a school nurse in any of the public elementary schools and secondary schools served by the eligible entity. (e) Federal Share; non-Federal Share (1) Federal Share The Federal share of a grant under this section— (A) shall not exceed 75 percent for each year of the grant; and (B) in the case of a multi-year grant, shall decrease for each succeeding year of the grant, in order to ensure the continuity of the increased hiring level of school nurses using State or local sources of funding following the conclusion of the grant. (2) Non-Federal Share The non-Federal share of a grant under this section may be in cash or in-kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. (3) Waiver The Secretary may waive or reduce the non-Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (f) Report Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of— (1) the effectiveness of the program in reducing the student-to-school nurse ratios described in subsection (b)(1); and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019.

NURSE Act

Wounded Veterans Recreation Act - Amends the Federal Lands Recreation Enhancement Act to require the National Parks and Federal Recreational Lands Pass, which is made available without charge to any U.S. citizen or person domiciled in the United States who has been medically determined to be permanently disabled, to be made available: (1) to any veteran with a service-connected disability, and (2) for the lifetime of the passholder.

To provide for a lifetime National Recreational Pass for any veteran with a service-connected disability, and for other purposes. 1. Short title This Act may be cited as the Wounded Veterans Recreation Act 2. National recreational passes for disabled veterans Section 805(b)(2) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6804(b)(2) (1) By inserting and for the lifetime of the passholder without charge (2) By striking charge, to charge, to the following: (3) By striking any United States (A) Any United States . (4) By inserting after residency. (B) Any veteran with a service-connected disability, as defined in section 101 . (5) By striking the last sentence.

Wounded Veterans Recreation Act

Native American Languages Reauthorization Act of 2014 - Amends the Native American Programs Act of 1974 to reauthorize through FY2019 and revise a grant program administered by the Administration for Native Americans at the Department of Health and Human Services (HHS) to ensure the survival and continuing vitality of Native American languages. Decreases the required minimum number of enrollees in educational programs funded by the grant program from: 10 to 5 enrollees in Native American language nests, and 15 to 10 enrollees in the Native American language survival schools. Changes the duration of grants provided under the program.

To amend the Native American Programs Act of 1974 to reauthorize a provision to ensure the survival and continuing vitality of Native American languages. 1. Reauthorization of Native American languages program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) 2008, 2009, 2010, 2011, and 2012 2015 through 2019 1. Short title This Act may be cited as the Native American Languages Reauthorization Act of 2014 2. Native American languages grant program Section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (1) in subsection (b)(7)— (A) in subparagraph (A)(i), by striking 10 5 (B) in subparagraph (B)(i), by striking 15 10 (2) in subsection (e)(2)— (A) by striking or 3-year basis 3-year, 4-year, or 5-year basis (B) by inserting , 4-year, or 5-year on a 3-year 3. Reauthorization of Native American languages program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) 2008, 2009, 2010, 2011, and 2012 2015 through 2019 Amend the title so as to read: A bill to amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages. August 26, 2014 Reported with an amendment and an amendment to the title

Native American Languages Reauthorization Act of 2014

Jacob Sexton Military Suicide Prevention Act of 2014 - Directs the Secretary of Defense (DOD), at least once each year, to: (1) provide a person-to-person mental health assessment for each member of the Armed Forces on active duty and for each member of the Ready Reserve of an Armed Force for the purpose of identifying mental health conditions to determine which members are in need of additional care, treatment, or other services; and (2) submit to the House and Senate Armed Services Committees a report on such assessments, including on the number of members referred for care and services based on mental health conditions detected. Requires the Secretary to: (1) convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves; (2) report the findings and recommendations of the working group to specified congressional committees; and (3) report to the Armed Services Committees on an evaluation of specific tools, processes, and best practices to improve the identification of, and treatment by the Armed Forces of, mental health conditions and traumatic brain injury among members of the Armed Forces.

To amend title 10, United States Code, to require the Secretary of Defense to conduct periodic mental health assessments for members of the Armed Forces and to submit reports with respect to mental health, and for other purposes. 1. Short title This Act may be cited as the Jacob Sexton Military Suicide Prevention Act of 2014 2. Annual mental health assessments for members of the Armed Forces (a) Mental health assessments (1) In general Chapter 55 section 1074m 1074n. Annual mental health assessments for members of the armed forces (a) Mental health assessments Subject to subsection (d), not less frequently than once each calendar year, the Secretary of Defense shall provide a person-to-person mental health assessment for— (1) each member of the armed forces on active duty; and (2) each member of the Ready Reserve of an armed force. (b) Purpose The purpose of a mental health assessment provided pursuant to this section shall be to identify mental health conditions among members of the armed forces in order to determine which such members are in need of additional care, treatment, or other services for such health conditions. (c) Elements The mental health assessments provided pursuant to this section shall— (1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and (2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary. (d) Sufficiency of other mental health assessments (1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title. (2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section. (e) Reports (1) Not less frequently than once each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the annual mental health assessments of members of the armed forces conducted pursuant to this section. (2) Each report required by paragraph (1) shall include, with respect to assessments conducted pursuant to this section during the one-year period preceding the date of the submittal of such report, the following: (A) The number of members who received an assessment. (B) A description of the tools and processes used to provide such assessments, including— (i) whether such tools and processes are evidenced-based; and (ii) the process by which such tools and processes have been approved for use in providing mental health assessments. (C) A description of the mental health conditions detected through such assessments. (D) The number of members referred for care and services based on mental health conditions detected through such assessments. (E) Such recommendations for improving the monitoring and reporting of the number of members who receive care and services based on such referrals as the Secretary considers appropriate. (F) Such recommendations for improving the tools and processes used to conduct such assessments, including tools that may address the underreporting of mental health conditions, as the Secretary considers appropriate. (3) No personally identifiable information may be included in any report under paragraph (1). (f) Privacy matters Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (g) Regulations The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section. . (2) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074m the following new item: 1074n. Annual mental health assessments for members of the armed forces. . (3) Implementation Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(g) (b) Conforming amendment Section 1074m(e)(1) of such title is amended by inserting and section 1074n of this title pursuant to this section 3. Interagency working group on the provision of mental health services to members of the National Guard and the Reserves (a) Establishment Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, the Assistant Secretary of Defense for Reserve Affairs, the Assistant Secretary of Defense for Health Affairs, the Chief of the National Guard Bureau, and the Secretary of Health and Human Services, convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves. (b) Duties The duties of the interagency working group convened pursuant to subsection (a) are as follows: (1) To review existing programs that can be used to improve the provision of accessible, timely, and high-quality mental health services to members of the National Guard and the Reserves. (2) To recommend new interagency programs and partnerships to improve the provision of such mental health services to such members. (3) To recommend best practices for partnerships among the Armed Forces, the National Guard, the Department of Health and Human Services, States, and private and academic entities to improve the provision of mental health care to members of the National Guard and the Reserves. (c) Consultation In carrying out the duties under subsection (b), the interagency working group may consult with representatives of academia, industry, and such other relevant agencies, organizations, and institutions as the interagency working group considers appropriate. (d) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report that includes the findings and recommendations of the interagency working group. (2) Appropriate committees of Congress In this subsection, the term appropriate committees of Congress (A) the congressional defense committees, as that term is defined in section 101(a)(16) (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Energy and Commerce of the House of Representatives. (e) Privacy matters (1) In general Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (2) Exclusion of personally identifiable information from reports No personally identifiable information may be included in any report required by subsection (d). 4. Report on improvements in the identification and treatment of mental health conditions and traumatic brain injury among members of the Armed Forces (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth an evaluation of specific tools, processes, and best practices to improve the identification of and treatment by the Armed Forces of mental health conditions and traumatic brain injury among members of the Armed Forces. (b) Elements The report under subsection (a) shall include the following: (1) An evaluation of existing peer-to-peer identification and intervention programs in each of the Armed Forces. (2) An evaluation of the Star Behavioral Health Providers program and similar programs that provide training and certification to health care providers that treat mental health conditions and traumatic brain injury in members of the Armed Forces. (3) An evaluation of programs and services provided by the Armed Forces that provide training and certification to providers of cognitive rehabilitation and other rehabilitation for traumatic brain injury to members of the Armed Forces. (4) An evaluation of programs and services provided by the Armed Forces that target members of the Armed Forces and family members affected by suicides among members of the Armed Forces. (5) An evaluation of tools and processes used by the Armed Forces to identify traumatic brain injury in members of the Armed Forces and to distinguish mental health conditions likely caused by traumatic brain injury from mental health conditions caused by other factors. (6) An evaluation of the unified effort of the Armed Forces to promote mental health and prevent suicide through the integration of clinical and non-clinical programs of the Armed Forces. (7) Recommendations with respect to improving, consolidating, expanding, and standardizing the programs, services, tools, processes, and efforts described in paragraphs (1) through (6). (8) A description of existing efforts to reduce the time from development and testing of new mental health and traumatic brain injury tools and treatments for members of the Armed Forces to widespread dissemination of such tools and treatments among the Armed Forces. (9) Recommendations as to the feasibility and advisability of establishing preliminary mental health assessments and pre-discharge mental health assessments for members of the Armed Forces, including the utility of using tools and processes in such mental health assessments that conform to those used in other mental health assessments provided to members of the Armed Forces. (10) Recommendations on tracking changes in the mental health assessment of a member of the Armed Forces relating to traumatic brain injury, post-traumatic stress disorder, depression, anxiety, and other conditions. (11) A description of the methodology used by the Secretary in preparing the report required by this section, including a description of the input provided by the entity and individuals consulted pursuant to subsection (c). (c) Consultation The Secretary of Defense shall carry out this section in consultation with the following: (1) An advisory council composed of— (A) behavioral health officers of the Public Health Service; and (B) mental health and other health providers who serve members of the regular and reserve components of each Armed Force. (2) The Assistant Secretary of Defense for Health Affairs. (3) The Assistant Secretary of Defense for Reserve Affairs. (4) The Secretaries of the military departments. (5) The Chief of the National Guard Bureau. (6) The Secretary of Veterans Affairs. (7) The Secretary of Health and Human Services. (8) The Director of the Centers for Disease Control and Prevention. (9) The Administrator of the Substance Abuse and Mental Health Services Administration. (10) The Director of the National Institutes of Health. (11) The President of the Institute of Medicine. (d) Privacy matters (1) In general Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. (2) Exclusion of personally identifiable information from reports No personally identifiable information may be included in any report required by subsection (a). (e) Definitions In this section: (1) Preliminary mental health assessment The term preliminary mental health assessment (2) Pre-discharge mental health assessment The term pre-discharge mental health assessment

Jacob Sexton Military Suicide Prevention Act of 2014

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 - Amends the federal criminal code to expand the definition of "full amount of the victim's losses" for purposes of provisions governing mandatory restitution of victims of offenses involving sexual exploitation and other abuse of children to include medical services, physical and occupational therapy or rehabilitation, and lost income for the victim's lifetime, as well as any losses suffered by the victim from any sexual act or conduct in preparation for or during the production of child pornography depicting the victim involved in the offense. Sets forth guidelines for determining restitution where the victim of of a specified child pornography offense was harmed by one defendant (requiring restitution for not less than the full amount of the victim's losses) or by more than one defendant (requiring restitution for not more than the full amount of the victim's losses and not less than specified minimum amounts for certain offenses). Requires joint and several liability where there are multiple defendants and allows each defendant who is ordered to pay restitution and who has made full payment to the victim equal to or exceeding the specified minimum amount to recover contribution from any other defendant ordered to pay. Sets forth contribution claim procedures. Requires the Attorney General to report to Congress within one year after enactment of this Act on any progress of the Department of Justice (DOJ) in obtaining restitution for victims of such offenses.

To amend section 2259 1. Short title This Act may be cited as the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 2. Findings Congress finds the following: (1) The demand for child pornography harms children because it drives production, which involves severe and often irreparable child sexual abuse and exploitation. (2) The harms caused by child pornography are more extensive than the harms caused by child sex abuse alone because child pornography is a permanent record of the abuse of the depicted child, and the harm to the child is exacerbated by its circulation. Every viewing of child pornography is a repetition of the victim's original childhood sexual abuse. (3) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed. (4) The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim’s childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. Multiple actors independently commit intentional crimes that combine to produce an indivisible injury to a victim. (5) It is the intent of Congress that victims of child pornography be fully compensated for all the harms resulting from each and every perpetrator who contributes to their anguish. (6) Congress intends to adopt and hereby adopts an aggregate causation standard to address the unique crime of child pornography and the unique harms caused by child pornography. (7) Victims should not be limited to receiving restitution from defendants only for losses caused by each defendant’s own offense of conviction. Courts must apply a less restrictive aggregate causation standard in child pornography cases, while also recognizing appropriate constitutional limits and protections for defendants. 3. Mandatory restitution Section 2259 (1) in subsection (b), by striking paragraph (3) and inserting the following: (3) Definition (A) For purposes of this subsection, the term full amount of the victim's losses (i) lifetime medical services relating to physical, psychiatric, or psychological care; (ii) lifetime physical and occupational therapy or rehabilitation; (iii) necessary transportation, temporary housing, and child care expenses; (iv) lifetime lost income; and (v) attorneys’ fees, as well as other costs incurred. (B) For purposes of this subsection, the term full amount of the victim's losses (C) For purposes of this subsection, the term full amount of the victim's losses ; (2) by redesignating subsection (c) as subsection (d); (3) by inserting after subsection (b) the following: (c) Determining restitution (1) Harmed by one defendant If the victim was harmed as a result of the commission of an offense under section 2251, 2251A, 2252, 2252A, or 2260 by 1 defendant, the court shall determine the full amount of the victim's losses caused by the defendant and enter an order of restitution for an amount that is not less than the full amount of the victim's losses. (2) Harmed by more than one defendant If the victim was harmed as a result of offenses under section 2251, 2251A, 2252, 2252A, or 2260 by more than 1 person, regardless of whether the persons have been charged, prosecuted, or convicted in any Federal or State court of competent jurisdiction within the United States, the court shall determine the full amount of the victim’s losses caused by all such persons, or reasonably expected to be caused by such persons, and enter an order of restitution against the defendant in favor of the victim for— (A) the full amount of the victim's losses; or (B) an amount that is not more than the amount described in subparagraph (A) and not less than— (i) $250,000 for any offense or offenses under section 2251(a), 2251(b), 2251(c), 2251A, 2252A(g), or 2260(a); (ii) $150,000 for any offense or offenses under section 2251(d), 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2252A(a)(6), 2252A(a)(7), or 2260(b); or (iii) $25,000 for any offense or offenses under section 2252(a)(4) or 2252A(a)(5). (3) Maximum amount of restitution No order of restitution issued under this section may exceed the full amount of the victim's losses. (4) Joint and several liability Each defendant against whom an order of restitution is issued under paragraph (2)(A) shall be jointly and severally liable to the victim with all other defendants against whom an order of restitution is issued under paragraph (2)(A) in favor of such victim. (5) Contribution Each defendant who is ordered to pay restitution under paragraph (2)(A), and has made full payment to the victim equal to or exceeding the statutory minimum amount described in paragraph (2)(B), may recover contribution from any defendant who is also ordered to pay restitution under paragraph (2)(A). Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure. In resolving contribution claims, the court may allocate payments among liable parties using such equitable factors as the court determines are appropriate so long as no payments to victims are reduced or delayed. No action for contribution may be commenced more than 5 years after the date on which the defendant seeking contribution was ordered to pay restitution under this section. ; (4) in subsection (d), as redesignated, by striking a commission of a crime under this chapter, or by the commission of (i) an offense under this chapter or (ii) a series of offenses under this chapter committed by the defendant and other persons causing aggregated losses, (5) by adding at the end the following: (e) Report Not later than 1 year after the date of enactment of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 .

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014

Afghan Allies Protection Extension Act - Amends the Afghan Allies Protection Act of 2009 to extend: (1) the Afghan special immigrant visa program through FY2015, and (2) unused visa carryover authority through December 31, 2016. Expands the scope of a principal alien's qualifying employment to include employment by or on behalf of: (1) an organization associated with the U.S. mission in Afghanistan that has received U.S. funding through an official and documented contract, grant, or cooperative agreement; or (2) a media or nongovernmental organization headquartered in the United States. Revises family member requirements.

To provide for a 1-year extension of the Afghan Special Immigrant Visa Program, and for other purposes. 1. Short title This Act may be cited as the Afghan Allies Protection Extension Act 2. Extension and expansion of Afghan Special Immigrant Visa Program Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 (1) in paragraph (2)— (A) in subparagraph (A)— (i) by amending clause (ii) to read as follows: (ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— (I) by, or on behalf of, the United States Government; (II) by, or on behalf of, an organization or entity closely associated with the United States mission in Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement, including the International Security Assistance Force; or (III) by, or on behalf of, a media or nongovernmental organization headquartered in the United States; ; (ii) in clause (iii), by striking the United States Government an entity or organization described in clause (ii) (iii) in clause (iv), by striking by the United States Government described in clause (ii) (B) by amending subparagraph (B) to read as follows: (B) Family members An alien is described in this subparagraph if the alien is— (i) the spouse or minor child of a principal alien described in subparagraph (A) who is accompanying or following to join the principal alien in the United States; or (ii) (I) the spouse, child, parent, or sibling of a principal alien described in subparagraph (A), whether or not accompanying or following to join; and (II) has experienced or is experiencing an ongoing serious threat as a consequence of the qualifying employment of a principal alien described in subparagraph (A). ; and (2) in paragraph (3), by amending subparagraph (D) to read as follows: (D) Additional fiscal years For each of fiscal years 2014 and 2015, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000 per year, except that— (i) notwithstanding subparagraph (C), any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 and 2015 may be carried forward and provided through December 31, 2016; (ii) the 1-year period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) shall be the period from October 7, 2001, through December 31, 2014; and (iii) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2015. .

Afghan Allies Protection Extension Act

United States Coast Guard Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the United States Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. Requires the design of such coins to be emblematic of the traditions, history, and heritage of the Coast Guard, and its role in securing our nation since 1790. Prescribes design requirements. Restricts the issuance of such coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design and construction of the National Coast Guard Museum.

To require the Secretary of the Treasury to mint coins in commemoration of the United States Coast Guard. 1. Short title This Act may be cited as the United States Coast Guard Commemorative Coin Act 2. Findings The Congress finds the following: (1) The United States Coast Guard was founded on August 4, 1790, as the Revenue Cutter Service under the United States Department of the Treasury. (2) Congress created the Coast Guard on January 28, 1915, by merging the Revenue Cutter Service and the United States Lifesaving Service, was moved to the Department of Transportation in 1967, and on February 25, 2003, became part of the Department of Homeland Security. (3) Although the smallest of the uniformed services, today the United States Coast Guard conducts a wide variety of missions to protect the public, the environment, and the United States economic and security interests in any maritime region, including international waters and America’s coasts, ports, and inland waterways. (4) Every day, the United States Coast Guard plays a broad and important role in homeland security, law enforcement, search and rescue, marine environmental pollution response, and the maintenance of river, intra-coastal and offshore aids to navigation (ATON). (5) The United States Coast Guard is our Nation’s oldest seafaring military service, staying true to their motto, Semper Paratus or Always Ready, (6) The United States Coast Guard has an estimated 42,300 men and women on active duty, who in 2012 responded to nearly 20,000 search and rescue incidents saving over 3,500 lives and protecting $77 million in property, removed 107 metric tons of cocaine and 56 metric tons of marijuana headed to the United States, and interdicted nearly 3,000 undocumented migrants on the high seas attempting to illegally enter the United States. (7) Section 213 of Public Law 108–293 The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy (8) The National Coast Guard Museum Association, a nonprofit association dedicated to improve public understanding of the history, service and missions of the Coast Guard, is working with the United States Coast Guard, the City of New London, the State of Connecticut, and a range of local, regional, and national stakeholders to develop, plan and raise capital for the National Coast Guard Museum, to be located in New London, Connecticut. (9) The United States Coast Guard is the only military service without a national museum through which to share its history and legacy with the American public. 3. Coin Specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins Not more than 750,000 half dollar coins, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 (c) Numismatic items For purposes of sections 5134 5136 4. Design of Coin (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the traditions, history, and heritage of the United States Coast Guard, and its role in securing our Nation since 1790. (2) Designations and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2017 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The design for the coins minted under this Act shall— (1) contain motifs that specifically honor the American Coast Guardsman of both today and yesterday, in wartime and in peace, such designs to be consistent with the traditions and heritage of the United States Coast Guard, the mission and goals of the National Coast Guard Museum, and the missions and goals of the National Coast Guard Museum Foundation; (2) be selected by the Secretary, after consultation with the Secretary of Homeland Security, the National Coast Guard Museum Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facilities For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution Subject to section 5134(f) (c) Audits The National Coast Guard Museum Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).

United States Coast Guard Commemorative Coin Act

Expanding Opportunity through Quality Charter Schools Act - Revises subpart 1 (Charter School Programs) of part B (Public Charter Schools) of title V (Promoting Informed Parental Choice and Innovative Programs) of the Elementary and Secondary Education Act of 1965, including by subsuming subpart 2 (Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction, and Renovation) under subpart 1. Replaces the current charter school grant program with a program awarding competitive grants to state entities (state educational agencies, state charter school boards, Governors, or charter school support organizations) and, through such grantees, competitive subgrants to charter school developers to open new charter schools and expand and replicate high-quality charter schools. Requires grantees to use at least 7% of the grant funds to: (1) provide technical assistance to subgrantees and authorized public chartering agencies, and (2) work with those agencies to improve the charter school authorization process. Permits the Secretary of Education to waive certain statutory or regulatory requirements if the waiver is requested by a grant applicant and promotes the purpose of the Charter School program without tampering with what is definitionally required of charter schools. Requires the Secretary to award at least three credit enhancement grants to public entities, private nonprofit entities, or consortia of such entities that have the highest-quality applications. (Currently, the Secretary is required to award at least three grants, including at least one to a public entity, one to a private nonprofit entity, and one to a consortium of such entities, provided an application from each merits approval.) Revises the per-pupil facilities aid program (under which the Secretary makes competitive matching grants to states to provide per-pupil financing to charter schools) to allow states to: (1) partner with organizations to provide up to 50% of the state share of funding for the program; and (2) receive more than one program grant, so long as the amount of the grant funds provided to charter schools increases with each successive grant. Directs the Secretary to conduct national activities that include: providing state entities with technical assistance in awarding subgrants to charter school developers; disseminating best practices regarding public charter schools; evaluating the charter school program's impact, including its impact on student achievement; awarding competitive grants directly to charter school developers in states that have not applied for or received a charter school grant to open, replicate, and expand charter schools; and awarding competitive grants to charter management organizations or nonprofit organizations that oversee and coordinate a group of such organizations to expand and replicate high-quality charter schools. Requires states and local educational agencies to ensure that a student's records are transferred as quickly as possible to a charter school or another public school when the student transfers from one such school to the other. Allows charter schools to serve prekindergarten or postsecondary school students. Reauthorizes appropriations through FY2020.

To amend the charter school program under the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Expanding Opportunity through Quality Charter Schools Act 2. References Except as otherwise specifically provided, whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 3. Purpose Section 5201 ( 20 U.S.C. 7221 5201. Purpose It is the purpose of this subpart to— (1) improve the United States education system and educational opportunities for all individuals in the United States by supporting innovation in public education in public school settings that prepare students to compete in, and contribute to, the global economy; (2) provide financial assistance for the planning, program design, and initial implementation of charter schools; (3) increase the number of high-quality charter schools available to students across the Nation; (4) evaluate the impact of such schools on student achievement, families, and communities, and share best practices among charter schools and other public schools; (5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (6) expand opportunities for students with disabilities, students who are limited English proficient, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; and (7) support efforts to strengthen the charter school authorizing process in order to improve performance management, including transparency, monitoring, and evaluation of such schools. . 4. Program authorized Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 5202. Program authorized (a) In general The Secretary is authorized to carry out a charter school program that supports charter schools that serve elementary school and secondary school students by— (1) supporting the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (B) the dissemination of best practices of charter schools for all schools; (C) the evaluation of the impact of the charter school program on schools participating in such program; and (D) stronger charter school authorizing. (b) Funding Allotment From the amount made available under section 5211 for a fiscal year, the Secretary shall— (1) reserve 12.5 percent to support charter school facilities assistance under section 5204; (2) reserve not less than 25 percent to carry out national activities under section 5205; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5203. (c) Prior grants and subgrants The recipient of a grant or subgrant under this subpart, as such subpart was in effect on the day before the date of enactment of the Expanding Opportunity through Quality Charter Schools Act, shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. . 5. Grants to support high-quality charter schools Section 5203 ( 20 U.S.C. 7221b 5203. Grants to support high-quality charter schools (a) State Entity Defined For purposes of this section, the term State entity (1) a State educational agency; (2) a State charter school board; (3) a Governor of a State; or (4) a charter school support organization. (b) Program authorized From the amount available under section 5202(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to— (1) award subgrants to eligible applicants— (A) to open new charter schools; (B) to replicate high-quality charter schools; or (C) to expand high-quality charter schools; and (2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1) and work with authorized public chartering agencies in the State to improve authorizing quality. (c) State entity uses of funds (1) In general A State entity receiving a grant under this section shall— (A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the entity's application pursuant to subsection (f), for the purposes described in subparagraphs (A) through (C) of subsection (b)(1); (B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and (C) reserve not more than 3 percent of such funds for administrative costs, which may include the administrative costs of providing technical assistance. (2) Contracts and grants A State entity may use a grant received under this section to carry out the activities described in subparagraph (A) of paragraph (1) directly or through grants, contracts, or cooperative agreements. (3) Rule of construction Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or State entities from awarding subgrants to eligible applicants, that use a weighted lottery, or an equivalent lottery mechanism, to give better chances for school admission to all or a subset of educationally disadvantaged students if— (A) the use of a weighted lottery in favor of such students is not prohibited by State law, and such State law is consistent with the laws described in subparagraph (G) of section 5210(2); and (B) such weighted lottery is not used for the purpose of creating schools exclusively to serve a particular subset of students. (d) Program periods; peer review; distribution of subgrants; waivers (1) Program periods (A) Grants A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for 1 additional 2-year period. (B) Subgrants A subgrant awarded by a State entity under this section— (i) shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design; and (ii) may be renewed by the State entity for 1 additional 2-year period. (2) Peer Review The Secretary, and each State entity awarding subgrants under this section, shall use a peer review process to review applications for assistance under this section. (3) Distribution of subgrants Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) prioritize eligible applicants that plan to serve a significant number of students from low-income families; (B) are distributed throughout different areas, including urban, suburban, and rural areas; and (C) will assist charter schools representing a variety of educational approaches. (4) Waivers The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority, except any such requirement relating to the elements of a charter school described in section 5210(2), if— (A) the waiver is requested in an approved application under this section; and (B) the Secretary determines that granting such a waiver will promote the purposes of this subpart. (e) Limitations (1) Grants A State entity may not receive more than 1 grant under this section at a time. (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for each grant period or renewal period, unless the eligible applicant demonstrates to the State entity that the charter school has demonstrated a strong track record of positive results over the course of the grant period regarding the elements described in subparagraphs (A) and (D) of section 5210(8). (f) Applications A State entity desiring 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. The application shall include the following: (1) Description of program A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the State entity will— (i) support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools, and the proposed number of charter schools to be opened, replicated, or expanded under the State entity’s program; (ii) inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by such applicants and the students attending those charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iv) in the case of a State entity that is not a State educational agency— (I) work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (II) work with the State educational agency to operate the State entity’s program under this section, if applicable; (v) ensure each eligible applicant that receives a subgrant under the State entity’s program— (I) is opening or expanding schools that meet the definition of a charter school under section 5210(2); and (II) is prepared to continue to operate such charter schools once the subgrant funds under this section are no longer available; (vi) support charter schools in local educational agencies with large numbers of schools that have been identified by the State for improvement; (vii) work with charter schools to promote inclusion of all students and support all students upon enrollment in order to promote retention of students in the school; (viii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to attend charter schools; (ix) share best and promising practices among charter schools and other public schools; (x) ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including students with disabilities and students who are limited English proficient; and (xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D) (B) a description of how the State will actively monitor and hold authorized public chartering agencies accountable to ensure high-quality authorizing activity, including by establishing authorizing standards and by approving, re-approving, and revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial management, and compliance with all applicable statutes; (C) a description of the extent to which the State entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); and (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools; (D) a description of how the State entity will award subgrants, on a competitive basis, including— (i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— (I) a description of the roles and responsibilities of eligible applicants and of any charter management organizations or other organizations with which the eligible applicant will partner to open charter schools, including administrative and contractual roles and responsibilities; (II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, and how a school’s performance on the State’s academic accountability system and impact on student achievement, which may include student growth, will be primary factors for renewal or revocation of the school’s charter; and (III) a description of how the autonomy and flexibility granted to the charter school are consistent with the definition of a charter school in section 5210(2); and (IV) a description of the planned activities and expenditures of subgrant funds for purposes of opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, and how the charter school will maintain financial sustainability after the end of the subgrant period; and (ii) a description of how the State entity will review applications from eligible applicants; (E) in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; and (F) a description of how the State entity will help the charter schools receiving funds under the State entity’s program address the transportation needs of the schools’ students. (2) Assurances Assurances that— (A) each charter school receiving funds through the State entity’s grant program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions; (B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x) (C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (i) ensures that each charter school under the authority of such agency is meeting the requirements of this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (ii) adequately monitors and provides adequate technical assistance to each charter school under the authority of such agency in recruiting, enrolling, and meeting the needs of all students, including students with disabilities and students who are limited English proficient; (D) the State entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State in improving the monitoring of the charter schools authorized by such agency, including by— (i) using annual performance data, which may include graduation rates and student academic growth data, as appropriate, to measure a school's progress toward becoming a high-quality charter school; (ii) reviewing the schools' independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported; and (iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; and (E) the State entity will ensure that each charter school in the State makes publicly available, consistent with the dissemination requirements of the annual State report card, information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, and annual performance and enrollment data for the groups of students described in section 1111(b)(2)(C)(v)(II). (3) Requests for waivers A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request necessary waivers, if applicable. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f) (A) the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under the law; (B) the proposed number of new charter schools to be opened, and, if applicable, the number of high-quality charter schools to be replicated or expanded under the program, and the number of new students to be served by such schools; (C) the likelihood that the schools opened, replicated, or expanded by eligible applicants receiving subgrant funds will increase the academic achievement of the school's students and progress toward becoming high-quality charter schools; and (D) the quality of the State entity’s plan to— (i) monitor the eligible applicants receiving subgrants under the State entity’s program; and (ii) provide technical assistance and support for— (I) the eligible applicants receiving subgrants under the State entity’s program; and (II) quality authorizing efforts in the State. (2) Priority In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria: (A) The State entity is located in a State that— (i) allows at least one entity that is not a local educational agency to be an authorized public chartering agency for each developer seeking to open a charter school in the State; or (ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures that charter schools receive equitable financing, as compared to traditional public schools, in a prompt manner. (C) The State entity is located in a State that provides charter schools one or more of the following: (i) Funding for facilities. (ii) Assistance with facilities acquisition. (iii) Access to public facilities. (iv) The ability to share in bonds or mill levies. (v) The right of first refusal to purchase public school buildings. (vi) Low- or no-cost leasing privileges. (D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies. (E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (F) The State entity ensures that each charter school has a high degree of autonomy over the charter school’s budget and operations, including autonomy over personnel decisions. (G) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, which may include— (1) supporting the acquisition, expansion, or preparation of a charter school building to meet increasing enrollment needs, including financing the development of a new building and ensuring that a school building complies with applicable statutes and regulations; (2) paying costs associated with hiring additional teachers to serve additional students; (3) providing transportation to students to and from the charter school; (4) providing instructional materials, implementing teacher and principal professional development programs, and hiring additional non-teaching staff; and (5) supporting any necessary activities that assist the charter school in carrying out the purposes of this section, such as preparing individuals to serve as members of the charter school’s board. (i) Reporting requirements Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the grant period and at the end of any renewal period, a report that includes the following: (1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the subgrant period. (2) The number and amount of subgrants awarded under this section to carry out each of the following: (A) The opening of new charter schools. (B) The replication of high-quality charter schools. (C) The expansion of high-quality charter schools. (3) The progress the State entity made toward meeting the priorities described in subsection (g)(2), as applicable. (4) A description of— (A) how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application; and (B) how the State entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools that received subgrant funds, if applicable. . 6. Facilities financing assistance Section 5204 ( 20 U.S.C. 7221c 5204. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 5202(b)(1), the Secretary shall use not less than 50 percent to award not less than 3 grants, on a competitive basis, to eligible entities that have the highest-quality applications approved under subsection (d) to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined For purposes of this section, the term eligible entity (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee Selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant Characteristics Grants under subsection (a) (d) Applications (1) In general To receive a grant under subsection (a) (2) Contents An application submitted under paragraph (1) (A) a statement identifying the activities proposed to be undertaken with funds received under subsection (a) (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and which are necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools to accomplish the objectives described in subsection (e) subsection (a) subsection (a) subsection (g) (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e) (B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) subsection (k) (h) Audits and reports (1) Financial Record Maintenance and Audit The financial records of each eligible entity receiving a grant under subsection (a) (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e) (vi) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k) (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k) (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) subsection (k)) subsection (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) such subsection (2) Exercise of Authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1) (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5202(b)(1) and remaining after the Secretary makes grants under subsection (a) (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special Rule A State that is required under State law to provide charter schools in the State with access to adequate facility space may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. . 7. National activities Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 5205. National activities (a) In general From the amount reserved under section 5202(b)(2), the Secretary shall— (1) use not less than 80 percent of such funds to award grants in accordance with subsection (b); and (2) use the remainder of such funds to— (A) disseminate technical assistance to State entities in awarding subgrants under section 5203(b)(1)(A); (B) disseminate best practices regarding public charter schools; (C) evaluate the impact of the charter school program carried out under this subpart, including the impact on student achievement; and (D) make grants, on a competitive basis, for the purpose of carrying out the activities described in section 5203(h), to eligible applicants that desire to open a charter school, replicate a high-quality charter school, or expand a high-quality charter school in— (i) a State that did not apply for a grant under section 5203; or (ii) a State that did not receive a grant under section 5203. (b) Grants for the replication and expansion of high-Quality charter schools The Secretary shall make grants, on a competitive basis, to eligible entities having applications approved under paragraph (2) to enable such entities to replicate a high-quality charter school or expand a high-quality charter school. (1) Definition of eligible entity For purposes of this subsection, the term eligible entity (A) a charter management organization that, at the time of the application, operates or manages one or more high-quality charter schools; or (B) a nonprofit organization that oversees and coordinates the activities of a group of such charter management organizations. (2) Application requirements An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (A) A description of the eligible entity’s objectives for implementing a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools to be replicated or expanded with funding under this subsection. (B) A description of the educational program that the eligible entity will implement in the charter schools that the eligible entity proposes to replicate or expand, including information on how the program will enable all students to meet challenging State academic standards, the grade levels or ages of students that will be served, and the instructional practices that will be used. (C) A multi-year financial and operating model for the eligible entity, including a description of how the operation of the charter schools to be replicated or expanded will be sustained after the grant under this subsection has ended. (D) A description of how the eligible entity will inform all students in the community, including students with disabilities, students who are limited English proficient, and other educationally disadvantaged students, about the charter schools to be replicated or expanded with funding under this subsection. (E) For each charter school currently operated or managed by the eligible entity— (i) student assessment results for all students and for the subgroups of students described in section 1111(b)(2)(C)(v)(II); and (ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort high school graduation rate (as defined in section 200.19(b)(1)(i)(A) (F) Information on any significant compliance issues encountered, within the last 3 years, by any school operated or managed by the eligible entity, including in the areas of student safety and financial management. (G) A request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of the charter schools to be opened or expanded with funding under this subsection. (3) Selection criteria The Secretary shall select eligible entities to receive grants under this subsection, on the basis of the quality of the applications submitted under paragraph (2), after taking into consideration such factors as— (A) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for all students attending the charter schools the eligible entity operates or manages; (B) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for the subgroups of students described in section 1111(b)(2)(C)(v)(II); (C) the quality of the eligible entity’s financial and operating model as described under paragraph (2)(C), including the quality of the eligible entity’s plan for sustaining the operation of the charter schools to be replicated or expanded after the grant under this subsection has ended; (D) a determination that the eligible entity has not operated or managed a significant proportion of charter schools that— (i) have been closed; (ii) have had a school charter revoked due to problems with statutory or regulatory compliance; or (iii) have had the school's affiliation with the eligible entity revoked; and (E) a determination that the eligible entity has not experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school’s charter. (4) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that operate or manage charter schools that, in the aggregate, serve students at least 60 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act. (5) Terms and conditions Except as otherwise provided in this subsection, grants awarded under subsection (a)(2)(D) and subsection (b) shall have the same terms and conditions as grants awarded to State entities under section 5203. . 8. Records transfer Section 5208 (20 U.S.C. 7221g) is amended by inserting as quickly as possible and to the extent practicable 9. Definitions Section 5210 ( 20 U.S.C. 7221i (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (5), and (6), respectively; (2) by redesignating paragraph (4) as paragraph (1), and moving such paragraph so as to precede paragraph (2), as redesignated by paragraph (1) of this section; (3) in paragraph (2), as redesignated by paragraph (1)— (A) in subparagraph (G), by striking , and part B , the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 20 U.S.C. 1232 Family Educational Rights and Privacy Act of 1974 (B) by striking subparagraph (H) and inserting the following: (H) is a school to which parents choose to send their children, and which— (i) admits students on the basis of a lottery, if more students apply for admission than can be accommodated; or (ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i); ; (C) by striking subparagraph (I) and inserting the following: (I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State; ; (D) in subparagraph (K), by striking and (E) in subparagraph (L), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (M) may serve prekindergarten or postsecondary students. ; (4) by inserting after paragraph (2), as redesignated by paragraph (1), the following: (3) Charter management organization The term charter management organization (4) Charter school support organization The term charter school support organization (A) assistance to developers during the planning, program design, and initial implementation of a charter school; and (B) technical assistance to operating charter schools. ; (5) in paragraph (5)(B), as redesignated by paragraph (1), by striking under section 5203(d)(3) (6) by adding at the end the following: (7) Expansion of a high-quality charter school The term expansion of a high-quality charter school (8) High-quality charter school The term high-quality charter school (A) shows evidence of strong academic results, which may include strong academic growth, as determined by a State; (B) has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for the subgroups of students described in section 1111(b)(2)(C)(v)(II), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (9) Replication of a high-quality charter school The term replication of a high-quality charter school (A) under an existing charter or an additional charter, if permitted by State law; (B) based on the model of a high-quality charter school; and (C) that will be operated or managed by the same nonprofit organization that operates or manages such high-quality charter school under an existing charter. . 10. Authorization of appropriations Section 5211 ( 20 U.S.C. 7221j 5211. Authorization of appropriations There are authorized to be appropriated to carry out this subpart $300,000,000 for fiscal year 2015 and such sums as may be necessary for each of the 5 succeeding fiscal years. . 11. Conforming amendments (a) Repeal Subpart 2 of part B of title V (20 U.S.C. 7223 et seq.) is repealed. (b) Table of contents The table of contents in section 2 is amended— (1) by striking the item relating to subpart 1 of part B of title V and inserting the following: Subpart 1—Charter School Program ; (2) by striking the item relating to section 5203 and inserting the following: Sec. 5203. Grants to support high-quality charter schools. ; and (3) by striking the item relating to section 5204 and inserting the following: Sec. 5204. Facilities financing assistance. . (c) Subpart heading The heading for subpart 1 of part B of title V ( 20 U.S.C. 7221 et seq. Charter School Program

Expanding Opportunity through Quality Charter Schools Act

Social Security and Marriage Equality Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to the determination of a valid marriage to account for marriages in jurisdictions other than a state. Authorizes the courts of any state to find that an OASDI benefit applicant and an insured individual were validly married in a jurisdiction other than a state at the time the applicant files a benefit application or, if the insured individual is dead, at the time the individual died.

To amend the method by which the Social Security Administration determines the validity of marriages under title II of the Social Security Act. 1. Short title This Act may be cited as the Social Security and Marriage Equality Act 2. Determination of valid marriage under the Social Security Act (a) In general Section 216(h)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 416(h)(1)(A)(i) is domiciled the District of Columbia, and such applicant were married (or, if such insured individual and such applicant were not married in any State but were validly married in another jurisdiction, the courts of any State) (b) Effective date The amendments made by this section shall apply to all final determinations of family status made after June 26, 2013.

Social Security and Marriage Equality Act

Delaware River Basin Conservation Act of 2014 - Requires the Director of the United States Fish and Wildlife Service to establish a Delaware River Basin restoration program, under which the Director shall: (1) draw on management plans for the Basin or portions of the Basin and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the federal government, other state and local governments, and regional and nonprofit organizations, to identify, prioritize, and implement restoration and protection activities within the Basin; and (2) adopt a Basin-wide strategy that supports the implementation of a shared set of science-based restoration and protection activities, targets cost-effective conservation projects, and supports measurable conservation efforts. Defines "Basin" as the four-state Delaware Basin region, including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. Requires the Director to establish the Delaware River Basin restoration grant program to provide competitive matching grants to carry out the restoration program. Requires the Director to develop criteria to ensure that funded activities: (1) restore or protect fish and wildlife and their habitats; (2) improve or protect water quality by reducing pollutants and restoring headwater areas and drinking water basins; (3) improve the management of water volume and mitigation of flood damage to support the ecological needs of fish and wildlife and their habitats; (4) include priority needs or actions identified in the Basin-wide strategy; and/or (5) include restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage mitigation. Limits the federal share of the total cost of a funded project to 50%. Authorizes the Director to contract with the National Fish and Wildlife Foundation or another organization that offers grant management services.

To direct the Secretary of the Interior to establish a program to build on and help coordinate funding for restoration and protection efforts of the 4-State Delaware River Basin region, and for other purposes. 1. Short title This Act may be cited as the Delaware River Basin Conservation Act of 2014 2. Findings Congress finds that— (1) the Delaware River Basin is a national treasure of great cultural, environmental, and ecological importance; (2) the Basin contains over 12,500 square miles of land in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 tributary rivers and streams; (3) the Basin is home to more than 8,000,000 people who depend on the Delaware River and the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife; (4) the Basin provides clean drinking water to more than 15,000,000 people, including New York City, which relies on the Basin for approximately half of the drinking water supply of the city, and Philadelphia, whose most significant threat to the drinking water supply of the city is forest clearing in the Upper Basin, according to a study conducted by the Philadelphia Water Department; (5) almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation, particularly sturgeon, eastern oyster, and red knots, which have been identified as unique species in need of habitat improvement; (6) the Basin provides habitat for over 200 resident and migrant fish species, includes significant recreational fisheries, and is a prolific source of eastern oyster, blue crab, and the largest population of the American horseshoe crab; (7) as of the date of enactment of this Act, oyster landings in the Delaware Bay are at 100,000 bushels, down from the 500,000 bushels that were harvested in the 1980s, due, in part, to water pollution and disease; (8) the Delaware Bay has the second largest concentration of shorebirds in North America and is designated as 1 of the 4 most important shorebird migration sites in the world; (9) the Basin, 50 percent of which is forested, also has 1,000,000 acres of wetland, more than 126,000 acres of which are recognized as internationally important, resulting in a landscape that provides essential ecosystem services, including recreation, commercial, and water quality benefits; (10) much of the remaining exemplary natural landscape in the Basin is vulnerable to further degradation, as the Basin gains approximately 14 square miles of developed land annually, and with new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the quantity of polluted runoff into rivers and streams; (11) the Delaware River is the longest undammed river east of the Mississippi, and a critical component of the National Wild and Scenic Rivers System in the Northeast; (12) management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife, and following 3 major floods along the Delaware River since 2004, the Governors of the States of Delaware, New Jersey, New York, and Pennsylvania have called for natural flood damage reduction measures to combat the problem, including restoring the function of riparian corridors; (13) the Delaware River Port Complex (including docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is the largest freshwater port in the world, the Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the East Coast, and the Port of Wilmington, a full-service deepwater port and marine terminal, is the busiest terminal on the Delaware River, handling more than 400 vessels per year with an annual import/export cargo tonnage of more than 4,000,000 tons; (14) the Delaware Estuary, where freshwater from the Delaware River mixes with saltwater from the Atlantic Ocean, is 1 of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary; (15) the Delaware River Basin Commission is a Federal-interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the Basin that are in the national interest; and (16) restoration activities in the Basin are supported through several Federal and State agency programs, and funding for those important programs should continue and complement the establishment of the Delaware River Basin Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, regional, and local levels. 3. Definitions In this Act: (1) Basin The term Basin (2) Basin State The term Basin State (3) Director The term Director (4) Foundation The term Foundation 16 U.S.C. 3701 (5) Grant program The term grant program (6) Program The term program (7) Restoration and protection The term restoration and protection (8) Secretary The term Secretary (9) Service The term Service 4. Program establishment (a) Establishment Not later than 180 days after amounts are made available to carry out this Act, the Secretary shall establish a program to be known as the Delaware River Basin restoration program (b) Duties In carrying out the program, the Secretary shall— (1) draw on existing and new management plans for the Basin, or portions of the Basin, and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt a Basin-wide strategy that— (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1); (B) targets cost-effective conservation projects; and (C) supports measurable conservation efforts; (3) establish the grant program in accordance with section 5; and (4) provide for technical assistance in accordance with this Act. (c) Coordination In establishing the program, the Secretary shall consult, as appropriate, with— (1) the heads of Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Chief of the Natural Resource Conservation Service; (D) the Chief of Engineers of the Corps of Engineers; and (E) the head of any other applicable agency; (2) the Governors of the Basin States; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships; and (6) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Basin. (d) Purposes The purposes of the program include— (1) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Basin; (2) carrying out coordinated restoration and protection activities throughout the Basin and Basin States— (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access and recreation in the Basin; (E) to encourage environmentally sensitive land use planning and development; (F) to increase the capacity to implement coordinated restoration and protection activities in the Basin by conducting public outreach and education and promoting citizen involvement; and (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (3) providing competitive grants for technical assistance to carry out restoration and protection activities in the Basin, with priority given to activities with multiple benefits, as described in paragraph (2). 5. Grants and assistance (a) Delaware river basin restoration program To the extent that funds are available to carry out this section, the Secretary shall establish a grant program to be known as the Delaware River Basin restoration grant program (b) Criteria The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish 1 or more of the following: (1) Restoration or protection of fish and wildlife and the habitats of fish and wildlife. (2) Improvement or protection of water quality by reducing pollutants and restoring headwater areas and drinking water basins. (3) Improvement of the management of water volume and mitigation of flood damage to support the ecological needs of fish and wildlife and the habitats of fish and wildlife. (4) Inclusion of priority needs or actions identified in the Basin-wide strategy adopted under section 4(b)(2). (5) Inclusion of restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage mitigation. (c) Cost sharing (1) Federal share The Federal share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary. (2) Non-Federal share The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration (1) In general The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services. (2) Funding If the Secretary enters into an agreement under paragraph (1), the organization selected shall— (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) (e) Technical assistance The Secretary may provide, or provide for, technical assistance to carry out this section, on a nonreimbursable basis, to— (1) other Federal agencies; (2) State and local governments; (3) nonprofit organizations; (4) community organizations; (5) institutions of higher education; or (6) other entities, as the Secretary determines to be appropriate. 6. Annual reports Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act. 7. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2015 through 2020. (b) Use Of any amount made available for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program and to provide, or provide for, technical assistance under section 5(e).

Delaware River Basin Conservation Act of 2014

International Violence Against Women Act of 2014 - Directs the Secretary of State to establish an Office of Global Women's Issues which shall be headed by an Ambassador-at-Large for Global Women's Issues. Directs the Ambassador-at-Large to coordinate U.S. government efforts regarding gender integration and advancing the status of women and girls in U.S. foreign policy. Establishes in the U.S. Agency for International Development (USAID) a Senior Coordinator for Gender Equality and Women's Empowerment who shall direct USAID activities, policies, programs, and funding relating to gender equality and women's empowerment. Directs the Ambassador-at-Large to develop or update annually for six years a U.S. global strategy to prevent and respond to violence against women and girls. Authorizes the Secretary and the Administrator of USAID to provide assistance to prevent and respond to violence against women and girls internationally.

To prevent international violence against women, and for other purposes. 1. Short title (a) Short title This Act may be cited as the International Violence Against Women Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Statement of policy. TITLE I—International prevention of violence against women and girls Subtitle A—Official designations and institutional changes Sec. 101. Office for Global Women’s Issues. Sec. 102. Senior Coordinator for Gender Equality and Women’s Empowerment. Sec. 103. Briefing. Subtitle B—Strategy, policy, and programs Sec. 111. United States Strategy to Prevent and Respond to Gender-Based Violence Globally. Sec. 112. Implementation of the United States Strategy to Prevent and Respond to Gender-Based Violence Globally. Sec. 113. Monitoring the United States Strategy to Prevent and Respond to Gender-Based Violence Globally. 2. Findings Congress makes the following findings: (1) An estimated 1 out of every 3 women throughout the world will be beaten, coerced into sex, or otherwise abused in her lifetime. (2) Up to 70 percent of women in some countries report having been victims of domestic violence at some stage in their lives. (3) Sexual violence among adolescents and pre-adolescents is alarmingly high. In 2010, the first nationally representative survey of violence against children in Tanzania found that nearly 3 in 10 females and 1 in 7 males experienced sexual violence prior to the age of 18. (4) The International Men and Gender Equality Survey dataset shows that adult male respondents in 6 countries who had experienced violence as children were significantly more likely to report perpetrating intimate partner violence themselves than their peers who did not experience violence as children. (5) Violence against women and girls impedes progress in meeting many United States global development goals, including efforts to stem maternal mortality and the spread of HIV/AIDS. Approximately 1 in 4 women are abused during pregnancy which has been linked to miscarriage, pre-term labor, low birth weight, fetal distress, and death. (6) Country studies indicate that the risk of HIV among women who have experienced violence may be up to 3 times higher than among those who have not. Women who have experienced violence are also at higher risk for contracting HIV, and women living with HIV may be up to 3 times more likely to experience violence than other women. Fear of violence also prevents women from accessing HIV/AIDS information and receiving treatment and counseling. (7) The President’s Emergency Plan for AIDS Relief (PEPFAR) supports significant work in the field to mainstream gender-based violence into existing HIV programs. Addressing gender norms and inequities is essential to reducing HIV risk and increasing access to HIV prevention, care and treatment services for women and men. (8) Increasing women's access to economic opportunities and food security is crucial to preventing and responding to domestic and sexual violence. Inclusive finance and micro-enterprise reduce levels of intimate partner violence and provide economic independence for survivors. (9) Prevalence of sexual violence is higher among persons with disabilities, particularly for adolescents and intimate partners with disabilities, and for men and women with intellectual impairments living in institutions. (10) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters face extreme violence and threats, including— (A) being forced to exchange sex for food and humanitarian supplies; and (B) being at increased risk of rape, sexual exploitation, and abuse. (11) Rape and sexual assault against women and girls are used to torture, intimidate, and terrorize women and their communities. (12) Early and forced marriage of the girl child— (A) is a violation of human rights as it denies girls the right to decide when and with whom to marry; (B) is a harmful practice that deprives girls of their dignity, bringing childhood and adolescence to a premature and unnatural end; (C) can end girls’ education and can result in bonded labor or enslavement, commercial sexual exploitation, and violence against the victims; (D) significantly increases the risk of maternal death and morbidity, infant mortality and morbidity, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS; and (E) is perpetuated by poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (13) World Bank data shows that gender inequality directly corresponds to increased levels of political and economic instability within States. (14) Domestic violence is the most prevalent form of violence against women and prevents women from playing more active roles in the social, economic, and political development of their communities. In humanitarian crises, this global scourge becomes acute, preventing women from helping to rebuild their countries. 3. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to violence against women and girls around the world, as a matter of basic human rights as well as to promote gender equality, economic growth, and improved public health; (2) to systematically integrate and coordinate efforts to prevent and respond to violence against women and girls internationally into United States foreign policy and foreign assistance programs, including peacebuilding efforts and humanitarian relief and recovery; (3) to support and build local capacity in developing countries, including of governments at all levels and nongovernmental organizations, especially women-led organizations, to prevent and respond to violence against women and girls; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to violence against women and girls, including faith-based organizations and women-led organizations; (5) to employ a multisectoral approach to preventing and responding to violence against women and girls internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national and international levels, to prevent and respond to violence against women and girls around the globe; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include specific and thorough instruction on preventing and responding to violence against women and girls around the world; (8) to engage men and boys as partners, as an essential element of making sustained reductions in violence against women and girls; (9) to include the prevention of early and forced marriage as an important part of United States Government efforts to prevent violence against girls and promote gender equality and global health; (10) to require that all United States contractors and grantees establish appropriate policies and take effective measures to prevent violence against women and girls and sexual exploitation and abuse within their workforce; (11) to exert sustained international leadership to prevent and respond to violence against women and girls, including in bilateral and multilateral fora; (12) to implement the United States Strategy to Prevent and Respond to Gender-Based Violence Globally; and (13) to implement the United States National Action Plan on Women, Peace, and Security. I International prevention of violence against women and girls A Official designations and institutional changes 101. Office of Global Women’s Issues (a) Establishment The Secretary of State shall establish in the Office of the Secretary of the Department of State an Office of Global Women's Issues (in this section referred to as the Office (b) Purpose In addition to the duties described in subsection (c) and those duties determined by the Secretary of State, the Ambassador-at-Large shall coordinate efforts of the United States Government as directed by the Secretary regarding gender integration and advancing the status of women and girls in United States foreign policy. (c) Duties (1) In general The Ambassador-at-Large— (A) shall direct activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally, including those intended to prevent and respond to violence against women and girls, for all bureaus and offices of the Department of State and in the international programs of all other Federal agencies; (B) shall actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State and in the international programs of other Federal agencies; (C) shall direct, as appropriate, United States Government resources to respond to needs for gender integration and empowerment of women in United States Government foreign policies and international programs, including to prevent and respond to violence against women and girls internationally; (D) may design, support, and implement activities regarding empowerment of women internationally, including for the prevention of and response to violence against women and girls internationally; (E) shall conduct regular consultation with civil society organizations working to prevent and respond to violence against women and girls internationally; (F) shall ensure that programs, projects, and activities designed to prevent and respond to violence against women and girls internationally are subject to rigorous monitoring and evaluation, and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across all Federal agencies; (G) shall serve as the principal advisor to the Secretary of State regarding gender equality, women's empowerment, and violence against women and girls as a foreign policy matter; and (H) is authorized to represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls, including violence against women and girls internationally. (2) Information sharing and transparency The Office shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to violence against women and girls, and shall produce a full accounting of United States Government spending on such programs, projects, and activities. 102. Senior Coordinator for Gender Equality and Women’s Empowerment (a) Establishment There is established in the United States Agency for International Development a Senior Coordinator for Gender Equality and Women's Empowerment, who shall report to the Administrator of the United States Agency for International Development and who shall conduct the activities of the Administrator under this Act. (b) In general The Senior Coordinator for Gender Equality and Women’s Empowerment— (1) shall direct activities, policies, programs, and funding of the United States Agency for International Development relating to gender equality and women’s empowerment, including those intended to prevent and respond to violence against women and girls; (2) shall actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Agency as dictated by the USAID Gender Equality and Female Empowerment Policy; (3) shall direct Agency resources for gender equality and women’s empowerment, including to prevent and respond to violence against women and girls internationally; (4) may design, support, and implement activities led by the Agency regarding gender equality and women’s empowerment, including for the prevention and response of violence against women and girls internationally; (5) shall conduct regular consultation with civil society organizations working to prevent and respond to violence against women and girls internationally; (6) shall serve as the principal advisor to the Administrator regarding gender equality, women's empowerment, and violence against women and girls; and (7) shall track and analyze monitoring and evaluation data and findings on international prevention and response programs of the Agency, consistent with Agency-wide monitoring and evaluation activities, and in order to assist in the preparation of the comprehensive strategy developed under section 111. 103. Briefing Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and Senior Coordinator shall brief the appropriate congressional committees on international violence against women and girls prevention and response strategies, programming, and associated outcomes, and shall submit to the appropriate congressional committees an assessment of human and financial resources necessary to fulfill the purposes and duties of this Act. B Strategy, policy, and programs 111. United States Strategy to Prevent and Respond to Gender-Based Violence Globally (a) Global strategy requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the Ambassador-at-Large, in consultation with the Senior Coordinator, shall develop or update a United States global strategy to prevent and respond to violence against women and girls. Such strategy shall be transmitted to the appropriate congressional committees and made publicly available on the Internet. (b) Initial strategy For the purposes of this section, the United States Strategy to Prevent and Respond to Gender-Based Violence Globally (c) Implementation plan Not later than 60 days after submission of the strategy under subsection (a), the Ambassador-at-Large, in consultation with the Senior Coordinator, shall submit to the appropriate congressional committees an implementation plan detailing how the strategy will be implemented in the upcoming five fiscal years, including the budget resources requested, and the specific activities to be supported, by each Executive agency under the strategy. (d) Collaboration and coordination In developing the strategy under subsection (a), the Ambassador-at-Large and Senior Coordinator shall consult with— (1) the heads of relevant Federal agencies; (2) the Senior Policy Operating Group on Trafficking in Persons; and (3) representatives of civil society and multi-lateral organizations with demonstrated experience in addressing violence against women and girls or promoting gender equality internationally. (e) Content The implementation plan required under subsection (c) shall— (1) identify eligible low-income and lower-middle income countries with significant levels of violence against women and girls, including within displaced communities, that have the governmental or nongovernmental organizational capacity to manage and implement gender-based violence prevention and response program activities and should, when possible, be geographically, ethnically, and culturally diverse from one another; (2) select 5 to 20 of the eligible countries identified under paragraph (1) in which to develop comprehensive and holistic individual country plans that incorporate at least two of the program activities listed in section 112(b); (3) assess and describe the current or potential capacity of the government of each eligible country selected under paragraph (2) and civil society organizations in each such eligible country to address and respond to violence against women and girls; (4) identify coordination mechanisms with Federal agencies that— (A) have existing programs relevant to the strategy; (B) will be involved in new program activities; and (C) are engaged in broader United States strategies around development; (5) describe the monitoring and evaluation mechanisms established for each eligible country, and their intended use in assessing overall progress in prevention and response; (6) project general levels of resources needed to achieve the stated objectives in each eligible country, including an accounting of— (A) activities and funding already expended by the Department of State, the United States Agency for International Development, other Federal agencies, other donor country governments, and other multilateral institutions; and (B) leveraged private sector resources; (7) integrate gender analysis into the strategy for each country; and (8) include, as appropriate, strategies designed to accommodate the needs of stateless, disabled, internally displaced, refugee, or religious or ethnic minority women and girls. 112. Implementation of the United States Strategy to Prevent and Respond to Gender-Based Violence Globally (a) In general The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance to prevent and respond to violence against women and girls internationally. (b) Program activities supported Assistance provided to each country selected under section 111(e)(2) should include at least two of the following activities: (1) Development and implementation of programs that work to change social norms and attitudes so that violence against women and girls is neither condoned nor tolerated. (2) Promotion of accessible quality educational and literacy opportunities for women and girls. (3) Promotion of access to economic opportunities, including by increasing distribution, credit, property, and inheritance rights for women and girls. (4) Development and enforcement of civil and criminal legal and judicial sanctions, protections, trainings, and capacity. (5) Enhancement of the health sector capacity to detect, prevent, and respond to violence against women and girls. (c) Building local capacity Not less than 10 percent of the amount of assistance provided to an eligible country under this section should be provided to community-based nongovernmental organizations, with priority given to nongovernmental organizations led by women. 113. Monitoring the United States Strategy to Prevent and Respond to Gender-Based Violence Globally (a) In general In each strategy submitted under section 111(a), the Ambassador-at-Large and Senior Coordinator shall include an analysis of best practices for preventing and addressing violence against women and girls internationally, which shall include— (1) a description of successful efforts by foreign governments, multilateral institutions, nongovernmental organizations, educational organizations, and faith-based organizations in preventing and responding to violence against women and girls; (2) recommendations related to best practices, effective strategies, and improvements to enhance the impact of prevention and response efforts; and (3) the impact of activities funded by the strategy in preventing and reducing violence against women and girls internationally. (b) Amendments The Foreign Assistance Act of 1961 is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) (A) in paragraph (11)(C), by striking and (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and (C) by adding at the end the following new paragraph: (13) wherever applicable, the nature and extent of violence against women and girls. ; and (2) in section 502B ( 22 U.S.C. 2304 (A) by redesignating the second subsection designated as subsection (i) as subsection (j); and (B) by adding at the end the following new subsection: (k) Inclusion of information relating to violence against women and girls The report required by subsection (b) shall include, wherever applicable, the nature and extent of violence against women and girls. . (c) Monitoring and evaluation In coordination with relevant officials, and consistent with the monitoring and evaluation policies of their respective agencies, the Ambassador-at-Large and the Senior Coordinator 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 implementation plan required under section 111(c). (d) Research and data collection The Secretary and the Administrator shall— (1) produce original research or analysis of effective interventions to prevent or respond to violence against women and girls internationally; (2) collect and analyze new or existing data on the scope and extent of all forms of violence against women and girls internationally, including under-documented forms of violence and violence against marginalized groups; (3) conduct research on effective interventions to respond to violence against women and girls internationally, including efforts to scale up effective programming; and (4) support systemic data collection using internationally comparable indicators, norms, and methodologies for measuring the scope, prevalence, and incidence of violence against women and girls internationally.

International Violence Against Women Act of 2014

Designates Union Station, located at 40 Massachusetts Avenue, NE., Washington, DC, as the "Harry S. Truman Union Station."

To designate Union Station in Washington, DC, as Harry S. Truman Union Station 1. Harry S. Truman Union Station (a) Designation Union Station, located at 40 Massachusetts Avenue, NE., Washington, DC, shall be known and designated as Harry S. Truman Union Station (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Harry S. Truman Union Station

A bill to designate Union Station in Washington, DC, as "Harry S. Truman Union Station".

Eric Williams Correctional Officer Protection Act of 2014 - Amends the federal criminal code to require the Director of the Bureau of Prisons to issue oleoresin capsicum spray to: (1) any Bureau officer or employee employed in a prison that is not a minimum or low security prison who may respond to an emergency situation in such prison; and (2) such additional prison officers and employees as the Director deems appropriate, subject to specified requirements. Requires any such officer or employee to complete a training course before being issued such spray and annual training on the use of such spray. Authorizes Bureau officers and employees issued such spray to use it to reduce acts of violence committed by prisoners and prison visitors against themselves, other prisoners and visitors, and Bureau officers and employees. Directs the Comptroller General (GAO), not later than three years after the date on which the Director begins to issue oleoresin capsicum spray to Bureau officers and employees, to submit to Congress a report that includes: (1) an evaluation of the effectiveness of issuing such spray on reducing crime in such prisons and acts of violence committed by prisoners against themselves and others, (2) an evaluation of the advisability of issuing such spray, and (3) recommendations to improve the safety of Bureau officers and employees in prisons.

To amend title 18, United States Code, to authorize the Director of the Bureau of Prisons to issue oleoresin capsicum spray to officers and employees of the Bureau of Prisons. 1. Short title This Act may be cited as the Eric Williams Correctional Officer Protection Act of 2014 2. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray (a) In general Chapter 303 of part III of title 18, United States Code, is amended by adding at the end the following: 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray (a) In general The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to— (1) any officer or employee of the Bureau of Prisons who— (A) is employed in a prison that is not a minimum or low security prison; and (B) may respond to an emergency situation in such a prison; and (2) to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section. (b) Training requirement (1) In general In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray. (2) Transferability of training An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer. (3) Training conducted during regular employment An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties. (c) Use of oleoresin capsicum spray Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence— (1) committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and (2) committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons. . (b) Clerical amendment The table of sections for chapter 303 of part III of title 18, United States Code, is amended by inserting after the item relating to section 4048 the following: 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray. . 3. GAO Report Not later than the date that is 3 years after the date on which the Director of the Bureau of Prisons begins to issue oleoresin capsicum spray to officers and employees of the Bureau of Prisons pursuant to section 4049 (1) An evaluation of the effectiveness of issuing oleoresin capsicum spray to officers and employees of the Bureau of Prisons in prisons that are not minimum or low security prisons on— (A) reducing crime in such prisons; and (B) reducing acts of violence committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons in such prisons. (2) An evaluation of the advisability of issuing oleoresin capsicum spray to officers and employees of the Bureau of Prisons in prisons that are minimum or low security prisons, including— (A) the effectiveness that issuing such spray in such prisons would have on reducing acts of violence committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons in such prisons; and (B) the cost of issuing such spray in such prisons. (3) Recommendations to improve the safety of officers and employees of the Bureau of Prisons in prisons.

Eric Williams Correctional Officer Protection Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013 - Amends the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 to require such stamp to be made available to the public for an additional four years.

To reauthorize the Multinational Species Conservation Funds Semipostal Stamp. 1. Short Title This Act may be cited as the Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013 2. Reauthorization Section 2(c)(2) of the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 ( 39 U.S.C. 416 2 years 6 years July 31, 2014 Reported without amendment

Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013

Mother's Day Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the celebration of Mother's Day. Authorizes the Secretary to issue such coins beginning on January 1, 2018, except that the Secretary may initiate sales of such coins, without issuance, before such date. Terminates such minting authority after December 31, 2018. Requires coin sales to include a $10 surcharge per coin, with distribution of one-half of such surcharges to the St. Jude Children's Research Hospital and one-half to the National Osteoporosis Foundation for the purpose of furthering research.

To require the Secretary of the Treasury to mint coins in commemoration of Mother’s Day. 1. Short title This Act may be cited as the Mother's Day Commemorative Coin Act 2. Findings Congress finds the following: (1) Anna Jarvis, who is considered to be the founder of the modern Mother’s Day, was born in Webster, West Virginia, on May 1, 1864. (2) Anna Jarvis, a resident of Grafton, West Virginia, dedicated much of her adult life to honoring her mother, Ann Maria Reeves Jarvis, who passed on May 9, 1905. (3) In 1908, the Andrews Methodist Episcopal Church of Grafton, West Virginia, officially proclaimed the third anniversary of Ann Maria Reeves Jarvis’s death to be Mother’s Day. (4) In 1910, West Virginia Governor, William Glasscock, issued the first Mother’s Day proclamation encouraging all West Virginians to attend church and wear white carnations. (5) On May 8, 1914, H.J. Res. 263 was enacted, designating the second Sunday in May to be observed as Mother’s Day, and encouraging all Americans to display the American flag at their homes as a public expression of the love and reverence for the mothers of our Nation. (6) On May 9, 1914, President Woodrow Wilson issued a Presidential proclamation directing government officials to display the American flag on all government buildings and inviting the American people to display the flag at their homes on the second Sunday of May as a public expression of the love and reverence for the mothers of our Nation. 3. Coin specifications (a) Denominations The Secretary of the Treasury (referred to in this Act as the Secretary (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender The coins minted under this Act shall be legal tender, as provided under section 5103 (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements The design of the coins minted under this Act shall be emblematic of the celebration of Mother’s Day. (b) Designation and inscriptions On each coin minted under this Act, there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2018 (3) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (c) Selection The design of the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of issuance The Secretary may issue coins minted under this Act beginning on January 1, 2018, except that the Secretary may initiate sales of the coins before such date. (c) Termination of minting authority No coins shall be minted under this Act after December 31, 2018. 6. Sale of coins (a) Sale price Notwithstanding any other provision of law, the coins minted under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk sales The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid orders at a discount (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) Surcharge required All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary as follows: (1) 50 percent to the St. Jude Children's Research Hospital, for the purpose of furthering research funded by the hospital. (2) 50 percent to the National Osteoporosis Foundation, for the purpose of furthering research activities and research funded by the foundation. (c) Audits The St. Jude Children's Research Hospital and the National Osteoporosis Foundation shall be subject to the audit requirements of section 5134(f)(2)

Mother's Day Commemorative Coin Act

Authorizes the Secretary of Veterans Affairs (VA) to appoint licensed hearing aid specialists in the Veterans Health Administration. Requires the Secretary to submit an annual report on: (1) timely access of veterans to hearing health services through the VA, and (2) contracting policies of the VA with respect to providing hearing health services to veterans in non-VA facilities.

To amend title 38, United States Code, to include licensed hearing aid specialists as eligible for appointment in the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes. 1. Appointment of licensed hearing aid specialists in Veterans Health Administration (a) Licensed hearing aid specialists (1) Appointment Section 7401(3) licensed hearing aid specialists, Audiologists, (2) Qualifications Section 7402(b)(14) of such title is amended by inserting licensed hearing aid specialist, licensed physical therapist, (b) Annual report (1) In general Not later than one year after the date of the enactment of this Act, and each year thereafter, the Secretary of Veterans Affairs shall submit to Congress a report on the following: (A) Timely access of veterans to hearing health services through the Department of Veterans Affairs. (B) Contracting policies of the Department with respect to providing hearing health services to veterans in facilities that are not facilities of the Department. (2) Timely access to services Each report shall, with respect to the matter specified in paragraph (1)(A) for the one-year period preceding the submittal of such report, include the following: (A) The staffing levels of audiologists, hearing aid specialists, and health technicians in audiology in the Veterans Health Administration. (B) A description of the metrics used by the Secretary in measuring performance with respect to appointments and care relating to hearing health. (C) The average time that a veteran waits to receive an appointment, beginning on the date on which the veteran makes the request, for the following: (i) A disability rating evaluation for a hearing-related disability. (ii) A hearing aid evaluation. (iii) Dispensing of hearing aids. (iv) Any follow-up hearing health appointment. (D) The percentage of veterans whose total wait time for appointments described in subparagraph (C), including an initial and follow-up appointment, if applicable, is— (i) less than 15 days; (ii) between 15 days and 28 days; (iii) between 29 days and 42 days; (iv) between 43 days and 56 days; or (v) more than 56 days. (3) Contracting policies Each report shall, with respect to the matter specified in paragraph (1)(B) for the one-year period preceding the submittal of such report, include the following: (A) The number of veterans that the Secretary refers to non-Department audiologists for hearing health care appointments. (B) Of the veterans described in subparagraph (A), the number of veterans that the Secretary refers to non-Department hearing aid specialists for follow-up appointments for a hearing aid evaluation, the dispensing of hearing aids, or any other purpose relating to hearing health. (C) The policies of the Veterans Health Administration regarding the referral of veterans to non-Department hearing aid specialists and a description of the manner in which such policies will be applied under the Patient-Centered Community Care program of the Department.

A bill to amend title 38, United States Code, to include licensed hearing aid specialists as eligible for appointment in the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes.

National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Allows military technicians who were hired as dual status technicians but are no longer members of the Selected Reserve to continue to receive compensation. Requires dual status military technicians who are fully qualified for, and properly performing, the duties of such position to be: (1) retained in the Armed Forces, (2) exempt from consideration for involuntary separation by a military retention board, and (3) entitled to re-enlist as enlisted members so as to maintain their eligibility for continued employment as dual status military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Prohibits federal employees who volunteer for active National Guard and Reserve duty from accruing military leave at the rate of 15 days each fiscal year for active duty, inactive duty training, or funeral honors duty in the National Guard or Reserves. Directs the Comptroller General to evaluate the feasibility of converting military technicians from coverage under the Federal Employees Health Benefits Program (FEHBP) to coverage under the TRICARE Reserve Select option of the TRICARE program.

To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, and for other purposes. 1. Short title This Act may be cited as the National Guard Technician Equity Act 2. Titles 10 and 32, United States Code, amendments regarding National Guard technicians and related provisions (a) Authority To employ technician as non-Dual status technician after 20 years of creditable service Subsection (c) of section 709 (c) A person shall have the right to be employed under subsection (a) as a non-dual status technician (as defined by section 10217 (1) the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician; or (2) the person occupying the technician position has at least 20 years of creditable service as a military technician (dual status). . (b) Exception to dual-Status employment condition of membership in Selected Reserve Section 10216 (1) in subsection (a)(1)(B), by inserting subject to subsection (d), is required (2) in subsection (d)(1), by striking Unless specifically exempted by law Except as provided in section 709(c)(2) (c) Continued compensation after loss of membership in Selected Reserve Subsection (e) of section 10216 of title 10, United States Code, is amended to read as follows: (e) Continued compensation after loss of membership in Selected Reserve Funds appropriated for the Department of Defense may continue to be used to provide compensation to a military technician who was hired as a military technician (dual status), but who is no longer a member of the Selected Reserve. . (d) Exemption of military technicians from review by Army Qualitative Retention Program or Air Force Selective Retention Program Subsection (f) of such section is amended to read as follows: (f) Exemption from consideration by Armed Forces retention boards A military technician (dual status) who is fully qualified in the technician's military technician (dual status) position and is properly performing the technician's military technician duties in such position— (1) shall be retained in the armed forces; (2) may not be considered for involuntary separation by a retention board of the armed force concerned; and (3) shall be entitled to re-enlist as an enlisted member so as to maintain eligibility for continued employment as a military technician (dual status). . (e) Repeal of permanent limitations on number of non-Dual status technicians Section 10217 (f) Technician restricted right of appeal and adverse actions covered (1) Rights of grievance, arbitration, appeal, and review beyond AG Section 709 (A) in subsection (f)— (i) in the matter preceding paragraph (1), by striking Notwithstanding any other provision of law and under Under (ii) in paragraph (4), by striking a right of appeal subject to subsection (j), a right of appeal (B) by adding at the end the following new subsection: (j) (1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701–7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band (or comparable reduction). (2) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period. . (2) Adverse actions covered Section 709(g) of title 32, United States Code, is amended by striking 7511, and 7512 (3) Conforming amendment Section 7511(b) of title 5, United States Code, is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (g) Repeal of prohibition against overtime pay for National Guard technicians Section 709(h) Notwithstanding section 5542 5543 3. Title 5, United States Code, amendment regarding National Guard technicians and related matters (a) Leave (1) In general Section 6323(a) (A) in paragraph (1), by striking paragraph (2) paragraphs (2) and (3) (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following new paragraph (3): (3) An employee described in paragraph (1) who volunteers for active Guard and Reserve duty (as described in section 101(d)(6) section 502(f) . (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following: (A) A description of the average number of hours per fiscal year that a Federal employee who is also a member of the National Guard spends in any type of leave status (including leave without pay) in order to cover periods of active duty for training or inactive-duty training (as defined in section 101 (B) An assessment whether leave provided under section 6323(a) (b) Comptroller General of the United States report on health care benefits (1) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth the following: (A) An evaluation of the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE Reserve Select option of the TRICARE program. (B) A description of any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 (2) Definitions In this subsection: (A) The term contingency operation (B) The term FEHBP coverage

National Guard Technician Equity Act

Do Your Job Act - Prohibits either chamber from recessing or standing adjourned, between enactment of this Act and enactment of a concurrent budget resolution setting a deficit level of $0 or a surplus by FY2024, for a period that exceeds 24 hours. Requires each Member of Congress to submit a budget for the fiscal year for official travel by the Member and the Member's employees to: (1) the Secretary of the Senate for a Senator, and (2) the Chief Administrative Officer of the House of Representative for a Member of the House. Rescinds, effective on October 1 of each fiscal year, any unobligated amounts made available for official travel by a Member of Congress or his or her employee during the previous fiscal year. Requires rescinded funds to be used for deficit reduction.

To prohibit congressional recesses until Congress adopts a concurrent resolution on the budget that results in a balanced federal budget by fiscal year 2024 and to control congressional travel budgets. 1. Short title This Act may be cited as the Do Your Job Act 2. Findings Congress finds the following: (1) The Federal debt exceeds $17,000,000,000,000 and continues to grow. (2) It is the responsibility of Members of Congress to enact and implement policies that encourage economic growth and job creation, including a balanced budget. (3) In 2013, the House of Representatives was in session only 160 days and the Senate was in session only 156 days. (4) This means that, according to Federal Reserve Economic Data, the average American works 10 more weeks per year than Congress is in session. (5) Congressional recess in a time of excessive national debt is a lost opportunity to reach agreement about a balanced budget. 3. No congressional recesses (a) In general During the period beginning on the date of enactment of this Act and ending on the date specified in subsection (b), neither the Senate nor the House of Representatives may recess or stand adjourned for a period of longer than 24 hours. (b) Balanced budget agreed to The date described in this subsection is the date of enactment of a concurrent resolution on the budget that establishes a level of deficit of $0 or a surplus by not later than fiscal year 2024. (c) Rules of House of Representatives and Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 4. Congressional travel budgets (a) Definition In this section, the term employee (1) the office of the Member of Congress; (2) the office of a standing, select, or joint committee of Congress (or a subcommittee thereof); or (3) a leadership office of the Senate or the House of Representatives. (b) Submission of budget (1) In general Not later than the date by which the President is required to submit the budget of the President for a fiscal year under section 1105 (2) Submission The budget required under paragraph (1) shall— (A) in the case of a Senator, be submitted to the Secretary of the Senate; and (B) in the case of a Member of the House of Representatives, shall be submitted to the Chief Administrative Officer of the House of Representatives. (c) Rescission of unspent travel funds Effective on October 1 of each fiscal year, any amounts made available for official travel by a Member of Congress or an employee of the Member of Congress during the previous fiscal year that are not obligated shall be rescinded and used for deficit reduction.

Do Your Job Act

Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act - Designates and empowers the Secretary of State to receive all applications (except those received by the Secretary of Energy [DOE] under current law) for permits for the construction, connection, operation, or maintenance, at the U.S. borders, of facilities for the exportation or importation to or from a foreign country of petroleum, petroleum products, coal, other fuels, certain products, water or sewage, as well as persons or things. Prescribes requirements and procedures for granting a permit. Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain the pipeline and cross-border facilities specified in an application filed by TransCanada Corporation to the Department of State on May 4, 2012. Deems the Final Supplemental Environmental Impact Statement regarding the pipeline issued by the Secretary of State in January 2014 to fully satisfy the National Environmental Policy Act of 1969, and any law that requires federal agency consultation or review, including the Endangered Species Act of 1973. Restricts any legal challenges regarding a federal agency action and such facilities to judicial review on direct appeal to the U.S. Court of Appeals for the District of Columbia Circuit. Directs the Comptroller General (GAO) to review any Executive order issued by the President that is not based on the President's exclusive constitutional authority.

To delegate to the Secretary of State the authority to approve or deny certain permits. 1. Short title This Act may be cited as the Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act 2. Findings Congress finds that— (1) the American Society of Civil Engineers recently assessed the infrastructure system of the United States and gave the system an overall grade of D+; (2) recent critical infrastructure decisions have become unacceptably politicized; (3) permit applications for the Keystone XL Pipeline have been under review for over 5 1/2 (4) Congress can alleviate political interference in critical infrastructure decisions by— (A) directly delegating to the Secretary of State the authority to expedite review of permits necessary to accelerate the completion of energy production and transmission projects; and (B) providing a systematic method for evaluating and permitting the constructing and maintenance of certain other border crossings for land transportation (including motor and rail vehicles) and other facilities. 3. Definition of Secretary In this Act, the term Secretary 4. Constitutional authority In accordance with clause 3 of section 8 of article I of the Constitution (delegating to Congress the power to regulate commerce with foreign nations), Congress has the power to regulate the approval of infrastructure connecting the United States with a foreign country. 5. Delegation of authority to the Department of State (a) In general The Secretary is designated and empowered to receive all applications for permits for the construction, connection, operation, or maintenance, at the borders of the United States (other than applications received by the Secretary of Energy under laws in existence on the date of enactment of this Act), of— (1) facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country; (2) pipelines, conveyor belts, and similar facilities for the exportation or importation of products (other than the products described in paragraph (1)) to or from a foreign country; (3) facilities for the exportation or importation of water or sewage to or from a foreign country; (4) facilities for the transportation of persons, things, or both persons and things to or from a foreign country; (5) bridges, to the extent that congressional authorization is not otherwise required under law; (6) facilities similar to the facilities otherwise described in this subsection that are located above or below ground; and (7) border crossings for land transportation, including motor and rail vehicles, to or from a foreign country, whether or not in conjunction with the facilities described in paragraph (4). (b) Requests for information (1) In general On receipt of a completed application under subsection (a), the Secretary shall— (A) (i) request any additional information needed from the applicant, as appropriate; and (ii) refer the application to other agencies pursuant to paragraph (2); (B) refer the application and pertinent information to, and request the views of— (i) the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Transportation, the Secretary of Energy, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (or the heads of successor agencies); and (ii) for applications concerning the border with Mexico, the United States Commissioner of the International Boundary and Water Commission; and (C) refer the application and pertinent information to, and request the views of, such other Federal department and agency heads as the Secretary determines appropriate. (2) Additional consultations The Secretary— (A) may consult with State, tribal, and local government officials and foreign governments, as the Secretary determines appropriate, with respect to an application under subsection (a); and (B) shall request responses in a timely manner, not to exceed 90 days from the date of the request. (3) Further consideration On receiving the views and assistance requested under paragraphs (1) and (2), the Secretary shall consider, in light of any statutory or other requirements or other considerations, whether additional information is necessary to evaluate the application and, as appropriate, request the additional information from the applicant. (4) Public comment The Secretary may provide for— (A) the publication in the Federal Register of notice of receipt of applications; (B) the receipt of public comments on applications; and (C) notices related to the issuance or denial of applications. (c) Compliance (1) In general Subject to paragraph (2), a Federal agency consulted by the Secretary under subsection (b)(1) shall comply with the request of the Secretary (consistent with the authority of the Federal agency) as soon as practicable but not later than 90 days after the date on which the request is submitted. (2) Timing If a Federal agency consulted by the Secretary under subsection (b)(1) requests from the Secretary additional information that is necessary to carry out the request, the compliance deadline under paragraph (1) shall not begin until the date on which the additional information is received. (d) National interest determination (1) In general After consideration of the views, assistance, and public comment received under subsection (b), if the Secretary finds that issuance of a permit to the applicant would serve the national interest, the Secretary shall— (A) prepare a permit, in such form and with such terms and conditions as the national interest requires, as determined by the Secretary; and (B) notify the officials required to be consulted under subsection (b)(1)(B) of the proposed determination that a permit be issued. (2) Proposed denial After consideration of the views, assistance, and public comment received under subsection (b), if the Secretary finds that issuance of a permit to the applicant would not serve the national interest, the Secretary shall notify the officials required to be consulted under subsection (b)(1)(B) of the proposed determination that the application be denied. (e) Issuance or denial The Secretary shall issue or deny the permit in accordance with the proposed determination under subsection (d). (f) Regulations The Secretary may promulgate such rules and regulations and prescribe such procedures (including rules, regulations, and procedures relating to the International Boundary and Water Commission) as the Secretary determines necessary to carry out this section. (g) Pending applications Except as provided in section 6, this section shall apply only to applications for permits filed on or after the date of enactment of this Act. (h) Effect Except as explicitly provided in this Act, nothing in this section limits the application of, or obligation to comply with, the requirements of any other Federal department or agency. (i) Final rule The decision made by the Secretary under subsection (e) shall be deemed to be a rule for purposes of chapter 8 Congressional Review Act 6. Keystone XL pipeline approval (a) In general TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline and cross-border facilities described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State (including any subsequent revision to the pipeline route within the State of Nebraska required or authorized by the State of Nebraska). (b) Environmental impact statement The Final Supplemental Environmental Impact Statement issued by the Secretary of State in January 2014, regarding the pipeline referred to in subsection (a), and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered to fully satisfy— (1) all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) any other provision of law that requires Federal agency consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973 16 U.S.C. 1536(a) (c) Permits Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities referred to in subsection (a) shall remain in effect. (d) Federal judicial review Any legal challenge to a Federal agency action regarding the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this Act, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. (e) Private property savings clause Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a). 7. Review of certain Executive orders The Comptroller General of the United States shall— (1) conduct a review of any Executive order issued by the President that is not based on the exclusive constitutional authority of the President; and (2) not later than 180 days after the date of enactment of this Act, submit to Congress a report on the results of the review.

Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act

Improving the Nation's Visitors' International Travel Experience Act of 2014 or INVITE Act of 2014 - Directs the Secretary of State and the Secretary of Homeland Security (DHS) to explore the feasibility of: (1) coordinating the enrollment and interview processes for individuals who are nationals of countries with which the United States has a reciprocal trusted traveler program agreement, applying simultaneously for a U.S. visa and global entry program enrollment, and collecting a single application fee from such applicants; and (2) coordinating the passport application and global entry program enrollment processes for eligible U.S. citizens. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to: (1) modify the model ports of entry program, including by increasing the number of program airports; and (2) direct U.S. Customs and Border Protection (CBP) to develop metrics to measure the program's performance. Directs the DHS Secretary to establish the model ports of entry grant program to award up to 10 grants to CBP-designated airports to improve the international arrival process at U.S. airports. Directs CBP to report to Congress each year: (1) regarding average passenger wait times and peak wait times for each month at each port of entry, and (2) describing efforts to develop new technologies and procedures to improve the passenger screening process at U.S. ports of entry. Directs the Secretary to collect and analyze traveler feedback to develop customer service best practices, ensure a welcoming environment, and improve the U.S. image.

To expand the Global Entry Program and strengthen the Model Ports of Entry Program, and for other purposes. 1. Short title This Act may be cited as the Improving the Nation’s Visitors' International Travel Experience Act of 2014 INVITE Act of 2014 2. Purposes The purposes of this Act are— (1) to create a welcoming experience at United States ports of entry; (2) to encourage international travelers to visit the United States; and (3) to support jobs and economic prosperity for the Nation. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Commerce, Science, and Transportation of the Senate (B) the Committee on Foreign Relations of the Senate (C) the Committee on Homeland Security and Governmental Affairs of the Senate (D) the Committee on Appropriations of the Senate (E) the Committee on Energy and Commerce of the House of Representatives (F) the Committee on Foreign Affairs of the House of Representatives (G) the Committee on Homeland Security of the House of Representatives (H) the Committee on Appropriations of the House of Representatives (2) Commissioner The term Commissioner (3) Global entry program The term Global Entry Program section 235.12 (4) Model ports of entry program The term Model Ports of Entry Program 4. Global Entry Program expansion (a) Coordination The Secretary of State and the Secretary of Homeland Security shall explore the feasibility of— (1) (A) coordinating the enrollment and interview processes for individuals who— (i) are nationals of countries with which the United States has a reciprocal trusted traveler program agreement; and (ii) simultaneously apply for a United States visa and enroll in the Global Entry Program; and (B) collecting a single application fee from such applicants; and (2) coordinating the passport application and Global Entry Program enrollment processes for eligible United States citizens. (b) Report Not later than 6 months after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall jointly submit, to the appropriate congressional committees, a report that describes— (1) the status of bilateral negotiations to expand reciprocal trusted traveler programs such as the Global Entry Program; (2) barriers to the expansion of the Global Entry Program; (3) the number of United States citizens and nationals of other countries who are enrolled in the Global Entry Program, the NEXUS Program, or the SENTRI Program; (4) the feasibility of coordinating Global Entry Program enrollment with the visa and passport application processes; (5) if the Secretaries determine that such coordination is infeasible, the specific reasons for such determination; and (6) the resources needed and the next steps that the Department of State and the Department of Homeland Security would need to take to implement the coordinated Global Entry and visa and passport application process described in subsection (a). 5. Strengthening the Model Ports of Entry Program (a) In general Section 725 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 8 U.S.C. 1752a (1) in subsection (a)— (A) in paragraph (1), by striking and (B) in paragraph (2), by striking the period at the end and inserting ; and (C) by adding at the end the following: (3) modify the program, to the extent determined to be necessary by the Commissioner of U.S. Customs and Border Protection, including by expanding the program beyond the 20 airports at which the program was initially implemented. ; (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: (c) Program metrics (1) Development To ensure the effectiveness of the Model Ports of Entry Program (referred to in this subsection as the program (2) Report Not later than 1 year after the date of the enactment of the INVITE Act of 2014 (A) a list of the program airports; (B) an explanation of how the program has been implemented at each program airport; (C) an analysis of the program’s performance against the metrics established under paragraph (1) to measure customer satisfaction; (D) recommendations for improving public-private collaboration between U.S. Customs and Border Protection, airports, and other industry stakeholders to improve the user experience at United States ports of entry; and (E) recommendations on whether the program should be expanded to more airports. (d) Model Ports of Entry Grant Program (1) Establishment Not later than 1 year after the date of the enactment of the INVITE Act of 2014 (2) Source of funding The funding for the grant program established under this subsection shall come from the operating budget of U.S. Customs and Border Protection. (3) Matching grant The Secretary may not make a grant to an airport under this subsection unless the airport agrees to match the grant funding with an equal amount of non-Federal funds. (4) Use of funds Grants received under the subsection— (A) shall be used to improve the grantee’s international passenger processing facility in accordance with the objectives of the Model Ports of Entry Program through activities such as— (i) the installation of informational television monitors; (ii) improvements to queue management; and (iii) the use of technology that will improve the entry process; (B) shall be used to provide a more efficient and welcoming international arrival process to facilitate and promote business and tourist travel to the United States; and (C) may not be used to replace funding for airport improvement projects paid for with— (i) passenger facility charges authorized under section 40117 (ii) grants received through the Airport Improvement Program under subchapter I of chapter 471 of such title 49. (5) Working groups (A) Establishment Grantees shall establish public-private partnership working groups with U.S. Customs and Border Protection. (B) Other members Working groups established under this paragraph may include representatives of the travel and tourism industry, including— (i) the air passenger sector; (ii) the hotel sector; (iii) the theme park sector; (iv) the rental car sector (v) the tour operator sector; (vi) the travel distribution sector; (vii) the retail sector; (viii) the State tourism authority; (ix) the local convention and visitors authority; (x) local cultural interest groups; and (xi) the event management sector. (C) Collaboration The working groups established under this paragraph shall— (i) support ongoing collaborative efforts to share best practices for improving the international arrivals process; and (ii) provide recommendations for overall facility design enhancements and the integration of public and cultural art into port of entry facilities at United States airports. (D) Federal advisory committee act The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups established under this paragraph. (6) Administration and selection criteria The Commissioner of U.S. Customs and Border Protection shall— (A) administer the Model Ports of Entry Grant Program; and (B) establish the criteria for selecting grantees. (7) Metrics The Commissioner of U.S. Customs and Border Protection shall establish metrics to determine the effectiveness of the Model Ports of Entry Grant Program. . (b) Report Not later than 2 years after the date of the enactment of this Act, the Commissioner shall submit a report to the appropriate congressional committees that includes— (1) a description of the status of the Model Ports of Entry Grant Program; (2) a description of the metrics U.S. Customs and Border Protection will use to measure the effectiveness of the Model Ports of Entry Grant Program; (3) an analysis comparing the results of the Model Ports of Entry Grant Program with the metrics established pursuant to section 725(d)(6) of the Implementing Recommendations of the 9/11 Commission Act of 2007, as added by subsection (a)(3); (4) recommendations on whether the Model Ports of Entry Grant Program should be made available on a competitive basis to additional airports; and (5) a description of the improvements the Commissioner intends to make to the Model Ports of Entry Grant Program. 6. U.S. Customs and Border Protection wait time metrics (a) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner shall submit a report to the appropriate congressional committees that— (1) includes data on average passenger wait times and peak wait times for each month at each port of entry; (2) provides an analysis of the performance of U.S. Customs and Border Protection against the metrics developed pursuant to section 571(a) of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76 (3) provides an update on the development and implementation of operational work plans that support the goal of reducing passenger processing times at air, land, and sea ports of entry in accordance with section 571(b) of such Act. (b) Public dissemination of wait times The Commissioner shall— (1) prominently post the latest information on wait times for processing arriving international passengers at United States airports and land ports of entry on the U.S. Customs and Border Protection website so that such information is easily accessible to website visitors; and (2) continuously update the information described in paragraph (1) during the hours in which the air and land ports are open and receiving customers. 7. Report on efforts to leverage technology in the international arrivals process Not later than 1 year after date of the enactment of this Act, the Commissioner shall submit a report to Congress that— (1) describes efforts to develop new technologies and procedures to improve the passenger screening process at United States ports of entry; (2) lists the Department of Homeland Security components for which each technology is being developed; and (3) identifies methods for more effectively processing inbound international travelers to the United States while strengthening security. 8. Increasing the transparency of Department of Homeland Security customer service enhancements (a) In general The Secretary of Homeland Security shall collect and analyze traveler feedback— (1) to develop customer service best practices across all relevant component agencies; (2) to ensure a welcoming environment; and (3) to improve the image of the United States around the world. (b) Use of traveler feedback The Secretary of Homeland Security shall— (1) coordinate the collection of all traveler feedback across all relevant component agencies to improve the transparency of customer service enhancements; (2) publicly report the feedback described in paragraph (1) on a quarterly basis; and (3) analyze and utilize such feedback to develop customer service best practices throughout the Department of Homeland Security, which shall include cultural sensitivity and diversity training. (c) Monthly report The Secretary of Homeland Security shall report all U.S. Customs and Border Protection traveler feedback to the Department of Transportation for publication in its monthly Air Travel Consumer Report. (d) INFO center staffing The Commissioner shall ensure that the U.S. Customs and Border Protection INFO Center is adequately staffed in order to limit caller wait times to shorter than 10 minutes.

INVITE Act of 2014

Requires the Inspector General of the Department of Veterans Affairs (VA) to submit to Congress within 180 days after enactment of this Act a report on wait times for veterans seeking medical appointments and treatment from the VA, which shall include: (1) information on wait times throughout the United States, and (2) a determination by the Inspector General as to whether such wait times have been prolonged by VA employees without a valid medical or administrative reason. Prohibits the VA Secretary from closing any VA medical facility, or from using any VA funds to prepare any environment impact statement related to such closure, before such report is submitted, or after the report is submitted if the Inspector General determines that wait times have been prolonged by VA employees without a valid reason, unless the Secretary certifies that such closure will not: increase the wait times for veterans in the catchment area of such medical facility; decrease the quality of care provided to such veterans; impede the access of such veterans to specialized health care services or to VA residential rehabilitation treatment programs and other inpatient care; increase the distance required to be traveled by such veterans to receive care; or impede the access to medical care for such veterans that are members of Indian tribes. Terminates such prohibition when the Inspector General certifies that such wait times are not being prolonged by VA employees without a valid reason.

To require the Inspector General of the Department of Veterans Affairs to submit a report on wait times for veterans seeking medical appointments and treatment from the Department of Veterans Affairs, to prohibit closure of medical facilities of the Department, and for other purposes. 1. Report on wait times for veterans seeking medical appointments and treatment from the Department of Veterans Affairs and prohibition on closure of medical facilities (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to Congress a report on wait times for veterans seeking medical appointments and treatment from the Department of Veterans Affairs. (2) Elements The report required by paragraph (1) shall include the following: (A) Information on wait times for veterans throughout the United States in seeking medical appointments and treatment from the Department. (B) A determination by the Inspector General as to whether the wait times for veterans seeking medical appointments and treatment from the Department have been prolonged by employees of the Department without a valid medical or administrative reason. (b) Prohibition on closure of medical facilities of the Department After the date of the enactment of this Act, and before the submittal of the report under subsection (a), the Secretary of Veterans Affairs shall not— (1) close any medical facility of the Department of Veterans Affairs; or (2) use any funds of the Department to prepare any environment impact statement that is related to the closure of a medical facility of the Department. (c) Prolonged wait times without valid reason (1) Prohibition on closure of medical facilities of the Department Except as provided in paragraphs (2) and (3), if, in the report submitted under subsection (a), the Inspector General determines that wait times for veterans seeking medical appointments and treatment from the Department have been prolonged by employees of the Department without a valid medical or administrative reason, the Secretary shall not close any medical facility of the Department or use any funds of the Department to prepare any environment impact statement that is related to the closure of a medical facility of the Department. (2) Exception The Secretary may close a medical facility of the Department or use funds of the Department to prepare an environmental impact statement related to the closure of a medical facility of the Department if, not later than 180 days before such closure or use of funds, the Secretary determines and certifies to Congress that the closure of such medical facility will not do any of the following: (A) Increase the wait times for veterans in the catchment area of such medical facility in seeking medical appointments and treatment from such medical facility. (B) Decrease the quality of care provided to such veterans. (C) Impede the access of such veterans to specialized health care services. (D) Impede the access of such veterans to residential rehabilitation treatment programs of the Department and other inpatient care. (E) Increase the distance required to be traveled by such veterans to receive inpatient and outpatient care. (F) Impede the access of such veterans that are members of Indian tribes (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) to medical care. (3) Termination The prohibition under paragraph (1) shall terminate on the date on which the Inspector General determines and certifies to Congress that wait times for veterans seeking medical appointments and treatment from the Department are not being prolonged by employees of the Department without a valid medical or administrative reason. (d) Environmental impact statement defined In this section, the term environmental impact statement

A bill to require the Inspector General of the Department of Veterans Affairs to submit a report on wait times for veterans seeking medical appointments and treatment from the Department of Veterans Affairs, to prohibit closure of medical facilities of the Department, and for other purposes.

Safety Over Secrecy Act of 2014 - Amends the federal judicial code to prohibit courts, except when balancing confidentiality interests against public awareness interests in response to a party's motion, from approving or ordering the enforcement of any provision of a settlement agreement in a civil suit if: (1) a pleading in the suit alleges facts relevant to protecting the public from a hazard to public safety or health; and (2) the provision prohibits a party from disclosing settlement terms (other than the amount of any money paid under the settlement) or from discussing the suit, evidence produced in the suit, or the hazard to public safety or health. Defines "hazard to public safety or health" as an activity, substance, or condition that has a potential to cause harm to the health or safety of the public. Authorizes a court, upon a motion by a party to the settlement agreement, to approve or order enforcement of such a provision if: (1) the public interest in disclosure of facts relevant to protecting the public is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records, and (2) the requested order is no broader than necessary to protect such confidentiality. Establishes a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest in disclosure. Permits courts to redact language to accommodate personal privacy and public awareness. Prohibits courts from approving or ordering the enforcement of a settlement agreement provision in a civil suit that includes allegations concerning public safety and health hazards if the provision restricts a party from disclosing such information to a federal or state agency with law enforcement or regulatory authority over related activity. Requires facts disclosed to a federal or state agency to be protected as confidential under any other laws, regulations, or agreements.

To restrict confidentiality agreements that prohibit the disclosure of information relating to hazards to public safety or health, and for other purposes. 1. Short title This Act may be cited as the Safety Over Secrecy Act of 2014 2. Restrictions on certain confidentiality agreements in settlements (a) In general Chapter 111 1660. Restrictions on certain confidentiality agreements in settlements (a) Definition In this section, the term hazard to public safety or health (b) Disclosure in general (1) In general Except as provided in paragraph (2), a court may not approve or order the enforcement of any provision in a settlement agreement, or other agreement relating to a settlement, between or among parties in a civil suit if— (A) a pleading filed in the suit alleges facts that are relevant to protecting the public from a hazard to public safety or health; and (B) the provision prohibits a party from— (i) disclosing the fact that the settlement was reached; (ii) disclosing the terms of the settlement, other than the amount of money, if any, paid under the settlement; (iii) discussing the suit or evidence produced in the suit; or (iv) otherwise discussing the hazard to public safety or health. (2) Balance of interests (A) In general On a motion by a party to an agreement described in paragraph (1), a court may approve or order the enforcement of a provision described in paragraph (1)(B), despite the fact that a pleading described in paragraph (1)(A) is filed in the suit, if the court, based on an independent finding of fact, determines that— (i) the public interest in the disclosure of facts that are relevant to protecting the public from a hazard to public safety or health is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records that are covered by the provision; and (ii) the requested order is no broader than necessary to protect the specific and substantial interest in maintaining confidentiality described in clause (i). (B) Considerations With respect to the balancing of interests described in subparagraph (A)(i)— (i) there shall be a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest described in subparagraph (A)(i); (ii) a general interest in the settlement of disputes may not serve as a specific and substantial interest described in subparagraph (A)(i); and (iii) a court may redact language in a settlement agreement, in order to accommodate— (I) the privacy of personal information; and (II) the public benefit of awareness of hazards to public safety and health. (c) Disclosure to Federal or State agencies (1) In general A court may not approve or order the enforcement of any provision of a settlement agreement, or other agreement relating to a settlement, between or among parties in a civil suit if— (A) a pleading filed in the suit alleges facts that are relevant to protecting the public from a hazard to public safety or health; and (B) the provision prohibits or otherwise restricts a party from disclosing a fact described in subparagraph (A) to a Federal or State agency with authority to enforce a law or regulate an activity relating to that fact. (2) Confidentiality maintained The confidentiality of a fact described in paragraph (1)(A) that is disclosed to a Federal or State agency described in paragraph (1)(B) shall be protected to the extent otherwise provided under any other law, regulation, or agreement. . (b) Technical and conforming amendment The table of sections for chapter 111 1660. Restrictions on certain confidentiality agreements in settlements. .

Safety Over Secrecy Act of 2014

Amends the Erie Canalway National Heritage Corridor Act to extend the Erie Canalway National Heritage Corridor Commission until 30 years (currently, 15 years) after December 21, 2000.

To reauthorize the Erie Canalway National Heritage Corridor Act. 1. Erie Canalway National Heritage Corridor Section 804(j) of the Erie Canalway National Heritage Corridor Act ( 16 U.S.C. 461 15 30

A bill to reauthorize the Erie Canalway National Heritage Corridor Act.

Furthering Asbestos Claim Transparency Act of 2014 or FACT Act - Amends federal bankruptcy law concerning a trust formed under a reorganization plan following the discharge in bankruptcy of a debtor corporation in order to assume the debtor's liability with respect to claims seeking recovery for personal injury, wrongful death, or property damage allegedly caused by the presence of, or exposure to, asbestos or asbestos-containing products. Requires such a trust to file with the bankruptcy court quarterly reports, available on the public docket, which describe each demand the trust has received from a claimant and the basis for any payment made to that claimant (excluding any confidential medical record or the claimant's full Social Security number). Requires such reports, upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by it, to provide any information related to payment from, and demands for payment from, the trust to any party to any action in law or equity concerning liability for asbestos exposure.

To amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos, and for other purposes. 1. Short title This Act may be cited as the Furthering Asbestos Claim Transparency Act of 2014 FACT Act 2. Amendments Section 524(g) (8) A trust described in paragraph (2) shall, subject to section 107— (A) not later than 60 days after the end of every quarter, file with the bankruptcy court a report that— (i) shall be made available on the court’s public docket; and (ii) with respect to such quarter— (I) shall describe each demand the trust received from, including the name and exposure history of, a claimant and the basis for any payment from the trust made to such claimant; and (II) shall not include any confidential medical record or the claimant’s full social security number; and (B) upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, provide in a timely manner any information related to payment from, and demands for payment from, such trust, subject to appropriate protective orders, to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure. . 3. Effective date; application of amendments This Act and the amendments made by this Act shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to any case commenced under title 11 of the United States Code before, on, or after the date of enactment of this Act.

FACT Act

Designates the facility of the United States Postal Service located at 162 Northeast Avenue in Tallmadge, Ohio, as the "Lance Corporal Daniel Nathan Deyarmin, Jr., Post Office Building."

To redesignate the facility of the United States Postal Service located at 162 Northeast Avenue in Tallmadge, Ohio, as the Lance Corporal Daniel Nathan Deyarmin, Jr., Post Office Building 1. Lance Corporal Daniel Nathan Deyarmin, Jr., Post Office Building (a) Redesignation The facility of the United States Postal Service located at 162 Northeast Avenue in Tallmadge, Ohio, shall be known and designated as the Lance Corporal Daniel Nathan Deyarmin, Jr., Post Office Building (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lance Corporal Daniel Nathan Deyarmin, Jr., Post Office Building

A bill to redesignate the facility of the United States Postal Service located at 162 Northeast Avenue in Tallmadge, Ohio, as the "Lance Corporal Daniel Nathan Deyarmin, Jr., Post Office Building".

Songwriter Equity Act of 2014 - Amends federal copyright law regarding the exclusive rights of sound recording copyright owners to remove a provision that prohibits license fees payable for the public performance of sound recordings, by means of a digital audio transmission, from being taken into account in any administrative, judicial, or other governmental proceeding to set or adjust the royalties payable to copyright owners of musical works for the public performance of their works. Requires Copyright Royalty Judges (CRJs), when setting royalty rates under the compulsory license available for the reproduction and distribution of musical works (commonly referred to as a "mechanical license"), to establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and seller. Requires CRJs, in establishing such rates and terms, to base their decision on marketplace, economic, and use information presented by the participants. Allows consideration of comparable uses and circumstances under voluntary license agreements.

To amend title 17, United States Code, to ensure fairness in the establishment of certain rates and fees under sections 114 and 115 of such title, and for other purposes. 1. Short title This Act may be cited as the Songwriter Equity Act of 2014 2. Effect on royalties for underlying works Section 114(i) (i) Effect on royalties for underlying works It is the intent of Congress that royalties payable to copyright owners of musical works for the public performance of their works shall not be diminished in any respect as a result of the rights granted in section 106(6). . 3. Application to sections 112(e) 114(f) (a) Proceedings not affected Neither section 2 of this Act nor the amendment made to section 114(i) (b) Decisions and precedents not affected Neither section 2 of this Act nor the amendment made to section 114(i) 4. Functions of copyright royalty judges (a) In general Section 801(b)(1) The rates applicable under sections 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives The rates applicable under sections 114(f)(1)(B) and 116 shall be calculated to achieve the following objectives (b) Effective date The amendment made by subsection (a) shall apply to any proceeding that is pending on, or commenced on or after, the date of the enactment of this Act. 5. Royalty payable under compulsory license (a) In general Section 115(c)(3)(D) In addition to the objectives set forth in section 801(b)(1), in establishing such rates and terms, the Copyright Royalty Judges may consider rates and terms under voluntary license agreements described in subparagraphs (B) and (C). The Copyright Royalty Judges shall establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. In establishing such rates and terms, the Copyright Royalty Judges shall base their decision on marketplace, economic, and use information presented by the participants. In establishing such rates and terms, the Copyright Royalty Judges may consider the rates and terms for comparable uses and comparable circumstances under voluntary license agreements. (b) Effective date The amendment made by subsection (a) shall apply to any proceeding that is pending on, or commenced on or after, the date of the enactment of this Act.

Songwriter Equity Act of 2014

MAP-21 Reauthorization Act - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2015-FY2020 for: (1) certain core federal-aid highway programs, and (2) Federal Highway Administration (FHWA) administrative expenses. Prescribes obligation ceilings for certain federal-aid highway and highway safety construction programs. Makes eligible for the national highway performance program any projects for replacement or rehabilitation of bridges on federal-aid highways. Extends through FY2020 funding for highway use tax evasion projects. Prescribes requirements to allow a state to bundle two or more similar projects for the replacement or repair of structurally deficient bridge projects. Requires each contractor and subcontractor who contracts for a bridge construction, replacement, or repair project to be certified as meeting certain eligibility requirements. Revises formulae for certain allocations of funds to states for construction of ferry boats and ferry terminal facilities. Makes certain funds available for the National Ferry Database. Revises congestion mitigation and air quality improvement (CMAQ) program requirements. Requires states and metropolitan planning organizations (MPOs) to use PM2.5 priority funding on the most cost-effective CMAQ projects and programs proven to reduce directly emitted fine particulate matter. Revises national freight program requirements. Requires a state to obligate its apportionment of national freight program funds for projects to improve the movement of freight on the national highway freight network. Requires states that have not met or made significant progress toward meeting certain state performance targets for freight movement on the network to submit to the Secretary of Transportation (DOT), biennially, a freight performance improvement plan. Amends MAP-21 to revise requirements for state freight plans. Requires a state to develop a comprehensive 10-year freight plan, updated every 5 years. Directs the Secretary to establish a grant program for projects of national and regional significance. Revises and makes permanent the reservation of transportation enhancements program funds apportioned to a state for surface transportation alternatives, recreational trails program, and safe routes to school program projects. Directs the Secretary to: (1) carry out a research and innovation program to explore alternative transportation revenue mechanisms that preserve a user fee structure to maintain the long-term solvency of the HTF, and (2) establish a Surface Transportation Revenue Alternatives Advisory Council. Extends through FY2020 the availability of a specified amount of FHWA administrative funds for: (1) certain safety-related activities, and (2) operation of certain safety-related clearinghouses. Directs the Secretary to issue guidance on working with state departments of transportation that request assistance from Federal Highway Administration division offices to: (1) review principal arterials within a state that were added to the National Highway System as of October 1, 2012, and (2) identify any functional classification changes needed to rural and urban principal arterials. Directs the Secretary to establish a competitive grant program for best practices that promote progress, innovation, and efficiency for surface transportation programs within state transportation departments and MPOs. Directs the Secretary to compile, update regularly, and make available on the DOT website data on amounts made available under this Act for each fiscal for federal-aid projects. Directs the Comptroller General (GAO) to report to Congress on Federal Highway Administration administrative expenses funded from the HTF during the three most recently completed fiscal years. Prescribes procedures for accelerating the project delivery decisionmaking process with respect to environmental review of projects. Revises requirements for application of categorical exclusions for multimodal projects. (A "categorical exclusion" under the National Environmental Policy Act of 1969 is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.) Revises and reauthorizes the state infrastructure bank program for FY2015-FY2020. Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to authorize the Secretary to set-aside up to 10% of TIFIA program funds to provide credit assistance (loans) for the capitalization of state infrastructure banks.

To reauthorize Federal-aid highway and highway safety construction programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the MAP–21 Reauthorization 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. TITLE I—Federal-aid highways Subtitle A—Authorizations and programs Sec. 1101. Authorization of appropriations. Sec. 1102. Obligation ceiling. Sec. 1103. Apportionment. Sec. 1104. National highway performance program. Sec. 1105. Federal share payable. Sec. 1106. Surface transportation program. Sec. 1107. Highway use tax evasion projects. Sec. 1108. Bundling of bridge projects. Sec. 1109. Flexibility for certain rural road and bridge projects. Sec. 1110. Requirements for eligible bridge projects. Sec. 1111. Construction of ferry boats and ferry terminal facilities. Sec. 1112. Highway safety improvement program. Sec. 1113. Data collection on unpaved roads. Sec. 1114. Congestion mitigation and air quality improvement program. Sec. 1115. Highway safety improvement program performance measure. Sec. 1116. National freight program. Sec. 1117. State freight advisory committees. Sec. 1118. State freight plans. Sec. 1119. Projects of national or regional significance. Sec. 1120. Transportation alternatives. Sec. 1121. Assessing policy and system financing alternatives. Sec. 1122. Consolidation of programs. Sec. 1123. State flexibility for national highway system modifications. Sec. 1124. Department of Transportation performance measures. Sec. 1125. American transportation awards. Subtitle B—Highway Trust Fund Transparency and Accountability Sec. 1201. Highway Trust Fund transparency and accountability. Sec. 1202. Report on Highway Trust Fund administrative expenditures. Subtitle C—Acceleration of project delivery Sec. 1301. Categorical exclusion for projects of limited Federal assistance. Sec. 1302. Programmatic agreement template. Sec. 1303. Satisfaction of requirements for certain historic sites. Sec. 1304. Initiation of environmental review process and elimination of duplicative reviews. Sec. 1305. Accelerated decisionmaking in environmental reviews. Sec. 1306. Integration of planning and environmental review. Sec. 1307. Use of programmatic agreement. Sec. 1308. Technical assistance for States. Sec. 1309. Improvement of application of categorical exclusions for multimodal projects. TITLE II—Transportation Infrastructure Finance and Innovation Act of 1998 Amendments Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. Sec. 2002. State infrastructure banks. Sec. 2003. TIFIA loans for State infrastructure banks. TITLE III—Technical Corrections to MAP–21 Sec. 3001. Technical corrections. 2. Definitions In this Act, the following definitions apply: (1) Department The term Department (2) Secretary The term Secretary I Federal-aid highways A Authorizations and programs 1101. Authorization of appropriations (a) In general The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Federal-aid highway program For the national highway performance program under section 119 (A) $38,441,000,000 for fiscal year 2015; (B) $39,173,000,000 for fiscal year 2016; (C) $39,987,000,000 for fiscal year 2017; (D) $40,842,000,000 for fiscal year 2018; (E) $41,698,000,000 for fiscal year 2019; and (F) $42,594,000,000 for fiscal year 2020. (2) Transportation infrastructure finance and innovation program For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 (3) Federal lands and tribal transportation programs (A) Tribal transportation program For the tribal transportation program under section 202 (B) Federal lands transportation program For the Federal lands transportation program under section 203 (C) Federal lands access program For the Federal lands access program under section 204 (4) Projects of national or regional significance program For the projects of national or regional significance program under section 171 (5) Territorial and puerto rico highway program For the territorial and Puerto Rico highway program under section 165 (b) Research, technology, and education authorizations (1) In general The following sums are authorized to be appropriated: (A) Highway research and development program To carry out the highway research and development program under section 503(b) (B) Technology and innovation deployment program To carry out the technology and innovation deployment program under section 503(c) (C) Training and education To carry out training and education under section 504 (D) Intelligent transportation systems program To carry out the intelligent transportation systems program under sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2015 through 2020. (E) University transportation centers program To carry out the university transportation centers program under section 5505 (F) Bureau of transportation statistics To carry out chapter 63 (2) Administration The Federal Highway Administration shall administer the programs described in subparagraphs (D) through (F) of paragraph (1). (c) Disadvantaged business enterprises (1) Findings Congress finds that— (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the United States; (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2) Definitions In this subsection, the following definitions apply: (A) Small business concern (i) In general The term small business concern (ii) Exclusions The term small business concern (B) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individuals 15 U.S.C. 637(d) (3) Amounts for small business concerns Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under title I of this Act and section 403 (4) Annual listing of disadvantaged business enterprises Each State shall annually— (A) survey and compile a list of the small business concerns referred to in paragraph (2) in the State, including the location of the small business concerns in the State; and (B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5) Uniform certification (A) In general The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) Inclusions The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern— (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6) Reporting The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary— (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (7) Compliance with court orders Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under title I of this Act and section 403 1102. Obligation ceiling (a) General limitation Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed— (1) $40,907,000,000 for fiscal year 2015; (2) $41,639,000,000 for fiscal year 2016; (3) $42,453,000,000 for fiscal year 2017; (4) $43,308,000,000 for fiscal year 2018; (5) $44,164,000,000 for fiscal year 2019; and (6) $45,060,000,000 for fiscal year 2020. (b) Exceptions The limitations under subsection (a) shall not apply to obligations under or for— (1) section 125 (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 (8) section 105 (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 (12) section 119 (13) section 119 (c) Distribution of obligation authority For each of fiscal years 2015 through 2020, the Secretary shall— (1) not distribute obligation authority provided by subsection (a) for the fiscal year for amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; (2) not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (12) of subsection (b) and sums authorized to be appropriated for section 119 (4) distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (d) Redistribution of unused obligation authority Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2015 through 2020— (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 ( Public Law 112–141 (e) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2015 through 2020, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) 1103. Apportionment Section 104 (1) in subsection (a)(1) by striking Administration— Administration $440,000,000 for each of fiscal years 2015 through 2020. (2) in subsection (b)— (A) by inserting the national freight program, highway safety improvement program, (B) in paragraphs (1), (2), and (3) by striking paragraphs (4) and (5) paragraphs (4), (5), and (6) (C) in paragraph (4) in the matter preceding subparagraph (A) by striking determined for the State under subsection (c) remaining under subsection (c) after making amounts available in accordance with paragraph (6) for each of fiscal years 2015 through 2020 (D) in paragraph (5) in the matter preceding subparagraph (A) by striking determined for the State under subsection (c) remaining under subsection (c) after making amounts available in accordance with paragraph (6) for each of fiscal years 2015 through 2020 (E) by adding at the end the following: (6) National freight program For the national freight program under section 167, the Secretary shall set aside from the amount determined under subsection (c) prior to distributing amounts under paragraphs (1) through (5)— (A) $400,000,000 for fiscal year 2016; (B) $800,000,000 for fiscal year 2017; (C) $1,200,000,000 for fiscal year 2018; (D) $1,600,000,000 for fiscal year 2019; and (E) $2,000,000,000 for fiscal year 2020. ; and (3) in subsection (c) by adding at the end the following: (3) For fiscal years 2015 through 2020 (A) State share For each of fiscal years 2015 through 2020, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national freight program under section 167, and to carry out section 134 shall be determined as follows: (i) Initial amount The initial amount for each State shall be determined by multiplying the total amount available for apportionment by the share for each State which shall be equal to the proportion that— (I) the amount of apportionments that the State received for fiscal year 2014; bears to (II) the amount of those apportionments received by all States for that fiscal year. (ii) Adjustments to amounts The initial amounts resulting from the calculation under clause (i) shall be adjusted to ensure that, for each State, the amount of combined apportionments for the programs shall not be less than 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. (B) State apportionment For each of fiscal years 2015 through 2020, on October 1, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national freight program under section 167, and to carry out section 134 in accordance with subparagraph (A). . 1104. National highway performance program Section 119(d)(2) (Q) Replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on Federal-aid highways (other than on the National Highway System), except that a State may not obligate in excess of 10 percent of the funds apportioned to the State under section 104(b)(1) for such purpose. . 1105. Federal share payable Section 120(c) (1) in paragraph (1) in the first sentence— (A) by inserting (including pedestrian hybrid beacons) control signalization, (B) by inserting roadway improvements that provide separation between pedestrians and motor vehicles (including medians and pedestrian crossing islands), safety rest areas, (C) by inserting safe routes to schools, crossing closure, (2) in paragraph (3)— (A) in subparagraph (A)(ii) by inserting engineering, or design approaches, technologies, (B) in subparagraph (B)— (i) in clause (iv) by striking or (ii) in clause (v) by striking the period at the end and inserting ; or (iii) by adding at the end the following: (vi) contracts for engineering and design services as described in section 112(b)(2). . 1106. Surface transportation program Section 133(b) (1) in paragraph (10) by inserting , including emergency evacuation plans programs (2) by adding at the end the following: (27) Transportation research activities, including university transportation centers, under chapter 55 of title 49. . 1107. Highway use tax evasion projects Section 143(b)(2)(A) and 2014 through 2020 1108. Bundling of bridge projects (a) In general Section 144 (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the end the following: (j) Bundling of bridge projects (1) Purpose The purpose of this subsection is to save costs and time by encouraging States to bundle multiple bridge projects as 1 project. (2) Definition of eligible entity In this subsection, the term eligible entity (3) Bundling of bridge projects An eligible entity may bundle 2 or more similar bridge projects that are— (A) eligible projects under section 119 or 133; (B) included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and (C) awarded to a single contractor pursuant to a contract for engineering and design or construction between the contractor and a State department of transportation. (4) Itemization Notwithstanding any other provision of law (including regulations), an eligible bridge project included in a bundle under this subsection may be listed as— (A) 1 project for purposes of sections 134 and 135; and (B) a single project within the applicable bundle. (5) Financial characteristics (A) In general Subject to subparagraph (B), projects bundled under this subsection shall have the same financial characteristics, including— (i) the same funding category or subcategory; and (ii) the same Federal share. (B) Limitation Notwithstanding section 126, at the request of an eligible entity, the Secretary may transfer from funds suballocated under section 133(d)(1)(A) the amount of funds for which 1 or more of the bundled projects is eligible such that the funds for the entire bundle of projects are in a single fund category. . (b) Technical amendments Section 120(c)(3)(B) (1) in clause (v) by striking or (2) in clause (vi) by striking the period at the end and inserting ; or (3) by adding at the end the following: (vii) bundled projects, as described in section 144(j). . 1109. Flexibility for certain rural road and bridge projects (a) Authority The Secretary is authorized, upon request by a State, to exercise all existing flexibilities and exceptions from the requirements of title 23, United States Code, and other requirements administered by the Secretary, in whole or part, and otherwise provide additional flexibility or expedited processing with respect to such requirements, with respect to rural road and rural bridge projects eligible for funding under such title, pursuant to the provisions of this section. (b) Types of projects A rural road or rural bridge project under this section shall— (1) be located in a county or parish that, based on the most recent decennial census, either— (A) has a population density of 20 or fewer persons per square mile of land area; or (B) is the county or parish that has the lowest population density of all counties or parishes in the State; (2) be located within the operational right-of-way (as defined in section 1316(b) of MAP–21 (23 U.S.C. 109 note; Public Law 112–141 (3) (A) receive less than $5,000,000 of Federal funds; or (B) have a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost. (c) Process To assist rural projects (1) Assistance with federal requirements (A) In general For projects eligible under this section, the Secretary shall seek to provide, to the maximum extent practicable, regulatory relief and flexibility consistent with this section. (B) Exceptions, exemptions, and additional flexibility Exceptions, exemptions, and additional flexibility from regulatory requirements may be granted if, in the opinion of the Secretary— (i) the project is not expected to have a significant adverse impact on the environment; (ii) the project is not expected to have an adverse impact on safety; and (iii) such assistance would be in the public interest for 1 or more reasons such as— (I) reduced project costs; (II) expedited construction, particularly in an area where the construction season is relatively short and not granting the waiver or additional flexibility could delay the project to a later construction season; or (III) improved safety. (2) Maintaining protections Nothing in this subsection— (A) waives sections 113 or 138 of title 23, United States Code; (B) supersedes, amends, or modifies— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) any requirement of title 23, United States Code; or (C) affects the responsibility of any Federal officer to comply with or enforce any such law or requirement. 1110. Requirements for eligible bridge projects (a) Definitions In this section, the following definitions apply: (1) Eligible bridge project The term eligible bridge project (2) Qualified training program The term qualified training program (A) (i) is certified by the Secretary of Labor; and (ii) with respect to an eligible bridge project located in an area in which the Secretary of Labor determines that a training program does not exist, is registered with— (I) the Department of Labor; or (II) a State agency recognized by the Department of Labor for purposes of a Federal training program; or (B) is a corrosion control, mitigation, and prevention personnel training program that is offered by an organization whose standards are recognized and adopted in other Federal agencies or State departments of transportation. (b) Eligibility requirements (1) In general Each contractor and subcontractor that carries out any aspect of an eligible bridge project described in paragraph (2) shall— (A) before entering into the applicable contract, be certified by the Secretary or a State, in accordance with paragraph (4), as meeting the eligibility requirements described in paragraph (3); and (B) remain certified as described in subparagraph (A) while carrying out the applicable aspect of the eligible bridge project. (2) Description of aspects of eligible bridge projects An aspect of an eligible bridge project referred to in paragraph (1) is— (A) surface preparation or coating application on bridge steel of an eligible bridge project; (B) removal of a lead-based or other hazardous coating from bridge steel of an existing eligible bridge project; (C) shop painting of structural steel fabricated for installation on bridge steel of an eligible bridge project; and (D) the design, application, installation, and maintenance of a cathodic protection system. (3) Requirements The eligibility requirements referred to in paragraph (1) are that a contractor or subcontractor shall— (A) as determined by the Secretary— (i) use corrosion mitigation and prevention methods to preserve relevant bridges and overpasses, taking into account— (I) material selection; (II) coating considerations; (III) cathodic protection considerations; (IV) design considerations for corrosion; and (V) trained applicators; (ii) use best practices— (I) to prevent environmental degradation; and (II) to ensure careful handling of all hazardous materials; and (iii) demonstrate a history of employing industry-respected inspectors to ensure funds are used in the interest of affected taxpayers; and (B) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration, as determined by the Secretary of Labor. (4) State consultation In determining whether to certify a contractor or subcontractor under paragraph (1)(A), a State shall consult with engineers and other experts trained in accordance with a qualified training program specializing in corrosion control, mitigation, and prevention methods. (c) Optional training program As a condition of entering into a contract for an eligible bridge project, each contractor and subcontractor that performs construction, alteration, or repair work on a bridge or overpass for the eligible bridge project may provide, or make available, training, through a qualified training program, for each applicable craft or trade classification of employees that the contractor or subcontractor intends to employ to carry out aspects of eligible bridge projects as described in subsection (b)(2). 1111. Construction of ferry boats and ferry terminal facilities (a) Construction of ferry boats and ferry terminal facilities Section 147 (1) by redesignating subsections (a), (b), (c), (d), (e), (f), and (g) as subsections (b), (c), (d), (e), (f), (k), and (l), respectively; (2) by inserting before subsection (b) (as redesignated by paragraph (1)) the following: (a) Definitions In this section, the following definitions apply: (1) Boarding (A) In general The term boarding (B) Exclusions The term boarding (2) Ferry route The term ferry route (3) State The term State (A) any of the 50 States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. ; (3) in subsection (b) (as redesignated by paragraph (1)) by striking In general Program (4) in subsection (d) (as redesignated by paragraph (1)) by striking subsection (d) subsection (e) (5) by striking subsections (e) and (f) (as redesignated by paragraph (1)) and inserting the following: (e) Formula Of the amounts allocated pursuant to subsection (d)— (1) 35 percent shall be allocated among eligible entities in the proportion that— (A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent fiscal year; bears to (B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent fiscal year; (2) 35 percent shall be allocated among eligible entities in the proportion that— (A) the number of vehicles carried by each ferry system in the most recent fiscal year; bears to (B) the number of vehicles carried by all ferry systems in the most recent fiscal year; and (3) 30 percent shall be allocated among eligible entities in the proportion that— (A) the total route nautical miles serviced by each ferry system; bears to (B) the total route nautical miles serviced by all ferry systems. (f) Certain routes For a ferry route that provides service between 2 States or a State and Canada, nautical miles for a route shall be reported by and assigned to the State of departure on the ferry route to the first destination of the ferry in the subsequent State or in Canada. (g) Redistribution of unobligated amounts The Secretary shall— (1) withdraw amounts allocated to an eligible entity under subsection (d) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and (2) in the subsequent fiscal year, redistribute those funds in accordance with the formula under subsection (e) among eligible entities for which no amounts were withdrawn under paragraph (1). (h) Minimum amount Notwithstanding subsection (d), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year. (i) Implementation (1) Data collection (A) National ferry database Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59 (B) Eligibility for funding To be eligible to receive funds under subsection (d), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of the SAFETEA–LU ( 23 U.S.C. 129 Public Law 109–59 (2) Adjustments On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data. (j) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $75,000,000 for each fiscal year. . (b) National ferry database Section 1801(e)(4) of the SAFETEA–LU ( 23 U.S.C. 129 Public Law 109–59 (D) make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000, to maintain the database. . (c) Conforming amendments Section 129(c) (1) in the first sentence of paragraph (2) by inserting , or on a public transit ferry eligible under chapter 53 Interstate System (2) in paragraph (3)— (A) by striking (3) Such ferry (3)(A) Such ferry (B) by adding at the end the following: (B) Such Federal participation shall not involve the construction or purchase, for private ownership, a ferry boat, ferry terminal facility, or other eligible project under this section. ; and (3) by striking paragraph (6) and inserting the following: (6) The ferry service shall be maintained in accordance with section 116, and no ferry boat or ferry terminal with such Federal participation may be sold, leased, or otherwise disposed of, except in accordance with part 18 of title 49, Code of Federal Regulations (including successor regulations). The Federal share of any proceeds from such a disposition shall be used for eligible purposes under this title. . 1112. Highway safety improvement program Section 148(a)(4)(B) (1) in the matter preceding clause (i), by striking , but is not limited to, (2) by adding at the end the following: (xxv) An infrastructure safety project not described in clauses (i) through (xxiv). . 1113. Data collection on unpaved roads Section 148 (k) State option To extend period for collection of data regarding unpaved public roads A State is hereby authorized, at the discretion of the State, to complete collection of fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved, by up to 5 years after the deadline otherwise established by the Secretary, at no penalty, if— (1) the State notifies the Secretary of the intent of the State to exercise the option; and (2) after the deadline otherwise established by the Secretary and until the State completes a collection of the required model inventory of roadway elements data for any unpaved public road, the State does not undertake a project under this section on that road. . 1114. Congestion mitigation and air quality improvement program Section 149 (1) in subsection (b)— (A) in paragraph (1)(A)(i)(I) by inserting in the designated nonattainment area (B) in paragraph (3) by inserting or maintenance attainment (C) in paragraph (4) by striking is likely to contribute to the attainment of a national ambient air quality standard is likely to contribute to the area’s attainment or maintenance of a national ambient air quality standard (2) in subsection (d)— (A) in paragraph (2)(A) in the matter preceding clause (i) by inserting would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or is eligible under (B) in paragraph (3) by inserting , in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21, the Secretary shall modify (3) in subsection (g)(3)— (A) by striking States and metropolitan (A) In general States and metropolitan ; and (B) by adding at the end the following: (B) Use of priority funding To the maximum extent practicable, PM 2.5 . 1115. Highway safety improvement program performance measure Section 150(c)(4)(B) for both motorized and nonmotorized transportation 1116. National freight program Section 167 167. National freight program (a) Policy It is the policy of the United States to improve the condition and performance of the national freight network to ensure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b). (b) Goals The goals of the national freight program are— (1) to invest in infrastructure improvements and to implement operational improvements on our Nation's highways that— (A) strengthen the contribution of the national freight network to the economic competitiveness of the United States; (B) reduce congestion and relieve bottlenecks in the freight transportation system; (C) reduce the cost of freight transportation; (D) improve the reliability of freight transportation; and (E) increase productivity, particularly for domestic industries and businesses that create high-value jobs; (2) to improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas; (3) to improve the state of good repair of the national freight network; (4) to use advanced technology to improve the safety and efficiency of the national freight network; (5) to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national freight network; (6) to improve the efficiency and productivity of the national freight network; and (7) to reduce the environmental impacts of freight. (c) Establishment of a national highway freight network (1) In general The Secretary shall establish a national highway freight network in accordance with this section to assist States in strategically directing resources toward improved system performance for efficient movement of freight on highways. (2) Network components The national highway freight network shall consist of— (A) the primary highway freight network, as designated by the Secretary under subsection (d) (referred to in this section as the primary highway freight network (B) the portions of the Interstate System not designated as part of the primary highway freight network; (C) critical rural freight corridors established under subsection (e); (D) critical urban freight corridors established under subsection (f); and (E) National Highway System intermodal connectors. (d) Designation of primary highway freight network (1) Initial designation of primary highway freight network (A) Designation Not later than 1 year after the date of enactment of the MAP–21 Reauthorization Act (i) based on an inventory of national freight volume conducted by the Administrator of the Federal Highway Administration, in consultation with stakeholders, including system users, transport providers, metropolitan planning organizations, and States; and (ii) that shall be comprised of not more than 27,000 centerline miles of existing roadways that are most critical to the movement of freight. (B) Factors for designation In designating the primary highway freight network, the Secretary shall consider— (i) the origins and destinations of freight movement in, to, and from the United States; (ii) the total freight tonnage and value of freight moved via highways; (iii) the percentage of annual average daily truck traffic in the annual average daily traffic on principal arterials; (iv) the annual average daily truck traffic on principal arterials; (v) land and maritime ports of entry; (vi) access to energy exploration, development, installation, or production areas; (vii) the significance of goods movement, including consideration of points of origin, destination, and linking components of the global and domestic supply chains; (viii) proximity of access to other freight intermodal facilities, including rail, air, water, and pipelines; (ix) population centers; (x) significant freight bottlenecks, as identified by the Administrator of the Federal Highway Administration; and (xi) network connectivity. (2) Additional miles on primary highway freight network In addition to the miles initially designated under paragraph (1)— (A) the Secretary may increase the number of miles designated as part of the primary highway freight network by not more than 3,000 additional centerline miles of roadways (which may include existing or planned roads) critical to the future efficient movement of goods on the primary highway freight network; and (B) each State may increase the number of miles designated as part of the primary highway freight network in that State by not more than 10 percent of the miles designated in that State under paragraph (1) if the additional miles— (i) close gaps between primary highway freight network segments; (ii) establish first- and last-mile connections of the primary highway freight network critical to the efficient movement of goods, including ports, international border crossings, airports, intermodal facilities, railyards, logistics centers, warehouses, and agricultural facilities; or (iii) designate critical emerging freight routes. (3) State flexibility for designation of miles on the primary highway freight network Each State that increases the number of miles on the primary highway freight network under paragraph (2) shall— (A) consider nominations for such additional miles from metropolitan planning organizations within the State; (B) ensure that the additional miles are consistent with the freight plan of the State; (C) review the primary highway freight network of the State designated under paragraphs (1) and (2) and redesignate miles in a manner that is consistent with paragraph (4); and (D) submit to the Secretary a list of the additional miles added under this subsection. (4) Redesignation of primary highway freight network (A) In general Beginning on the date that is 5 years after the designation of the primary highway freight network and every 5 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the primary highway freight network (including any additional mileage added to the primary highway freight network under paragraph (2) as of the date on which the redesignation process is initiated). (B) Considerations In redesignating the primary highway freight network, to the maximum extent practicable, the Secretary shall rely on measurable data to assess the significance of goods movement, including consideration of points of origin, destination, and linking components of the United States global and domestic supply chains. (e) Critical rural freight corridors A State may designate a road within the borders of the State as a critical rural freight corridor if the road— (1) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (FHWA vehicle class 8 to 13); (2) provides access to energy exploration, development, installation, or production areas; (3) connects the primary highway freight network, a roadway described in paragraph (1) or (2), or Interstate System to facilities that handle more than— (A) 50,000 20-foot equivalent units per year; or (B) 500,000 tons per year of bulk commodities; (4) provides access to— (A) a grain elevator or other regionally significant agricultural facility; or (B) an intermodal transfer facility; (5) connects to an international port of entry; (6) provides access to significant air, rail, water, or other freight facilities in the State; or (7) is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State. (f) Critical urban freight corridors A State, or a city or a metropolitan planning organization in coordination with the State, may designate a road within the borders of the State as a critical urban freight corridor if the road— (1) connects an intermodal facility to— (A) the primary highway freight network; (B) the Interstate system; or (C) an intermodal facility; (2) is located within a corridor of a route on the primary highway freight network and provides alternative highway options important to goods movement; (3) serves a major freight generator, logistic center, or manufacturing and warehouse industrial land; or (4) is important to the movement of freight within the region, as determined by the State, city, or metropolitan planning organization. (g) National freight strategic plan (1) Initial development of national freight strategic plan Not later than 3 years after the date of enactment of the MAP–21 Reauthorization Act (A) an assessment of the condition and performance of the national freight network; (B) an identification of highway bottlenecks on the national freight network that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include— (i) information from the Freight Analysis Framework of the Federal Highway Administration; and (ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented; (C) forecasts of freight volumes for the 10- and 20-year period beginning in the year during which the plan is issued based on the most recent data available; (D) an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans; (E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers); (F) an identification of routes providing access to energy exploration, development, installation, or production areas; (G) best practices for improving the performance of the national freight network; (H) best practices to mitigate the impacts of freight movement on communities; (I) a process for addressing multistate projects and encouraging jurisdictions to collaborate; (J) identification of locations or areas with high crash rates or congestion involving freight traffic, and strategies to address those issues; and (K) strategies to improve freight intermodal connectivity. (2) Updates to national freight strategic plan Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the public website of the Department of Transportation a revised national freight strategic plan. (h) Highway freight transportation conditions and performance reports Not later than 2 years after the date of enactment of the MAP–21 Reauthorization Act (i) Transportation investment data and planning tools (1) In general Not later than 1 year after the date of enactment of the MAP–21 Reauthorization Act (A) begin development of new tools and improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including— (i) methodologies for systematic analysis of benefits and costs on a national and regional basis; (ii) tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; (iii) improved methods for data collection and trend analysis; (iv) encouraging public-private partnerships to carry out data sharing activities while maintaining the confidentiality of all proprietary data; and (v) other tools to assist in effective transportation planning; (B) identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions; and (C) at a minimum, in consultation with other relevant Federal agencies, consider any improvements to existing freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand. (2) Consultation The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data described in paragraph (1). (j) Use of apportioned funds (1) In general A State shall obligate funds apportioned to the State under section 104(b)(6) to improve the movement of freight on the national highway freight network. (2) Primary highway freight network funding For each fiscal year, of the funds apportioned to a State under section 104(b)(6), the State shall obligate for projects on the primary highway freight network an amount that is not less than the proportion that— (A) the total mileage in the State designated as primary highway freight network; bears to (B) the sum of— (i) the total mileage in the State designated as primary highway freight network; and (ii) the total mileage in the State on the Interstate system that is not designated as part of the primary highway freight network. (3) Freight planning Notwithstanding any other provision of law, effective 2 years after the date of enactment of the MAP–21 Reauthorization Act (A) established a freight advisory committee in accordance with section 1117 of MAP–21 (23 U.S.C. 167 note; 126 Stat. 472); and (B) developed a freight plan in accordance with section 1118 of MAP–21 ( 23 U.S.C. 167 (k) Eligibility (1) In general Except as provided in this subsection, for a project to be eligible for funding under this section, a State shall provide information to the Secretary describing the improvement made by the project to the efficient movement of freight on the national highway freight network and how the project is consistent with the freight investment plan included in the freight plan of the State. (2) Multimodal projects A State may obligate not more than 10 percent of the total apportionment to the State under section 104(b)(6) for projects within the boundaries of public and private freight rail, maritime projects, and intermodal facilities, but shall only include surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into and out of the facility. (3) Eligible projects Funds apportioned to the State under section 104(b)(6) for the national highway freight program may be obligated to carry out 1 or more of the following: (A) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities. (B) Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance. (C) Intelligent transportation systems and other technology to improve the flow of freight. (D) Efforts to reduce the environmental impacts of freight. (E) Environmental and community mitigation of freight. (F) Railway-highway grade separation. (G) Geometric improvements to interchanges and ramps. (H) Truck-only lanes. (I) Climbing and runaway truck lanes. (J) Adding or widening of shoulders. (K) Truck parking facilities eligible for funding under section 1401 of MAP–21 ( 23 U.S.C. 137 Public Law 112–141 (L) Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems. (M) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies. (N) Traffic signal optimization including synchronized and adaptive signals. (O) Work zone management and information systems. (P) Highway ramp metering. (Q) Electronic cargo and border security technologies that improve truck freight movement. (R) Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities. (S) Additional road capacity to address highway freight bottlenecks. (T) A highway project, other than a project described in subparagraphs (A) through (S), to improve the flow of freight on the national highway freight network. (U) Any other surface transportation project to improve the flow of freight into and out of a facility described in paragraph (2), subject to the limitation of that paragraph. (4) Other eligible costs In addition to the eligible projects identified in paragraph (3), a State may use funds apportioned under section 104(b)(6) for— (A) carrying out diesel retrofit or alternative fuel projects defined in section 149 for class 8 vehicles; and (B) the necessary costs of— (i) conducting analyses and data collection; (ii) developing and updating performance targets to carry out this section; and (iii) reporting to the Secretary to comply with section 150. (5) Applicability of planning requirements Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. (l) State performance targets If the Secretary determines that a State has not met or made significant progress toward meeting the performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, until the date on which the Secretary determines that the State has met (or has made significant progress towards meeting) the State performance targets, the State shall submit to the Secretary, on a biennial basis, a freight performance improvement plan that includes— (1) an identification of significant freight system trends, needs, and issues within the State; (2) a description of the freight policies and strategies that will guide the freight-related transportation investments of the State; (3) an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating funds to improve those bottlenecks; and (4) a description of the actions the State will undertake to meet the performance targets of the State. (m) Study of multimodal projects Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to Congress— (1) a study of freight projects identified in State freight plans under section 1118 of MAP–21 ( 23 U.S.C. 167 Public Law 112–141 (2) an evaluation of multimodal freight projects included in the State freight plans, or otherwise identified by States, that are unable to be funded under this section due to the limitation under subsection (k)(2). . 1117. State freight advisory committees Section 1117(a) of MAP–21 ( 23 U.S.C. 167 Public Law 112–141 (1) by striking The Secretary shall encourage each State to establish Each State shall establish (2) by striking representatives of all modes of freight transportation active in the State, including airports, highways, rail, 1118. State freight plans Section 1118 of MAP–21 ( 23 U.S.C. 167 Public Law 112–141 (1) in subsection (a) by striking The Secretary shall encourage each State to develop a Each State shall develop a (2) in subsection (b)— (A) in paragraph (5) by striking and (B) in paragraph (6) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (7) consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay; and (8) a freight investment plan that includes a list of priority projects and describes how funds made available under section 167 ; and (3) by striking subsection (c) and inserting the following: (c) Relationship to long-Range plan (1) Incorporation A freight plan described in subsection (a) may be developed separately from or incorporated into the statewide strategic long-range transportation plan required by section 135 of title 23, United States Code. (2) Fiscal constraint The priority freight investment plan component of a freight plan shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan. (d) Planning period The freight plan shall address a 10-year forecast period. (e) Updates (1) In general A State shall update the freight plan not less frequently than once every 5 years. (2) Freight investment plan A State may update the freight investment plan more frequently than required under paragraph (1). . 1119. Projects of national or regional significance (a) In general Chapter 1 171. Projects of national or regional significance (a) Establishment of program The Secretary shall establish a program in accordance with this section to provide grants for projects that will have a significant impact on a region or the Nation. (b) Purpose of program The purpose of the projects of national or regional significance program shall be to assist in funding critical high-cost surface transportation infrastructure projects that are difficult to complete with existing Federal, State, local, and private funds and that will provide 1 or more of the following benefits: (1) Generate national or regional economic benefits and increase the global economic competitiveness of the United States. (2) Reduce congestion and the impacts of congestion. (3) Improve roadways vital to national energy security. (4) Improve the efficiency, reliability, and affordability of the movement of freight. (5) Improve transportation safety. (6) Improve existing and designated future Interstate System routes. (7) Improve the movement of people through improving rural connectivity and metropolitan accessibility. (c) Definitions In this section, the following definitions apply: (1) Eligible applicant The term eligible applicant (A) a State (or a group of States); (B) a local government; (C) a tribal government (or a consortium of tribal governments); (D) a transit agency; (E) a public authority; (F) a port authority; (G) a political subdivision of a State or local government; or (H) a multistate or multijurisdictional group of entities described in subparagraphs (A) through (G). (2) Eligible project The term eligible project (A) is a capital project that is eligible for Federal financial assistance under— (i) this title; or (ii) chapter 53 (B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of— (i) $350,000,000; and (ii) (I) for a project located in a single State, 30 percent of the amount of Federal-aid highway funds apportioned to the State for the most recently completed fiscal year; (II) for a project located in a single rural State with a population density of 50 or fewer persons per square mile based on the most recent decennial census, 15 percent of the amount of Federal-aid highway funds apportioned to the State for the most recently completed fiscal year; or (III) for a project located in more than 1 State, 75 percent of the amount of Federal-aid highway funds apportioned to the participating State that has the largest apportionment for the most recently completed fiscal year. (3) Eligible project costs The term eligible project costs (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements; and (C) the subsidy amount (as defined in section 601(a)) and administrative costs of projects eligible for credit assistance under chapter 6, if the Secretary determines that the unobligated balances of amounts made available to carry out the TIFIA program (as defined in section 601(a)) are insufficient to meet the needs of the TIFIA program for that fiscal year. (4) Rural area The term rural area (5) Rural State The term rural State (d) Solicitations and applications (1) Grant solicitations The Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects for funding under this section. (2) Applications (A) In general An eligible applicant seeking a grant under this section shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines necessary. (B) Contents Each application submitted under this paragraph shall include data on the most recent system performance and estimated system improvements that will result from completion of the eligible project, including projections for improvements 5, 10, and 20 years after completion of the project. (C) Resubmission of applications An eligible applicant whose project is not selected by the Secretary for funding under this section may resubmit an application in a subsequent solicitation. (e) Criteria for project evaluation and selection (1) In general The Secretary may select a project for funding under this section only if the Secretary determines that the project— (A) is consistent with the national goals described in section 150(b); (B) will significantly improve the performance of the national surface transportation network, nationally or regionally; (C) is based on the results of preliminary engineering; (D) is consistent with the long-range statewide transportation plan; (E) cannot be readily and efficiently completed without Federal financial assistance; (F) is justified based on the ability of the project to achieve 1 or more of the following: (i) Generate national economic benefits that reasonably exceed the costs of the project. (ii) Reduce long-term congestion, including impacts on a national, regional, and statewide basis. (iii) Increase the speed, reliability, and accessibility of the movement of people or freight. (iv) Improve transportation safety, including reducing transportation accident and serious injuries and fatalities; and (G) is supported by a sufficient amount of non-Federal funding, including evidence of stable and dependable financing to construct, maintain, and operate the infrastructure facility. (2) Additional considerations In evaluating a project under this section, in addition to the criteria described in paragraph (1), the Secretary shall consider the extent to which the project— (A) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; (B) is able to begin construction within 18 months of being selected; (C) incorporates innovative project delivery and financing where practical; (D) helps maintain or protect the environment; (E) improves roadways vital to national energy security; (F) improves or upgrades designated future Interstate System routes; (G) uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project; and (H) helps to improve mobility and accessibility. (f) Geographic distribution In awarding grants under this section, the Secretary shall take measures to ensure, to the maximum extent practicable— (1) an equitable geographic distribution of amounts; and (2) an appropriate balance in addressing the needs of rural and urban communities. (g) Funding requirements (1) In general The amount of a grant under this section shall not exceed $50,000,000. (2) Rural projects Not less than 20 percent of the amounts made available for a fiscal year under this section shall be for eligible projects located in rural areas or in rural States. (3) Reservation of funds The Secretary shall reserve for projects eligible to receive grant assistance under this title (other than projects otherwise eligible under chapter 53 (4) State cap Not more than 20 percent of the funds made available for a fiscal year to carry out this section may be awarded to projects in a single State. (h) Grant requirements (1) Applicability of planning requirements The programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. (2) Determination of applicable modal requirements If an eligible project that receives a grant under this section has a crossmodal component, the Secretary— (A) shall determine the predominant modal component of the project; and (B) may apply the applicable requirements of that predominant modal component to the project. (i) Report to the secretary For each project funded under this section, the project sponsor shall reassess system performance and submit to the Secretary a report not later than 5, 10, and 20 years after completion of the project to assess whether the project outcomes have met preconstruction projections. (j) Notification and reports (1) Congressional notification, approval, and disclosure (A) Notification At least 30 days before notifying an applicant of selection of a project for funding under this section, the Secretary shall notify, in writing, the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the proposed selection along with a description of the reasons for selecting the project, based on the criteria described in subsection (e). (B) Congressional approval The Secretary may not make any obligation or commitment to fund a project under this section if Congress enacts a joint resolution disapproving funding for the project before the last day of the 30-day period described in subparagraph (A). (C) Public report The Secretary shall make available on the website of the Department at the end of each fiscal year an annual report that lists each project that has received assistance under this section during that fiscal year. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section. (B) Report Not later than 1 year after the initial awarding of funding under this section, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— (i) the process by which each project was selected; (ii) the criteria used for the selection of each project; and (iii) the justification for the selection of each project based on the criteria described in subsection (e). (3) Inspector general (A) Assessment The Inspector General of the Department shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section. (B) Initial report Not later than 2 years after the initial awarding of funding under this section, the Inspector General of the Department shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the initial results of the assessment conducted under subparagraph (A). (C) Final report Not later than 4 years after the initial awarding of funding under this section, the Inspector General of the Department shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department with respect to the assessment conducted under subparagraph (A). . (b) Conforming amendment The analysis for chapter 1 171. Projects of national or regional significance. 1120. Transportation alternatives Section 213 (1) in subsection (a)(1) by striking of fiscal years 2013 and 2014 fiscal year (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A) by striking 50 66.67 (ii) in subparagraph (B)— (I) by striking 50 33.33 (II) by inserting to any eligible entity obligated (B) in paragraph (4)(B)— (i) in clause (vi) by striking and (ii) by redesignating clause (vii) as clause (viii); and (iii) by inserting after clause (vi) the following: (vii) a nonprofit entity responsible for the administration of local transportation safety programs; and ; and (3) by adding at the end the following: (h) Annual reports Each State or metropolitan planning organization responsible for carrying out the requirements under this section shall submit to the Secretary an annual report describing— (1) the number of project applications received for each fiscal year, including— (A) the estimated cost of each project for which an application is received; (B) the aggregate value of the projects for which applications are received; (C) for each project, the proposed cost share of the project sponsor; and (D) for each project, identification of the type of project to be carried out, as described in subsection (b); and (2) the number of projects selected for funding for each fiscal year, including— (A) the cost of each selected project; (B) the cost share for each selected project; (C) the type of each selected project, as described in subsection (b); and (D) the aggregate value of projects selected. (i) Expediting infrastructure projects (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop regulations or guidance relating to the implementation of this section that encourages the use of the programmatic approaches to environmental reviews, expedited procurement techniques, and other best practices to facilitate productive and timely expenditure for projects that are small, low-impact, and constructed within an existing built environment. (2) State processes The Secretary shall work with State departments of transportation to ensure that any regulation or guidance developed under paragraph (1) is consistently implemented by States and the Federal Highway Administration to avoid unnecessary delays in implementing projects and to ensure the effective use of Federal dollars. . 1121. Assessing policy and system financing alternatives Section 503(b) (9) Assessing policy and system financing alternatives (A) In general The Secretary shall carry out a research and innovation program to explore alternative transportation revenue mechanisms that preserve a user fee structure to maintain the long-term solvency of the Highway Trust Fund. (B) Objectives In carrying out this paragraph, the Secretary shall carry out research and development activities— (i) to direct a coordinated research and development program to study remaining uncertainties relating to the design, acceptance, and implementation of 3 or more future sustainable alternative transportation revenue mechanisms; (ii) to define the functionality of 3 or more user-based alternative revenue mechanisms; (iii) to conduct or promote research activities to demonstrate and test such user-based alternative revenue mechanisms, including field trials, by partnering with individual States, groups of States, or other appropriate entities to conduct such research; (iv) to conduct outreach to increase public awareness regarding the need for alternative funding sources for surface transportation programs and provide information on possible approaches; (v) to provide recommendations regarding adoption and implementation of such user-based alternative revenue mechanisms; and (vi) to reduce the administrative cost of any potential alternative revenue mechanisms. (C) Contents Research and technology activities carried out under this paragraph may include partnering with and providing grant funding to individual States, groups of States, or other appropriate entities to conduct research that addresses— (i) the implementation, interoperability, public acceptance, and other potential hurdles to the adoption of an alternative revenue mechanism; (ii) the protection of personal privacy; (iii) the utilization of independent and private third-party vendors to collect fees and operate the alternative revenue mechanism; (iv) equity concerns, including the impacts of the alternative revenue mechanism on differing income groups, various geographic areas, and the relative burdens on rural and urban drivers; (v) ease of compliance for different users of the transportation system; (vi) the reliability of technology used to implement the alternative revenue mechanism; (vii) the flexibility and choices with alternative revenue mechanisms, including the ability of users to select from various technology and payment options; (viii) the cost of administering the alternative revenue mechanism; and (ix) the ability of the administering entity to audit and enforce user compliance. (D) Advisory council (i) In general Not later than 1 year after the date of enactment of this paragraph, the Secretary, in consultation with the Secretary of the Treasury, shall establish and lead a Surface Transportation Revenue Alternatives Advisory Council (hereinafter referred to as the Council (ii) Membership (I) In general The members of the Council shall— (aa) be appointed by the Secretary; and (bb) include, at a minimum— (AA) representation with experience in alternative revenue mechanisms from the Department of Transportation, the Department of the Treasury, and not less than 2 State departments of transportation; (BB) representation from applicable users of the surface transportation system; and (CC) are appropriate technology and public privacy experts. (II) Geographic considerations The Secretary shall consider geographic diversity when selecting members under this clause. (iii) Functions Not later than 1 year after the date on which the Council is established, the Council shall, at a minimum— (I) define the functionality of 3 or more alternative revenue mechanisms; (II) identify technological, administrative, institutional, privacy, and other issues that are— (aa) associated with the alternative revenue mechanisms; and (bb) may be researched through research activities; (III) conduct public outreach to identify and assess questions and concerns about the alternative revenue mechanisms for future evaluation through research activities; (IV) provide recommendations to the Secretary on the process and criteria used for selecting research activities under subparagraph (C); and (V) conduct periodic evaluations of the research activities that have received assistance under this paragraph from the Secretary. (E) Biennial reports Not later than 2 years after the date of enactment of this paragraph, and every 2 years thereafter until the completion of the research activities, the Secretary shall submit to the Secretary of the Treasury, the Committee on Finance and the Committee on Environment and Public Works of the Senate, and the Committee on Ways and Means and the Committee on Transportation and Infrastructure of the House of Representatives a report with findings on the progress of the research activities. (F) Final report On the completion of the research activities, the Secretary and the Secretary of the Treasury shall submit to the Committee on Finance and the Committee on Environment and Public Works of the Senate and the Committee on Ways and Means and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the findings and any recommendations. (G) Funding (i) In general Of the amounts made available for administrative expenses under section 104(a), not less than 4 percent shall be used to carry out this paragraph. (ii) User-based alternative revenue mechanisms Of the amounts made available to carry out this paragraph, not more than 40 percent shall be used to carry out 1 of the user-based alternative revenue mechanisms. . 1122. Consolidation of programs Section 1519(a) of MAP–21 ( Public Law 112–141 fiscal years 2013 and 2014 fiscal years 2013 through 2020 1123. State flexibility for national highway system modifications (a) National highway system flexibility Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance relating to working with State departments of transportation that request assistance from the division offices of the Federal Highway Administration— (1) to review roads classified as principal arterials within the State that were added to the National Highway System as of October 1, 2012, in order to comply with section 103 (2) to identify any functional classification changes needed to rural and urban principal arterials. (b) Administrative actions The Secretary shall direct each division office of the Federal Highway Administration to work with the applicable State departments of transportation that have requested assistance under this section— (1) to assist in the review of roads pursuant to the guidance issued under subsection (a); (2) to expeditiously review and facilitate requests from States to reclassify roads classified as principal arterials; and (3) to work with States that request that certain roads be withdrawn from the National Highway System in a manner consistent with section 103(b)(3)(B) (c) NHS modification regulations The Secretary shall— (1) review the National Highway System modification process described in appendix D of part 470 of title 23, Code of Federal Regulations (or successor regulations); and (2) take any actions necessary to ensure that a process exists for a State to submit a request to the Secretary to modify the National Highway System by withdrawing a road from the National Highway System. (d) Report to congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes a description of— (1) each request for reclassification of National Highway System roads; (2) the status of each request; and (3) if applicable, the justification for the denial of the request by the Secretary. (e) Modifications to NHS Section 103(b)(3)(A) (1) in the matter preceding clause (i) by inserting or the withdrawal of a road from that system intermodal terminal (2) in clause (ii)— (A) by striking (ii) enhances (ii)(I) enhances (B) by striking period at the end and inserting ; or (C) by adding at the end the following: (II) in the case of the withdrawal of a road, is reasonable and appropriate. . 1124. Department of Transportation performance measures (a) Performance measures Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with other Federal agencies with responsibility for the review and approval of projects funded under title 23, United States Code, shall establish a program to measure and report on— (1) the progress made toward aligning Federal reviews of projects funded under title 23, United States Code, and the improvement of project delivery associated with those projects; and (2) as applicable, the effectiveness of the Department in achieving the goals described in section 150(b) of title 23, United States Code, through discretionary programs. (b) Report Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the outcome of the evaluation under subsection (a). (c) Inspector General report Not later than 3 years after the date of enactment of this Act, the Inspector General of the Department of Transportation shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the outcome of the evaluation under subsection (a). 1125. American transportation awards (a) Definitions In this section, the following definitions apply: (1) Eligible entity The term eligible entity (A) a State; (B) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (C) a metropolitan planning organization. (2) State The term State (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (b) Establishment of program The Secretary shall establish a competitive grant program to support best practices that promote progress, innovation, and efficiency for surface transportation programs within State departments of transportation and metropolitan planning organizations. (c) Purpose of program The purpose of the program shall be to reward entities for the implementation of policies and procedures that— (1) support a performance-based transportation program; (2) improve efficiency of and reduce the cost and time to construct surface transportation projects; (3) enhance connectivity and accessibility to move people and goods; and (4) adopt practices that improve the safety of and extend the service life of highways and bridges. (d) Application (1) In general An eligible entity may submit to the Secretary an application for a grant under this section. (2) Contents The application— (A) shall indicate how the eligible entity has achieved 1 or more of the purposes listed in subsection (c); and (B) may include information regarding how the eligible entity has adopted or implemented 1 or more best practices that meet those purposes, including by— (i) demonstrating fiscal responsibility by delivering Federal highway projects under budget or ahead of schedule; (ii) establishing and making strong progress towards achieving performance targets pursuant to section 150(d) of title 23, United States Code; (iii) utilizing innovative management techniques and practices that enhance the effective movement of people, goods, and services; (iv) increasing transportation efficiency; (v) improving safety, accessibility, and aiding traffic management; (vi) extending the service life of highways and bridges; (vii) integrating transportation investment decisions with a planning process that takes into account economic development; (viii) adopting laws, policies, rules, and regulations or committing resources for practices that have been demonstrated to reduce transportation-related fatalities and injuries; (ix) reducing project delivery times; and (x) delivering transportation projects that improve accessibility while providing effective and efficient transportation options, as appropriate for the community. (e) Evaluation criteria In awarding a grant under this section, the Secretary shall consider the extent to which the application— (1) demonstrates performance in implementing the best practices listed in subsection (d)(2)(B); (2) promotes the national goals described in section 150(b) (3) highlights how the eligible entity has efficiently utilized Federal transportation funding to maintain and improve Federal highways within the respective jurisdiction of the eligible entity. (f) Eligible activities Amounts made available to carry out this section shall be used for capital or planning expenses for projects eligible for funding under title 23, United States Code, or chapter 53 of title 49, United States Code. (g) Limitation The amount of a grant under this section shall be not more than $10,000,000. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $125,000,000 for each of fiscal years 2016 through 2020, to remain available until expended. (i) Applicability of requirements Amounts made available under this section shall be administered as if such funds were apportioned under chapter 1 B Highway Trust Fund Transparency and Accountability 1201. Highway Trust Fund transparency and accountability (a) In general Section 104 (g) Highway trust fund transparency and accountability (1) Data collection Not later than 180 days after the end of each fiscal year, the Secretary shall compile and make available in a user-friendly manner on the public website of the Department of Transportation data on the amounts made available under this title for that fiscal year. (2) Requirements In carrying out paragraph (1), the Secretary shall ensure that the data made available on the public website of the Department of Transportation— (A) is updated regularly to reflect the most recent status of obligations, expenditures, and Federal-aid projects, to the maximum extent practicable; (B) can be searched and downloaded by users of the website; (C) is organized by State and, to the maximum extent practicable, project; (D) categorizes the project as— (i) a pavement widening project; (ii) a pavement improvement project; (iii) a new road construction project; (iv) a new bridge construction project; (v) a bridge improvement project; or (vi) a bridge replacement project; (E) identifies the location of project, including whether the project is located in an urbanized or rural area; (F) identifies the 1 or more programs from which the amounts were obligated; and (G) includes comprehensive data, organized by fiscal year, that includes— (i) the total amount obligated, organized by State, during the preceding fiscal year; (ii) the balance, as of September 30 of the preceding fiscal year, of the unobligated apportionment under this section, organized by State and fiscal year; (iii) the balance of the unobligated amounts available for expenditure at the discretion of the Secretary under this chapter for the fiscal year; (iv) the amount obligated for each Federal-aid highway program during the preceding fiscal year; (v) the percentage of the total amount of obligations for the preceding fiscal year under each Federal-aid highway program that is from the Highway Trust Fund; (vi) the percentage of the total amount of obligations for the preceding fiscal year made from the Highway Account of the Highway Trust Fund used for construction and rehabilitation; (vii) the rate of obligation of the amounts apportioned or set aside under this section, organized by— (I) program; (II) funding category or subcategory; (III) type of improvement; (IV) State; and (V) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area; and (viii) the average cost and time associated with preparing the environmental review documents required for projects that received funding from the Highway Account of the Highway Trust Fund during the preceding fiscal year that require— (I) a categorical exclusion; (II) an environmental assessment; or (III) an environmental impact statement. . (b) Conforming amendment Section 1503 of MAP–21 ( 23 U.S.C. 104 Public Law 112–141 1202. Report on Highway Trust Fund administrative expenditures (a) Initial report Not later than 150 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the administrative expenses of the Federal Highway Administration funded from the Highway Trust Fund during the 3 most recently completed fiscal years. (b) Updates Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that updates the information provided in the report under that subsection for the applicable 5-year period. (c) Inclusions A report submitted under subsection (a) or (b) shall include a description of— (1) the types of administrative expenses in programs and offices funded by the Highway Trust Fund; (2) how administrative expenses are tracked and monitored; (3) what controls are in place to ensure that funding for administrative expenses are being used as efficiently as practicable; and (4) what flexibility the Department of Transportation has to reallocate amounts from the Highway Trust Fund between full-time equivalent employees and other functions. C Acceleration of project delivery 1301. Categorical exclusion for projects of limited Federal assistance Section 1317(1) of MAP–21 ( 23 U.S.C. 109 Public Law 112–141 (1) in subparagraph (A) by inserting (as adjusted each fiscal year to reflect changes for the 12-month period ending the preceding November 30 in the National Highway Construction Cost Index) $5,000,000 (2) in subparagraph (B) by inserting (as adjusted each fiscal year to reflect changes for the 12-month period ending the preceding November 30 in the National Highway Construction Cost Index) $30,000,000 1302. Programmatic agreement template Section 1318 of MAP–21 ( 23 U.S.C. 109 Public Law 112–141 (e) Programmatic agreement template (1) In general The Secretary shall develop a template programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) (2) Use of template The Secretary— (A) on receipt of a request from the Governor of a State, shall use the template programmatic agreement developed under paragraph (1) in carrying out this section; and (B) on consent of the applicable State, may modify the template as necessary to address the unique needs and characteristics of the State. (3) Outcome measurements The Secretary shall establish a method to verify that actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection), are evaluated and documented in a consistent manner by the Governor of any State that uses the template programmatic agreement under this subsection. . 1303. Satisfaction of requirements for certain historic sites (a) Title 23 amendment Section 138 (c) Satisfaction of requirements for certain historic sites (1) In general The Secretary shall— (A) align, to the maximum extent practicable, the requirements of this section with the requirements of— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. (ii) section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f (B) coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of the provisions of law (including regulations) referred to in subparagraph (A) by not later than 90 days after the date of enactment of this subsection. (2) Avoidance alternative analysis (A) In general If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. (i) include that determination in the analysis; (ii) provide a notice of the determination to— (I) each applicable State historic preservation officer and tribal historic preservation officer; (II) the Executive Director of the Advisory Council on Historic Preservation (if the Council is participating in a relevant consultation process under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f (III) the Secretary of the Interior; and (iii) request from each individual described in clause (ii) a concurrence that the determination is sufficient to satisfy the requirement of subsection (a)(1). (B) Action on concurrence If each individual described in subparagraph (A)(ii) provides a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required. (C) Publication A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall be— (i) included in the record of decision or finding of no significant impact of the Secretary; and (ii) posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii). (3) Aligning historical reviews (A) In general If the Secretary and the individuals described in paragraph (2)(A)(ii) concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to each individual described in paragraph (2)(A)(ii) a notice of the intent of the Secretary to satisfy the requirements of subsection (a)(2) through the consultation requirements of section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f (B) Satisfaction of conditions To satisfy the requirements of subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 106 of the National Historic Preservation Act (16 U.S.C. 470f). . (b) Title 49 amendment Section 303 (1) in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) subsections (d) and (e) (2) by adding at the end the following: (e) Satisfaction of requirements for certain historic sites (1) In general The Secretary shall— (A) align, to the maximum extent practicable, the requirements of this section with the requirements of— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. (ii) section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f (B) coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of the provisions of law (including regulations) referred to in subparagraph (A) by not later than 90 days after the date of enactment of this subsection. (2) Avoidance alternative analysis (A) In general If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. (i) include that determination in the analysis; (ii) provide a notice of the determination to— (I) each applicable State historic preservation officer and tribal historic preservation officer; (II) the Executive Director of the Advisory Council on Historic Preservation (if the Council is participating in a relevant consultation process under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f (III) the Secretary of the Interior; and (iii) request from each individual described in clause (ii) a concurrence that the determination is sufficient to satisfy the requirement of subsection (c)(1). (B) Action on concurrence If each individual described in subparagraph (A)(ii) provides a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (c)(1) shall be required. (C) Publication A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall be— (i) included in the record of decision or finding of no significant impact of the Secretary; and (ii) posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii). (3) Aligning historical reviews (A) In general If the Secretary and the individuals described in paragraph (2)(A)(ii) concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to each individual described in paragraph (2)(A)(ii) a notice of the intent of the Secretary to satisfy the requirements of subsection (c)(2) through the consultation requirements of section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f (B) Satisfaction of conditions To satisfy the requirements of subsection (c)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 106 of the National Historic Preservation Act (16 U.S.C. 470f). . 1304. Initiation of environmental review process and elimination of duplicative reviews Section 139 (1) in subsection (e)— (A) in paragraph (1), by inserting (including any additional information that the project sponsor considers to be important to initiate the process for the proposed project) location of the proposed project (B) by adding at the end the following: (3) Review of application Not later than 45 days after the date on which an application is received by the Secretary under this subsection, the Secretary shall provide to the project sponsor a written response that, as applicable— (A) describes the determination of the Secretary— (i) to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or (ii) to decline the application, including an explanation of the reasons for that decision; or (B) requests additional information regarding, and provides to the project sponsor an accounting, regarding what is necessary to initiate the environmental review process. ; and (2) in subsection (f)(4), by adding at the end the following: (E) Reduction of duplication (i) In general In carrying out this paragraph, the head of a Federal agency shall reduce duplication, to the maximum extent practicable, between— (I) the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (II) the evaluation of alternatives in the metropolitan transportation planning process or by a State transportation department or local transportation agency pursuant to State law relating to the environmental review process. (ii) Consideration of alternatives The head of a Federal agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the head of the Federal agency— (I) the Federal lead agency provided to the State transportation department or local transportation agency guidance regarding analysis of alternatives during the metropolitan transportation planning process, including guidance on the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other requirements of Federal law necessary for approval of the project; (II) the applicable metropolitan planning process or State or local transportation agency environmental review process included an opportunity for public review and comment; (III) the State transportation department or local transportation agency rejected the alternative after considering public comments; (IV) the Federal lead agency independently reviewed the alternative evaluation approved by the State transportation department or local transportation agency; and (V) the Federal lead agency, in consultation with any Federal agency with jurisdiction over a permit or approval required for a project, has determined that the alternative to be eliminated from consideration is not necessary for— (aa) compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (bb) any permit or approval under any other Federal law. . 1305. Accelerated decisionmaking in environmental reviews (a) In general Section 139 (n) Accelerated decisionmaking in environmental reviews (1) In general In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (A) cite the sources, authorities, or reasons that support the position of the lead agency; and (B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response. (2) Incorporation To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless— (A) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or (B) there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action. . (b) Repeal Section 1319 of MAP–21 ( 42 U.S.C. 4332a 1306. Integration of planning and environmental review Section 168 (1) in subsection (c)(1)— (A) by redesignating subparagraphs (C) through (E) as subparagraphs (E) through (G), respectively; (B) in subparagraph (B), by inserting general travel corridor or modal choice (C) by inserting after subparagraph (B) the following: (C) the purpose and the need for the proposed action; (D) preliminary screening of alternatives and elimination of unreasonable alternatives; ; and (2) in subsection (d)— (A) in paragraph (9), by inserting and is incorporated in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 MAP–21 Reauthorization Act (B) by adding at the end the following: (11) The planning product is sufficient to meet the requirements for a permit or approval under applicable Federal law. . 1307. Use of programmatic agreement Section 169(f) (1) by striking may use shall give substantial weight to (2) by inserting or other Federal environmental law 1308. Technical assistance for States Section 326 (1) in subsection (c)— (A) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (B) by inserting after paragraph (1) the following: (2) Assistance to States On request of a Governor of a State, the Secretary shall provide to the State technical assistance, training, or other support relating to— (A) assuming responsibility under subsection (a); (B) developing a memorandum of understanding under this subsection; or (C) addressing a responsibility in need of corrective action under subsection (d)(1)(B). ; and (2) in subsection (d) by striking paragraph (1) and inserting the following: (1) Termination by Secretary The Secretary may terminate the participation of any State in the program if— (A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; (B) the Secretary provides to the State— (i) a notification of the determination of noncompliance; (ii) a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and (iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and (C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary. . 1309. Improvement of application of categorical exclusions for multimodal projects Section 304 (1) Subsection (a)(1) is amended— (A) by striking operating authority operating administration or secretarial office (B) by inserting has expertise but is not the lead (C) by inserting proposed multimodal project (2) Subsection (a)(2) is amended to read as follows: (2) Lead authority The term lead authority . (3) Subsection (a)(3) is amended by striking has the meaning given the term in section 139(a) means an action by the Department of Transportation that involves expertise of one or more Department of Transportation operating administrations or secretarial office (4) Subsection (b) is amended by striking under this title by the Secretary (5) Subsection (c) is amended— (A) by striking a categorical exclusion designated under the implementing regulations or categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing (B) by striking other components of the a proposed multimodal (C) by amending paragraphs (1) and (2) to read as follows: (1) the lead authority makes a preliminary determination on the applicability of a categorical exclusion to a proposed multimodal project and notifies the cooperating authority of its intent to apply the cooperating authority categorical exclusion; (2) the cooperating authority does not object to the lead authority’s preliminary determination of its applicability; ; (D) by amending paragraph (3) by inserting the lead authority determines that proposed multimodal project to be covered (E) by amending paragraph (4) to read as follows: (4) the lead authority, with the concurrence of the cooperative authority— (A) follows implementing regulations or procedures under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) determines that the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and (C) determines that extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. . (6) Subsection (d) is amended to read as follows: (d) Cooperative authority expertise A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise. . II Transportation Infrastructure Finance and Innovation Act of 1998 Amendments 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments (a) Definitions Section 601(a) (1) by striking paragraph (10) and inserting the following: (10) Master credit agreement The term master credit agreement (A) make contingent commitments of 1 or more secured loans or other Federal credit instruments at future dates, subject to— (i) the availability of future funds being made available to carry out this chapter; and (ii) the satisfaction of all of the conditions for the provision of credit assistance under this chapter, including section 603(b)(1); (B) establish the maximum amounts and general terms and conditions of the secured loans or other Federal credit instruments; (C) identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured loans or secured Federal credit instruments; (D) provide for the obligation of funds for the secured loans or secured Federal credit instruments after all requirements have been met for the projects subject to the master credit agreement, including— (i) completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) compliance with such other requirements as are specified in this chapter, including sections 602(c) and 603(b)(1); and (iii) the availability of funds to carry out this chapter; and (E) require that contingent commitments result in a financial close and obligation of credit assistance not later than 3 years after the date of entry into the master credit agreement, or release of the commitment, unless otherwise extended by the Secretary. ; (2) in paragraph (12)— (A) in subparagraph (C) by striking and (B) in subparagraph (D)(iv) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (E) a project to improve or construct public infrastructure that is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including transportation, public utility, and capital projects described in section 5302(3)(G)(v) of title 49, and related infrastructure; and (F) a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that— (i) has been approved by the Secretary of the Interior pursuant to section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 (ii) in the judgment of the Secretary, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under this chapter. ; and (3) by striking paragraph (15) and inserting the following: (15) Rural infrastructure project The term rural infrastructure project . (b) Eligible project costs Section 602(a)(5)(B) (1) by striking (B) Intelligent transportation system projects (B) Exceptions (i) Intelligent transportation systems In the case ; and (2) by adding at the end the following: (ii) Transit-oriented development projects In the case of a project described in section 601(a)(12)(E), eligible project costs shall be reasonably anticipated to be equal to or exceed $10,000,000. . (c) Master credit agreements Section 602(b) (2) Master credit agreements (A) Program of related projects The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary. (B) Adequate funding not available If the Secretary fully obligates funding to eligible projects in a fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year during which additional funds are available to receive credit assistance. . (d) Program administration Section 605 (f) Assistance to small projects The Secretary shall use not less than $2,000,000 of administrative funding per year in lieu of fees collected under subsection (b) for projects under this chapter with a total project cost of less than $75,000,000. . (e) Funding Section 608(a)(6) 0.50 0.75 2002. State infrastructure banks Section 610 (1) in subsection (d)— (A) in paragraph (1) by striking subparagraph (A) and inserting the following: (A) 10 percent of the funds apportioned to the State for each of fiscal years 2015 through 2020 under each of sections 104(b)(1), 104(b)(2), and 104(b)(6); and ; (B) in paragraph (2) by striking 2005 through 2009 2015 through 2020 (C) in paragraph (3), by striking 2005 through 2009 2015 through 2020 (D) in paragraph (5), by striking section 133(d)(3) section 133(d)(1) (2) in subsection (k), by striking 2005 through 2009 2015 through 2020 2003. TIFIA loans for State infrastructure banks (a) TIFIA loans Chapter 6 611. TIFIA loans for State infrastructure banks (a) Definitions In this section, the following definitions apply: (1) Letter of interest The term letter of interest (A) outlines the proposed financial plan, including the requested credit assistance; and (B) provides information regarding satisfaction of other eligibility requirements of the TIFIA program. (2) Limited buydown The term limited buydown (A) the date on which an application acceptable to the Secretary is submitted; and (B) the date on which the Secretary executes the secured loan. (3) Obligor The term obligor (4) Secured loan The term secured loan (5) Senior obligation Except as provided in subsection (i), the term senior obligation (6) State infrastructure bank obligation The term State infrastructure bank obligation (7) Subsidy amount The term subsidy amount (A) calculated on a net present value basis; and (B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (b) Establishment The Secretary may set aside up to 10 percent of the funds made available to carry out the TIFIA program under this chapter (excluding the amount set aside under section 608(a)(3)) to provide credit assistance for the capitalization of, or deposit into, a State infrastructure bank established under section 610. (c) Eligibility (1) Letter of interest To apply for credit assistance under this section, a State infrastructure bank shall submit a letter of interest prior to submission of a formal application for a secured loan. (2) Creditworthiness (A) In general To be eligible for a secured loan under this section, a State infrastructure bank shall satisfy applicable creditworthiness standards, which, at a minimum, shall include— (i) adequate coverage requirements to ensure repayment; (ii) an investment grade rating from at least 2 rating agencies on debt senior to the secured loan; and (iii) a rating from at least 2 rating agencies on the secured loan, subject to the condition that, with respect to clause (ii), if the total amount of the senior debt and the secured loan is less than $75,000,000, 1 rating agency opinion for each of the senior debt and secured loan shall be sufficient. (B) Senior debt Notwithstanding subparagraph (A), in a case in which the secured loan is the senior debt of the State infrastructure bank— (i) if the secured loan is for an amount that equals or exceeds $75,000,000, the secured loan shall be required to receive an investment grade rating from at least 2 rating agencies; and (ii) if the secured loan is for an amount less than $75,000,000, the secured loan shall be required to receive an investment grade rating from at least 1 rating agency. (3) Dedicated revenue sources The secured loan shall be repayable from pledged revenues not affected by the performance of any loans made by the State infrastructure bank receiving the Federal credit assistance, such as a tax-backed revenue pledge. (d) Preliminary rating opinion letter After the submission of a letter of interest and prior to the submission of an application, upon request of the Secretary, each State infrastructure bank seeking a secured loan under this section shall provide a preliminary rating opinion letter from at least 1 rating agency— (1) indicating that the senior debt of the State infrastructure bank, which may be the secured loan, has the potential to achieve an investment-grade rating; and (2) including a preliminary rating opinion on the secured loan. (e) Application process (1) In general The Secretary shall establish a rolling application process to carry out this section. (2) Submission A State infrastructure bank seeking a secured loan under this section shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. (f) Application processing procedures (1) Notice of complete application Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice informing the applicant whether— (A) the application is complete; or (B) additional information or materials are needed to complete the application. (2) Approval or denial of application Not later than 60 days after the date of issuance of the written notice under paragraph (1), the Secretary shall provide to the State infrastructure bank a written notice informing the applicant whether the Secretary has approved or disapproved the application. (g) Agreements (1) Risk assessment Before entering into an agreement under this section, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each preliminary rating opinion letter received under subsection (d). (2) Secured loans Credit assistance provided under this section shall be provided through an agreement entered into between the Secretary and a State infrastructure bank for a secured loan, the proceeds of which shall be used for the capitalization of, or deposit into, the TIFIA account of a State infrastructure bank established under section 610. (3) Terms and limitations (A) In general A secured loan under this section shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. (B) Interest rate Except as provided in subparagraph (C), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the secured loan agreement. (C) Limited buydowns (i) In general Subject to clause (ii), an obligor shall be entitled to buy down the interest rate of a secured loan under this section through a limited buydown. (ii) Limitation A limited buydown may not lower the interest rate of a secured loan by more than the lesser of— (I) 1 ½ (II) the amount of the increase in the interest rate. (4) Maturity date The final maturity date of a secured loan under this section shall not be later than 35 years after the date on which the Secretary executes the secured loan. (h) Use of secured loans (1) In general For each fiscal year, credit assistance provided to an obligor under this section shall be in an amount that is not less than $25,000,000, but not more than $100,000,000. (2) Use of funds Subject to subparagraph (B), a State infrastructure bank receiving credit assistance under this section shall— (A) deposit those amounts into the TIFIA account of the State infrastructure bank; and (B) use such credit assistance for projects eligible under section 610. (i) Nonsubordination (1) In general Except as provided in paragraph (2), the secured loan shall not be subordinated to the claims of any holder of senior obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (2) Preexisting indenture (A) In general Subject to subparagraph (B), the Secretary shall waive the requirement under paragraph (1) for a State infrastructure bank that has outstanding senior obligations under a preexisting indenture if the secured loan is rated in the A category or higher. (B) Restriction If the Secretary waives the nonsubordination requirement under this paragraph— (i) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (ii) the obligor shall be responsible for paying the remainder of the subsidy cost, if any. (j) Fees The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (k) Repayment (1) Schedule The Secretary shall establish a repayment schedule for each secured loan under this section based on the projected cash flow from the dedicated repayment sources. (2) Commencement Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date on which the Secretary executes the secured loan. (3) Deferred payments (A) In general If, at any time after the date on which the Secretary executed the secured loan, the revenues pledged to pay the scheduled loan repayments of principal and interest on the secured loan are not sufficient to make such payments, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest in accordance with subsection (g)(3)(B) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the obligor meeting criteria established by the Secretary. (ii) Repayment standards The criteria established pursuant to clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the State infrastructure bank obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing State infrastructure bank obligations may be applied annually to prepay the secured loan without penalty. (B) Use of proceeds of refinancing The secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (l) Sale of secured loans (1) In general Subject to paragraph (2), the Secretary may sell to another entity or reoffer into the capital markets a secured loan if the Secretary determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. . (b) Conforming amendments Section 610 (1) in subsection (d)— (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (B) by inserting after paragraph (3) the following: (4) TIFIA account (A) In general Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the TIFIA account of the bank funds received under section 611. (B) Treatment of account Federal funds deposited into the TIFIA account shall constitute a capitalization secured loan for the TIFIA account of the State infrastructure bank. (C) Limitation Amounts in the TIFIA account shall be used only to carry out projects eligible for assistance under chapter 1 chapter 53 ; and (2) in subsection (f), by inserting , except that funds in the TIFIA account of a State infrastructure bank established under this section may be used only for projects with reasonably anticipated eligible project costs of not less than $5,000,000 but not more than $50,000,000 (c) Conforming amendment The analysis for chapter 6 611. TIFIA loans for State infrastructure banks. . III Technical Corrections to MAP–21 3001. Technical corrections (a) Section 101(a)(29) (1) in subparagraph (B) by inserting a comma after disabilities (2) in subparagraph (F)(i) by striking 133(b)(11) 133(b)(14) (b) Section 119 (1) in subsection (d)(1)(A) by striking mobility, congestion reduction, system reliability, (2) in subsection (e)(7)— (A) by striking this paragraph section 150(e) (B) by inserting under that section next report submitted (c) Section 120 (1) in subsection (c)(3)— (A) in subparagraph (A) by striking paragraph (1), (2), or (5) paragraph (1) or (2) (B) in subparagraph (C)(i) by striking paragraphs (1), (2), and (5) paragraphs (1) and (2) (2) in subsection (e)(2) by striking Federal land access transportation facilities other federally owned roads that are open to public travel (d) Section 126(b)(1) 133(d) 133(d)(1)(A) (e) Section 127(a)(3) 118(b)(2) 118(b) (f) Section 129(a)(5)(B) the Federal-aid system Federal-aid highways (g) Section 133 (1) in subsection (d)— (A) in paragraph (1)(A)(ii) by striking greater than 5,000 of 5,000 or more (B) in paragraph (3)— (i) by striking paragraph (1)(A)(ii) paragraph (1)(A)(iii) (ii) by striking greater than 5,000 and less than 200,000 of 5,000 to 200,000 (2) in subsection (f)(1) by striking 104(b)(3) 104(b)(2) (3) in subsection (g)(2)(A) by striking subsection (d) subsection (d)(1)(A) (4) in subsection (h)(1) by striking subsection (d)(1)(A)(iii) subsection (d)(1)(A)(ii) (h) Section 134 (1) in subsection (i)(8) by striking (2)(C) (2)(E) (2) in subsection (l)— (A) in paragraph (1) by inserting a period at the end; and (B) in paragraph (2)(D) by striking of less than 200,000 with a population of 200,000 or less (3) in subsection (n)(1) by striking chapter 53 of title, chapter 53 of title 49, (4) in subsection (p) by striking set aside under section 104(f) apportioned under section 104(b)(5) (i) Section 144 (1) in subsection (c)(2)(A) by striking the natural condition of the bridge their natural condition (2) in subsection (k)(2) (as redesignated by section 1108(a)(1)) by striking 104(b)(3) 104(b)(2) (j) Section 148 (1) in subsection (a)(4)(B)(xx) by striking for safety purposes (2) in subsection (i) in the matter preceding paragraph (1) by striking performance targets safety performance targets (k) Section 149 (1) in subsection (d)(2)— (A) in subparagraph (A)(i) by striking (excluding the amount of funds reserved under paragraph (l)) (B) in subparagraph (B)(i) by striking MAP–21t MAP–21 (2) in subsection (g)(2)(B) by striking later that later than (3) in subsection (l)(1)(B) by inserting air quality and traffic congestion performance targets (4) in subsection (m) by striking 104(b)(2) 104(b)(4) (l) Section 150(c)(3)(B) (m) Section 153(h)(2) paragraphs (1) through (3) paragraphs (1), (2), and (4) (n) Section 163(f)(2) 118(b)(2) 118(b) (o) Section 202(b)(3) (1) in subparagraph (A)(i) by inserting (a)(6), subsections (2) in subparagraph (C)(ii)(IV) by striking (III).] (III). (p) Section 203(b)(1) 2011 2012 (q) Section 213 (1) in subsection (c)(1)(A)(ii) by striking greater than 5,000 of 5,000 or more (2) in subsection (e) by striking this chapter chapter 1 (r) Section 217(a) 104(b)(3) 104(b)(4) (s) Section 504(a)(4) 104(b)(3) 104(b)(2) (t) Section 515 this chapter sections 512 through 518 (u) Section 518(a) a report House of Representatives (v) Section 608(a)(2) of 504(f) (w) Section 6302(b)(3)(B)(vi)(III) 6310 6309 (x) Section 1102 of MAP–21 ( 23 U.S.C. 104 (1) in subsection (b)(10) by striking 2011 2012 (2) in subsection (c)(5) by striking section 204 sections 202 and 204 (y) Section 1301(l)(3) of SAFETEA–LU ( 23 U.S.C. 101 (1) in subparagraph (A)(i) by striking complied compiled (2) in subparagraph (B) by striking paragraph (1) subparagraph (A) (z) Section 51001(a)(1) of the Transportation Research and Innovative Technology Act of 2012 (126 Stat. 864) is amended by striking sections 503(b), 503(d), and 509 section 503(b)

MAP-21 Reauthorization Act

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Gold Star Fathers Act of 2014 - Includes as a preference eligible for federal employment purposes a parent (currently, the mother only) of either an individual who lost his or her life under honorable conditions while serving in the Armed Forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955, or a service-connected permanently and totally disabled veteran, if: (1) the spouse of such parent is totally and permanently disabled; or (2) such parent, when preference is claimed, is unmarried or legally separated from his or her spouse.

To amend chapter 21 1. Short title This Act may be cited as the Gold Star Fathers Act of 2014 2. Preference eligible treatment for fathers of certain permanently disabled or deceased veterans Section 2108(3) (F) the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if— (i) the spouse of that parent is totally and permanently disabled; or (ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; (G) the parent of a service-connected permanently and totally disabled veteran, if— (i) the spouse of that parent is totally and permanently disabled; or (ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and . 3. Effective date The amendment made by this Act shall take effect 90 days after the date of enactment of this Act. August 26, 2014 Reported without amendment

Gold Star Fathers Act of 2014

Safe and Secure Decommissioning Act of 2014 - Amends the Atomic Energy Act of 1954 to prohibit the Nuclear Regulatory Commission (NRC) from approving the request of a licensee for a waiver of, or exemption from, a covered regulation applicable to a civilian nuclear power reactor that has permanently ceased to operate. Specifies as a covered regulation: (1) an emergency preparedness or response regulation or requirement, or (2) a security regulation or requirement applicable to spent nuclear fuel. Declares that this prohibition shall not apply to a civilian nuclear power reactor at which all spent nuclear fuel has been transferred to spent nuclear fuel dry casks.

To amend the Atomic Energy Act of 1954 to prohibit certain waivers and exemptions from emergency preparedness and response and security regulations. 1. Short title This Act may be cited as the Safe and Secure Decommissioning Act of 2014 2. Prohibition of certain waivers and exemptions Chapter 19 of title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2015 et seq. 277. Prohibition of certain waivers and exemptions (a) Definitions In this section: (1) Covered regulation The term covered regulation (A) an emergency preparedness or response regulation or requirement; or (B) a security regulation or requirement applicable to spent nuclear fuel. (2) Licensee The term licensee section 50.2 (b) Prohibition of certain waivers and exemptions Subject to subsection (c), the Commission shall not approve the request of a licensee for a waiver of, or exemption from, a covered regulation applicable to a civilian nuclear power reactor that has permanently ceased to operate. (c) Limitation Subsection (b) shall not apply to a civilian nuclear power reactor described in that subsection at which all spent nuclear fuel has been transferred to spent nuclear fuel dry casks. .

Safe and Secure Decommissioning Act of 2014

Dry Cask Storage Act of 2014 - Amends the Nuclear Waste Policy Act of 1982 to require each licensee of the Nuclear Regulatory Commission (NRC) to submit a plan for: (1) transfer (including on-going additional transfers) to spent nuclear fuel dry casks of any spent nuclear fuel stored by the licensee for at least seven years in spent nuclear fuel pools, and (2) configuration of the remaining spent nuclear fuel in the pool in a manner that minimizes the chance of a fire if there is a loss of water in the pool. Requires the NRC to approve or disapprove the plan within 90 days after its submission. Authorizes the NRC to make a grant to any licensee with an approved plan to assist in the cost of transferring spent nuclear fuel to dry casks under the plan. Requires the emergency planning zone applicable to each civilian nuclear power reactor to be at least 10 miles in radius until all spent nuclear fuel at the reactor has been transferred to dry casks. Directs the NRC to expand to 50 miles in radius the emergency planning zone applicable to each reactor not in compliance with an approved plan. Makes the licensee responsible for all coasts associated with expansion. Requires the Secretary of the Treasury to transfer annually to the NRC, to pay the costs of the grants program, 10% of the interest generated during the preceding fiscal year from investments of the Nuclear Waste Fund.

To amend the Nuclear Waste Policy Act of 1982 to provide for the expansion of emergency planning zones and the development of plans for dry cask storage of spent nuclear fuel, and for other purposes. 1. Short title This Act may be cited as the Dry Cask Storage Act of 2014 2. Emergency planning zones; Dry cask storage of spent nuclear fuel (a) In general Title I of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10121 et seq. I Emergency Planning Zones; Dry cask storage of spent nuclear fuel 185. Definitions In this subtitle: (1) Emergency planning zone The term emergency planning zone section 350.2 (2) Licensee The term licensee section 50.2 (3) Spent nuclear fuel dry cask The term spent nuclear fuel dry cask (A) that is— (i) licensed by the Commission; and (ii) located at a civilian nuclear power reactor site; and (B) the design of which— (i) includes a realistic security, seismic, and flooding design basis, as determined by the Commission; and (ii) is approved by the Commission. 186. Plan for dry cask storage of spent nuclear fuel (a) In general Not later than 180 days after the date of enactment of this section, each licensee shall submit to the Commission a plan that provides for— (1) by the deadline specified in subsection (b), the transfer to spent nuclear fuel dry casks of any spent nuclear fuel that is— (A) stored by the licensee in spent nuclear fuel pools; and (B) qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d); (2) on completion of the transfer under paragraph (1), the additional transfer, on an ongoing basis, of any additional spent nuclear fuel that is stored by the licensee in spent nuclear fuel pools and that, after the date of the transfer under paragraph (1), is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d), subject to the requirement that each additional transfer shall be completed by the date that is 1 year after the date on which the applicable spent nuclear fuel is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with that subsection; and (3) the configuration of the remaining spent nuclear fuel in the spent nuclear fuel pool in a manner that minimizes the chance of a fire if there is a loss of water in the spent nuclear fuel pool. (b) Deadline for transfer The deadline for transfer referred to in subsection (a)(1) is not later than the date that is 7 years after the date of submission of the plan. (c) Approval or disapproval by Commission (1) In general Not later than 90 days after the date on which a plan is submitted under subsection (a), the Commission shall approve or disapprove the plan. (2) Action following disapproval If the Commission disapproves a plan under paragraph (1), the Commission shall— (A) advise the licensee in writing of the reasons for the disapproval; (B) make recommendations for revisions to the plan, which shall be submitted to the Commission by the date that is 30 days after the date on which the Commission provides notice of the disapproval under subparagraph (A); and (C) not later than 30 days after the date of receipt of a revised plan under subparagraph (B), approve or disapprove the revised plan. (d) Qualification for placement in spent nuclear fuel dry casks (1) In general Except as provided in paragraph (2), spent nuclear fuel shall be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if the spent nuclear fuel has been stored in spent nuclear fuel pools for a period of at least 7 years. (2) Exception Notwithstanding paragraph (1), spent nuclear fuel shall not be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if there does not exist an approved spent nuclear fuel dry cask in which the spent nuclear fuel may be placed. (e) Grants (1) In general Subject to paragraph (3), the Commission may provide to any licensee that has a plan approved under subsection (c) a grant to assist in the cost of transferring spent nuclear fuel to spent nuclear fuel dry casks under the approved plan. (2) Preference In providing grants under paragraph (1), the Commission shall give preference to funding the implementation of approved plans— (A) at civilian nuclear power reactors at which the spent nuclear fuel pools are close to being filled to capacity; (B) that are supported by the State or unit of local government in which the civilian nuclear power reactor is located; and (C) at civilian nuclear power reactors that have permanently ceased operations. (3) Limitation No grants may be provided under paragraph (1) to a licensee that the Commission determines is not in compliance with the approved plan, in accordance with subsection (f). (f) Biennial Review Beginning on the date that is 2 years after the date on which a plan is approved under subsection (c) and every 2 years thereafter, the Commission shall conduct a review to determine whether the licensee is in compliance with the approved plan. 187. Expansion and applicability of emergency planning zone (a) In general The emergency planning zone that is applicable to each civilian nuclear power reactor shall be at least 10 miles in radius until the date on which all spent nuclear fuel at the civilian nuclear power reactor has been transferred to spent nuclear fuel dry casks. (b) Expansion of emergency planning zone (1) In general Except as provided in paragraph (2) and subject to paragraph (3), by the date that is 18 months after the date of enactment of this section, the Commission shall expand the emergency planning zone that is applicable to each civilian nuclear power reactor to 50 miles in radius. (2) Exception Paragraph (1) shall not apply to any civilian nuclear power reactor that is in compliance with a plan approved by the Commission under section 186(c), as determined by the Commission under section 186(f). (3) Payment of costs The licensee shall be responsible for all costs associated with the expansion of the applicable emergency planning zone under paragraph (1). . (b) Use of interest Section 302(e) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(e) (7) Use of interest Annually, the Secretary of the Treasury shall transfer to the Commission an amount equal to at least 10 percent of the amount of interest generated during the preceding fiscal year under paragraph (3) for use, without further appropriation or fiscal year limitation, to pay the costs of carrying out section 186(e). .

Dry Cask Storage Act of 2014

Nuclear Plant Decommissioning Act of 2014 - Amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee, after consulting each affected state and local governments, to develop and submit to the NRC a post-shutdown decommissioning activities report (PSDAR) for any of the licensee's shutdown facilities for which a PSDAR is required. Requires the NRC to: (1) solicit written comments on the proposed PSDAR from the public and conduct at least two public hearings in the facility's host state; and (2) invite the host state to file a statement of support, of conditional support with specific recommendations for changes, or of nonsupport for the proposed PSDAR. Directs the NRC, after receiving the state's statement of support or nonsupport, to determine whether the proposed PSDAR is adequate or inadequate on the basis of specified considerations, and issue a decision of approval or disapproval, as appropriate. Prescribes requirements for determining whether a proposed PSDAR is permissible if the host state files a statement of conditional support. Requires a licensee to develop and submit a new proposed PSDAR if the first one is rejected. Prohibits the NRC from approving a proposed PSDAR unless it includes a requirement that the licensee comply with state law relating to air, water, or soil quality or radiological standards if they are more restrictive than federal law.

To amend the Atomic Energy Act of 1954 to provide for consultation with State and local governments, the consideration of State and local concerns, and the approval of post-shutdown decommissioning activities reports by the Nuclear Regulatory Commission. 1. Short title This Act may be cited as the Nuclear Plant Decommissioning Act of 2014 2. Post-shutdown decommissioning activities reports Chapter 10 of title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2131 et seq. 113. Post-shutdown decommissioning activities reports (a) Definitions In this section: (1) Affected State The term affected State (A) the host State of a covered facility; and (B) each State that is within 50 miles of a covered facility. (2) Commission The term Commission (3) Covered facility The term covered facility (4) Host State The term host State (5) Licensee The term licensee section 50.2 (6) PSDAR The term PSDAR (b) Development; initial consultation A licensee shall develop a proposed PSDAR for a covered facility after consultation with— (1) each affected State; and (2) each unit of local government and tribal government in the affected State that is located within 50 miles of the covered facility. (c) Submission to Commission; additional consultation (1) In general After additional consultation with the entities described in subsection (b) with respect to the proposed PSDAR developed under that subsection, the licensee shall— (A) submit to the Commission the proposed PSDAR; and (B) on submission of the proposed PSDAR under subparagraph (A), make the proposed PSDAR readily available to the public. (2) Public availability On receipt of the proposed PSDAR under paragraph (1), the Commission shall make the proposed PSDAR readily available to the public. (d) Public participation During a period of at least 90 days beginning on the date on which the licensee submits the proposed PSDAR to the Commission under subsection (c), the Commission shall solicit public participation on the proposed PSDAR in the host State, including through— (1) the solicitation of written comments from the public; and (2) the conduct of at least 2 public hearings within the host State. (e) Support or nonsupport by host State (1) In general Not later than 60 days after the receipt of a proposed PSDAR for a covered facility, the Commission shall invite the host State to file with the Commission, by the date that is 60 days after the date on which the host State receives the invitation under this paragraph— (A) a statement of support for the proposed PSDAR; (B) a statement of conditional support for the proposed PSDAR, with specific recommendations for changes that could lead the host State to support the proposed PSDAR; or (C) a statement of nonsupport for the proposed PSDAR. (2) Statement of support or nonsupport; failure to submit (A) In general If the host State files a statement of support under paragraph (1)(A), a statement of nonsupport under paragraph (1)(C), or fails to file a statement with the Commission by the deadline specified in paragraph (1), the Commission shall issue a determination on whether the proposed PSDAR is adequate or inadequate— (i) based on the considerations described in subparagraph (B); and (ii) after taking into account— (I) any written comments submitted by the host State, other States, and local communities with respect to the proposed PSDAR; and (II) any input from the public under subsection (d). (B) Considerations The Commission shall consider a proposed PSDAR to be adequate under subparagraph (A) if the Commission determines that— (i) the proposed PSDAR provides for the overall protection of human health and the environment; (ii) the licensee has a substantial likelihood of implementing the proposed PSDAR within the timeframe described in the proposed PSDAR; (iii) the proposed PSDAR is in accordance with applicable law (including regulations); and (iv) the licensee has proactively demonstrated that the licensee has, or will have, the funds required to fully implement the proposed PSDAR within the timeframe described in the proposed PSDAR. (C) Determination of adequacy If the Commission determines that the proposed PSDAR is adequate under subparagraph (A), the Commission shall issue a decision document approving the PSDAR. (D) Determination of inadequacy If the Commission determines that the proposed PSDAR is inadequate under subparagraph (A)— (i) the Commission shall issue a decision rejecting the proposed PSDAR, including the reasons for the decision; and (ii) the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (3) Conditional support by host State (A) In general The Commission shall determine whether the proposed PSDAR is permissible under applicable law (including regulations) if the host State files a statement of conditional support for the proposed PSDAR with the Commission in accordance with paragraph (1)(B). (B) Changes For each change recommended by the host State under paragraph (1)(B), the Commission shall— (i) provide for the inclusion of the change into the final PSDAR, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence provided by the licensee that— (I) the change violates applicable law; or (II) the costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and (ii) provide the rationale for a determination of inappropriateness under clause (i). (C) Decision document (i) In general Based on the determinations made under subparagraphs (A) and (B), the Commission shall issue a decision document that— (I) accepts the proposed PSDAR with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or (II) rejects the proposed PSDAR. (ii) Applicable law A decision document issued under clause (i) shall be considered to be a final order entered in a proceeding under section 189(a). (D) Acceptance If the Commission approves the proposed PSDAR under subparagraph (C)(i)(I)— (i) the PSDAR is final; and (ii) the licensee may begin implementation of the PSDAR. (E) Rejection If the Commission rejects the proposed PSDAR under subparagraph (C)(i)(II), the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (f) Additional requirement Notwithstanding any other provision of this section, a Commission shall not approve a PSDAR under this section unless the proposed PSDAR includes a requirement that the licensee comply with applicable State law relating to air, water, or soil quality or radiological standards with respect to the implementation of the proposed PSDAR if the applicable State law is more restrictive than the applicable Federal law. .

Nuclear Plant Decommissioning Act of 2014

Keeping Public Lands Open Act - Provides that if an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of that fiscal year and a joint resolution making continuing appropriations for such account is not in effect, such sums as necessary shall be made available without further appropriation to continue any activity for which funds were provided from such account in the preceding fiscal year. Defines "covered account" to mean specified appropriation accounts of: (1) the Department of the Interior for the U.S. Fish and Wildlife Service, including amounts for activities of the National Wildlife Refuge System, habitat conservation, the Migratory Bird Conservation Account, the North American Wetlands Conservation Fund, the National Fish and Wildlife Foundation, and land acquisition; (2) the Department of the Interior for the Bureau of Land Management (BLM), including amounts for the National Landscape Conservation System, land acquisition, and the activities of recreation management, resource protection, and maintenance; (3) the Department of the Interior for the National Park Service, including amounts for land acquisition and state assistance; and (3) the Department of Agriculture (USDA) for the Forest Service, including amounts for land acquisition, law enforcement operations, and the activities of recreation, heritage, and wilderness.

To make continuing appropriations for certain programs that benefit sportsmen in the event of a lapse in appropriations. 1. Short title This Act may be cited as the Keeping Public Lands Open Act 2. Findings Congress finds that— (1) units of the National Park System, units of the National Forest System, units of the National Wildlife Refuge System, and other public land— (A) are an integral part of the conservation heritage of the United States; (B) provide many recreational opportunities; and (C) support jobs and economic activity in communities across the United States, including in many rural areas; and (2) it is critical that the public have uninterrupted access to the national treasures referred to in paragraph (1). 3. Automatic continuing appropriations for certain covered accounts (a) Definition of covered account In this section, the term covered account (1) Within the Department of the Interior for the Fish and Wildlife Service, within the resource management appropriation, amounts made available for— (A) the activities of the National Wildlife Refuge System; and (B) habitat conservation. (2) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the Migratory Bird Conservation Account. (3) Within the Department of Agriculture for the Forest Service, within the National Forest System appropriation, amounts made available for— (A) the activities of recreation, heritage, and wilderness; and (B) law enforcement operations. (4) Within the Department of the Interior for the Bureau of Land Management, within the management of land and resources appropriation, amounts made available for— (A) the activities of recreation management, resource protection, and maintenance; and (B) the National Landscape Conservation System. (5) Within the Department of the Interior for the National Park Service, the appropriation for the operation of the National Park System. (6) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the North American Wetlands Conservation Fund. (7) Within the Department of the Interior for the United States Fish and Wildlife Service, within the resource management appropriation, under the activity of general operations, the amounts made available for the National Fish and Wildlife Foundation. (8) Within the Department of the Interior for the United States Fish and Wildlife Service, the appropriation for land acquisition. (9) Within the Department of Agriculture for the Forest Service, the appropriation for land acquisition. (10) Within the Department of the Interior for the Bureau of Land Management, the appropriation for land acquisition. (11) Within the Department of the Interior for the National Park Service, the appropriation for land acquisition and State assistance. (b) Authorization for continuing appropriations If an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of the applicable fiscal year and a joint resolution making continuing appropriations for the covered account is not in effect, such sums as may be necessary shall be made available without further appropriation to continue any program, project, or activity for which funds were provided from the covered account in the preceding fiscal year. (c) Amount of appropriations and funds Appropriations and funds made available under this section for a program, project, or activity funded by a covered account shall be in an amount equal to a pro rata amount of the annual funding provided for the program, project, or activity in the preceding appropriations Act or, in the absence of a regular appropriations Act, a joint resolution making continuing appropriations for the preceding fiscal year. (d) Availability of amounts Appropriations and funds made available, and authority granted, under this section for a program, project, or activity funded by a covered account shall be available for the period beginning with the first day of a lapse in appropriations and ending on the date of enactment of the applicable appropriations Act or a joint resolution making continuing appropriations until the end of the fiscal year, whether or not the Act or resolution provides for the program, project, or activity. (e) Requirements Amounts made available, or authority granted, for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be subject to— (1) the terms and conditions imposed with respect to the program, project, or activity for the preceding fiscal year; and (2) the authority granted for the program, project, or activity funded by the covered account under applicable law. (f) Applicable accounts Expenditures made for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be charged to the applicable covered account on the date of enactment of an appropriations Act or a joint resolution making continuing appropriations until the end of a fiscal year that provides funds for the program, project, or activity for the applicable period. (g) Exclusions This section shall not apply to a program, project, or activity funded by a covered account during a fiscal year if any other provision of law (other than a change in authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for the program, project, or activity to continue for the applicable period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for the program, project, or activity to continue for the applicable period.

Keeping Public Lands Open Act

Fair Debt Collection Practices Technical Clarification Act of 2014 - Amends the Fair Debt Collection Practices Act to exclude from the definition of "debt collector" any law firm or licensed attorney: (1) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or (2) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client. Prohibits such amendments from being construed to exempt any law firm or licensed attorney engaged in any activity other than those activities specifically described in the amendments from being subject to any other applicable provision of the Fair Debt Collection Practices Act.

To amend the Fair Debt Collection Practices Act to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions, and for other purposes. 1. Short title This Act may be cited as the Fair Debt Collection Practices Technical Clarification Act of 2014 2. Legal proceeding exception (a) In general Section 803(6) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a(6) (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following: (F) any law firm or licensed attorney— (i) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or (ii) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client; and . (b) Rule of construction The amendments made by subsection (a) shall not exempt, nor shall they be construed to exempt, any law firm or licensed attorney engaged in any activity other than those activities specifically described in the amendments from being subject to any other applicable provision of the Fair Debt Collection Practices Act.

Fair Debt Collection Practices Technical Clarification Act of 2014

Hezbollah International Financing Prevention Act of 2014 - Declares that it shall be U.S. policy to: (1) prevent Hezbollah's global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and (2) utilize diplomatic, legislative, and executive avenues to combat Hezbollah's criminal activities in order to block that organization's ability to fund its global terrorist activities. Directs the Secretary of the Treasury to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that knowingly: (1) facilitates the activities of Hezbollah or any of its agents or affiliates whose property or property interests are blocked pursuant to the International Emergency Economic Powers Act; (2) facilitates the activities of a person acting on behalf of or at the direction of, or owned or controlled by such institution; (3) engages in money laundering to carry out such activity; or (4) facilitates a significant transaction or transactions or provides significant financial services to carry out such activity. Directs the Secretary to prescribe reporting, information sharing, and due diligence requirements for domestic financial institutions that maintain a correspondent account or payable-through account in the United States for a foreign financial institution. Authorizes the Secretary to waive such requirements if in U.S. national security interests, and with congressional notification. Directs the Secretary to identify to Congress every 180 days each foreign central bank that carries out an activity prohibited under this Act. Sets forth penalty requirements for specified violations under this Act. Directs the President to report to Congress regarding: (1) satellite, broadcast, Internet, or other providers that knowingly carry al-Manar TV or its affiliates; and (2) countries in which Hezbollah maintains important portions of its global logistics networks, and an assessment of whether a country is taking adequate measures to disrupt Hezbollah's networks within that country. Directs the President to designate Hezbollah as: (1) a significant foreign narcotics trafficker if Hezbollah meets the criteria set forth under the Foreign Narcotics Kingpin Designation Act, and (2) a significant transnational criminal organization if Hezbollah meets the criteria set forth under Executive Order 13581. Directs the President to report to Congress which of these criteria the President determines that Hezbollah has not met, if it does not. Declares that nothing in this Act shall apply to authorized U.S. intelligence activities. States that any requirement of this Act shall cease to be in effect 30 days after the President certifies to Congress that Hezbollah: (1) is no longer designated as a foreign terrorist organization, and (2) is no longer listed in the Annex to Executive Order 13224 (blocking property and prohibiting transactions with persons who commit or support terrorism).

To prevent Hezbollah from gaining access to international financial and other institutions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Hezbollah International Financing Prevention Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Prevention of access by Hezbollah to international financial and other institutions Sec. 101. Findings; statement of policy. Sec. 102. Sanctions with respect to financial institutions that engage in certain transactions. Sec. 103. Report on imposition of sanctions on certain satellite providers that carry al-Manar TV. Sec. 104. Report on activities of foreign governments to disrupt global logistics networks and fundraising, financing, and money laundering activities of Hezbollah. Sec. 105. Appropriate congressional committees defined. TITLE II—Designation of Hezbollah as a major drug smuggling enterprise and a transnational criminal organization Sec. 201. Designation of Hezbollah as significant foreign narcotics traffickers. Sec. 202. Designation of Hezbollah as a significant transnational criminal organization. Sec. 203. Appropriate congressional committees defined. TITLE III—Miscellaneous provisions Sec. 301. Rule of construction. Sec. 302. Regulatory authority. Sec. 303. Termination. I Prevention of access by Hezbollah to international financial and other institutions 101. Findings; statement of policy (a) Findings Congress finds the following: (1) The United States Government holds Hezbollah responsible for the largest number of American deaths overseas by a terrorist organization prior to the attacks of September 11, 2001, including a number of attacks on and hostage takings targeting Americans in Lebanon during the 1980s, including the bombing of the United States Embassy in Beirut in April 1983 and the bombing of the United States Marine barracks in October 1983. (2) Hezbollah’s operations outside of Lebanon, including its participation in bombings of Israeli and Jewish institutions in Argentina during the 1990s, recent support to Shiite insurgents in Iraq, recent attacks and attempted attacks in Europe, Southeast Asia, and elsewhere, and extensive international operational, logistical, and financial networks have rendered it a capable and deadly adversary with global reach. (3) Hezbollah has been designated as a terrorist organization by the United States since 1995, and remains on foreign terrorist organization and Specially Designated Terrorist lists. (4) In March 2013, a Cypriot court convicted a Hezbollah member for participation in a criminal organization, planning to commit a crime and money laundering. In June 2013, the Government of Bulgaria concluded that Hezbollah was responsible for the 2012 Burgas bombing, which killed 6 people. (5) In July 2013, the European Union designated the military wing of Hezbollah as a terrorist organization. The designation helps to facilitate European law enforcement agencies’ actions against Hezbollah’s fundraising, logistical activity, and terrorist plotting on European soil. (6) In July 2013, the Gulf Cooperation Council, consisting of Saudi Arabia, Qatar, Bahrain, Kuwait, Oman, and the United Arab Emirates, declared Hezbollah a terrorist organization. (7) Hezbollah continues to provide material assistance, including assuming a combat role, in Syria, and aids the Government of Iran and the Government of Syria in their human rights and other abuses perpetrated against the Syrian people. (8) An estimated 5,000 Hezbollah fighters are supporting the regime of Bashar al-Assad in Syria by fighting on his behalf and by providing military training, advice, and logistical support to regime forces. (9) Hezbollah continues to serve as a proxy of Iran, in its effort to target the United States and its allies and interests. (10) Hezbollah’s global logistics and financial network serves as a lifeline to the organization, and enables it to consolidate power within Lebanon and provides it with the capabilities to perpetrate complex attacks internationally. (11) Hezbollah has evolved into a significant drug smuggling organization, and also engages in other serious criminal activity, including money laundering, counterfeiting pharmaceuticals, and trade in conflict diamonds. (12) In April 2013, the Department of the Treasury blacklisted two Lebanese exchange houses, Kassem Rmeiti & Co. and Halawi Exchange Co., for laundering drug profits for Hezbollah. (13) In February 2011, the Department of the Treasury blacklisted the Lebanese Canadian Bank as of primary money laundering concern, alleging that it moved approximately $200,000,000 as part of a drug trafficking network that profited Hezbollah. (14) The Department of Justice reports that 29 of the 63 organizations on its Fiscal Year 2010 Consolidated Priority Organization Targets list, which includes the most significant international drug trafficking organizations threatening the United States, were associated with terrorist groups. There is concern about Hezbollah’s drug and criminal activities, as well as indications of links between al-Qaeda in the Lands of the Islamic Maghreb and the drug trade. (15) Al-Manar, the Lebanese satellite television station affiliated with Hezbollah broadcasting from Beirut, Lebanon, was designated as a Specially Designated Global Terrorist entity in May 2006, but continues to be carried by international broadcasting agents. (16) Hezbollah continues to present a threat to the United States and its allies and interests. (b) Statement of policy It shall be the policy of the United States to— (1) prevent Hezbollah’s global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and (2) utilize all available diplomatic, legislative, and executive avenues to combat the criminal activities of Hezbollah as a means to block the ability of Hezbollah to fund its global terrorist activities. 102. Sanctions with respect to financial institutions that engage in certain transactions (a) Prohibitions and conditions with respect to certain accounts held by foreign financial institutions (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds engages in an activity described in paragraph (2). (2) Activities described A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution— (A) knowingly facilitates the activities of Hezbollah or any of its agents or affiliates the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) knowingly facilitates the activities of a person acting on behalf of or at the direction of, or owned or controlled by, a person described in subparagraph (A); (C) knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); or (D) knowingly facilitates a significant transaction or transactions or provides significant financial services to carry out an activity described in subparagraph (A), (B), or (C). (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (4) Procedures for judicial review of classified information (A) In general If a finding under this subsection or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera. (B) Rule of construction Nothing in this paragraph shall be construed to confer or imply any right to judicial review of any finding under this subsection or any prohibition, condition, or penalty imposed as a result of any such finding. (5) Regulations The Secretary of the Treasury shall prescribe and implement regulations to carry out this subsection. (b) Requirements for financial institutions maintaining accounts for foreign financial institutions (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to require a domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution to do one or more of the following: (A) Report to the Department of the Treasury with respect to financial transactions or other financial services provided with respect to any activity described in subsection (a)(2). (B) Provide timely and accurate information to domestic financial institutions maintaining a correspondent account or payable-through account in the United States for a foreign financial institution with respect to any activity described in subsection (a)(2). (C) Establish due diligence policies, procedures, and controls, such as the due diligence policies, procedures, and controls described in section 5318(i) (2) Penalties The penalties provided for in sections 5321(a) 5322 (c) Waiver The Secretary of the Treasury, in consultation with the Secretary of State, may waive the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) on and after the date that is 30 days after the Secretary of the Treasury, with the concurrence of the Secretary of State— (1) determines that such a waiver is vital to the national security interests of the United States; and (2) submits to the appropriate congressional committees a report describing the reasons for the determination. (d) Provisions relating to foreign central banks (1) Report Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that— (A) identifies each foreign central bank that the Secretary finds engages in one or more activities described in subsection (a)(2)(D); and (B) provides a detailed description of each such activity. (2) Special rule to allow for termination of sanctionable activity The Secretary of the Treasury shall not be required to apply sanctions under subsection (a) to a foreign central bank described in the report required under paragraph (1) if the Secretary of the Treasury, in consultation with the Secretary of State, certifies in writing to the appropriate congressional committees that— (A) the foreign central bank— (i) is no longer engaging in the activity described in subsection (a)(2)(D) for which the bank was identified in the report; or (ii) has taken significant verifiable steps toward terminating the activity not later than 90 days after the date on which the Secretary makes such certification; and (B) the Secretary has received reliable assurances from the government with primary jurisdiction over the foreign central bank that the foreign central bank will not engage in any activity described in subsection (a)(2)(D) in the future. (e) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (f) Definitions (1) In general In this section: (A) Account; correspondent account; payable-through account The terms account correspondent account payable-through account section 5318A (B) Agent The term agent (C) Financial institution The term financial institution section 5312(a)(2) (D) Foreign financial institution; domestic financial institution (i) Foreign financial institution The term foreign financial institution (I) has the meaning of that term as determined by the Secretary of the Treasury; and (II) includes a foreign central bank. (ii) Domestic financial institution The term domestic financial institution (E) Money laundering The term money laundering (2) Other definitions The Secretary of the Treasury may further define the terms used in this section in the regulations prescribed under this section. 103. Report on imposition of sanctions on certain satellite providers that carry al-Manar TV (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes— (1) a list of all satellite, broadcast, Internet, or other providers that knowingly transmit or otherwise broadcast the content of al-Manar TV, and any affiliates or successors thereof; and (2) with respect to all providers included on the list pursuant to paragraph (1)— (A) an identification of those providers that have been sanctioned pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and (B) an identification of those providers that have not been sanctioned pursuant to Executive Order 13224 and, with respect to each such provider, the reason why sanctions have not been imposed. (b) Form The report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. 104. Report on activities of foreign governments to disrupt global logistics networks and fundraising, financing, and money laundering activities of Hezbollah (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes— (1) a list of countries in which Hezbollah maintains important portions of its global logistics networks; (2) with respect to each country on the list required by paragraph (1)— (A) an assessment of whether the government of the country is taking adequate measures to disrupt the global logistics networks of Hezbollah within the territory of the country; and (B) in the case of a country the government of which is not taking adequate measures to disrupt those networks— (i) an assessment of the reasons that government is not taking adequate measures to disrupt those networks; and (ii) a description of measures being taken by the United States Government to encourage that government to improve measures to disrupt those networks; (3) a list of countries in which Hezbollah, or any of its agents or affiliates, conducts significant fundraising, financing, or money laundering activities; and (4) with respect to each country on the list required by paragraph (3)— (A) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hezbollah and its agents and affiliates within the territory of the country; and (B) in the case of a country the government of which is not taking adequate measures to disrupt those activities— (i) an assessment of the reasons that government is not taking adequate measures to disrupt those activities; and (ii) a description of measures being taken by the United States Government to encourage the government of that country to improve measures to disrupt those activities. (b) Form The report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. 105. Appropriate congressional committees defined In this title, the term appropriate congressional committees (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. II Designation of Hezbollah as a major drug smuggling enterprise and a transnational criminal organization 201. Designation of Hezbollah as significant foreign narcotics traffickers (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall determine if Hezbollah meets the criteria specified for designation as a significant foreign narcotics trafficker under section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 (b) Affirmative determination If the President determines under subsection (a) that Hezbollah meets the criteria specified for designation as a significant foreign narcotics trafficker under section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 (c) Negative Determination (1) In general If the President determines under subsection (a) that Hezbollah does not meet the criteria specified for designation as a significant foreign narcotics trafficker under section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. 202. Designation of Hezbollah as a significant transnational criminal organization (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall determine if Hezbollah meets the criteria specified for designation as a significant transnational criminal organization under Executive Order 13581 (76 Fed. Reg. 44757; relating to blocking property of transnational criminal organizations). (b) Affirmative determination If the President determines under subsection (a) that Hezbollah meets the criteria specified for designation as a significant transnational criminal organization under Executive Order 13581, the President shall designate Hezbollah a significant transnational criminal organization under that order. (c) Negative Determination (1) In general If the President determines under subsection (a) that Hezbollah does not meet the criteria specified for designation as a significant transnational criminal organization under Executive Order 13581, the President shall submit to the appropriate congressional committees a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. 203. Appropriate congressional committees defined In this title, the term appropriate congressional committees (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. III Miscellaneous provisions 301. Rule of construction Nothing in this Act shall apply to the authorized intelligence activities of the United States. 302. Regulatory authority The President shall, not later than 90 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act. 303. Termination Each provision of this Act shall cease to be in effect beginning 30 days after the date on which the President certifies to Congress that Hezbollah— (1) is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (2) is no longer listed in the Annex to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).

Hezbollah International Financing Prevention Act of 2014

End-User Protection Act of 2014 - Amends the Commodity Exchange Act with respect to exceptions to the requirement that any swap be cleared by a derivatives clearing organization either registered under that Act, or exempted from registration, if the swap is required to be cleared. Revises the definition of a financial entity subject to such requirement to exclude one that: (1) is a commercial market participant predominantly engaged in activities in the business of banking, or in activities that are financial in nature, but is not supervised by a prudential regulator; or (2) is considered as predominantly engaged in activities in the business of banking or in financial activities because it regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate the commercial risk of, one or more other entities within the entity's same commercial enterprise, or because of making loans to one or more of such other entities. Directs the Commodity Futures Trading Commission (CFTC) to provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk. Defines "illiquid" as any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. Requires the CFTC to ensure that such swap transaction information is not available to the public until 30 days after the transaction has been executed, or at an appropriate later date, in order to: (1) protect the identity of participants and positions in illiquid markets, and (2) prevent the elimination or reduction of market liquidity. Accords financial entities exempt from swap-clearing requirements the same treatment as exempted affiliates. Revises the exemption of bona fide hedge transactions or positions from certain trading limitations to set criteria for CFTC rules or regulations treating swaps, contracts of sale for future delivery, or options on the contracts or commodities as bona fide hedge transactions or positions also exempt from those limitations. Declares that, if the CFTC imposes any reporting and recordkeeping requirement on any person that is not registered, or required to be registered, with the CFTC, that person shall satisfy the requirements of any pertinent rule, order, or regulation by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. Makes such a written record sufficient if it: (1) memorializes the final agreement between the parties, including the transaction's material economic terms; and (2) is identifiable and searchable by transaction. States that certain requirements for adoption of rules governing capital and margin requirements for swap dealers and major swap participants, including the initial and variation margin requirements imposed by rules adopted according to such requirements, shall not apply to a swap in which a counterparty qualifies for specified exceptions or exemptions. Revises requirements for a CFTC cost-benefit analysis made before an order is issued. Requires the CFTC, acting through the Office of the Chief Economist, among other things to: state a justification for the regulation or order; state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; measure, and seek to improve, the actual results of regulatory requirements; and propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify its costs.

To amend the Commodity Exchange Act to improve futures and swaps trading, and for other purposes. 1. Short title This Act may be cited as the End-User Protection Act of 2014 2. Definitions (a) In general Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (1) by redesignating paragraphs (8) through (51) as paragraphs (9) through (52), respectively; (2) by inserting after paragraph (7) the following: (8) Commercial market participant The term commercial market participant ; (3) in subparagraph (B) of paragraph (48) (as so redesignated), by striking clause (ii) and inserting the following: (ii) any purchase or sale of a nonfinancial commodity or security for deferred shipment or delivery, so long as the transaction is intended to be physically settled, including any stand-alone or embedded option for which exercise would result in a physical delivery obligation; ; and (4) in paragraph (50) (as redesignated by paragraph (1)), by striking subparagraph (D) and inserting the following: (D) De minimis exception (i) In general The Commission shall exempt from designation as a swap dealer an entity that engages in a de minimis quantity of swap dealing (which shall not be less than $8,000,000,000) in connection with transactions with or on behalf of its customers. (ii) Regulations The Commission shall promulgate regulations to establish the factors to be used in a determination under clause (i) to exempt, including any monetary or other levels established by the Commission, and those levels shall only be amended or changed through an affirmative action of the Commission undertaken by rule or regulation. . (b) Financial entity Section 2(h)(7)(C) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(C) (1) in clause (iii)— (A) by striking an entity whose (I) whose ; (B) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (II) that is— (aa) a commercial market participant; (bb) included in clause (i)(VIII); and (cc) not supervised by a prudential regulator; or (III) that is included in clause (i)(VIII) because— (aa) the entity regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate, whether directly or indirectly, the commercial risk of 1 or more entities within the same commercial enterprise as the entity; or (bb) of the making of loans to 1 or more entities within the same commercial enterprise as the entity. ; and (2) by adding at the end the following: (iv) Same commercial enterprise For purposes of clause (iii)(III), an entity shall be considered to be within the same commercial enterprise as another entity if— (I) 1 of the entities owns, directly or indirectly, at least a majority ownership interest in the other entity and reports its financial statements on a consolidated basis and the consolidated financial statements include the financial results of both entities; or (II) a third party owns at least a majority ownership interest in both entities and reports its financial statements on a consolidated basis and the financial statements of the third party include the financial results of both entities. (v) Predominantly engaged (I) In general Not later than 90 days after the date of enactment of this clause, the Commission shall promulgate regulations defining the term predominantly engaged (II) Minimum revenues The regulations shall provide that an entity shall not be considered to be predominantly engaged in activities that are in the business of banking or financial in nature if the consolidated revenues of the entity derived from the activities constitute less than a percentage (as specified by the Commission in the regulations) of the total consolidated revenues of the entity. (III) Revenues from banking or financial activities In determining the percentage of the revenues of an entity that are derived from activities that are in the business of banking or financial in nature, the regulations shall exclude all revenues that are or result from foreign exchange or derivatives transactions used to hedge or mitigate commercial risk (as defined by the Commission in the regulations). . 3. Reporting of illiquid swaps so as to not disadvantage certain non-financial end users Section 2(a)(13) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(13) (1) in subparagraph (C), by striking The Commission Except as provided in subparagraph (D), the Commission (2) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; and (3) by inserting after subparagraph (C) the following: (D) Requirements for swap transactions in illiquid markets (i) Definition of illiquid markets In this subparagraph, the term illiquid markets (ii) Requirements Notwithstanding subparagraph (C), the Commission shall— (I) provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk in accordance with subsection (h)(7)(A); and (II) ensure that the swap transaction information described in subclause (I) is available to the public not sooner than 30 days after the swap transaction has been executed or at such later date as the Commission determines appropriate to protect the identity of participants and positions in illiquid markets and to prevent the elimination or reduction of market liquidity. . 4. Treatment of affiliates Section 2(h)(7)(D)(i) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(D)(i) (1) by striking An affiliate A person that is a financial entity and is an affiliate (2) by striking (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) (3) by striking and as an agent 5. Applicability to bona fide hedge transactions or positions Section 4a(c) of the Commodity Exchange Act ( 7 U.S.C. 6a(c) (1) in the second sentence of paragraph (1), by striking into the future for which in the future, to be determined by the Commission, for which either an appropriate swap is available or (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking subsection (a)(2) position that— paragraphs (2) and (5) of subsection (a) for swaps, contracts of sale for future delivery, or options on the contracts or commodities, a bona fide hedging transaction or position is a transaction or position that— (B) in subparagraph (A)(ii), by striking of risks or management of current or anticipated risks (3) by adding at the end the following: (3) Commission definition The Commission may further define, by rule or regulation, what constitutes a bona fide hedging transaction or position so long as the rule or regulation is consistent with the requirements of subparagraphs (A) and (B) of paragraph (2). . 6. Reporting and recordkeeping Section 4g(f) of the Commodity Exchange Act ( 7 U.S.C. 6g(f) (1) by striking (f) Nothing contained in this section (f) Authority of Commission To make separate determinations unimpaired (1) In general Except as provided in paragraph (2), nothing in this section ; and (2) by adding at the end the following: (2) Exception If the Commission imposes any requirement under this section on any person that is not registered, or required to be registered, with the Commission in any capacity, that person shall satisfy the requirements of any rule, order, or regulation under this section by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. (3) Sufficiency A written record described in paragraph (2) shall be sufficient if the written record— (A) memorializes the final agreement between the parties, including the material economic terms of the transaction; and (B) is identifiable and searchable by transaction. . 7. Margin requirements (a) Commodity Exchange Act amendment Section 4s(e) of the Commodity Exchange Act (7 U.S.C. 6s(e)) is amended by adding at the end the following: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A) or 2(h)(7)(D), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in that exemption. . (b) Securities Exchange Act amendment Section 15F(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–10(e)) is amended by adding at the end the following: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4). . (c) Implementation The amendments made by this section to the Commodity Exchange Act (1) without regard to— (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 (2) through the promulgation of an interim final rule, pursuant to which public comment is sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of the amendments. 8. Analysis by the Commodity Futures Trading Commission of the costs and benefits of regulations and orders Section 15(a) of the Commodity Exchange Act ( 7 U.S.C. 19(a) (1) In general Before promulgating a regulation under this Act or issuing an order (except as provided in paragraph (3)), the Commission, acting through the Office of the Chief Economist, shall— (A) state a justification for the regulation or order; (B) state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; (C) assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; (D) measure, and seek to improve, the actual results of regulatory requirements; and (E) propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify the costs of the intended regulation or order (recognizing that some benefits and costs are difficult to quantify). (2) Considerations In making a reasoned determination of costs and benefits under paragraph (1), the Commission shall consider— (A) the protection of market participants and the public; (B) the efficiency, competitiveness, and financial integrity of futures and swaps markets; (C) the impact on market liquidity in the futures and swaps markets; (D) price discovery; (E) sound risk management practices; (F) the cost of available alternatives to direct regulation; (G) the degree and nature of the risks posed by various activities within the scope of the jurisdiction of the Commission; (H) whether, consistent with obtaining regulatory objectives, the regulation or order is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations and orders; (I) whether the regulation or order is inconsistent, incompatible, or duplicative of other Federal regulations and orders; and (J) whether, in choosing among alternative regulatory approaches, those approaches maximize net benefits (including potential economic, environmental, and other benefits, distributive impacts, and equity). .

End-User Protection Act of 2014

Historically Black Colleges and Universities Innovation Fund Act of 2014 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive one-year planning grants and five-year implementation grants to historically black colleges or universities to plan, develop, and implement educational innovations. Allows an historically black college or university to apply for such grants by itself or in a consortium with one or more other institutions of higher education, private nonprofit organizations, or local educational agencies (LEAs). Requires implementation grant recipients to use the grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations, including those designed to: improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework and successfully pursue postsecondary studies; improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students from low-income families, such as through activities undertaken in partnership with LEAs and nonprofit organizations; increase the number or percentage of students who enroll in science, technology, engineering, and mathematics (STEM) courses, graduate with STEM degrees, and pursue advanced STEM studies; increase the number or percentage of students who graduate from postsecondary school on time; implement evidence-based improvements to courses to improve student outcomes and reduce students' costs; enhance the quality of teacher preparation programs at historically black colleges or universities; and expand the effective use of technology in higher education. Makes the five-year duration of each implementation grant conditional after the third year of such grant on the Secretary determining that the grantee is achieving satisfactory progress in carrying out its educational innovations. Limits the federal share to not more than 85% of the total cost of carrying out a project funded by an implementation grant.

To establish the Historically Black Colleges and Universities Innovation Fund. 1. Short title This Act may be cited as the Historically Black Colleges and Universities Innovation Fund Act of 2014 2. Historically Black Colleges and Universities Innovation Fund Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. F Historically Black Colleges and Universities Innovation Fund 786. Purpose It is the purpose of this part to assist historically Black colleges and universities in planning, developing, implementing, validating, and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in, persist through, and graduate from historically Black colleges and universities, including initiatives designed to— (1) improve student achievement at historically Black colleges and universities; (2) increase successful recruitment at historically Black colleges and universities of— (A) students from low-income families of all races; (B) adults; and (C) military-affiliated students; (3) increase the rate at which students enrolled in historically Black colleges and universities make adequate or accelerated progress towards graduation and successfully graduate from such colleges and universities; (4) increase the number of students pursuing and completing degrees in science, technology, engineering, and mathematics at historically Black colleges and universities and pursuing graduate work in such fields; (5) enhance the quality of teacher preparation programs offered by historically Black colleges and universities; (6) redesign course offerings and institutional student aid programs to help students obtain meaningful employment; and (7) expand the effective use of technology at historically Black colleges and universities. 787. Definitions In this part: (1) Eligible entity The term eligible entity (A) a part B institution as defined in section 322(2); (B) a part B institution, as so defined, applying in consortium with one or more other institutions of higher education; (C) a part B institution, as so defined, applying in consortium with one or more private nonprofit organizations; (D) a part B institution, as so defined, applying in consortium with one or more local educational agencies; or (E) a part B institution, as so defined, applying in a consortium that includes entities described in more than one of paragraphs (2), (3), or (4). (2) Historically Black college or university The term historically Black college or university part B institution 788. Grants authorized (a) In general With funds made available for this part under section 792, the Secretary shall make competitive planning and implementation grants, as described in subsections (b) and (c), to eligible entities to enable such entities to plan for the implementation of, in the case of a planning grant, and implement, in the case of an implementation grant, innovations authorized under this part and to support the implementation, validation, scaling up, and replication of such innovations. (b) Planning grants (1) In general The Secretary shall use not more than $10,500,000 of the funds made available under section 792 to award planning grants to eligible entities to plan, design, and develop innovations that address the purpose of this part as described in section 786. (2) Duration A planning grant authorized under this subsection shall be for the duration of 1 year. (3) Grant amounts Each planning grant authorized under this subsection shall be of an amount that is not more than $100,000. (c) Implementation grants (1) In general With funds made available for this part under section 792, the Secretary shall award implementation grants to eligible entities to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate innovations that address the purpose of this part as described in section 786. (2) Duration An implementation grant authorized under this subsection shall be for a duration of 5 years, conditional after 3 years upon the eligible entity achieving satisfactory progress towards carrying out the educational innovations, activities, and projects described in section 789(d), as determined by the Secretary. (3) Grant amount Each planning grant authorized under this subsection shall be of an amount that is not more than $10,000,000. (d) Consortium entities (1) Fiscal agent (A) In general In the case of an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for a grant under this part shall agree on 1 such member of such eligible entity to serve as the fiscal agent of such entity. (B) Responsibilities The fiscal agent of an eligible entity, as described in subparagraph (A), shall act on behalf of such entity in performing the financial duties of such entity. (C) Written agreement The agreement described in subparagraph (A) shall be in writing and signed by each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium with the selected fiscal agent for a grant under this part. (2) Subgrants In the case of an entity described in subparagraph (B), (C), (D), or (E) of section 787(1) that receives a grant under this part, the fiscal agent for such entity (as described in paragraph (1)) may make subgrants to another part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for such grant with such fiscal agent. (e) Federal share (1) Planning grants The Federal share of the total cost of carrying out a project funded by a planning grant authorized under subsection (b) shall be 100 percent of such total cost. (2) Implementation grants (A) In general The Federal share of the total cost of carrying out a project funded by an implementation grant authorized under subsection (c) shall be not more than 85 percent of such total cost. (B) Remaining cost An eligible entity that receives a grant under subsection (c) shall provide, from non-Federal sources, an amount equal to not less than 15 percent of the total cost of carrying out the project funded by the grant. Such amount may be provided by in cash or in kind contributions. 789. Applications (a) In general An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Consortium entities An application under this section for a planning grant or an implementation grant by an eligible entity that is a part B institution applying for a grant under this part in consortium with another institution of higher education, private nonprofit organization, or educational agency, as described in subparagraph (B), (C), (D), or (E) of section 787(1), shall include the written agreement described in section 788(d)(1)(C). (c) Planning grants The Secretary shall ensure that the application requirements under this section for a planning grant authorized under section 788(b) include, in addition to the requirement under subsection (b), only the minimal requirements that are necessary to review the proposed process of an eligible entity for the planning and development of one or more educational innovations that address the purpose of this part as described in section 786. (d) Implementation grants An application under this section for an implementation grant authorized under section 788(c) shall include, in addition to the requirement under subsection (b), descriptions of— (1) each educational innovation that the eligible entity will implement using the funds made available by such grant, including, as applicable, a description of the evidence supporting the effectiveness of each such innovation; (2) how each educational innovation proposed to be implemented under such grant will address the purpose of this part, as described in section 786, and how each such innovation will further the institutional or organizational missions of, as applicable, the part B institution and each institution of higher education, private nonprofit organization, and educational agency applying in consortium with such part B institution for such grant; (3) the specific activities that the eligible entity will carry out with funds made available by such grant, including, for a consortium application submitted by an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), a description of the activities that the part B institution and each institution of higher education, private nonprofit organization, and educational agency of the consortium will carry out and a description of the capacity of each such institution, organization, and educational agency to carry out such activities; (4) the performance measures that the eligible entity will use to track its progress in implementing each proposed educational innovation, including a description of how the entity will implement such performance measures and use information on performance to make adjustments and improvements to its implementation activities, as needed, over the course of the grant period; (5) how the eligible entity will provide the amount required under section 788(e)(2)(B); (6) how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant that includes— (A) an interim report (evaluating the progress made in the first 3 years of the grant); and (B) a final report (completed at the end of the grant period); and (7) the plan of the eligible entity for continuing each proposed educational innovation after the grant period has ended. 790. Priority In awarding grants under this part, the Secretary shall give priority to applications that address issues of major national need, including— (1) educational innovations designed to increase the number of African-American males who attain a postsecondary degree; (2) innovative partnerships between part B institutions and local educational agencies that are designed to increase the enrollment and successful completion of historically underrepresented populations in higher education; (3) educational innovations that bring together the resources of part B institutions and partner institutions in support of economic development, entrepreneurship, and the commercialization of funded research and the development of an innovation ecosystem on postsecondary school campuses; (4) educational innovations that support developing programs and initiatives to support undergraduate and graduate programs in science, technology, engineering, and mathematics; and (5) educational innovations described in paragraphs (3) and (6) of section 791(b). 791. Use of funds (a) Planning grants An eligible entity receiving a planning grant authorized under section 788(b) shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes— (1) an assessment of the needs of the part B institution and, in the case of an eligible entity applying in a consortium described in subparagraph (B), (C), (D), or (E) of section 787(1), the needs of such other institution of higher education, private nonprofit organization, or educational agency; (2) research on educational innovations, consistent with the purpose of this part, as described in section 786, to meet the needs described in paragraph (1); (3) the selection of one or more such educational innovations to be implemented; (4) an assessment of the capacity of the part B institution and, in the case of an eligible entity applying in a consortium as described in subparagraph (B), (C), (D), or (E) of section 787(1), the capacity of such other institution of higher education, private nonprofit organization, or educational agency to implement each such educational innovation; and (5) activities to further develop such capacity. (b) Implementation grants An eligible entity receiving an implementation grant under section 788(c) shall use the funds made available by such grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations that address the purpose of this part, as described in section 786, such as educational innovations designed to— (1) improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework (which may be accomplished through the evidence-based redesign of such coursework) and pursue and succeed in postsecondary studies; (2) improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students, including high-achieving students, from low-income families, such as through activities undertaken in partnership with local educational agencies and nonprofit organizations (including the introduction of dual enrollment programs and the implementation of activities designed to enable more students to enter postsecondary education without the need for remediation); (3) increase the number or percentage of students, particularly students who are members of historically underrepresented populations, who enroll in science, technology, engineering, and mathematics courses, graduate with degrees in such fields, and pursue advanced studies in such fields; (4) increase (such as through the provision of comprehensive academic and nonacademic student support services) the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage of students who graduate from postsecondary school on time; (5) implement evidence-based improvements to courses, particularly high-enrollment courses, to improve student outcomes and reduce education costs for students, including costs of remedial courses; (6) enhance the quality of teacher preparation programs at part B institutions, to enable teachers at such institutions to be highly effective in the classroom and to enable such programs to meet the demands for accountability in teacher education; (7) expand the effective use of technology in higher education, such as through inter-institutional collaboration on implementing competency-based technology-enabled delivery models (including hybrid models) or through the use of open educational resources and digital content; and (8) provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs (1) through (7). 792. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020 to carry out the activities under this part. .

Historically Black Colleges and Universities Innovation Fund Act of 2014

Fairness for Fallen Officers Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include a fatal climate-related injury (including hypothermia, heatstroke, and hyperthermia) sustained by a public safety officer who engaged in a situation involving exposure to extreme environmental conditions while on duty as a personal injury for which death benefits shall be provided.

To expand benefits to the families of public safety officers who suffer fatal climate-related injuries sustained in the line of duty and proximately resulting in death. 1. Short title This Act may be cited as the Fairness for Fallen Officers Act of 2014 2. Benefits for families of public safety officers who suffer fatal climate-related injuries Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796 (1) in subsection (k)— (A) in the matter preceding paragraph (1), by striking or vascular rupture vascular rupture, or climate-related injury (B) in paragraph (1)(A), by inserting exposure to extreme environmental conditions, disaster relief, (C) in paragraph (2), by striking or vascular rupture vascular rupture, or climate-related injury (D) in paragraph (3), by striking or vascular rupture vascular rupture, or climate-related injury (E) in the flush text following paragraph (3), by striking or vascular rupture vascular rupture, or climate-related injury (2) by amending subsection (l) to read as follows: (l) For purposes of subsection (k)— (1) the term climate-related injury (2) the term nonroutine stressful or strenuous physical .

Fairness for Fallen Officers Act of 2014

Caring for Military Children with Developmental Disabilities Act of 2014 - Includes in the treatment of military dependents' developmental disabilities under the Department of Defense (DOD) TRICARE program behavioral health treatment, including applied behavior analysis, that is prescribed by a physician or psychologist. Allows such behavioral health treatment to be provided only to the extent that amounts are appropriated in advance for such treatment to a Defense Dependents Developmental Disabilities Account. Establishes in the Treasury the Defense Dependents Developmental Disabilities Account, which is to be separate from the DOD's Defense Health Program Account. Authorizes appropriations for, and transfers funds to, the Defense Dependents Developmental Disabilities Account.

To amend title 10, United States Code, to provide for certain behavioral health treatment under TRICARE for children and adults with developmental disabilities. 1. Short title This Act may be cited as the Caring for Military Children with Developmental Disabilities Act of 2014 2. Behavioral health treatment of developmental disabilities under the TRICARE program (a) Behavioral health treatment of developmental disabilities under TRICARE Section 1077 (g) (1) Subject to paragraph (4), in providing health care under subsection (a), the treatment of developmental disabilities (as defined by section 102(8) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum disorder, shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician or psychologist. (2) In carrying out this subsection, the Secretary shall ensure that— (A) except as provided by subparagraph (B), behavioral health treatment is provided pursuant to this subsection— (i) in the case of such treatment provided in a State that requires licensing or certification of applied behavioral analysts by State law, by an individual who is licensed or certified to practice applied behavioral analysis in accordance with the laws of the State; or (ii) in the case of such treatment provided in a State other than a State described in clause (i), by an individual who is licensed or certified by a State or accredited national certification board; and (B) applied behavior analysis or other behavioral health treatment may be provided by an employee, contractor, or trainee of a person described in subparagraph (A) if the employee, contractor, or trainee meets minimum qualifications, training, and supervision requirements as set forth in applicable State law, by an appropriate accredited national certification board, or by the Secretary. (3) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under— (A) this chapter; (B) title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (C) any other law. (4) (A) Treatment may be provided under this subsection in a fiscal year only to the extent that amounts are provided in advance in appropriations Acts for the provision of such treatment for such fiscal year in the Defense Dependents Developmental Disabilities Account. (B) Funds for treatment under this subsection may be derived only from the Defense Dependents Developmental Disabilities Account. . (b) Defense Dependents Developmental Disabilities Account (1) Establishment (A) In general There is hereby established on the books of the Treasury an account to be known as the Defense Dependents Developmental Disabilities Account Account (B) Separate account The Account shall be a separate account for the Department of Defense, and shall not be a subaccount within the Defense Health Program account of the Department. (2) Elements The Account shall consist of amounts authorized to be appropriated or transferred to the Account. (3) Excluded sources of elements Amounts in the Account may not be derived from transfers from the following: (A) The Department of Defense Medicare-Eligible Retiree Health Care Fund under chapter 56 (B) The Coast Guard Retired Pay Account. (C) The National Oceanic and Atmospheric Administration Operations, Research, and Facilities Account. (D) The Public Health Service Retirement Pay and Medical Benefits for Commissioned Officers Account. (4) Availability Amounts in the Account shall be available for the treatment of developmental disabilities in covered beneficiaries pursuant to subsection (g) of section 1077 of title 10, United States Code (as added by subsection (a)). Amounts in the Account shall be so available until expended. (5) Funding (A) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Defense for the Defense Dependents Developmental Disabilities Account, $20,000,000. (B) Transfer for continuation of existing services From amounts authorized to be appropriated for the Department of Defense for the Defense Health Program for fiscal year 2015, the Secretary of Defense shall transfer to the Defense Dependents Developmental Disabilities Account $250,000,000.

Caring for Military Children with Developmental Disabilities Act of 2014

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 - Amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include: (1) a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or (2) in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].) Revises the VA definition of "small business concern owned and controlled by veterans" to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs. Provides that if the death of a service-disabled veteran causes a small business concern to be less than 51% owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall be treated as if the surviving spouse were that veteran for the purpose of maintaining the business's eligibility for such contracting programs until the earliest of the following dates: (1) the date on which the surviving spouse either remarries or relinquishes the ownership interest, (2) 10 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as 100% disabling or who dies as a result of a service-connected disability, or (3) 3 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100% disabling who does not die as a result of a service-connected disability. (Currently, the SBA program does not provide such treatment for surviving spouses while the VA program provides such treatment only until remarriage, ownership relinquishment, or for 10 years with respect to surviving spouses of veterans with a 100% disabling service-connected disability or who die as a result of a service-connected disability.) Requires a Comptroller General (GAO) report on the advisability of the SBA or the VA having government-wide responsibility for verifying businesses purporting to be small business concerns owned and controlled by service-disabled veterans.

To amend the Small Business Act and title 38, United States Code, to provide for a consolidated definition of a small business concern owned and controlled by veterans, and for other purposes. 1. Short title This Act may be cited as the Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 2. Small Business definition of small business concern consolidated Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended— (1) by amending paragraph (2) to read as follows: (2) Small business concern owned and controlled by service-disabled veterans The term small business concern owned and controlled by service-disabled veterans (A) (i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or (B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans. ; and (2) by adding at the end the following: (6) Treatment of Businesses After Death of Veteran-Owner (A) In general If the death of a service-disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service-disabled veterans. (B) Period described The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on 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. (iii) 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. . 3. Veterans Affairs Definition of small business concern consolidated Section 8127 (1) by striking subsection (h); and (2) in subsection (l)(2), by striking means has the meaning given that term under section 3(q) of the Small Business Act (15 U.S.C. 632(q)). 4. GAO report on verification of status Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Veterans' Affairs and the Committee on Small Business of the House of Representatives a report— (1) evaluating whether it is practicable for the Administrator of the Small Business Administration or the Secretary of Veterans Affairs to have Government-wide responsibility for verifying whether a business concern purporting to be a small business concern owned and controlled by service-disabled veterans (as defined under section 3(q) of the Small Business Act (15 U.S.C. 632(q)), as amended by this Act) qualifies as a small business concern owned and controlled by service-disabled veterans; and (2) making recommendations on the advisability of the Administrator of the Small Business Administration or the Secretary of Veterans Affairs having such Government-wide responsibility.

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014

Future Logging Careers Act - Amends the Fair Labor Standards Act of 1938 to make the restrictions on oppressive child labor inapplicable to employment of an employee age 16 or 17 by a parent, or a person standing in place of a parent, in a logging or mechanized operation owned or operated by that parent or person.

To exempt certain 16- and 17-year-old children employed in logging or mechanized operations from child labor laws. 1. Short title This Act may be cited as the Future Logging Careers Act 2. Child labor law exemptions for logging and mechanized operations The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (1) in section 3 ( 29 U.S.C. 203 (A) in subsection (l), by adding at the end the following: , and that employment of employees ages sixteen or seventeen years in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children of such ages shall not be deemed to constitute oppressive child labor if such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person (B) by adding at the end the following: (z) (1) Logging (A) means— (i) the felling of timber in mechanized operations; (ii) the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; (iii) the collecting, skidding, yarding, loading, transporting and unloading of such products in connection with logging; (iv) the constructing, repairing and maintaining of roads or camps used in connection with logging; (v) the constructing, repairing, and maintenance of machinery or equipment used in logging; and (vi) other work performed in connection with logging; and (B) does not include the manual use of chain saws to fell and process timber and the use of cable skidders to bring the timber to the landing. (2) Mechanized operation (A) means the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders; and (B) includes whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull thru delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders. ; and (2) in section 13(c) ( 29 U.S.C. 211(c) (8) The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person. .

Future Logging Careers Act

Let Seniors Work Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) eliminate the payroll tax for individuals who have attained retirement age, and (2) remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.

To eliminate the payroll tax for individuals who have attained retirement age, to amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes. 1. Short title This Act may be cited as the Let Seniors Work Act of 2014 2. Elimination of payroll tax for individuals who have attained retirement age (a) In general Section 230 of the Social Security Act ( 42 U.S.C. 430 (1) in subsection (a), by striking subsection (b) or (c) subsection (b), (c), or (e) (2) in subsection (b), by striking subsection (c) subsections (c) and (e) (3) by adding at the end the following new subsection: (e) Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 2014 for any individual who has attained retirement age (as defined in section 216(l)(1)) shall be reduced to zero. . (b) Effective date The amendments made by this section shall apply to remuneration paid in any calendar year after 2014. 3. Repeal of provisions relating to deductions on account of work (a) In general Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act ( 42 U.S.C. 403 (b) Conforming amendments Section 203 of such Act (as amended by subsection (a)) is further amended— (1) in subsection (c), by redesignating such subsection as subsection (b), and— (A) by striking Noncovered Work Outside the United States or (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking For purposes of paragraphs (2), (3), and (4) For purposes of paragraphs (1), (2), and (3) (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking subsections (c) and (d) subsection (b) (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking subsection (c) subsection (b) (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking subsection (g) or (h)(1)(A) subsection (d) 4. Additional conforming amendments (a) Provisions relating to benefits terminated upon deportation Section 202(n)(1) of the Social Security Act ( 42 U.S.C. 402(n)(1) Section 203 (b), (c), and (d) Section 203(b) (b) Provisions relating to exemptions from reductions based on early retirement (1) Section 202(q)(5)(B) of such Act ( 42 U.S.C. 402(q)(5)(B) section 203(c)(2) section 203(b)(1) (2) Section 202(q)(7)(A) of such Act ( 42 U.S.C. 402(q)(7)(A) deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b) deductions on account of work under section 203 or deductions under section 222(b) (c) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits (1) Section 202(s)(1) of such Act ( 42 U.S.C. 402(s)(1) paragraphs (2), (3), and (4) of section 203(c) paragraphs (1), (2), and (3) of section 203(b) (2) Section 202(s)(3) of such Act ( 42 U.S.C. 402(s)(3) The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections Subsections (d) Provisions relating to suspension of aliens' benefits Section 202(t)(7) of such Act ( 42 U.S.C. 402(t)(7) Subsections (b), (c), and (d) Subsection (b) (e) Provisions relating to reductions in benefits based on maximum benefits Section 203(a)(3)(B)(iii) of such Act ( 42 U.S.C. 403(a)(3)(B)(iii) and subsections (b), (c), and (d) and subsection (b) (f) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work Section 208(a)(1)(C) of such Act ( 42 U.S.C. 408(a)(1)(C) under section 203(f) of this title for purposes of deductions from benefits under section 203 for purposes of deductions from benefits on account of work (g) Provisions taking into account earnings in determining benefit computation years Subclause (I) in the next to last sentence of section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) no earnings as described in section 203(f)(5) in such year no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year (h) Provisions relating to rounding of benefits Section 215(g) of such Act ( 42 U.S.C. 415(g) and any deduction under section 203(b) (i) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals The second sentence of section 223(d)(4)(A) of such Act ( 42 U.S.C. 423(d)(4)(A) if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted if the amendments to section 203 made by section 102 of the Senior Citizens Right to Work Act of 1996 and by the Social Security Earnings Test Repeal Act of 2014 (j) Provisions defining income for purposes of SSI Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) (1) by striking as determined under section 203(f)(5)(C) as defined in the last two sentences of this subsection (2) by adding at the end (after and below paragraph (2)(H)) the following: For purposes of paragraph (1)(A), the term wages wages . (k) Repeal of deductions on account of work under the Railroad Retirement Program (1) In general Section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments (A) Section 3(f)(1) of such Act ( 45 U.S.C. 231b(f)(1) before any reductions under the provisions of section 2(f) of this Act, (B) Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) (i) in clause (i), by striking shall, before any deductions under section 2(g) of this Act, shall (ii) in clause (ii), by striking any deductions under section 2(g) of this Act and before 5. Effective date The amendments and repeals made by sections 3 and 4 of this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.

Let Seniors Work Act of 2014

Hmong Veterans' Service Recognition Act - Authorizes burial in any open national cemetery under the control of the National Cemetery Administration of the remains of any individual: (1) who was naturalized pursuant to the Hmong Veterans' Naturalization Act of 2000 and who resided in the United States at the time of death; or (2) who the Secretary of Veterans Affairs (VA) determines served with a special guerrilla unit or irregular forces operating from a base in Laos in support of the U.S. Armed Forces between February 28, 1961, and May 7, 1975, and who, at the time of death, resided in the United States and was a U.S. citizen or an alien lawfully admitted for permanent residence.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to inter in national cemeteries individuals who supported the United States in Laos during the Vietnam War era. 1. Short title This Act may be cited as the Hmong Veterans’ Service Recognition Act 2. Eligibility for interment in national cemeteries (a) In general Section 2402(a) (10) Any individual— (A) who— (i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 (ii) at the time of the individual’s death resided in the United States; or (B) who— (i) the Secretary determines served with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces of the United States at any time during the period beginning February 28, 1961, and ending May 7, 1975; and (ii) at the time of the individual’s death— (I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and (II) resided in the United States. . (b) Effective date The amendment made by this Act shall apply with respect to an individual dying on or after the date of the enactment of this Act.

Hmong Veterans' Service Recognition Act

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) United States Anti-Doping Agency Reauthorization Act - Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to: (1) authorize appropriations for the U.S. Anti-Doping Agency for FY2014-FY2020, (2) require that the Agency be recognized worldwide as the independent national anti-doping organization for the United States, and (3) replace the Agency's role in preventing the use by U.S. amateur athletes of performance-enhancing genetic modifications accomplished through gene doping with a role in preventing the use of prohibited performance-enhancing methods adopted by the Agency.

To reauthorize the United States Anti-Doping Agency, and for other purposes. 1. Short title This Act may be cited as the United States Anti-Doping Agency Reauthorization Act 2. Prohibit performance-enhancing methods Section 701 of title VII of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2001 (1) in subsection (a), by striking paragraph (4); and (2) in subsection (b)— (A) in paragraph (1), by inserting and be recognized worldwide as the independent national anti-doping organization for the United States Committee (B) in paragraph (2), by striking , or performance-enhancing genetic modifications accomplished through gene-doping or prohibited performance-enhancing methods adopted by the Agency (C) in paragraph (3), by striking , or performance-enhancing genetic modifications accomplished through gene-doping or prohibited performance-enhancing methods adopted by the Agency (D) in paragraph (4), by striking and the prevention of use of performance-enhancing drugs, or performance-enhancing genetic modifications accomplished through gene-doping by United States amateur athletes; and , and the prevention of use by United States amateur athletes of performance-enhancing drugs or prohibited performance-enhancing methods adopted by the Agency. (E) by striking paragraph (5). 3. Authorization of appropriations Section 703 of title VII of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2003 703. Authorization of appropriations There are authorized to be appropriated to the United States Anti-Doping Agency— (1) for fiscal year 2014, $11,300,000; (2) for fiscal year 2015, $11,700,000; (3) for fiscal year 2016, $12,300,000; (4) for fiscal year 2017, $12,900,000; (5) for fiscal year 2018, $13,500,000; (6) for fiscal year 2019, $14,100,000; and (7) for fiscal year 2020, $14,800,000. . December 1, 2014 Reported without amendment

United States Anti-Doping Agency Reauthorization Act

State Exchange Accountability Act - Amends the Patient Protection and Affordable Care Act to require a state to reimburse the federal government for the amount of establishment or early innovator grants the state received to operate a health care exchange if it operated an exchange in 2014 but subsequently elected to provide for enrollment in qualified health plans solely through the federal health care exchange. Requires that: (1) reimbursement be made in full within 10 years of such election, pursuant to an agreement with the Department of Health and Human Services (HHS); and (2) in case of failure to enter such an agreement, the Secretary of HHS shall reduce the state's Medicaid funding for 10 fiscal years in an aggregate amount equal to the reimbursement amount.

To amend the Patient Protection and Affordable Care Act to require States with failed American Health Benefit Exchanges to reimburse the Federal Government for amounts provided under grants for the establishment and operation of such Exchanges. 1. Short title This Act may be cited as the State Exchange Accountability Act 2. Reimbursing the Federal Government for failed State Exchange grants Section 1311(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(a) (6) Reimbursement in the case of failed Exchanges (A) In general In the case of a State that has received one or more establishment or early innovator grants under this subsection and which operated a State-based Exchange in program year 2014, if such State subsequently elects to provide solely for the enrollment of its residents in qualified health plans through the Federally Facilitated Exchange, such State shall reimburse the Federal Government for the aggregate amounts provided to the State under such grant or grants. (B) Reimbursement agreements Reimbursement shall be provided to the Federal Government by a State under this paragraph pursuant to the terms of an agreement entered into by the State and the Department of Health and Human Services that, at a minimum, shall require that— (i) such reimbursement be made, in full, within the 10-year period beginning on the date on which the State makes the election described in paragraph (1); and (ii) that the State make an annual payment in an amount equal to 10 percent of the total amount provided to the State under the grant or grants awarded to the State under this subsection. (C) No reduction in amount The Federal Government shall not reduce the amount of the reimbursement required to be provided by a State under this paragraph. (D) Failure to enter into agreement In the case of a State described in subparagraph (A) that fails to enter into an agreement under subparagraph (B), the Secretary shall reduce the amount to be paid to the State under title XIX of the Social Security Act for each of the 10 fiscal years beginning with the first fiscal year that begins after the date of the election described in subparagraph (A) by the State. The amount of each such reduction shall be uniform and shall in the aggregate equal the total amount of the reimbursement required under this paragraph. (E) Deficit reduction Amounts paid by a State under this section shall be placed in the General Fund of the Treasury to be used for deficit reduction. .

State Exchange Accountability Act

Simplifying Financial Aid for Students Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary of Education to provide for the use of data from the second preceding tax year when and to the extent necessary to carry out the simplification of applications used in estimating and determining financial aid eligibility. Requires such simplification to include data sharing between the Internal Revenue Service (IRS) and the Department of Education, pursuant to taxpayer consent. Increases (from $23,000 to $30,000) the limit on the adjusted gross income that parents, in the case of dependent students, and students and their spouses, in the case of independent students with dependents other than a spouse, may make if those students are to be considered as having zero expected family contribution in the determination of their need for financial aid.

To amend the Higher Education Act of 1965 to require the Secretary to provide for the use of data from the second preceding tax year to carry out the simplification of applications for the estimation and determination of financial aid eligibility, to increase the income threshold to qualify for zero expected family contribution, and for other purposes. 1. Short title This Act may be cited as the Simplifying Financial Aid for Students Act of 2014 2. Using data for second preceding year Section 480(a)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(a)(1)(B) (B) Notwithstanding section 478(a) and beginning not later than 180 days after the date of enactment of the Simplifying Financial Aid for Students Act of 2014 . 3. Zero Expected Family Contribution Section 479(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ss(c) (1) in paragraph (1)(B), by striking $23,000 $30,000 (2) in paragraph (2)(B), by striking $23,000 $30,000

Simplifying Financial Aid for Students Act of 2014

Revises the conditions for payment of expenses to military personnel to obtain professional credentials to include those for federal occupational licenses. Adds as conditions for such payment that the credentials be necessary to meet: (1) readiness requirements or professional occupational development goals of the particular armed force or the member's self-development needs; and (2) certain International Organization for Standardization/International Electrotechnical Commission accreditation standards, with exceptions for a credentialing agency that agrees to seek to obtain compliance certification within three years. Authorizes the payment of the expenses from amounts available for tuition assistance for members under the jurisdiction of the appropriate Secretary. Defines "expenses" as those for classroom instruction, hands-on training (and associated materials), manuals, study guides and materials, textbooks, and processing, test, and related fees.

To amend title 10, United States Code, to enhance the authority for members of the Armed Forces to obtain professional credentials. 1. Enhancement of authority for members of the Armed Forces to obtain professional credentials (a) In general Paragraph (1) of subsection (a) of section 2015 professional accreditation certification State-imposed licenses, Federal occupational licenses, and professional certification (b) Limitations Subsection (b) of such section is amended— (1) by inserting (1) The authority (2) by adding at the end the following new paragraphs: (2) The authority under subsection (a) may not be used to pay the expenses of a member to obtain professional credentials unless such credentials are recognized and approved by the armed force concerned as necessary to meet— (A) readiness requirements or professional occupational development goals of such armed force; or (B) the self-development requirements of the member. (3) Except as provided in paragraph (4), the authority under subsection (a) may not be used to pay the expenses of obtaining professional credentials unless— (A) such credentials are accredited under International Organization for Standardization/International Commission (ISO/IEC) Standard 17024–2012, entitled General Requirements for Bodies Operating Certification of Persons (B) the entity accrediting such credentials provides documentary evidence to the Secretary of Defense that it complies International Organization for Standardization/International Commission Standard 17011, entitled Conformity assessment—General requirements for accreditation bodies accrediting conformity assessment bodies (4) During the three-year period beginning on the date of the authorization of the Credentialing agency by the Department of Defense, the authority under subsection (a) may be used to pay the expenses of obtaining professional credentials from an entity not complying with the Standards referred to in paragraph (3) if the entity certifies in writing to the Secretary of Defense that the entity agrees to seek to obtain certification of compliance with the Standards before the end of such period. . (c) Funds available Such section is further amended— (1) in subsection (a), by striking may pay may, using funds described in subsection (c), pay (2) by adding at the end the following new subsection: (c) Funds available Payments may be made under the authority under subsection (a) by the Secretary making such payments from amounts available to such Secretary for tuition assistance for members under the jurisdiction of such Secretary. . (d) Covered expenses Such section is further amended by adding at the end the following new subsection: (d) Expenses defined In this section, the term expenses .

A bill to amend title 10, United States Code, to enhance the authority for members of the Armed Forces to obtain professional credentials.

Stop Subsidizing Childhood Obesity Act - Amends the Internal Revenue Code to deny a tax deduction for any business expenses: (1) for advertising or marketing primarily directed at children (defined as individuals under the age of 14) to promote the consumption by such children of food of poor nutritional quality or of a brand primarily associated with food of poor nutritional quality that is primarily directed at children; and (2) for related expenses, including for travel, goods or services constituting entertainment, amusement, or recreation, gifts, or other promotion expenses. Directs the Secretary of the Treasury to enter into a contract with the Institute of Medicine to develop procedures to evaluate and identify food of poor nutritional quality and brands that are primarily associated with such food. Authorizes additional funding to carry out the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch Act.

To amend the Internal Revenue Code of 1986 to protect children’s health by denying any deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality. 1. Short title This Act may be cited as the Stop Subsidizing Childhood Obesity Act 2. Findings Congress finds the following: (1) Childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years. Currently, more than one-third of children and adolescents are overweight or obese. (2) A report by the Robert Wood Johnson Foundation found that if the population of the United States continues on its current trajectory, adult obesity rates could exceed 60 percent in a number of States by 2030. (3) Health-related behaviors, such as eating habits and physical activity patterns, develop early in life and often extend into adulthood. The diets of American children and adolescents depart substantially from recommended patterns that put their health at risk. Overall, American children and youth are not achieving basic nutritional goals. They are consuming excess calories and added sugars and have higher than recommended intakes of sodium, total fat, and saturated fats. (4) Budgets for food marketing to children have spiked into the billions of dollars. According to a 2012 report from the Federal Trade Commission, the total amount spent on food marketing to children is about $2 billion a year. (5) Companies market food to children through television, radio, Internet, magazines, product placement in movies and video games, schools, product packages, toys, clothing and other merchandise, and almost anywhere a logo or product image can be shown. (6) According to a comprehensive review by the National Academies’ Institute of Medicine, studies demonstrate that television food advertising affects children’s food choices, food purchase requests, diets, and health. (7) A 2005 report from the Institute of Medicine confirmed that aggressive marketing of high-calorie foods to children and adolescents has been identified as one of the major contributors to childhood obesity (8) Nearly three-quarters of the foods advertised on television shows intended for children are for sweets and convenience or fast foods. (9) A study published in the Journal of Law and Economics and funded by the National Institutes of Health found that the elimination of the tax deduction that allows companies to deduct costs associated with advertising food of poor nutritional quality to children could reduce the rates of childhood obesity by 5 to 7 percent. 3. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality (a) In general Part IX of subchapter B of chapter 1 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality (a) In general No deduction shall be allowed under this chapter with respect to— (1) any advertisement or marketing— (A) primarily directed at children for purposes of promoting the consumption by children of any food of poor nutritional quality, or (B) of a brand primarily associated with food of poor nutritional quality that is primarily directed at children, and (2) any of the following which are incurred or provided primarily for purposes described in paragraph (1): (A) Travel expenses (including meals and lodging). (B) Goods or services of a type generally considered to constitute entertainment, amusement, or recreation or the use of a facility in connection with providing such goods and services. (C) Gifts. (D) Other promotion expenses. (b) IOM Study (1) In general Not later than 60 days after the date of the enactment of this section, the Secretary shall enter into a contract with the Institute of Medicine under which the Institute of Medicine shall develop procedures for the evaluation and identification of— (A) food of poor nutritional quality, and (B) brands that are primarily associated with food of poor nutritional quality. (2) IOM Report Not later than 12 months after the date of the enactment of this section, the Institute of Medicine shall submit to the Secretary a report that establishes the proposed procedures described in paragraph (1). (c) Definitions In this section: (1) Brand The term brand (2) Child The term child (3) Food The term food (4) Marketing The term marketing (A) advertising (including product placement) on television and radio, in print media, in social media, and on the Internet (including third-party and company-sponsored websites), (B) the use of characters or mascots, themes, activities, incentives, or any other advertising or promotional techniques contained on the packaging or labeling of a product, (C) advertising preceding a movie shown in a movie theater or placed on a video (DVD or VHS) or within a video game or mobile application, (D) promotional content transmitted to televisions, personal computers, and other digital or mobile devices, (E) advertising displays and promotions at the retail site or events, (F) specialty or premium items distributed in connection with the sale of a product or a product loyalty program, (G) character licensing, toy co-branding and cross-promotions, (H) celebrity and athlete endorsements, and (I) any advertising or promotional techniques used within a school. (d) Regulations Not later than 18 months after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and the Federal Trade Commission, shall promulgate such regulations as may be necessary to carry out the purposes of this section, including regulations defining the terms directed at children food of poor nutritional quality brand primarily associated with food of poor nutritional quality . (b) Clerical amendment The table of sections for such part IX is amended by adding at the end the following new item: Sec. 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality. (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning 24 months after the date of the enactment of this Act. 4. Additional funding for the Fresh Fruit and Vegetable Program In addition to any other amounts made available to carry out the Fresh Fruit and Vegetable Program under section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a

Stop Subsidizing Childhood Obesity Act

Speak Up to Protect Every Abused Kid Act - Expresses the sense of Congress with respect to abused children. Amends the Child Abuse Prevention and Treatment Act (CAPTA) to direct the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain specified assurances about: (1) state laws or programs that include procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to state child protective services agencies or to law enforcement agencies; (2) procedures to ensure coordination between the state law or statewide program and relevant law enforcement and state or community-based victims' services agencies with respect to referrals of child victims of acts by a perpetrator other than a parent or caretaker that would otherwise be considered child abuse or neglect; and (3) primary state responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in the state, even if the child or alleged perpetrator resides in a different state. Requires a state law to require certain licensed, certified, or professional individuals to report suspected or known incidents of child abuse or neglect. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will support training for adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.

To amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes. 1. Short title This Act may be cited as the Speak Up to Protect Every Abused Kid Act 2. Sense of Congress It is the sense of Congress that— (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2012 indicate that 678,810 children in the United States were reported as being victims of child abuse or neglect, and 11,539 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. 3. Educational campaigns and training The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 ( 42 U.S.C. 5104 103A. Educational campaigns and training (a) In general The Secretary shall make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding State laws for mandatory reporting of incidents of child abuse or neglect. (b) Guidance and information on best practices The Secretary shall develop and disseminate guidance and information on best practices for— (1) educational campaigns to educate members of the public about— (A) the acts and omissions that constitute child abuse or neglect under State law; (B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and (C) the resources available to struggling families to help prevent child abuse and neglect; and (2) evidence-based or evidence-informed training programs to improve such reporting by adults, with a focus on adults who work with children in a professional or volunteer capacity. (c) Applications To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). (d) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015 and $10,000,000 for each of fiscal years 2016 through 2019. . 4. Grants to States for child abuse or neglect prevention and treatment programs Section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) (1) in paragraph (2)— (A) in subparagraph (B), by striking (B) an assurance (B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes— (i) provisions or procedures for an individual described in paragraph (5) to report suspected or known incidents of child abuse or neglect to a State child protective service agency or to a law enforcement agency, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any individual described in paragraph (5), in accordance with paragraph (6); ; (B) in subparagraph (F), by striking ; and ; (C) in subparagraph (G), by striking the period at the end and inserting ; (D) by inserting after subparagraph (G) the following: (H) an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph (B) and relevant law enforcement and State or community-based victims’ services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such act were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program; and (I) an assurance that the State will— (i) take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that State, even if the child or the alleged perpetrator resides in a different State; (ii) in the case of a State that takes primary responsibility to investigate a report as described in clause (i), share the results of the investigation with the State where the child resides and with the State where the alleged perpetrator resides; and (iii) in the case of a State in which the child or alleged perpetrator resides, but where the alleged incident did not occur, establish a plan to assist the State with primary responsibility for the investigation. ; and (2) by adding at the end the following: (5) Individuals required to report suspected or known child abuse or neglect To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: (A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. (B) Individuals employed by a school who have direct contact with children, including teachers, administrators, and independent contractors. (C) Peace officers and law enforcement personnel. (D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. (E) Day care and child care operators and employees. (F) Employees of social services agencies who have direct contact with children in the course of employment. (G) Foster parents. (H) Court appointed special advocates (employees and volunteers). (I) Camp and after-school employees. (J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. (K) Other individuals, as the applicable State law or statewide program may require. (6) Reporting requirement To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency (as applicable under State law) and, if applicable, to the individual's supervisor or employer. . 5. Approaches and techniques to improve reporting (a) Eligibility Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5107c(b)) is amended— (1) in paragraph (4)— (A) in subparagraph (A), by striking and (B) by adding at the end the following: (C) support training for adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and ; and (2) in paragraph (5), by inserting before the period and the training described in paragraph (4)(C) (b) State task force study Section 107(d) of such Act ( 42 U.S.C. 5107c(d) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period and inserting ; and (3) by inserting after paragraph (2) the following: (3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law. . (c) Adoption of recommendations Section 107(e)(1) of such Act ( 42 U.S.C. 5107c(e)(1) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period and inserting ; and (3) by adding at the end the following: (D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies. . 6. General program grants Section 108 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106d (f) Mandatory reporting To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i). . 7. Reports Section 110 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106f (e) Study and report on State mandatory reporting laws (1) Study Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act (2) Report (A) In general Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act (B) Contents The report submitted under subparagraph (A) shall— (i) provide an update on— (I) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and (II) State efforts to improve reporting on, and responding to reports of, child abuse or neglect; and (ii) include data regarding any changes in the rate of substantiated child abuse reports and changes in the rate of child abuse fatalities since the date of enactment of the Speak Up to Protect Every Abused Kid Act . 8. Community-based grants Section 204 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116d (1) in paragraph (11), by striking and (2) in paragraph (12), by striking the period and inserting ; and (3) by adding at the end the following: (13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i). . 9. Effective date (a) In general Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory reporting requirements The amendments made by sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and applications submitted after the date that is 2 years after the date of enactment of this Act.

Speak Up to Protect Every Abused Kid Act

RETURNED FOR REVISIONS Justice for Amy Act of 2014 - Amends federal criminal code provisions concerning mandatory restitution to require a court to apply the principle of aggregate causation to determine the full amount of the victim's losses caused by a child pornography offense and all related sexual abuse offenses committed by all persons against the victim. Makes a defendant convicted of such an offense jointly and severally liable for the victim's losses. Requires each defendant found jointly and severally liable to pay an equal percentage of such losses. Allows: (1) a defendant convicted of such an offense to bring a civil action in U.S. district court, based upon a preponderance of the evidence, for contribution against all other persons who have committed such an offense against the victim; and (2) a person who has been held jointly or severally liable in a civil action to bring suit in U.S. district court for contribution against all others who have committed such an offense against the victim. Directs the Attorney General to submit to Congress a report on the efforts of the Department of Justice (DOJ) to collect restitution for victims of child pornography.

To amend section 2259 1. Short title This Act may be cited as the Justice for Amy Act of 2014 2. Mandatory restitution Section 2259 2259. Mandatory restitution (a) Mandatory restitution (1) In general Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. (2) Requirements Under this section— (A) the issuance of a restitution order is mandatory; and (B) a court may not decline to issue a restitution order because of— (i) the economic circumstances of the defendant; or (ii) the fact that a victim has received, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source. (b) Restitution for child pornography offenses (1) Calculation of victim's losses For a victim of a child pornography offense, the court shall apply the principle of aggregate causation to determine the full amount of the victim's losses caused by the child pornography offense and all related sexual abuse offenses committed by all persons against the victim. The amount of victim's losses shall include any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, as well as other costs incurred; and (F) any other losses aggregately caused by the offenses. (2) Enforcement An order of restitution for a child pornography offense shall— (A) direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses determined under paragraph (1); and (B) be issued and enforced in accordance with subsections (a) through (d) and subsections (f) through (p) of section 3664. (3) Joint and several liability A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim shall be jointly and severally liable for the victim's losses determined under paragraph (1) and each defendant found to be jointly and severally liable shall pay an equal percentage of such losses. (4) Contribution (A) Suit by convicted defendants A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim may bring a civil action in a district court of the United States, based upon a preponderance of the evidence, for contribution against all other persons who have committed a related sexual abuse offense against the victim. (B) Suit by other persons A person who has been held jointly or severally liable in a civil action under subparagraph (C)(iii) may bring a civil action in a district court of the United States for contribution against all other persons who have committed a related sexual abuse offense against the victim. (C) Requirements for civil action In a civil action filed under subparagraph (A) or (B)— (i) the identity of the respondent in the civil action shall be kept confidential if the respondent has not been convicted of the offense alleged in the civil action, except that the identity of the respondent— (I) may be released by the Court to a Federal or local law enforcement agency for law enforcement purposes; and (II) shall be made public if the respondent— (aa) enters into a settlement agreement in the civil action; or (bb) is held liable in the civil action; (ii) the court shall determine whether the petitioner is entitled to contribution based on a preponderance of the evidence; (iii) the court shall determine whether the respondent has committed a related sexual abuse offense against the victim based on a preponderance of the evidence; (iv) if the court finds that the respondent has committed a related sexual abuse offense against the victim, the respondent shall be jointly and severally liable for the victim's losses determined under paragraph (1); (v) the court shall order each person found to be jointly and severally liable for the victim's losses determined under paragraph (1) to pay an equal percentage of such losses; and (vi) in the case of a settlement agreement, if the petitioner has not paid in full the amount owed to the victim under an order of restitution entered under this section, any payment agreed to be made by the respondent shall be paid directly to the victim. (c) Restitution for other offenses under this chapter (1) Calculation of victim's losses The order of restitution for an offense committed under this chapter, other than a child pornography offense, shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses suffered as a proximate result of the defendant's offense. The amount shall include any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, as well as other costs incurred; and (F) any other losses proximately caused by the offense. (2) Enforcement An order of restitution for an offense committed under this chapter, other than a child pornography offense, shall be issued and enforced in accordance with section 3664. (d) Definitions For purposes of this section— (1) the term child pornography offense (2) the term related sexual abuse offense (3) the term victim . 3. Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the efforts of the Department of Justice to collect restitution for victims of child pornography.

Justice for Amy Act of 2014

Sustainable Water Infrastructure Investment Act of 2013 [sic] - Amends the Internal Revenue Code to exempt from state volume caps tax-exempt facility bonds for sewage and water supply facilities.

To amend the Internal Revenue Code of 1986 to provide that the volume cap for private activity bonds shall not apply to bonds for facilities for the furnishing of water and sewage facilities. 1. Short title This Act may be cited as the Sustainable Water Infrastructure Investment Act of 2013 2. Findings and purpose (a) Findings Congress finds the following: (1) Our Nation’s water and wastewater systems are among the best in the world, providing safe drinking water and sanitation to our citizens. (2) In addition to protecting the health of our citizens, community water systems are essential to our local economies, enabling industries to achieve growth and productivity that make America strong and prosperous. (3) Regulated under title XIV of the Public Health Service Act ( 42 U.S.C. 300f et seq. Safe Drinking Water Act 33 U.S.C. 1251 et seq. (4) Water and wastewater infrastructure is comprised of a mixture of old and new technology. In many local communities across the Nation, the old infrastructure has deteriorated to critical conditions and is very costly to replace. Recent government studies have estimated costs of $500,000,000,000 to $800,000,000,000 over the next 20 years for maintaining and improving the existing inventory, building new infrastructure, and meeting new water quality standards. (5) The historical approach of funding infrastructure is insufficient to meet the investment needs of the future. (6) The Federal partnership with State and local communities has played a pivotal role in improving the Nation’s water quality and drinking water supplies. Federal assistance under this partnership has been the linchpin of these improvements. (7) In light of constrained Federal budgets, the availability of exempt-facility financing represents an important financing tool to help close the gap between funds currently being invested and water infrastructure needs, preserving the Federal partnership. (8) Providing alternative financing solutions, such as tax-exempt securities, encourages investment in water and wastewater infrastructure that in turn creates local jobs and protects the health of our citizens. (9) Federally mandated State volume cap restrictions in conjunction with other priorities have limited the use of tax-exempt securities on water and wastewater infrastructure investment. (10) Removal of State volume caps for water and wastewater infrastructure will accelerate and increase overall investment in the Nation’s critical water infrastructure; facilitate increased use of innovative infrastructure delivery methods supporting sustainable water systems through public-private partnerships that optimize design, financing, construction, and long-term management, maintenance and viability; and provide for more effective risk management of complex water infrastructure projects by municipal utility and private sector partners. (b) Purpose The purpose of this Act is to provide alternative financing for long-term infrastructure capital investment programs, and to restore the Nation’s safe drinking water and wastewater infrastructure capability and protect the health of our citizens. 3. Exempt-facility bonds for sewage and water supply facilities (a) Bonds for water and sewage facilities exempt from volume cap on private activity bonds Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 is amended by inserting (4), (5), (2), (b) Conforming change Paragraphs (2) and (3)(B) of section 146(k) of the Internal Revenue Code of 1986 are both amended by striking (4), (5), (6), (6) (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Sustainable Water Infrastructure Investment Act of 2013

National Discovery Trails Act of 2014 - Amends the National Trails System Act to establish national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Authorizes the designation of such trails on federal lands and, with the consent of the owner, on non-federal lands. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, splitting into northern and southern routes at Cincinnati, Ohio, and rejoining at Denver, Colorado. Sets forth requirements for designation of a trail as a national discovery trail. Requires the appropriate Secretary for each national discovery trail to: (1) administer the trail in cooperation with a competent trailwide volunteer-based organization; and (2) submit a comprehensive plan for the protection, management, development, and use of such trail.

To amend the National Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes. 1. Short title This Act may be cited as the National Discovery Trails Act of 2014 2. National Trails System Act amendments (a) National discovery trails Section 3(a) of the National Trails System Act ( 16 U.S.C. 1242(a) (5) National discovery trails, established under section 5, which will be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America’s trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back country regions of the Nation. Any such trail may be designated on Federal lands and, with the consent of the owner thereof, on any non-Federal lands. . (b) Designation of the American discovery trail as a national discovery trail Section 5(a) of such Act ( 16 U.S.C. 1244(a) (31) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected Federal land managing agencies, and State and local governments, as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall not apply to the American Discovery Trail. . (c) Comprehensive national discovery trail plan Section 7 of such Act (16 U.S.C. 1246) is further amended by adding at the end the following new subsection: (l) (1) For purposes of subsection (5)(b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: (A) The trail must link one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) (B) The trail must be supported by at least one competent trailwide volunteer-based organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. (C) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. (2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with at least one competent trailwide volunteer-based organization. Where the designation of discovery trail is aligned with other units of the National Trails System, or State or local trails, the designation of a discovery trail shall not affect the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established. Not later than three complete fiscal years after the date of the enactment of any law designating a national discovery trail, the appropriate Secretary shall submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include— (A) policies and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail and a plan for their implementation where appropriate; (B) general and site-specific trail-related development including costs; and (C) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in subsection (c) conforming to approved trail logo or emblem requirements. Nothing in this Act may be construed to impose or permit the imposition of any landowner on the use of any non-Federal lands without the consent of the owner thereof. Neither the designation of a national discovery trail nor any plan relating thereto shall affect or be considered in the granting or denial of a right of way or any conditions relating thereto. . 3. Conforming amendments The National Trails System Act is amended— (1) in section 2(b) ( 16 U.S.C. 1241(b) scenic and historic scenic, historic, and discovery (2) in the section heading to section 5 ( 16 U.S.C. 1244 and national historic , national historic, and national discovery (3) in section 5(a) ( 16 U.S.C. 1244(a) (A) by striking and national historic , national historic, and national discovery (B) by striking and National Historic , National Historic, and National Discovery (4) in section 5(b) ( 16 U.S.C. 1244(b) or national historic , national historic, or national discovery (5) in section 5(b)(3) ( 16 U.S.C. 1244(b)(3) or national historic , national historic, or national discovery (6) in section 7(a)(2) ( 16 U.S.C. 1246(a)(2) and national historic , national historic, and national discovery (7) in section 7(b) ( 16 U.S.C. 1246(b) or national historic , national historic, or national discovery (8) in section 7(c) ( 16 U.S.C. 1246(c) (A) by striking scenic or national historic scenic, national historic, or national discovery (B) in the second proviso, by striking scenic, or national historic scenic, national historic, or national discovery (C) by striking , and national historic , national historic, and national discovery (9) in section 7(d) ( 16 U.S.C. 1246(d) or national historic national historic, or national discovery (10) in section 7(e) ( 16 U.S.C. 1246(e) or national historic , national historic, or national discovery (11) in section 7(f)(2) ( 16 U.S.C. 1246(f)(2) National Scenic or Historic Trail national scenic, historic, or discovery trail (12) in section 7(h)(1) ( 16 U.S.C. 1246(h)(1) or national historic national historic, or national discovery (13) in section 7(i) ( 16 U.S.C. 1246(i) or national historic national historic, or national discovery

National Discovery Trails Act of 2014

Multi-State Worker Tax Fairness Act of 2014 - Prohibits a state from imposing an income tax on the compensation of a nonresident individual for any period in which such individual is not physically present in or working in such state or from deeming such nonresident individual to be present in or working in such state on the grounds that: (1) such individual is present at or working at home for convenience, or (2) such individual's work at home fails any convenience of the employer test or any similar test.

To amend title 4 of the United States Code to limit the extent to which States may tax the compensation earned by nonresident telecommuters and other multi-State workers. 1. Short title This Act may be cited as the Multi-State Worker Tax Fairness Act of 2014 2. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general Chapter 4 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general In applying its income tax laws to the compensation of a nonresident individual, a State may deem such nonresident individual to be present in or working in such State for any period of time only if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such compensation with respect to any period of time when such nonresident individual is physically present in another State. (b) Determination of physical presence For purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that— (1) such nonresident individual is present at or working at home for convenience, or (2) such nonresident individual’s work at home or office at home fails any convenience of the employer test or any similar test. (c) Determination of periods of time with respect to which compensation is paid For purposes of determining the periods of time with respect to which compensation is paid, no State may deem a period of time during which a nonresident individual is physically present in another State and performing certain tasks in such other State to be— (1) time that is not normal work time unless such individual’s employer deems such period to be time that is not normal work time, (2) nonworking time unless such individual’s employer deems such period to be nonworking time, or (3) time with respect to which no compensation is paid unless such individual’s employer deems such period to be time with respect to which no compensation is paid. (d) Definitions As used in this section— (1) State The term State (2) Income tax The term income tax (3) Income tax laws The term income tax laws (4) Nonresident individual The term nonresident individual (5) Employee The term employee (6) Employer The term employer (7) Compensation The term compensation (e) No inference Nothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws, (2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income. . (b) Clerical amendment The table of sections of such chapter 4 is amended by adding at the end the following new item: 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

Multi-State Worker Tax Fairness Act of 2014

Removing Barriers to Colorectal Cancer Screening Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to waive coinsurance for colorectal cancer screening tests (thus covering 100% of their cost under Medicare part B [Supplementary Medical Insurance Benefits for the Aged and Disabled]).

To amend title XVIII of the Social Security Act to waive coinsurance under Medicare for colorectal cancer screening tests, regardless of whether therapeutic intervention is required during the screening. 1. Short title This Act may be cited as the Removing Barriers to Colorectal Cancer Screening Act of 2014 2. Findings Congress finds the following: (1) Colorectal cancer is the third leading cause of cancer death among men and women in the United States, killing more non-smokers than any other cancer. (2) Every year, approximately 140,000 Americans are diagnosed with colorectal cancer and more than 50,000 Americans will die from it. (3) Approximately 60 percent of colorectal cancer cases and 70 percent of deaths occur in those aged 65 and older. (4) Colorectal cancer screening colonoscopy allows for the detection and removal of polyps, or abnormal growths, that could become cancerous, as well as for the early detection of colorectal cancer when treatment can be most effective. (5) Although colorectal cancer is largely preventable, one in three adults between the recommended screening ages of 50 and 75 are not up to date with colorectal cancer screening. (6) Dozens of organizations have committed to eliminating colorectal cancer as a major public health problem and are working toward the shared goal of reaching 80 percent screened for colorectal cancer by 2018. (7) Colorectal cancer screening colonoscopy is a highly effective preventive service, and removing financial barriers can help to increase screening rates. 3. Waiving Medicare coinsurance for colorectal cancer screening tests (a) In general Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting , including a colorectal cancer screening test (regardless of the code that is billed for the establishment of a diagnosis as a result of the test, or for the removal of tissue or other procedure that is furnished in connection with, as a result of, and in the same clinical encounter as the screening test), section 1861(ddd)(3) (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act.

Removing Barriers to Colorectal Cancer Screening Act of 2014

Supporting College Success Through Dual Enrollment Act - Directs the Secretary of Education to make matching grants to states to promote moderate- to low-income student participation in dual-enrollment programs. Defines a "dual enrollment program" as a program through which a secondary school student takes courses offered through an institution of higher education (IHE) while enrolled in secondary school for which the student earns both secondary and postsecondary school credit. Allots the grant funds to states based on each participating state's share of residents: (1) aged 5 through 17 who are living below the poverty line, and (2) aged 15 through 44 who are living below the poverty line. Requires grant applicants to assure the Secretary that every local educational agency (LEA) in the state will form a partnership with one or more two-year or four-year degree granting IHEs to coordinate dual enrollment programs under which the IHE: (1) is responsible for administering the dual enrollment program, with the LEA's cooperation; and (2) determines the curriculum, standards, and instructors to be used in the dual enrollment program. Requires states to use the grants to: cover the costs for moderate- to low-income secondary student participation in dual enrollment programs, provide counseling and support services for students and families regarding dual enrollment programs, create credit-bearing or noncredit-bearing courses to ensure that low-income and first generation college students have the skills to succeed in postsecondary education, encourage students and schools in small communities to participate in dual-enrollment programs, or engage in other activities that are approved by the Secretary and promote moderate- to low-income student participation in dual-enrollment programs. Requires states to focus such activities on dual enrollment programs offered through secondary schools that: are in high poverty areas, serve a large number or percentage of students from populations underrepresented in higher education, have a high dropout rate, have a low percentage of graduates who enter postsecondary education, are in an area of the state with low postsecondary education aspiration and attainment rates, or are small schools whose academic offerings are limited by scale. Directs the Secretary to ensure that a student's participation in dual enrollment programs has no negative effect on their eligibility for financial aid under the Higher Education Act of 1965.

To establish a grant program to enable States to promote participation in dual enrollment programs, and for other purposes. 1. Short title This Act may be cited as the Supporting College Success Through Dual Enrollment Act 2. Findings Congress finds the following: (1) The future strength of the democracy of the United States, as well as the Nation's economy, depends upon ensuring a highly educated population and a skilled workforce with the knowledge necessary to compete in a globalized economy. (2) The Bureau of Labor Statistics estimates that a majority of the fastest-growing and highest-paying occupations require some form of postsecondary education, be it a 2-year degree, a 4-year degree, or an industry-recognized credential. (3) According to research conducted by the Georgetown University Center on Education and the Workforce, 63 percent of all new job openings by 2018 will require at least some college education. (4) The cost of a college education is often the most significant obstacle that many students face in obtaining a college degree. Programs that help students accumulate college credit in high school can help reduce the overall cost of a college degree by as much as 12.5 percent, thus reducing the financial burden on students and taxpayers. Research has found that for every 1,000,000 students entering college with a semester’s worth of credit, overall college expenditures are reduced by $9,500,000,000. (5) Although more students begin college today than did 20 years ago, many are not graduating due to substantial challenges in negotiating the transition from high school to college. Fewer than 20 percent of students in grade 9 will graduate with a baccalaureate degree by the age of 24. (6) Research conducted by the Department of Education has found that postsecondary success is predicated on both rigorous academic preparation and a clear understanding of the expectations in college. The academic intensity of a student’s high school courses is a better predictor of whether a student will complete a bachelor’s degree than class rank, grade point average, or standardized admission test scores. (7) According to research conducted at the Teachers’ College at Columbia University, participation in dual enrollment programs is especially beneficial for students who are traditionally underrepresented in higher education, including low-income, first generation, and minority students. (8) Students participating in dual enrollment programs have better academic outcomes. Research conducted in Florida, New York, and California found that students in dual enrollment programs were, on average, more likely to graduate from high school, transition into a 4-year institution of higher education, persist in postsecondary education, and have a higher postsecondary grade point average, as demonstrated by the following: (A) Participants in New York City's dual enrollment program, College Now, were more likely than their peers to pursue a baccalaureate degree and had higher grade point averages than nonparticipants. Further, there was a positive correlation between participation in dual enrollment and completion of a baccalaureate degree. (B) Florida’s dual enrollment program participants were 4.3 percent more likely than their peers to earn a high school diploma and 7.7 percent more likely to enroll in a 4-year institution of higher education, and earned, on average, 15.1 more college credits than nonparticipants. (C) In Missouri, dual enrollment students had an 89 percent likelihood of returning for their second year of college, compared to 76 percent for students who entered college with no previous college credit. 3. Definitions In this Act: (1) Dual enrollment The term dual enrollment (A) takes courses offered through an institution of higher education while the student is enrolled in secondary school; and (B) earns both secondary school and postsecondary credit for the courses described in subparagraph (A). (2) Institution of higher education The term institution of higher education (3) Moderate- to low-income student The term moderate- to low-income student (4) Poverty line The term poverty line (5) Secondary school The term secondary school 20 U.S.C. 7801 et seq. (6) Secretary The term Secretary (7) State The term State 4. Grants authorized (a) Program authorized From amounts appropriated to carry out this Act, the Secretary shall make grants, from allotments under subsection (b), to States to enable the States to pay the Federal share of the costs of activities designed to promote participation in dual-enrollment programs by moderate- to low-income students. (b) Determination of allotment (1) Amount of allotment Subject to paragraph (2), the allotment provided under this subsection to each State that submits an approved application for a fiscal year shall be equal to the sum of— (A) the amount that bears the same relation to 50 percent of the amount appropriated under section 8 for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line bears to the total number of such residents in all States that submitted approved applications; and (B) the amount that bears the same relation to 50 percent of the amount appropriated under section 8 for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line bears to the total number of such residents in all States that submitted approved applications. (2) Minimum amount The allotment for each State under this section for a fiscal year shall not be an amount that is less than 0.5 percent of the total amount appropriated under section 8 for such fiscal year. (c) Federal share The Federal share of the cost of the activities funded under this Act shall not exceed 80 percent. The non-Federal share of the cost of such activities may be provided in cash or in kind, fairly evaluated, including services. (d) Supplement, not supplant Funds received by a State under a grant under this Act shall be used to supplement, and not supplant, non-Federal funds expended for dual enrollment programs. 5. Application and approval (a) Application A State desiring 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. The application shall— (1) describe the State's proposed program to support dual enrollment programs, which shall include— (A) aligning the kindergarten through grade 12, higher education, and career and technical education systems of the State to support dual enrollment programs; (B) requiring each local educational agency in the State, or each public institution of higher education that is partnering with a local educational agency pursuant to paragraph (2), to provide a counselor, advisor, or advisor working in conjunction with a school counselor, who specializes in dual enrollment, to provide high-quality advice to secondary school students and their parents on the dual enrollment program options, course selection, and other related issues; (C) ensuring that every public secondary school, including every public charter school, in the State offers a high-quality dual enrollment program, and that all secondary school students are informed about, or engaged in, the dual enrollment program by grade 10 or an earlier grade; (D) directly addressing participation in dual enrollment programs among low-income students; (E) developing a plan to ensure that pathways are available, and barriers are removed, in order to allow secondary school students participating in dual enrollment programs to matriculate to institutions of higher education, and attain a degree or appropriate certification; (F) developing a system of accountability; and (G) addressing the problems that students and schools in small communities face with respect to dual enrollment programs, including the difficulties in providing such students with the opportunity to participate at campuses of institutions of higher education; (2) include an assurance that every local educational agency in the State will form a partnership with 1 or more 2-year or 4-year degree-granting institutions of higher education to coordinate dual enrollment programs, under which the institution of higher education— (A) has the responsibility to administer the dual enrollment program, with the cooperation of the local educational agency; and (B) determines the curriculum, standards, and instructors to be used in the dual enrollment program; (3) include an assurance that the State will align State policy to ensure, to the maximum extent practicable, credits earned through a dual enrollment program are recognized throughout the system of public higher education of the State and count as credits earned for both secondary school graduation and graduation from a public institution of higher education; (4) include an assurance that the State will establish a policy to encourage matriculation and credit agreements among local educational agencies and institutions of higher education to encourage low-income students to attain a baccalaureate degree; (5) include an assurance that the State will establish a policy to encourage access to dual enrollment courses for as many students as possible and to prevent student disqualification for participation as much as possible, with eligibility requirements that— (A) are based on quantifiable, valid, and reliable measures of a student’s ability to succeed in a postsecondary education course; (B) use a consistent standard of readiness for postsecondary education for all secondary schools and public institutions of higher education in the State; and (C) are consistent with the eligibility standards established by the partner institution of higher education of the dual enrollment program; (6) include an assurance that the State will establish policies that— (A) maximize, to the extent practicable, the number of dual enrollment program students who take courses on the campuses of institutions of higher education, in classrooms with postsecondary education students, and with professors of the institutions of higher education; (B) in any case where providing courses of the dual enrollment program on a campus of an institution of higher education is not practicable, ensure that each course of the dual enrollment program that is taught in secondary schools— (i) is developed by the institution of higher education partner; (ii) is fully comparable with the courses offered at the campus of the institution of higher education; (iii) is augmented with campus experiences when reasonably achievable; and (iv) is taught by an instructor from the partner institution of higher education, where practicable, or, if not practicable, by an instructor who is selected, supervised, and evaluated by the institution of higher education; and (C) provide that all instructors of dual enrollment program classes are assessed by the partner institution of higher education in the same way that such institutions assess their own faculty; (7) describe how the State will incorporate dual enrollment program opportunities with programs and services provided under subpart 2 of part A of title IV of the Higher Education Act of 1965 (1070a–21 et seq.); (8) include an assurance that the State educational agency and the State system of public institutions of higher education will develop a plan to increase enrollment in postsecondary education among moderate- or low-income students and populations underrepresented in higher education, including underrepresented minorities, throughout the State; (9) describe how the State will align the State's career and technical education policy with dual enrollment programs, which may include— (A) establishing flexible pathways, which are career sequences that begin in secondary school and continue in postsecondary education; and (B) establishing State policies that— (i) broaden access to career and technical education and that provide needed supports to students participating in career and technical education; and (ii) support inclusion of work-based learning in flexible pathways, as described in subparagraph (A); (10) demonstrate that the State has enacted funding models that ensure that local educational agencies and institutions of higher education who participate in dual enrollment programs do not lose per-pupil funding for dually enrolled students; and (11) include an assurance that a student's participation in a dual enrollment program shall not negatively impact the student's eligibility for State financial assistance for postsecondary education. (b) Approval The Secretary shall approve any application for a State program that includes the components described in subsection (a). 6. Use of funds (a) In general (1) In general A State receiving a grant under this Act shall use grant funds to carry out any of the following activities: (A) Paying for tuition for moderate- to low-income students to take postsecondary-level courses while enrolled in secondary school through a dual enrollment program. (B) Textbooks, fees, and other expenses associated with a student's attendance of a course offered through a dual enrollment program. (C) Counseling and support services for students and families regarding dual enrollment programs, including services that will improve the postsecondary education enrollment and program completion rates of students in dual enrollment programs or reduce the postsecondary education costs for such students. (D) Creation of a credit-bearing, or noncredit-bearing, course to ensure that low-income and first generation college students— (i) are prepared for postsecondary education studies to be offered through a dual enrollment program; and (ii) have the requisite academic and nonacademic skills and resources necessary to succeed, understand expectations, help navigate the postsecondary education environment, and be able to advocate for themselves. (E) Options to encourage participation in dual enrollment programs by students and schools from small communities. (F) Other activities that support the purposes of this Act, as proposed and approved by the Secretary in the application. (2) Transportation costs A State receiving a grant under this Act that has additional grant funds available after carrying out activities described in paragraph (1), may use such funds to pay for the costs of providing transportation for students in rural areas to participate in dual enrollment programs. (b) Focus areas A State receiving a grant under this Act shall focus the activities supported under this section on dual enrollment programs offered through secondary schools in the State that— (1) are located in an area of high poverty; (2) serve a large number or percentage of students from populations underrepresented in higher education; (3) have a high secondary school dropout rate; (4) have a low percentage of graduates who enter postsecondary education; (5) are in a county or region of the State with low postsecondary education aspiration and attainment rates; or (6) are small schools whose academic offerings are limited by scale. 7. Student financial aid eligibility The Secretary shall ensure that— (1) a student's participation in a dual enrollment program does not negatively impact the student's eligibility for financial assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (2) for purposes of part C of title I, title IV, and any other provision, of such Act— (A) students participating in a dual enrollment program are not classified as first-time, full-time students of the partner institution of higher education of the program during the student's participation; and (B) in the case of a student who attends a dual enrollment program and then matriculates to an institution of higher education, the student's first year at such institution shall be considered to be the student's first year of a program of undergraduate education, regardless of the number of postsecondary credits that the student has previously earned through the dual enrollment program. 8. Authorization of appropriations There are authorized to be appropriated to carry out this Act $150,000,000 for fiscal year 2015 and each succeeding fiscal year.

Supporting College Success Through Dual Enrollment Act

Modifies the process for assignment of additional general officers to the National Guard Bureau by requiring that two such officers of each of the Army and the Air National Guard be recommended by the Chief of the National Guard Bureau from at least three candidates identified by the Secretaries of the Army and the Air Force, respectively. (Under current law, two officers are selected by each Secretary.) Requires the Director and Deputy Director of each of the Army and the Air National Guards to assist the Chief of the National Guard Bureau in carrying out functions of the Bureau relevant to the respective branches. (Under current law, that function is carried out by the assigned general officers of the Army and the Air National Guards.)

To amend title 10, United States Code, to expand the role of the Chief of the National Guard Bureau in the assignment of Directors and Deputy Directors of the Army National Guard and Air National Guard. 1. Role of the Chief of the National Guard Bureau in assignment of Directors and Deputy Directors of the Army National Guard and Air National Guard (a) In general Section 10506(a) (1) in paragraph (1)— (A) in subparagraph (A), by striking selected by the Secretary of the Army recommended by the Chief of the National Guard Bureau, from not less than three candidates identified by the Secretary of the Army, (B) in subparagraph (B), by striking selected by the Secretary of the Air Force recommended by the Chief of the National Guard Bureau, from not less than three candidates identified by the Secretary of the Air Force, (2) in paragraph (2), by striking The officers so selected The Director and Deputy Director, Army National Guard, and the Director and Deputy Director, Air National Guard, (b) Conforming amendments regarding appointment Paragraph (3) of such section is amended— (1) in subparagraph (A), by striking The President Consistent with paragraph (1), the President (2) by striking subparagraphs (B) and (D); and (3) by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively.

A bill to amend title 10, United States Code, to expand the role of the Chief of the National Guard Bureau in the assignment of Directors and Deputy Directors of the Army National Guard and Air National Guard.

Notice for Organizations That Include Charities is Essential (NOTICE) Act - Amends the Internal Revenue Code to require the Secretary of the Treasury to notify any tax-exempt organization, not later than 300 days after such an organization fails to file its annual tax return or other required information for two consecutive years, that: (1) the Internal Revenue Service (IRS) has no record of its return or information for two consecutive years, and (2) a penalty will occur if the organization fails to file its return or information by the next filing deadline. Allows the reinstatement of the tax-exempt status of such an organization without the requirement of an application if: (1) the organization demonstrates to the satisfaction of the Secretary that it did not receive the notice required by this Act, and (2) it files an annual return or required information for the current year.

To amend the Internal Revenue Code of 1986 to provide notice to charities and other nonprofit organizations before their tax-exempt status is automatically revoked. 1. Short title This Act may be cited as the Notice for Organizations That Include Charities is Essential (NOTICE) Act 2. Notice required before revocation of tax-exempt status for failure to file return (a) In general Section 6033(j) (2) Requirement of notice (A) In general Not later than 300 days after the date an organization described in paragraph (1) fails to file the annual return or notice referenced in paragraph (1) for 2 consecutive years, the Secretary shall notify the organization— (i) that the Internal Revenue Service has no record of such a return or notice from such organization for 2 consecutive years, and (ii) about the penalty that will occur under this subsection if the organization fails to file such a return or notice by the date of the next filing deadline. The notification under the preceding sentence shall include information about how to comply with the filing requirements under subsections (a)(1) and (i). . (b) Reinstatement without application Paragraph (3) of section 6033(j) of such Code, as redesignated under subsection (a), is amended— (1) by striking Any organization (A) In general Except as provided in subparagraph (B), any organization , and (2) by adding at the end the following new subparagraph: (B) Retroactive reinstatement without application if actual notice not provided If an organization described in paragraph (1)— (i) demonstrates to the satisfaction of the Secretary that the organization did not receive the notice required under paragraph (2), and (ii) files an annual return or notice referenced in paragraph (1) for the current year, then the Secretary may reinstate the organization’s exempt status effective from the date of the revocation under paragraph (1) without the need for an application. . (c) Effective date The amendments made by this section shall apply to notices and returns required to be filed after December 31, 2014.

Notice for Organizations That Include Charities is Essential (NOTICE) Act

Russian Weapons Embargo Act of 2014 - Prohibits the head of any executive agency from entering into a contract, subcontract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport, any subsidiary or affiliate of it, or any entity that has a business relationship with Rosoboronexport regarding the design, manufacture, or sale of military equipment. Requires the head of each executive agency to terminate any such arrangement. Authorizes the President to waive such prohibition if : (1) Rosoboronexport has ceased the transfer of military equipment to, and the maintenance of existing military equipment for, the government of Syria; (2) the armed forces of the Russian Federation have withdrawn from Crimea (other than forces present on certain military bases); and (3) agents of the Russian Federation are not taking measures to destabilize the control of the government of Ukraine over eastern Ukraine. Authorizes the President to reprogram Economic Support Fund assistance or security assistance for the government of any country that enters into a contract, memorandum of understanding, or cooperative agreement with, or makes a grant or loan to Rosoboronexport or any subsidiary or affiliate of it in an amount up to or equal to the total amount of each such arrangement.

To re-impose sanctions on Russian arms exporter Rosoboronexport. 1. Short title This Act may be cited as the Russian Weapons Embargo Act of 2014 2. Prohibition on direct or indirect use of funds to enter into contracts or agreements with Rosoboronexport (a) Prohibition (1) In general The head of an executive agency may not enter into a contract, subcontract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport, any subsidiary or affiliate of Rosoboronexport, or any entity that has a business relationship with Rosoboronexport or any subsidiary or affiliate of Rosoboronexport related to the design, manufacture, or sale of military equipment. (2) Termination of existing contracts and agreements The head of each executive agency shall immediately terminate any contract, subcontract, memorandum of understanding, cooperative agreement, loan, or loan agreement described in paragraph (1). (b) National security waiver authority The President may waive the applicability of subsection (a) if the President, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, certifies in writing to the appropriate congressional committees that, to the best of the President's knowledge— (1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; (2) the armed forces of the Russian Federation have withdrawn from Crimea (other than military forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine); and (3) agents of the Russian Federation are not taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine (including through active support of efforts to unlawfully occupy facilities of the Government of Ukraine). (c) Reprogramming authority (1) In general The President may reprogram funds appropriated or otherwise made available for Economic Support Fund assistance or security assistance for the government of a country that, on or after the date of the enactment of this Act, enters into a contract, memorandum of understanding, or cooperative agreement with, or makes a grant to, or provides a loan or loan agreement to Rosoboronexport, or any subsidiary or affiliate of Rosoboronexport, in an amount up to or equal to the total amount of each such contract, memorandum of understanding, cooperative agreement, loan, or loan agreement. (2) Notification The President shall notify Congress not later than 15 days before reprogramming funds under paragraph (1). (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, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Executive agency The term executive agency section 133 3. Report on Rosoboronexport activities (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following: (1) A list of the known transfers of lethal military equipment by Rosoboronexport to the Government of the Syrian Arab Republic since March 15, 2011. (2) A list of the known contracts, if any, that Rosoboronexport has signed with the Government of the Syrian Arab Republic since March 15, 2011. (3) A detailed list of all existing contracts, subcontracts, memorandums of understanding, cooperative agreements, grants, loans, and loan guarantees between the Department of Defense and Rosoboronexport, including a description of the transaction, signing dates, values, and quantities. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Congressional defense committees defined In this section, the term congressional defense committees section 101(a)(16)

A bill to re-impose sanctions on Russian arms exporter Rosoboronexport.

Registered Nurse Safe Staffing Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to require each Medicare participating hospital to implement a hospital-wide staffing plan for nursing services furnished in the hospital. Requires the plan to require that an appropriate number of registered nurses provide direct patient care in each unit and on each shift of the hospital to ensure staffing levels that: (1) address the unique characteristics of the patients and hospital units; and (2) result in the delivery of safe, quality patient care consistent with specified requirements. Requires each participating hospital to establish a hospital nurse staffing committee which shall implement such plan. Specifies civil monetary and other penalties for violation of the requirements of this Act. Sets forth whistleblower protections against discrimination and retaliation involving patients or employees of the hospital for their grievances, complaints, or involvement in investigations relating to such plan.

To amend title XVIII of the Social Security Act to provide for patient protection by establishing safe nurse staffing levels at certain Medicare providers, and for other purposes. 1. Short title This Act may be cited as the Registered Nurse Safe Staffing Act of 2014 2. Findings Congress makes the following findings: (1) Research shows that patient safety in hospitals is directly proportionate to the number of registered nurses working in the hospital. Higher staffing levels by experienced registered nurses are related to lower rates of negative patient outcomes. (2) A 2011 study on nurse staffing and inpatient hospital mortality shows that sub-optimal nurse staffing is linked with a greater likelihood of patient death in the hospital. A 2012 study of serious patient events reported to the Joint Commission demonstrates that one of the leading causes of all hospital sentinel events is human factors, including staffing and staffing skill mix. (3) Health care worker fatigue has been identified as a major patient safety hazard, and appropriate staffing policies and practices are indicated as an effective strategy to reduce health care worker fatigue and to protect patients. A national survey of registered nurses found that 74 percent experience acute or chronic effects of stress and overwork. (4) A strategy that ensures optimal nurse staffing and skill mix greatly influences patient satisfaction and results in greater overall savings to hospitals through reductions in adverse patient events. (5) A 2009 study demonstrated that improved patient satisfaction due to increased and appropriate nurse staffing is reflected on hospital scores on HCAHPS, which is a key measure for value-based payment programs under the Medicare program and used by other payors. (6) Registered nurses play a vital role in preventing patient care errors. A 2009 study found that sufficient staffing of critical care nurses can prevent adverse patient events, which can cost anywhere from $2,200,000 to $13,200,000. By contrast, the nurse staffing costs in the study time period were only $1,360,000. (7) Higher nurse staffing also generates cost savings to payors, as demonstrated in a 2011 cost-benefit analysis that weighed registered nursing personnel costs against emergency department utilization after patient discharge from a hospital. (8) A 2012 study of Pennsylvania hospitals shows that by reducing nurse burnout, which is attributed in part to poor nurse staffing, those hospitals could prevent an estimated 4,160 infections with an associated savings of $41,000,000. That study also found that for each additional patient assigned to a registered nurse for care, there is an incidence of roughly one additional catheter-acquired urinary tract infection per 1,000 patients or 1,351 infections per year, costing those hospitals as much as $1,100,000 annually. (9) When hospitals employ insufficient numbers of nursing staff, registered nurses are being required to perform professional services under conditions that do not support quality health care or a healthful work environment for registered nurses. (10) As a payor for inpatient and outpatient hospital services furnished to Medicare beneficiaries, the Federal Government has a compelling interest in promoting the safety of these patients by requiring any hospital participating in the Medicare program to establish minimum safe staffing levels for registered nurses. 3. Establishment of safe nurse staffing levels by Medicare participating hospitals (a) Requirement of medicare provider agreement Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) (1) in subparagraph (V), by striking and (2) in subparagraph (W), as added by section 3005 of the Patient Protection and Affordable Care Act ( Public Law 111–148 (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end; (3) in subparagraph (W), as added by section 6406(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (A) by moving such subparagraph 2 ems to the left; (B) by redesignating such subparagraph as subparagraph (X); and (C) by striking the period at the end and inserting , and (4) by inserting after subparagraph (X), as redesignated by paragraph (3)(B), the following new subparagraph: (Y) in the case of a hospital (as defined in section 1861(e)), to meet the requirements of section 1899B. . (b) Requirements Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899B. Nurse staffing requirements for Medicare participating hospitals (a) Implementation of nurse staffing plan (1) In general Each participating hospital shall implement a hospital-wide staffing plan for nursing services furnished in the hospital. (2) Requirement for development of staffing plan by hospital nurse staffing committee The hospital-wide staffing plan for nursing services implemented by a hospital pursuant to paragraph (1)— (A) shall be developed by the hospital nurse staffing committee established under subsection (b); and (B) shall require that an appropriate number of registered nurses provide direct patient care in each unit and on each shift of the hospital to ensure staffing levels that— (i) address the unique characteristics of the patients and hospital units; and (ii) result in the delivery of safe, quality patient care, consistent with the requirements under subsection (c). (b) Hospital nurse staffing committee (1) Establishment Each participating hospital shall establish a hospital nurse staffing committee (hereinafter in this section referred to as the Committee (2) Composition A Committee established pursuant to this subsection shall be composed of members as follows: (A) Minimum 55 percent nurse participation Not less than 55 percent of the members of the Committee shall be registered nurses who provide direct patient care but who are neither hospital nurse managers nor part of the hospital administration staff. (B) Inclusion of hospital nurse managers The Committee shall include members who are hospital nurse managers. (C) Inclusion of nurses from specialty units The members of the Committee shall include at least 1 registered nurse who provides direct care from each nurse specialty or unit of the hospital (each such specialty or unit as determined by the hospital). (D) Other hospital personnel The Committee shall include such other personnel of the hospital as the hospital determines to be appropriate. (3) Duties (A) Development of staffing plan The Committee shall develop a hospital-wide staffing plan for nursing services furnished in the hospital consistent with the requirements under subsection (c). (B) Review and modification of staffing plan The Committee shall— (i) conduct regular, ongoing monitoring of the implementation of the hospital-wide staffing plan for nursing services furnished in the hospital; (ii) carry out evaluations of the hospital-wide staffing plan for nursing services at least annually; and (iii) make such modifications to the hospital-wide staffing plan for nursing services as may be appropriate. (C) Additional duties The Committee shall— (i) develop policies and procedures for overtime requirements of registered nurses providing direct patient care and for appropriate time and manner of relief of such registered nurses during routine absences; and (ii) carry out such additional duties as the Committee determines to be appropriate. (c) Staffing plan requirements (1) Plan requirements Subject to paragraph (2), a hospital-wide staffing plan for nursing services developed and implemented under this section shall— (A) be based upon input from the registered nurse staff of the hospital who provide direct patient care or their exclusive representatives, as well as the chief nurse executive; (B) be based upon the number of patients and the level and variability of intensity of care to be provided to those patients, with appropriate consideration given to admissions, discharges, and transfers during each shift; (C) take into account contextual issues affecting nurse staffing and the delivery of care, including architecture and geography of the environment and available technology; (D) take into account the level of education, training, and experience of those registered nurses providing direct patient care; (E) take into account the staffing levels and services provided by other health care personnel associated with nursing care, such as certified nurse assistants, licensed vocational nurses, licensed psychiatric technicians, nursing assistants, aides, and orderlies; (F) take into account staffing levels recommended by specialty nursing organizations; (G) establish upwardly adjustable minimum ratios of direct care registered nurses to patients for each unit and for each shift of the hospital, based upon an assessment by registered nurses of the level and variability of intensity of care required by patients under existing conditions; (H) take into account unit and facility level staffing, quality and patient outcome data, and national comparisons, as available; (I) ensure that a registered nurse shall not be assigned to work in a particular unit of the hospital without first having established the ability to provide professional care in such unit; and (J) provide for exemptions from some or all requirements of the hospital-wide staffing plan for nursing services during a declared state of emergency (as defined in subsection (l)(1)) if the hospital is requested or expected to provide an exceptional level of emergency or other medical services. (2) Limitation A hospital-wide staffing plan for nursing services developed and implemented under this section— (A) shall not preempt any registered-nurse staffing levels established under State law or regulation; and (B) may not utilize any minimum number of registered nurses established under paragraph (1)(G) as an upper limit on the nurse staffing of the hospital to which such minimum number applies. (d) Reporting and release to public of certain staffing information (1) Requirements for hospitals Each participating hospital shall— (A) post daily for each shift, in a clearly visible place, a document that specifies in a uniform manner (as prescribed by the Secretary) the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital, identifying specifically the number of registered nurses; (B) upon request, make available to the public— (i) the nursing staff information described in subparagraph (A); (ii) a detailed written description of the hospital-wide staffing plan implemented by the hospital pursuant to subsection (a); and (iii) not later than 90 days after the date on which an evaluation is carried out by the Committee under subsection (b)(3)(B)(ii), a copy of such evaluation; and (C) not less frequently than quarterly, submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subparagraph (A) through electronic data submission. (2) Secretarial responsibilities The Secretary shall— (A) make the information submitted pursuant to paragraph (1)(C) publicly available in a comprehensible format (as described in subsection (e)(2)(D)(ii)), including by publication on the Hospital Compare Internet Web site of the Department of Health and Human Services; and (B) provide for the auditing of such information for accuracy as a part of the process of determining whether the participating hospital is in compliance with the conditions of its agreement with the Secretary under section 1866, including under subsection (a)(1)(Y) of such section. (e) Recordkeeping; collection and reporting of quality data; evaluation (1) Recordkeeping Each participating hospital shall maintain for a period of at least 3 years (or, if longer, until the conclusion of any pending enforcement activities) such records as the Secretary deems necessary to determine whether the hospital has implemented a hospital-wide staffing plan for nursing services pursuant to subsection (a). (2) Collection and reporting of quality data on nursing services (A) In general The Secretary shall require the collection, aggregation, maintenance, and reporting of quality data relating to nursing services furnished by each participating hospital. (B) Use of endorsed measures In carrying out this paragraph, the Secretary shall use only quality measures for nursing-sensitive care that are endorsed by the consensus-based entity with a contract under section 1890(a). (C) Use of qualified third-party entities for collection and submission of data (i) In general A participating hospital may enter into agreements with third-party entities that have demonstrated expertise in the collection and submission of quality data on nursing services to collect, aggregate, maintain, and report the quality data of the hospital pursuant to subparagraph (A). (ii) Construction Nothing in clause (i) shall be construed to excuse or exempt a participating hospital that has entered into an agreement described in such clause from compliance with requirements for quality data collection, aggregation, maintenance, and reporting imposed under this paragraph. (D) Reporting of quality data (i) Publication on hospital compare web site Subject to the succeeding provisions of this subparagraph, the Secretary shall make the data submitted pursuant to subparagraph (A) publicly available, including by publication on the Hospital Compare Internet Web site of the Department of Health and Human Services. (ii) Comprehensible format Data made available to the public under clause (i) shall be presented in a clearly understandable format that permits consumers of hospital services to make meaningful comparisons among hospitals, including concise explanations in plain English of how to interpret the data, of the difference in types of nursing staff, of the relationship between nurse staffing levels and quality of care, and of how nurse staffing may vary based on patient case mix. (iii) Opportunity to correct errors The Secretary shall establish a process under which participating hospitals may review data submitted to the Secretary pursuant to subparagraph (A) to correct errors, if any, contained in that data submission before making the data available to the public under clause (i). (3) Evaluation of data The Secretary shall provide for the analysis of quality data collected from participating hospitals under paragraph (2) in order to evaluate the effect of hospital-wide staffing plans for nursing services implemented pursuant to subsection (a) on— (A) patient outcomes that are nursing sensitive (such as pressure ulcers, fall occurrence, falls resulting in injury, length of stay, and central line catheter infections); and (B) nursing workforce safety and retention (including work-related injury, staff skill mix, nursing care hours per patient day, vacancy and voluntary turnover rates, overtime rates, use of temporary agency personnel, and nurse satisfaction). (f) Refusal of assignment A nurse may refuse to accept an assignment as a nurse in a participating hospital, or in a unit of a participating hospital, if— (1) the assignment is in violation of the hospital-wide staffing plan for nursing services implemented pursuant to subsection (a); or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (g) Enforcement (1) Responsibility The Secretary shall enforce the requirements and prohibitions of this section in accordance with the succeeding provisions of this subsection. (2) Procedures for receiving and investigating complaints The Secretary shall establish procedures under which— (A) any person may file a complaint that a participating hospital has violated a requirement of or a prohibition under this section; and (B) such complaints are investigated by the Secretary. (3) Remedies Except as provided in paragraph (5), if the Secretary determines that a participating hospital has violated a requirement of this section, the Secretary— (A) shall require the hospital to establish a corrective action plan to prevent the recurrence of such violation; and (B) may impose civil money penalties under paragraph (4). (4) Civil money penalties (A) In general In addition to any other penalties prescribed by law, the Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of a requirement of this section, except that the Secretary shall impose a civil money penalty of more than $10,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). (B) Procedures The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A. (C) Public notice of violations (i) Internet web site The Secretary shall publish on an appropriate Internet Web site of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this section, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. (ii) Change of ownership With respect to a participating hospital that had a change in ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet Web site after the 1-year period beginning on the date of the change in ownership. (5) Penalty for failure to collect and report quality data on nursing services (A) In general In the case of a participating hospital that fails to comply with requirements under subsection (e)(2) to collect, aggregate, maintain, and report quality data relating to nursing services furnished by the hospital, instead of the remedies described in paragraph (3), the provisions of subparagraph (B) shall apply with respect to each such failure of the participating hospital. (B) Penalty In the case of a failure by a participating hospital to comply with the requirements under subsection (e)(2) for a year, each such failure shall be deemed to be a failure to submit data required under section 1833(t)(17)(A), section 1886(b)(3)(B)(viii), section 1886(j)(7)(A), or section 1886(m)(5)(A), as the case may be, with respect to the participating hospital involved for that year. (h) Whistleblower protections (1) Prohibition of discrimination and retaliation A participating hospital shall not discriminate or retaliate in any manner against any patient or employee of the hospital because that patient or employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to— (A) the hospital-wide staffing plan for nursing services developed and implemented under this section; or (B) any right, other requirement or prohibition under this section, including a refusal to accept an assignment described in subsection (f). (2) Relief for prevailing employees An employee of a participating hospital who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States district court and shall be entitled to reinstatement, reimbursement for lost wages, and work benefits caused by the unlawful acts of the employing hospital. Prevailing employees are entitled to reasonable attorney’s fees and costs associated with pursuing the case. (3) Relief for prevailing patients A patient who has been discriminated or retaliated against in violation of this subsection may initiate judicial action in a United States district court. A prevailing patient shall be entitled to liquidated damages of $5,000 for a violation of this statute in addition to any other damages under other applicable statutes, regulations, or common law. Prevailing patients are entitled to reasonable attorney’s fees and costs associated with pursuing the case. (4) Limitation on actions No action may be brought under paragraph (2) or (3) more than 2 years after the discrimination or retaliation with respect to which the action is brought. (5) Treatment of adverse employment actions For purposes of this subsection— (A) an adverse employment action shall be treated as discrimination or retaliation; and (B) the term adverse employment action (i) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; (ii) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and (iii) a personnel action that is adverse to the individual concerned. (i) Relationship to state laws Nothing in this section shall be construed as exempting or relieving any person from any liability, duty, penalty, or punishment provided by the law of any State or political subdivision of a State, other than any such law which purports to require or permit any action prohibited under this title. (j) Relationship to conduct prohibited under the national labor relations act or other collective bargaining laws Nothing in this section shall be construed as— (1) permitting conduct prohibited under the National Labor Relations Act or under any other Federal, State, or local collective bargaining law; or (2) preempting, limiting, or modifying a collective bargaining agreement entered into by a participating hospital. (k) Regulations (1) In general The Secretary shall promulgate such regulations as are appropriate and necessary to implement this section. (2) Implementation (A) In general Except as provided in subparagraph (B), as soon as practicable but not later than 2 years after the date of the enactment of this section, a participating hospital shall have implemented a hospital-wide staffing plan for nursing services under this section. (B) Special rule for rural hospitals In the case of a participating hospital located in a rural area (as defined in section 1886(d)(2)(D)), such participating hospital shall have implemented a hospital-wide staffing plan for nursing services under this section as soon as practicable but not later than 4 years after the date of the enactment of this section. (l) Definitions In this section: (1) Declared state of emergency The term declared state of emergency (2) Participating hospital The term participating hospital (3) Person The term person (4) Registered nurse The term registered nurse (5) Shift The term shift (6) Unit The term unit .

A bill to amend title XVIII of the Social Security Act to provide for patient protection by establishing safe nurse staffing levels at certain Medicare providers, and for other purposes.

DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 - (Sec. 2) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish, as positions in the excepted service, such positions in the Department of Homeland Security (DHS) as necessary to carry out certain responsibilities relating to cybersecurity. Provides for positions formerly designated as senior level and senior executive service positions to be included in such service. Requires the Secretary, every year for a specified period, to submit to Congress a report regarding: (1) the application process for such positions, including the manner of adhering to veterans' preferences; (2) the Secretary's plans to fulfill the critical need of DHS to recruit and retain employees in cybersecurity positions; (3) the manner in which such plans are integrated into the DHS's strategic workforce planning; (4) the number of hirings, separations, and retirements during the reporting period; and (5) the training provided to supervisors of such cybersecurity employees on the use of the new authorities. Sets forth authority for the Secretary to make appointments, fix pay rates, and provide incentives and allowances for such positions. (Sec. 3) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions. Directs the Secretary to assign: (1) data element codes for such positions, as set forth in the Office of Personnel Management's (OPM) Guide to Data Standards, which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; and (2) employment codes to employees and open positions within DHS with cybersecurity functions. Directs the Secretary, on an annual basis through 2021, to submit a report to the OPM Director substantiating categories and specialty areas designated as critical needs in DHS's cybersecurity workforce. Requires the Director to provide the Secretary with guidance identifying acute and emerging skill shortages. Directs the Comptroller General (GAO) to monitor, and report within three years regarding, the implementation of such determinations and assignments.

To improve cybersecurity recruitment and retention. 1. Short title This Act may be cited as the DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 2. Cybersecurity recruitment and retention (a) In general At the end of subtitle C of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 141 et seq. 226. Cybersecurity recruitment and retention (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (2) Collective bargaining agreement The term collective bargaining agreement section 7103(a)(8) (3) Excepted service The term excepted service section 2103 (4) Preference eligible The term preference eligible section 2108 (5) Qualified position The term qualified position (6) Senior executive service The term Senior Executive Service section 2101a (b) General authority (1) Establish positions, appoint personnel, and fix rates of pay (A) General authority The Secretary may— (i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as— (I) senior level positions designated under section 5376 (II) positions in the Senior Executive Service; (ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and (iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position. (B) Construction with other laws The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. (2) Basic pay (A) Authority to fix rates of basic pay In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation. (B) Prevailing rate systems The Secretary may, consistent with section 5341 (3) Additional compensation, incentives, and allowances (A) Additional compensation based on title 5 authorities The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5, United States Code. (B) Allowances in nonforeign areas An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 (4) Plan for execution of authorities Not later than 120 days after the date of enactment of this section, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection. (5) Collective bargaining agreements Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession. (6) Required regulations The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. (c) Annual report Not later than 1 year after the date of enactment of this section, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that— (1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by an individual for a qualified position; (2) describes— (A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions; (B) the measures that will be used to measure progress; and (C) any actions taken during the reporting period to fulfill such critical need; (3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department; (4) provides metrics on actions occurring during the reporting period, including— (A) the number of employees in qualified positions hired by occupation and grade and level or pay band; (B) the placement of employees in qualified positions by directorate and office within the Department; (C) the total number of veterans hired; (D) the number of separations of employees in qualified positions by occupation and grade and level or pay band; (E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and (F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and (5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities. (d) Three-Year Probationary Period The probationary period for all employees hired under the authority established in this section shall be 3 years. (e) Incumbents of existing competitive service positions (1) In general An individual serving in a position on the date of enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion. (2) Subsequent conversion After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service. . (b) Conforming amendment Section 3132(a)(2) (1) in clause (i), by striking or (2) in clause (ii), by inserting or (3) by inserting after clause (ii) the following: (iii) any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226 of the Homeland Security Act of 2002; . (c) Table of contents amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. Sec. 226. Cybersecurity recruitment and retention. . 3. Homeland security cybersecurity workforce assessment (a) Short title This section may be cited as the Homeland Security Cybersecurity Workforce Assessment Act (b) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Homeland Security of the House of Representatives (C) the Committee on House Administration of the House of Representatives (2) Cybersecurity work category; data element code; specialty area The terms Cybersecurity Work Category Data Element Code Specialty Area (3) Department The term Department (4) Director The term Director (5) Secretary The term Secretary (c) National Cybersecurity Workforce Measurement Initiative (1) In general The Secretary shall— (A) identify all cybersecurity workforce positions within the Department; (B) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (C) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management’s Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education’s National Cybersecurity Workforce Framework report, in accordance with paragraph (2). (2) Employment codes (A) Procedures Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish procedures— (i) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. (B) Code assignments Not later than 9 months after the date of the enactment of this Act, the Secretary shall assign the appropriate employment code to— (i) each employee within the Department who carries out cybersecurity functions; and (ii) each open position within the Department that have been identified as having cybersecurity functions. (3) Progress report Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this subsection to the appropriate congressional committees. (d) Identification of cybersecurity specialty areas of critical need (1) In general Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to subsection (c)(2)(B), and annually through 2021, the Secretary, in consultation with the Director, shall— (A) identify Cybersecurity Work Categories and Specialty Areas of critical need in the Department’s cybersecurity workforce; and (B) submit a report to the Director that— (i) describes the Cybersecurity Work Categories and Specialty Areas identified under subparagraph (A); and (ii) substantiates the critical need designations. (2) Guidance The Director shall provide the Secretary with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including— (A) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (B) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (3) Cybersecurity critical needs report Not later than 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall— (A) identify Specialty Areas of critical need for cybersecurity workforce across the Department; and (B) submit a progress report on the implementation of this subsection to the appropriate congressional committees. (e) Government Accountability Office status reports The Comptroller General of the United States shall— (1) analyze and monitor the implementation of subsections (c) and (d); and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation. July 14, 2014 Reported with an amendment

DHS Cybersecurity Workforce Recruitment and Retention Act of 2014

Don't Tax Our Fallen Public Safety Heroes Act - Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, federal public safety officer death benefits or amounts paid under a state program to surviving dependents of a public safety officer who died as the direct and proximate result of a personal injury sustained in the line of duty.

To amend the Internal Revenue Code of 1986 to exclude certain compensation received by public safety officers and their dependents from gross income. 1. Short title This Act may be cited as the Don’t Tax Our Fallen Public Safety Heroes Act 2. Exclusion of certain compensation received by public safety officers and their dependents (a) In general Subsection (a) of section 104 and ; and (6) amounts received pursuant to— (A) section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796 (B) a program established under the laws of any State which provides monetary compensation for surviving dependents of a public safety officer who has died as the direct and proximate result of a personal injury sustained in the line of duty. . (b) Effective date The amendments made by this section shall apply to amounts received after the date of the enactment of this Act.

Don't Tax Our Fallen Public Safety Heroes Act

Mojave National Preserve Boundary Adjustment Act of 2014 - Transfers administrative jurisdiction of 525 acres of land from the National Park Service to the Bureau of Land Management (BLM) for a rail project. Directs the Secretary of the Interior to acquire by donation approximately four acres of land within or adjacent to the Mojave National Preserve in California to be used for mitigation for every one acre of land removed from the Preserve. Requires the acquired land to become part of the Preserve. Authorizes the Secretary to permit cattle grazing on the acquired land in accordance with applicable National Park Service laws and policies. Provides for the transferred land to remain withdrawn from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the general mining laws; and (3) the mining leases, mineral materials, and geothermal leasing laws.

To adjust the boundary of the Mojave National Preserve. 1. Short title This Act may be cited as the Mojave National Preserve Boundary Adjustment Act of 2014 2. Definitions In this Act: (1) Director The term Director (2) Preserve The term preserve 16 U.S.C. 410aaa–42 (3) Secretary The term Secretary 3. Boundary adjustment of the Mojave National Preserve (a) Land acquisition The Secretary shall— (1) prior to any construction on land described in paragraph (2), acquire by donation approximately 4 acres of land within or adjacent to the boundary of the preserve to be used for mitigation for every 1 acre of land removed from the preserve under paragraph (2); and (2) on the date of enactment of this Act, transfer administrative jurisdiction of approximately 525 acres of land from the Director to the Director of the Bureau of Land Management, as generally depicted on the map entitled Mojave National Preserve—Proposed Boundary Adjustment (b) Boundary adjustment The land acquired under subsection (a) shall be part of the preserve and the boundary of the preserve shall be adjusted to reflect the acquisition and transfer of administrative jurisdiction of the land under subsection (a). (c) Availability of map The map described in subsection (a)(2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Administration of land (1) In general The land acquired under subsection (a) shall be administered by the Director as part of the preserve in accordance with all applicable laws (including regulations). (2) Grazing (A) In general The Secretary shall permit cattle grazing on the land acquired under subsection (a), in accordance with applicable National Park Service laws and policies— (i) except as provided in subparagraph (B), during the period beginning on the date on which the land is acquired and ending on the date that is 25 years after the date on which the land is acquired; and (ii) to the same extent permitted on the land referred to in subsection (a)(1) on the day before the date of enactment of this Act. (B) Permanent termination of grazing The authority of the Secretary granted under subparagraph (A) terminates on the day on which the period described in clause (i) of that subparagraph expires. (3) Withdrawal Subject to valid existing rights, the land transferred under subsection (a)(2) remains withdrawn from— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the general mining laws; and (C) the mining leases, mineral materials, and geothermal leasing laws. (4) Reversionary clause The land transferred under subsection (a)(2) may, at the discretion of the Director, revert back to the National Park Service to be included in the preserve if construction has not occurred on the land during the period beginning on the date on which the land is transferred and ending on the date that is 10 years after the date on which the land is transferred.

Mojave National Preserve Boundary Adjustment Act of 2014

Department of Defense Suicide Tracking Act of 2014 - Requires the Secretary of Defense (DOD) to submit to Congress a policy for the development of a standard method for collecting, reporting, and assessing suicide data and suicide-attempt data involving members of the Armed Forces, including reserve components, and their dependents.

To provide for improvements in the consistency of data collection, reporting, and assessment in connection with the suicide prevention efforts of the Department of Defense. 1. Short title This Act may be cited as the Department of Defense Suicide Tracking Act of 2014 2. Improvement of consistency in collection, reporting, and assessment of data in Department of Defense suicide prevention efforts (a) Policy for standard suicide data collection, reporting, and assessment The Secretary of Defense shall prescribe a policy for the development of a standard method for collecting, reporting, and assessing suicide data and suicide-attempt data involving members of the Armed Forces, including reserve components thereof, and their dependents in order to improve the consistency and comprehensiveness of— (1) the suicide prevention policy developed pursuant to section 582 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) the suicide prevention and resilience program for the National Guard and Reserves established pursuant to section 10219 (b) Submittal of policy and congressional briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the policy developed under subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives. At the request of the committees, the Secretary also shall brief the committees on the policy and the implementation status of a standardized suicide data collection, reporting, and assessment method pursuant to the policy. (c) Consultation and implementation In the case of the suicide prevention and resilience program for the National Guard and Reserves referred to in subsection (a)(2)— (1) the Secretary shall develop the policy required by subsection (a) in consultation with the Chief of the National Guard Bureau; and (2) the adjutants general of the States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands shall implement the policy within 180 days after the date of the submittal of the policy under subsection (b). (d) Dependent defined In this section, the term dependent

Department of Defense Suicide Tracking Act of 2014

Military Opportunities for Mothers Act or the MOM Act - Requires military personnel who give birth to a child to be given 42 days of convalescent leave for use in connection with that birth. Allows military personnel up to 42 additional days of leave in connection with the birth of such child upon the expiration of the convalescent leave, but: makes them ineligible for basic pay for any day on which such additional leave is used, although they are to be considered to be on active duty for all other purposes; and their commanding officer may recall them from such leave when necessary to maintain unit readiness.

To amend title 10, United States Code, to authorize additional leave for members of the Armed Forces in connection with the birth of a child. 1. Short title This Act may be cited as the Military Opportunities for Mothers Act MOM Act 2. Availability of additional leave for members of the Armed Forces in connection with the birth of a child Section 701(j) (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) by inserting after (j) (1) Under regulations prescribed by the Secretary concerned, a member of the armed forces who gives birth to a child shall receive 42 days of convalescent leave to be used in connection with the birth of the child. At the discretion of the member, the member shall be allowed up to 42 additional days in a leave of absence status in connection with the birth of the child upon the expiration of the convalescent leave, except that— (A) a member who uses this additional leave is not entitled to basic pay for any day on which such additional leave is used, but shall be considered to be on active duty for all other purposes; and (B) the commanding officer of the member may recall the member to duty from such leave of absence status when necessary to maintain unit readiness. ; and (3) in paragraph (3), as redesignated by paragraph (1) of this section, by striking paragraph (1) paragraphs (1) and (2)

MOM Act

Craig Thomas Rural Hospital and Provider Equity Act of 2014 - Expresses the sense of the Senate that residents of rural and frontier communities should have access to affordable, quality health care. Amends title XVIII (Medicare) of the Social Security Act with respect to: the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals; extension of the temporary increase in payments to certain rural hospitals (Medicare hold harmless provision); the Medicare inpatient hospital payment adjustment for low-volume hospitals; Medicare wage index reclassifications for certain hospitals; Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospitals in certain rural areas; elimination of the isolation test for the cost-based ambulance reimbursement for critical access hospitals; the capital infrastructure revolving loan program; the Medicare incentive payment program for physician scarcity areas; extension of the 1.00 floor on Medicare work geographic adjustment to payments for physician services; permission for physician assistants to order post-hospital extended care services or hospice care; Medicare home health care planning; rural health clinics; a temporary Medicare payment increase for home health services furnished in a rural area; extension of increased Medicare payments for rural ground ambulance services; and coverage of marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance). Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to provide for the extension of the payment for the technical component of certain physician pathology services under Medicare. Directs the Secretary of Health and Human Services (HHS) to encourage and facilitate the adoption of provisions allowing for multistate practitioner practice across state lines. Amends title XVIII (Medicare) of the Social Security Act to extend Medicare part A (Hospital Insurance) coverage and payment, on a reasonable cost basis, to anesthesia services furnished by a physician anesthesiologist in certain rural hospitals in the same manner as payment is made for anesthesia services furnished by a certified registered nurse anesthetist (CRNA) in such hospitals. Establishes the floor at 1.00 on the practice expense geographic index for services furnished during a specified period in certain rural areas outside of frontier states under the Medicare physician fee schedule. Revises the standard for designation of sole community hospitals. Amends the Omnibus Budget Reconciliation Act of 1986, as amended by the Omnibus Budget Reconciliation Act of 1989, to include standby and on-call time costs for CRNAs in determination of the reasonable costs incurred by a hospital or critical access hospital for CRNA services. Amends the Public Health Service Act to extend the authorization of appropriations for grants to states for operation of offices of rural health. Repeals the Medicare 96-hour physician certification requirement for inpatient critical access hospital services. Directs the Secretary to continue to apply through 2014 a certain enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals.

To amend title XVIII of the Social Security Act to protect and preserve access of Medicare beneficiaries in rural areas to health care providers under the Medicare program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Craig Thomas Rural Hospital and Provider Equity 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. Sense of the Senate. Sec. 3. Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals. Sec. 4. Extension and expansion of the Medicare hold harmless provision under the prospective payment system for hospital outpatient department (HOPD) services for certain hospitals. Sec. 5. Temporary improvements to the Medicare inpatient hospital payment adjustment for low-volume hospitals. Sec. 6. Extension of Medicare wage index reclassifications for certain hospitals. Sec. 7. Extension of Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas. Sec. 8. Elimination of isolation test for cost-based ambulance reimbursement for critical access hospitals. Sec. 9. Capital infrastructure revolving loan program. Sec. 10. Extension of Medicare incentive payment program for physician scarcity areas. Sec. 11. Extension of floor on Medicare work geographic adjustment. Sec. 12. Recognition of attending physician assistants as attending physicians to serve hospice patients. Sec. 13. Improving care planning for Medicare home health services. Sec. 14. Rural health clinic improvements. Sec. 15. Temporary Medicare payment increase for home health services furnished in a rural area. Sec. 16. Extension of increased Medicare payments for rural ground ambulance services. Sec. 17. Coverage of marriage and family therapist services and mental health counselor services under Part B Sec. 18. Extension of payment for technical component of certain physician pathology services. Sec. 19. Facilitating the provision of telehealth services across State lines. Sec. 20. Medicare Part A payment for anesthesiologist services in certain rural hospitals based on CRNA pass-through rules. Sec. 21. Temporary floor on the practice expense geographic index for services furnished in rural areas outside of frontier States under the Medicare physician fee schedule. Sec. 22. Revisions to standard for designation of sole community hospitals. Sec. 23. Medicare treatment of standby and on-call time for CRNA services. Sec. 24. State offices of rural health. Sec. 25. Removing Medicare 96-hour physician certification requirement for inpatient critical access hospital services. Sec. 26. Extension of enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2014. 2. Sense of the Senate It is the sense of the Senate that— (1) residents of rural and frontier communities should have access to affordable, quality health care; (2) rural and frontier communities face unique challenges in health care delivery and financing; (3) Federal health policy must reflect the unique needs of residents of rural and frontier communities and such communities in an equitable and sustainable manner; and (4) stakeholders should work collectively to identify innovative policies that address the availability, delivery, and affordability of health care services in rural and frontier communities. 3. Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals Section 1886(d)(5)(F)(xiv)(II) of the Social Security Act 42 U.S.C. 1395ww(d)(5)(F)(xiv)(II) The preceding sentence shall not apply to any hospital with respect to discharges occurring on or after October 1, 2014, and before October 1, 2015. 4. Extension and expansion of the Medicare hold harmless provision under the prospective payment system for hospital outpatient department (HOPD) services for certain hospitals Section 1833(t)(7)(D)(i) of the Social Security Act ( 42 U.S.C. 1395l(t)(7)(D)(i) (1) in subclause (II)— (A) in the first sentence, by inserting and for such services furnished on or after April 1, 2014, and before April 1, 2015, covered OPD services furnished on or after January 1, 2006, and before January 1, 2013, (B) in the second sentence— (i) by striking and 85 85 (ii) by inserting the following before the period at the end: , and 100 percent with respect to such services furnished after April 1, 2014, and before April 1, 2015 (2) in subclause (III)— (A) in the first sentence— (i) by inserting and for such services furnished on or after April 1, 2014, and before April 1, 2015, covered OPD services furnished on or after January 1, 2009, and before January 1, 2013, (ii) by striking 85 percent the applicable percentage (as determined under the second sentence of subclause (II) for the year) (B) in the second sentence, by inserting and in the case of such services furnished on or after April 1, 2014, and before April 1, 2015, covered OPD services furnished on or after January 1, 2010, and before March 1, 2012, 5. Temporary improvements to the Medicare inpatient hospital payment adjustment for low-volume hospitals Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) (1) in subparagraph (C)(i), by striking fiscal years 2011 through 2014 and fiscal year 2015 (before April 1, 2015), 1,600 discharges of individuals entitled to, or enrolled for, benefits under part A fiscal years 2011 through 2013 and fiscal year 2014 (before April 1, 2014), 1,600 discharges of individuals entitled to, or enrolled for, benefits under part A, or, with respect to fiscal year 2014 (after April 1, 2014), fiscal year 2015, and fiscal year 2016 (before January 1, 2016), 2,000 discharges of such individuals (2) in subparagraph (D)— (A) by striking 1,600 the applicable number of (B) by adding at the end the following new sentence: For purposes of the preceding sentence, the term applicable number of discharges 6. Extension of Medicare wage index reclassifications for certain hospitals (a) Extension of correction of mid-Year reclassification expiration for certain hospitals (1) In general In the case of a hospital described in paragraph (2), the Secretary of Health and Human Services shall apply subsection (a) of section 106 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395ww note), as amended by section 117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 ( Public Law 110–173 Public Law 110–275 Public Law 111–148 Public Law 111–309 April 1, 2015 March 31, 2012 (2) Hospital described A hospital described in this paragraph is— (A) a hospital— (i) that is described in subsection (a) of such section 106; and (ii) (I) that is located in a rural area; and (II) for which the Secretary of Health and Human Services has determined the extension under this subsection to be appropriate; or (B) a sole community hospital located in a State with less than 10 people per square mile that was provided with a special exception reclassification extension under section 117(a)(2) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173). (b) Not budget neutral The provisions of this section shall not be effected in a budget-neutral manner. 7. Extension of Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas Section 416(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 42 U.S.C. 1395l–4 42 U.S.C. 1395l 42 U.S.C. 1395l Public Law 111–148 Public Law 111–309 , the portion of fiscal year 2014 after April 1, 2014, or the portion of fiscal year 2015 before April 1, 2015 the 2-year period beginning on July 1, 2010 8. Elimination of isolation test for cost-based ambulance reimbursement for critical access hospitals (a) In general Section 1834(l)(8) of the Social Security Act 42 U.S.C. 1395m(l)(8) (1) in subparagraph (B)— (A) by striking owned and (B) by inserting (including when such services are provided by the entity under an arrangement with the hospital) hospital (2) by striking the comma at the end of subparagraph (B) and all that follows and inserting a period. (b) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2015. 9. Capital infrastructure revolving loan program (a) In General Part A of title XVI of the Public Health Service Act 1603. Capital infrastructure revolving loan program (a) Authority To Make and Guarantee Loans (1) Authority to make loans The Secretary may make loans from the fund established under section 1602(d) to any rural entity for projects for capital improvements, including— (A) the acquisition of land necessary for the capital improvements; (B) the renovation or modernization of any building; (C) the acquisition or repair of fixed or major movable equipment; and (D) such other project expenses as the Secretary determines appropriate. (2) Authority to guarantee loans (A) In general The Secretary may guarantee the payment of principal and interest for loans made to rural entities for projects for any capital improvement described in paragraph (1) to any non-Federal lender. (B) Interest subsidies In the case of a guarantee of any loan made to a rural entity under subparagraph (A), the Secretary may pay to the holder of such loan, for and on behalf of the project for which the loan was made, amounts sufficient to reduce (by not more than 3 percent) the net effective interest rate otherwise payable on such loan. (b) Amount of Loan The principal amount of a loan directly made or guaranteed under subsection (a) for a project for capital improvement may not exceed $5,000,000. (c) Funding Limitations (1) Government credit subsidy exposure The total of the Government credit subsidy exposure under the Credit Reform Act of 1990 scoring protocol with respect to the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, under subsection (a) may not exceed $50,000,000 per year. (2) Total amounts Subject to paragraph (1), the total of the principal amount of all loans directly made or guaranteed under subsection (a) may not exceed $250,000,000 per year. (d) Capital Assessment and Planning Grants (1) Nonrepayable grants Subject to paragraph (2), the Secretary may make a grant to a rural entity, in an amount not to exceed $50,000, for purposes of capital assessment and business planning. (2) Limitation The cumulative total of grants awarded under this subsection may not exceed $2,500,000 per year. (e) Termination of Authority The Secretary may not directly make or guarantee any loan under subsection (a) or make a grant under subsection (d) after January 1, 2015. . (b) Rural Entity Defined Section 1624 of the Public Health Service Act 42 U.S.C. 300s–3 (15) (A) The term rural entity (i) a rural health clinic, as defined in section 1861(aa)(2) of the Social Security Act (ii) any medical facility with at least 1 bed, but with less than 50 beds, that is located in— (I) a county that is not part of a metropolitan statistical area; or (II) a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)); (iii) a hospital that is classified as a rural, regional, or national referral center under section 1886(d)(5)(C) of the Social Security Act (iv) a hospital that is a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of the Social Security Act (B) For purposes of subparagraph (A), the fact that a clinic, facility, or hospital has been geographically reclassified under the Medicare program under title XVIII of the Social Security Act . (c) Conforming Amendments Section 1602 of the Public Health Service Act 42 U.S.C. 300q–2 (1) in subsection (b)(2)(D), by inserting or 1603(a)(2)(B) 1601(a)(2)(B) (2) in subsection (d)— (A) in paragraph (1)(C), by striking section 1601(a)(2)(B) sections 1601(a)(2)(B) and 1603(a)(2)(B) (B) in paragraph (2)(A), by inserting or 1603(a)(2)(B) 1601(a)(2)(B) 10. Extension of Medicare incentive payment program for physician scarcity areas Section 1833(u)(1) of the Social Security Act ( 42 U.S.C. 1395l(u)(1) , and such services furnished on or after April 1, 2014, and before April 1, 2015 2008 11. Extension of floor on Medicare work geographic adjustment Section 1848(e)(1)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1)(E) April 1, 2015 January 1, 2016 12. Recognition of attending physician assistants as attending physicians to serve hospice patients (a) In General Section 1861(dd)(3)(B) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended— (1) by striking or nurse practitioner , the nurse practitioner (2) by inserting , or the physician assistant (as defined in such subsection) subsection (aa)(5)) (b) Permitting physician assistants when delegated by a physician To order hospice care Section 1814(a)(7)(A) of such Act (42 U.S.C. 1395f(a)(7)(A)) is amended— (1) in clause (i)(I), by striking does not include a nurse practitioner only includes a physician assistant if a physician has delegated the authority to make the certification required under this paragraph to such physician assistant (2) by amending clause (ii) to read as follows: (ii) in a subsequent 90- or 60-day period— (I) the medical director or physician described in clause (i)(II); (II) a physician employed by the hospice program providing (or arranging for) the care or providing care to the individual under arrangement with such hospice program; (III) a nurse practitioner employed by such hospice program or providing care to the individual under arrangement with such hospice program; or (IV) a physician assistant employed by such hospice program or providing care to the individual under arrangement with such hospice program, provided that an individual described in subclause (I) or (II) has delegated the authority to make the recertification required under this clause to such physician assistant, recertifies at the beginning of the period that the individual is terminally ill based on such clinical judgment; . (c) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2015. 13. Improving care planning for Medicare home health services (a) Part A provisions Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (C)— (i) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) by striking , and, in the case of a certification made by a physician face-to-face encounter , and, in the case of a certification made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2015, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the flush matter following paragraph (8)— (A) in the first sentence, by inserting certified nurse-midwife, clinical nurse specialist, (B) in the second sentence— (i) by striking physician certification certification (ii) by inserting (or on January 1, 2015, in the case of regulations to implement the amendments made by section 13 of the Craig Thomas Rural Hospital and Provider Equity Act of 2014 1981 (iii) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (C) in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (b) Part B provisions Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (A)— (i) in each of clauses (ii) and (iii) of subparagraph (A) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) in clause (iv), by striking after January 1, 2010 face-to-face encounter made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2015, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) physician (3) in the fourth sentence— (A) by striking physician certification certification (B) by inserting (or on January 1, 2015, in the case of regulations to implement the amendments made by section 13 of the Craig Thomas Rural Hospital and Provider Equity Act of 2014 1981 (C) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (4) in the fifth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (c) Definition provisions (1) Home health services Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) (A) in the matter preceding paragraph (1)— (i) by inserting , a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5)) physician (ii) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (B) in paragraph (3), by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (2) Home health agency Section 1861(o)(2) of the Social Security Act ( 42 U.S.C. 1395x(o)(2) (A) by inserting , nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5)) physicians (B) by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant, physician (d) Home health prospective payment system provisions Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended— (1) in subsection (c)(1), by inserting , the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)), physician (2) in subsection (e)— (A) in paragraph (1)(A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5)) physician (B) in paragraph (2)— (i) in the heading, by striking Physician certification Rule of construction regarding requirement for certification (ii) by striking physician (e) Effective Date The amendments made by this section shall apply to items and services furnished on or after January 1, 2015. 14. Rural health clinic improvements Section 1833(f) of the Social Security Act (1) in paragraph (1), by striking , and (2) in paragraph (2)— (A) by inserting (before 2015) in a subsequent year (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (3) in 2015, at $101 per visit; and (4) for years following 2015, at the limit established under this subsection for the previous year increased by the percentage increase in the MEI (as so defined) applicable to primary care services (as so defined) furnished as of the first day of that year. . 15. Temporary Medicare payment increase for home health services furnished in a rural area Section 421(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2283), as amended by section 5201(b) of the Deficit Reduction Act of 2005 ( Public Law 109–171 Public Law 111–148 January 1, 2016, 3 percent April 1, 2014, and episodes and visits ending on or after April 1, 2015, and before January 1, 2016, 3 percent 16. Extension of increased Medicare payments for rural ground ambulance services (a) In general Section 1834(l)(13)(A)(i) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)(i)) is amended by striking before April 1, 2015 before April 1, 2014, or 5 percent if such service is furnished on or after April 1, 2014, and before January 1, 2016 (b) Super rural ambulance Section 1834(l)(12)(A) of the Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended by striking April 1, 2015 January 1, 2016 17. Coverage of marriage and family therapist services and mental health counselor services under Part B (a) Coverage of Services (1) In general Section 1861(s)(2) of the Social Security Act 42 U.S.C. 1395x(s)(2) (A) in subparagraph (EE), by striking and (B) in subparagraph (FF), by inserting and (C) by adding at the end the following new subparagraph: (GG) marriage and family therapist services (as defined in subsection (iii)(1)) and mental health counselor services (as defined in subsection (iii)(3)); . (2) Definitions Section 1861 of the Social Security Act (iii) Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor (1) The term marriage and family therapist services (2) The term marriage and family therapist (A) possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; (B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and (C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. (3) The term mental health counselor services (4) The term mental health counselor (A) possesses a master’s or doctor’s degree in mental health counseling or a related field; (B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and (C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State. . (3) Provision for payment under part B Section 1832(a)(2)(B) of the Social Security Act (v) marriage and family therapist services (as defined in section 1861(iii)(1)) and mental health counselor services (as defined in section 1861(iii)(3)); . (4) Amount of payment Section 1833(a)(1) of the Social Security Act 42 U.S.C. 1395l(a)(1) (A) by striking and (Z) (Z) (B) by inserting before the semicolon at the end the following: , and (AA) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L) (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act 42 U.S.C. 1395yy(e)(2)(A)(ii) marriage and family therapist services (as defined in section 1861(iii)(1)), mental health counselor services (as defined in section 1861(iii)(3)), qualified psychologist services, (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims Section 1842(b)(18)(C) of the Social Security Act (vii) A marriage and family therapist (as defined in section 1861(iii)(2)). (viii) A mental health counselor (as defined in section 1861(iii)(4)). . (b) Coverage of Certain Mental Health Services Provided in Certain Settings (1) Rural health clinics and federally qualified health centers Section 1861(aa)(1)(B) of the Social Security Act 42 U.S.C. 1395x(aa)(1)(B) or by a clinical social worker (as defined in subsection (hh)(1)) , by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (iii)(2)), or by a mental health counselor (as defined in subsection (iii)(4)) (2) Hospice programs Section 1861(dd)(2)(B)(i)(III) of the Social Security Act , marriage and family therapist, or mental health counselor social worker (c) Authorization of marriage and family therapists and mental health counselors To develop discharge plans for post-Hospital services Section 1861(ee)(2)(G) of the Social Security Act , including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary (d) Effective Date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2015. 18. Extension of payment for technical component of certain physician pathology services Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106–554 42 U.S.C. 1395w–4 42 U.S.C. 1395w–4 Public Law 110–173 Public Law 110–275 Public Law 111–148 Public Law 111–309 2010, and 2011 2010, 2011, the portion of fiscal year 2014 after April 1, 2014, and the portion of fiscal year 2015 before April 1, 2015 19. Facilitating the provision of telehealth services across State lines (a) In general For purposes of expediting the provision of telehealth services, for which payment is made under the Medicare program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner practice across State lines. (b) Definitions In subsection (a): (1) Telehealth service The term telehealth service Social Security Act (2) Physician, practitioner The terms physician practitioner (3) Medicare program The term Medicare program Social Security Act 42 U.S.C. 1395 et seq. 20. Medicare Part A payment for anesthesiologist services in certain rural hospitals based on CRNA pass-through rules (a) In general Section 1814 of the Social Security Act ( 42 U.S.C. 1395f (m) Anesthesiologist services provided in certain rural hospitals (1) Notwithstanding any other provision of this title, coverage and payment shall be provided under this part for physicians' services that are anesthesia services furnished by a physician who is an anesthesiologist in a rural hospital described in paragraph (3) in the same manner as payment is made under the exception provided in section 9320(k) of the Omnibus Budget Reconciliation Act of 1986, as added by section 608(c)(2) of the Family Support Act of 1988 and amended by section 6132 of the Omnibus Budget Reconciliation Act of 1989, (relating to payment on a reasonable cost, pass-through basis) for certified registered nurse anesthetist services furnished by a certified registered nurse anesthetist in a hospital described in such section 9320(k). (2) No payment shall be made under any other provision of this title for physicians' services for which payment is made under this subsection. (3) A rural hospital described in this paragraph is a hospital described in section 9320(k) of the Omnibus Budget Reconciliation Act of 1986, as so added and amended, except that— (A) any reference in such section to a certified registered nurse anesthetist anesthetist physician who is an anesthesiologist anesthesiologist (B) any reference to January 1, 1988 1987 . (b) Effective date The amendment made by subsection (a) shall apply to services furnished during cost reporting periods beginning on or after the date of the enactment of this Act. 21. Temporary floor on the practice expense geographic index for services furnished in rural areas outside of frontier States under the Medicare physician fee schedule Section 1848(e)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1) (J) Floor at 1.0 on practice expense geographic index for services furnished in rural areas outside of frontier States For purposes of payment for services furnished in a rural area (other than a rural area located in a State to which subparagraph (I) applies) on or after April 1, 2014, and before April 1, 2015, after calculating the practice expense index under subparagraph (A)(i), the Secretary shall increase any such index to 1.0 if such index would otherwise be less than 1.0. The preceding sentence shall not be applied in a budget neutral manner. . 22. Revisions to standard for designation of sole community hospitals Section 1886(d)(5)(D)(iv) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(D)(iv) Under such standard, the time required for an individual to travel to the nearest alternative source of care shall be measured over improved roads maintained by a local, State, or Federal Government entity for use by the general public which is the most expeditious and accessible route as designated by law enforcement for emergency vehicle travel. 23. Medicare treatment of standby and on-call time for CRNA services (a) In general Section 9320(k) of the Omnibus Budget Reconciliation Act of 1986 ( 42 U.S.C. 1395k (3) In determining the reasonable costs incurred by a hospital or critical access hospital for the services of a certified registered nurse anesthetist under this subsection, the Secretary shall include standby costs and on-call costs incurred by the hospital or critical access hospital, respectively, with respect to such nurse anesthetist. . (b) Effective date The amendment made by subsection (a) shall apply to costs incurred in cost reporting periods beginning in fiscal years after fiscal year 2005 and before fiscal year 2015. 24. State offices of rural health Section 338J(j)(1) of the Public Health Service Act ( 42 U.S.C. 254r(j)(1) and 2015 through 2016 25. Removing Medicare 96-hour physician certification requirement for inpatient critical access hospital services (a) In general Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) (1) in paragraph (6), by adding and (2) in paragraph (7), at the end of subparagraph (D)(ii), by striking ; and (3) by striking paragraph (8). (b) Application The amendments made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2014. 26. Extension of enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2014 The Secretary of Health and Human Services shall continue to apply through calendar year 2014 the enforcement instruction described in the notice of the Centers for Medicare & Medicaid Services entitled Enforcement Instruction on Supervision Requirements for Outpatient Therapeutic Services in Critical Access and Small Rural Hospitals for CY 2013

Craig Thomas Rural Hospital and Provider Equity Act of 2014

Stop Corporate Inversions Act of 2014 - Amends the Internal Revenue Code to revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States) to provide that during the period beginning after May 8, 2014, and before May 9, 2016, a foreign corporation that acquires the properties of a U.S. corporation or partnership shall be treated as an inverted corporation and thus subject to U.S. taxation if, after such acquisition: (1) it holds more than 50% of the stock of the new entity (expanded affiliated group), or (2) the management or control of the new entity occurs primarily within the United States and the new entity has significant domestic business activities.

To amend the Internal Revenue Code of 1986 to modify the rules relating to inverted corporations. 1. Short title This Act may be cited as the Stop Corporate Inversions Act of 2014 2. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent 60 percent (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, and before May 9, 2016, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country relevant foreign country the United States . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, after March 4, 2003, and before May 9, 2014, or after May 8, 2016, (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (ii) by inserting or (b)(2)(A) (a)(2)(B)(i) (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, (a)(2)(B)(ii) (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, surrogate foreign corporation (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014.

Stop Corporate Inversions Act of 2014

Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act - Amends title XI of the Social Security Act with respect to standards for financial and administrative transactions and their data elements to enable the electronic exchange of health information. Requires the Secretary of Health and Human Services (HHS) to adopt standards that: (1) ensure that any entity producing and transmitting valid transactions that include code sets for appropriate data elements is subject to a consistent, industry-wide framework that supports a seamless transition to new and modified code sets; and (2) establish an end-to-end testing procedure for new and modified code sets that shall require the participation of any entity producing and transmitting valid transactions that use the new or modified code set. Prohibits the Secretary from adopting a new or modified code set unless the Secretary: (1) assesses its impact on fraud prevention and pre-payment review, determines that anti-fraud edits work as intended, and confirms that a plan is in place to ensure continuing effective detection of fraud following the adoption of the code set; (2) ensures that the end-to-end testing procedure established has been completed; and (3) completes end-to-end testing with any federal government entity that produces and transmits valid transactions that include the code set with private sector tracking partners. Exempts routine, regularly scheduled updates to existing code sets from such prohibition. Directs the Secretary, with respect to information supplied to it by a disclosing entity about those with an ownership or control interest in the entity, to verify such information in a specified manner and confirm the accuracy of any Social Security account number or employer identification number. Holds immune from civil liability (in a safe harbor) any non-governmental entity participating in a Healthcare Fraud Prevention Partnership, including private insurers, for sharing information about potentially fraudulent providers with each other, HHS, the Department of Justice (DOJ), any other federal or state law enforcement agency, any federal or state agency contractor, and another Partnership participant. Directs the Medicare Payment Advisory Commission (MEDPAC) to study administrative efforts to strengthen program integrity in the Medicare program. Amends the Small Business Jobs Act of 2010, with respect to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program, to require predictive analytics technologies to capture outcome information on civil recoveries, administrative actions, and criminal convictions for fraud.

To amend title XVIII of the Social Security Act to crack down on fraud in the Medicare program to protect seniors, people with disabilities, and taxpayers. 1. Short title This Act may be cited as the Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act 2. Ensuring that new medical coding systems do not compromise fraud prevention efforts (a) In general Section 1173(c) of the Social Security Act ( 42 U.S.C. 1320d–2(c) (1) in paragraph (1)— (A) in subparagraph (A), by striking ; or or, if no code sets for such data elements have been developed, establish code sets for the data elements; (B) by striking subparagraph (B) and adding the following new subparagraphs: (B) ensure that any entity producing and transmitting valid transactions that include code sets are subject to a consistent, industry-wide framework that supports a seamless transition to new and modified code sets; and (C) establish, by a rule promulgated after notice and an opportunity for a hearing on the record, an end-to-end testing procedure for new and modified code sets that shall require the participation of any entity producing and transmitting valid transactions that use such new or modified code set. ; and (2) by adding at the end the following paragraphs: (3) Adopting new and modified code sets The Secretary shall not adopt a new or modified code set unless the Secretary— (A) assesses the impact of the code set on fraud prevention and pre-payment review, determines that anti-fraud edits work as intended, and confirms that a plan is in place to ensure continuing effective detection of fraud following the adoption of the code set; (B) ensures that the end-to-end testing procedure established by the Secretary under paragraph (1) has been completed; and (C) completes end-to-end testing with any Federal Government entity that produces and transmits valid transactions that include the code set with private sector tracking partners. (4) Routine updates to existing code sets Paragraph (3) shall not apply to routine, regularly scheduled updates to existing code sets. . (b) Effective date The amendments made by this section shall be effective as of October 1, 2015. 3. Verification of provider ownership interests (a) In general Section 1124(c) of the Social Security Act ( 42 U.S.C. 1320a–3(c) (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following paragraph: (5) Verification of Information (A) In general With respect to information supplied by a disclosing entity under subsections (a) and (b), the Secretary shall— (i) verify such information by comparing it to available data on the provider collected through disclosures made to the Secretary under section 1128G(a)(2), or, in the case of a disclosing entity to which section 1128G(a)(2) does not apply, verify such information through comparison with at least one other public or private database which contains information as to the identity of each person with an ownership or control interest in the entity; and (ii) confirm the accuracy of any social security account number or employer identification number supplied under subsection (a) by verifying— (I) each social security account number with the Commissioner of Social Security; and (II) each employer identification number with the Secretary of the Treasury. (B) Discrepancies If the comparison described in subparagraph (A)(i) reveals a discrepancy between information supplied by a disclosing entity under subsections (a) and (b) and available data on the provider collected through disclosures made to the Secretary under section 1128G(a)(2), the Secretary shall independently verify the accuracy of such data collected under section 1128G(a)(2) before taking any action against a provider based on such discrepancy. . (b) Effective date The amendments made by this section shall be effective as of the date that is 1 year after the date of enactment of this Act. 4. Supporting public and private information sharing to prevent health care fraud (a) Definitions In this section: (1) Healthcare fraud prevention partnership; Partnership The terms Healthcare Fraud Prevention Partnership Partnership (2) Private insurer The term private insurer health insurance issuer 42 U.S.C. 300GG–91(b)(2) (b) Safe harbor for the sharing of information (1) General immunity (A) In general A non-governmental entity participating in the Partnership (including a private insurer) that— (i) provides data or information described in clause (i) or (ii) of subparagraph (B) to the Department of Health and Human Services, the Department of Justice, any other Federal or State law enforcement agency, any contractor of such Department or agency, or another entity participating in the Partnership (including a private insurer); or (ii) uses such data or information as permitted by this subsection, shall be immune from civil liability with respect to the provision or authorized use of such data or information. (B) Data or information (i) Data The data described in this clause is aggregated claims data or other information described in clause (ii) that does not include individually identifiable information with respect to any health care provider, supplier, or beneficiary, whether or not analysis of such information results in the identification of a health care provider, supplier, or other person or organization as having committed fraud or having committed acts suspected of being fraudulent. (ii) Information The information described in this clause is information concerning fraud or suspected fraudulent acts that identifies a specific health care provider, supplier, or other person or organization if the provider, supplier, or other person or organization so identified— (I) is the subject of a bona fide fraud investigation conducted by the entity participating in the Partnership, including a private insurer, that is providing the information; (II) is the subject of a fraud-related allegation that has been filed by or received by the entity participating in the Partnership, including a private insurer, that is providing the information; or (III) has been convicted of a fraud-related offense. (2) Limitation The immunity described in paragraph (1) shall apply only where— (A) the data or information involved was provided in good faith and without malice; and (B) the data or information provided is true, based on a reasonable belief, to the knowledge of the person providing the information, or if false, the information is provided without knowledge of, and without reckless disregard for, its falsity. (3) Use of Partnership data or information For purposes of this subsection, data or information relating to a specific provider or supplier received by a private insurer solely through the Partnership shall be used, with respect to such provider or supplier, only for the purpose of informing decisionmaking by the private insurer related to fraud investigations, including whether to conduct such an investigation. Nothing in the preceding sentence shall prevent a private insurer or other entity participating in the Partnership from taking other actions, not specific to such provider or supplier, based on such data or information. (c) Report Not later than October 1 of each calendar year that begins after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Special Committee on Aging, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, a report that describes the activities of the Healthcare Fraud Prevention Partnership. Such report shall include— (1) a description of how input was obtained from private insurers regarding the appropriate usage of data shared through the Healthcare Fraud Prevention Partnership; and (2) plans for the Partnership to be expanded to encompass a representative sample of national private insurers and to include health care provider organizations. 5. MedPAC study and report (a) Study The Medicare Payment Advisory Commission shall conduct a study on administrative efforts to strengthen program integrity in the Medicare program. Such study may include— (1) an evaluation of ways to detect fraudulent claims before payment is made; (2) a review of the efficiency and effectiveness of post-payment recovery methods; (3) analysis by the Centers for Medicare & Medicaid Services and public reporting of claims and spending patterns; and (4) a review of the organizational structure and resources of the Centers for Medicare & Medicaid Services as they relate to program integrity. (b) Report Not later than June 15, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Commission determines appropriate. 6. Ability to measure fraud prevention efforts Section 4241 of the Small Business Jobs Act of 2010 ( 42 U.S.C. 1320a–7m (1) in subsection (b)(4), by inserting and on civil recoveries, administrative actions, and criminal convictions for fraud reimbursement (2) in subsection (c), by adding at the end the following paragraph: (7) Implementation of amendments The Secretary shall implement amendments made to this subsection by the Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act .

A bill to amend title XVIII of the Social Security Act to crack down on fraud in the Medicare program to protect seniors, people with disabilities, and taxpayers.

Prohibits the payment of performance awards to employees in the Veterans Health Administration in FY2015.

To prohibit the payment of performance awards in fiscal year 2015 to employees in the Veterans Health Administration, and for other purposes. 1. Prohibition on payment of performance awards to employees in Veterans Health Administration Notwithstanding section 5384

A bill to prohibit the payment of performance awards in fiscal year 2015 to employees in the Veterans Health Administration, and for other purposes.

Bipartisan Sportsmen's Act of 2014 - Revises a variety of existing programs to expand access to, and opportunities for, hunting, fishing, and recreational shooting. Reauthorizes the Federal Land Transaction Facilitation Act, the North American Wetlands Conservation Act, and the National Fish and Wildlife Foundation Establishment Act. Gives the Secretary of the Interior permanent authority to permit states to issue temporary electronic duck stamps (federal licenses required for hunting migratory waterfowl). Exempts components of firearms and ammunition and sport fishing equipment and its components (such as lead sinkers) from regulations of chemical substances under the Toxic Substances Control Act (TSCA). Increases the proportion of funding from the Pittman-Robertson Wildlife Restoration Act that states may use for public target ranges. Requires the Secretary to issue permits for the importation of polar bear parts taken in sports hunts in Canada before May 15, 2008 (when the species was listed as threatened). Revises standards for determining what a baited area is for purposes of the prohibition on taking migratory game birds. Directs federal public land management officials to facilitate hunting, fishing, and recreational shooting on federal public land. Makes land under the jurisdiction of the Bureau of Land Management (BLM) or the Forest Service open for hunting, fishing, and recreational shooting unless the managing agency acts to close the lands. Allocates funds from the Land and Water Conservation Fund for priority projects that secure public access to federal public lands that have significantly restricted access for hunting, fishing, and other recreational purposes.

To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Bipartisan Sportsmen's 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—Regulatory reforms Sec. 101. Electronic duck stamps. Sec. 102. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. Sec. 103. Target practice and marksmanship. Sec. 104. Exemption for subsistence users. Sec. 105. Permits for importation of polar bear trophies taken in sport hunts in Canada. Sec. 106. Baiting of migratory game birds. Sec. 107. Recreational fishing, hunting, and recreational shooting on Federal public land. Sec. 108. Annual permit and fee for film crews of 5 persons or fewer. TITLE II—Habitat conservation Sec. 201. Availability of Land and Water Conservation Fund for recreational public access projects. Sec. 202. Federal Land Transaction Facilitation Act. Sec. 203. North American Wetlands Conservation Act. Sec. 204. National Fish and Wildlife Foundation Establishment Act. I Regulatory reforms 101. Electronic duck stamps (a) Definitions In this section: (1) Actual stamp The term actual stamp 16 U.S.C. 718a et seq. Duck Stamp Act (2) Automated licensing system (A) In general The term automated licensing system (B) Inclusion The term automated licensing system (3) Electronic stamp The term electronic stamp (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under subsection (c)(3). (4) Secretary The term Secretary (b) Authority to issue electronic duck stamps (1) In general The Secretary may authorize any State to issue electronic stamps in accordance with this section. (2) Consultation The Secretary shall implement this section in consultation with State management agencies. (c) State application (1) Approval of application required The Secretary may not authorize a State to issue electronic stamps under this section unless the Secretary has received and approved an application submitted by the State in accordance with this section. (2) Number of new states The Secretary may determine the number of new States per year to participate in the electronic stamp program. (3) Contents of application The Secretary may not approve a State application unless the application contains— (A) a description of the format of the electronic stamp that the State will issue under this section, including identifying features of the licensee that will be specified on the stamp; (B) a description of any fee the State will charge for issuance of an electronic stamp; (C) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (D) the manner by which the State will transmit electronic stamp customer data to the Secretary; (E) the manner by which actual stamps will be delivered; (F) the policies and procedures under which the State will issue duplicate electronic stamps; and (G) such other policies, procedures, and information as may be reasonably required by the Secretary. (4) Publication of deadlines, eligibility requirements, and selection criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (A) deadlines for submission of applications; (B) eligibility requirements for submitting applications; and (C) criteria for approving applications. (d) State obligations and authorities (1) Delivery of actual stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this section shall receive an actual stamp— (A) by not later than the date on which the electronic stamp expires under subsection (e)(3); and (B) in a manner agreed upon by the State and Secretary. (2) Collection and transfer of electronic stamp revenue and customer information (A) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this subsection— (i) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (ii) the face value amount of each electronic stamp sold by the State; and (iii) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (B) Time of transmittal The Secretary shall require the submission under subparagraph (A) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (C) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under paragraph (3). (3) Electronic stamp issuance fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this section, including costs of delivery of actual stamps. (4) Duplicate electronic stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (5) Limitation on authority to require purchase of state license A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this section. (e) Electronic stamp requirements; recognition of electronic stamp (1) Stamp requirements The Secretary shall require an electronic stamp issued by a State under this section— (A) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (B) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (2) Recognition of electronic stamp Any electronic stamp issued by a State under this section shall, during the effective period of the electronic stamp— (A) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (B) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (C) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (3) Duration An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. (f) Termination of state participation The authority of a State to issue electronic stamps under this section may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under subsection (c); and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. 102. Modification of definition of sport fishing equipment under the Toxic Substances Control Act (a) In general Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) (1) in clause (v), by striking , and , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, (2) in clause (vi) by striking the period at the end and inserting , and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as the term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986, without regard to paragraphs (6) through (9) thereof), the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . (b) Relationship to other law Nothing in the amendments made by this section affects or limits the application of, or the obligation to comply with, any other Federal, State, or local law. 103. Target practice and marksmanship (a) Findings; purpose (1) Findings Congress finds that— (A) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (B) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (C) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (D) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (i) to promote enjoyment of shooting, recreational, and hunting activities; and (ii) to ensure safe and convenient locations for those activities; (E) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. (F) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (2) Purpose The purpose of this section is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. (b) Definition of public target range In this section, the term public target range (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. (c) Amendments to pittman-robertson wildlife restoration act (1) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following: (2) the term public target range (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (2) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) (A) by striking (b) Each State (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (B) in paragraph (1) (as so designated), by striking construction, operation, operation (C) in the second sentence, by striking The non-Federal share (3) Non-federal share The non-Federal share ; (D) in the third sentence, by striking The Secretary (4) Regulations The Secretary ; and (E) by inserting after paragraph (1) (as designated by subparagraph (A)) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (3) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 (A) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (B) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (C) in subsection (c)(1)— (i) by striking Amounts made (A) In general Except as provided in subparagraph (B), amounts made ; and (ii) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . (d) Sense of congress regarding cooperation It is the sense of Congress that, consistent with applicable laws (including regulations), the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. 104. Exemption for subsistence users Section 3(h)(2) of the Fish and Wildlife Improvement Act of 1978 ( 16 U.S.C. 712(1) A taking authorized under this section shall be exempt from the prohibition on taking under section 1 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a). 105. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5) (D) Polar bear parts (i) In general Notwithstanding subparagraphs (A) and (C)(ii), subsection (d)(3), and sections 101 and 102, the Secretary of the Interior shall, expeditiously after the date on which the expiration of the applicable 30-day period described in subsection (d)(2) expires, issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who submitted, with a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested from a polar bear population from which a sport-hunted trophy could be imported before May 15, 2008, in accordance with section 18.30(i) of title 50, Code of Federal Regulations (or a successor regulation) by the person before May 15, 2008. (ii) Applicability of prohibition on the importation of a depleted species (I) Parts legally harvested before February 18, 1997 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before June 12, 1997. (II) Parts legally harvested before May 15, 2008 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before the date of enactment of the Bipartisan Sportsmen's Act of 2014. . 106. Baiting of migratory game birds Section 3 of the Migratory Bird Treaty Act ( 16 U.S.C. 704 (b) Prohibition of baiting (1) Definitions In this subsection: (A) Baited area (i) In general The term baited area (I) any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if the salt, grain, or feed could lure or attract migratory game birds; and (II) in the case of waterfowl, cranes (family Gruidae), and coots (family Rallidae), a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. (ii) Exclusions An area shall not be considered to be a baited area (I) has been treated with a normal agricultural practice; (II) has standing crops that have not been manipulated; or (III) has standing crops that have been or are flooded. (B) Baiting The term baiting (C) Migratory game bird The term migratory game bird (i) that are within the taxonomic families of Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae; and (ii) for which open seasons are prescribed by the Secretary of the Interior. (D) Normal agricultural practice (i) In general The term normal agricultural practice (I) is carried out in order to produce a marketable crop, including planting, harvest, post-harvest, or soil conservation practices; and (II) is recommended for the successful harvest of a given crop by the applicable State office of the Cooperative Extension System of the Department of Agriculture, in consultation with, and if requested, the concurrence of, the head of the applicable State department of fish and wildlife. (ii) Inclusions (I) In general Subject to subclause (II), the term normal agricultural practice 7 U.S.C. 1501 et seq. 42 U.S.C. 5170 (II) Limitations The term normal agricultural practice 7 U.S.C. 1501 et seq. (E) Waterfowl The term waterfowl (2) Prohibition It shall be unlawful for any person— (A) to take any migratory game bird by baiting or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or (B) to place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area. (3) Regulations The Secretary of the Interior may promulgate regulations to implement this subsection. (4) Reports Annually, the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which the recommendations are provided to agricultural producers. . 107. Recreational fishing, hunting, and recreational shooting on Federal public land (a) Definitions In this section: (1) Federal public land (A) In general The term Federal public land (i) owned by the United States; and (ii) managed by a Federal agency (including the Department of the Interior and the Forest Service) for purposes that include the conservation of natural resources. (B) Exclusions The term Federal public land (i) land or water held or managed in trust for the benefit of Indian tribes or individual Indians; (ii) land or water managed by the Director of the National Park Service or the Director of the United States Fish and Wildlife Service; (iii) fish hatcheries; or (iv) conservation easements on private land. (2) Hunting (A) In general The term hunting (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; or (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife. (B) Exclusion The term hunting (3) Recreational fishing The term recreational fishing (A) an activity for sport or pleasure that involves the lawful— (i) catching, taking, or harvesting of fish; or (ii) attempted catching, taking, or harvesting of fish; or (B) any other activity for sport or pleasure that can reasonably be expected to result in the lawful catching, taking, or harvesting of fish. (4) Recreational shooting The term recreational shooting (A) the discharge of a rifle, handgun, or shotgun; or (B) the use of a bow and arrow. (b) Recreational fishing, hunting, and recreational shooting (1) In general Subject to valid existing rights, and in cooperation with the respective State fish and wildlife agency, a Federal public land management official shall exercise the authority of the official under existing law (including provisions regarding land use planning) to facilitate use of and access to Federal public land for recreational fishing, hunting, and recreational shooting except as limited by— (A) any Federal law (including regulations) that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (B) any other Federal law (including regulations) that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land units of Federal public land, or water; or (C) discretionary limitations on recreational fishing, hunting, and recreational shooting determined to be necessary and reasonable, as supported by the best scientific evidence and advanced through a transparent public process. (2) Management Consistent with paragraph (1), the head of each Federal public land management agency shall exercise the land management discretion of the head— (A) in a manner that supports and facilitates recreational fishing, hunting, and recreational shooting opportunities; (B) to the extent authorized under applicable State law; and (C) in accordance with applicable Federal law. (3) Planning (A) Effects of plans and activities (i) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or recreational shooting Federal public land planning documents (including land resources management plans, resource management plans, travel management plans, and energy development plans) shall include a specific evaluation of the effects of the plans on opportunities to engage in recreational fishing, hunting, or recreational shooting. (ii) Other activity not considered (I) In general Federal public land management officials shall not be required to consider the existence or availability of recreational fishing, hunting, or recreational shooting opportunities on private or public land that is located adjacent to, or in the vicinity of, Federal public land for purposes of— (aa) planning for or determining which units of Federal public land are open for recreational fishing, hunting, or recreational shooting; or (bb) setting the levels of use for recreational fishing, hunting, or recreational shooting on Federal public land. (II) Enhanced opportunities Federal public land management officials may consider the opportunities described in subclause (I) if the combination of those opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (B) Use of volunteers If hunting is prohibited by law, all Federal public land planning documents described in subparagraph (A)(i) of an agency shall, after appropriate coordination with State fish and wildlife agencies, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public land unless the head of the agency demonstrates, based on the best scientific data available or applicable Federal law, why skilled volunteers should not be used to control overpopulation of wildlife on the land that is the subject of the planning document. (4) Bureau of land management and forest service land (A) Land open (i) In general Land under the jurisdiction of the Bureau of Land Management or the Forest Service (including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas, but excluding land on the outer Continental Shelf) shall be open to recreational fishing, hunting, and recreational shooting unless the managing Federal public land agency acts to close the land to the activity. (ii) Motorized access Nothing in this subparagraph authorizes or requires motorized access or the use of motorized vehicles for recreational fishing, hunting, or recreational shooting purposes within land designated as a wilderness study area or administratively classified as wilderness eligible or suitable. (B) Closure or restriction Land described in subparagraph (A)(i) may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law, as determined appropriate by the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable. (C) Shooting ranges (i) In general Except as provided in clause (iii), the head of each Federal public land agency may use the authorities of the head, in a manner consistent with this section and other applicable law— (I) to lease or permit use of land under the jurisdiction of the head for shooting ranges; and (II) to designate specific land under the jurisdiction of the head for recreational shooting activities. (ii) Limitation on liability Any designation under clause (i)(II) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any recreational shooting activity occurring at or on the designated land. (iii) Exception The head of each Federal public land agency shall not lease or permit use of Federal public land for shooting ranges or designate land for recreational shooting activities within a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. (5) Report Not later than October 1 of every other year, beginning with the second October 1 after the date of enactment of this Act, the head of each Federal public land agency who has authority to manage Federal public land on which recreational fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (A) any Federal public land administered by the agency head that was closed to recreational fishing, hunting, or recreational shooting at any time during the preceding year; and (B) the reason for the closure. (6) Closures or significant restrictions of 1,280 or more acres (A) In general Other than closures established or prescribed by land planning actions referred to in paragraph (4)(B) or emergency closures described in subparagraph (C), a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land or water that effectively closes or significantly restricts 1,280 or more contiguous acres of Federal public land or water to access or use for recreational fishing or hunting or activities relating to fishing or hunting shall take effect only if, before the date of withdrawal or change, the head of the Federal public land agency that has jurisdiction over the Federal public land or water— (i) publishes appropriate notice of the withdrawal or change, respectively; (ii) demonstrates that coordination has occurred with a State fish and wildlife agency; and (iii) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (B) Aggregate or cumulative effects If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts or affects 1,280 or more acres of land or water, the withdrawals and changes shall be treated as a single withdrawal or change for purposes of subparagraph (A). (C) Emergency closures (i) In general Nothing in this section prohibits a Federal public land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area of Federal public land to provide for public safety, resource conservation, national security, or other purposes authorized by law. (ii) Termination An emergency closure under clause (i) shall terminate after a reasonable period of time unless the temporary closure is converted to a permanent closure consistent with this section. (7) No priority Nothing in this section requires a Federal agency to give preference to recreational fishing, hunting, or recreational shooting over other uses of Federal public land or over land or water management priorities established by other Federal law. (8) Consultation with councils In carrying out this section, the heads of Federal public land agencies shall consult with the appropriate advisory councils established under Executive Order 12962 ( 16 U.S.C. 1801 16 U.S.C. 661 (9) Authority of states (A) In general Nothing in this section interferes with, diminishes, or conflicts with the authority, jurisdiction, or responsibility of any State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (B) Federal licenses (i) In general Except as provided in clause (ii), nothing in this subsection authorizes the head of a Federal public land agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the State. (ii) Migratory bird stamps Nothing in this subparagraph affects any migratory bird stamp requirement of the Act of March 16, 1934 (16 U.S.C. 718a et seq.)(popularly known as the Duck Stamp Act 108. Annual permit and fee for film crews of 5 persons or fewer (a) Purpose The purpose of this section is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways. (b) Special Rules Section 1(a) of Public Law 106–206 16 U.S.C. 460 l (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; (2) in the first sentence, by striking The Secretary of the Interior (1) In general Except as provided in paragraph (4), the Secretary of the Interior ; (3) in the second sentence, by striking Such fee (2) Criteria The fee established under paragraph (1) ; (4) in the third sentence, by striking The Secretary may (3) Other considerations The Secretary may ; and (5) by adding at the end the following: (4) Special rules for film crews of 5 persons or fewer (A) Definition of film crew In this paragraph, the term film crew (B) Required permit and fee For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary. (C) Commercial filming activities A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit. (D) No additional fees For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B). (E) Use of cameras The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary. (F) Notification required A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land. (G) Denial of access The head of the applicable land management agency may deny access to a film crew under this paragraph if— (i) there is a likelihood of resource damage that cannot be mitigated; (ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public; (iii) the activity poses health or safety risks to the public; or (iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land. . (c) Recovery of Costs Section 1(b) of Public Law 106–206 ( 16 U.S.C. 460 l (1) by striking collect any costs recover any costs (2) by striking similar project similar projects II Habitat conservation 201. Availability of Land and Water Conservation Fund for recreational public access projects (a) Availability of funds Section 3 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–6 3. Availability of funds for certain projects (a) In general Notwithstanding any other provision of this Act, the Secretary of the Interior and the Secretary of Agriculture shall ensure that, of the amounts appropriated for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects identified on the priority list developed under subsection (b). (b) Priority list The Secretary of the Interior and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for the sites under the jurisdiction of the applicable Secretary. (c) Criteria Projects identified on the priority list developed under subsection (b) shall secure recreational public access to Federal public land in existence as of the date of enactment of this section that has significantly restricted access for hunting, fishing, and other recreational purposes through rights-of-way or acquisition of land (or any interest in land) from willing sellers. . (b) Conforming amendments The Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460 l (1) in the proviso at the end of section 2(c)(2) ( 16 U.S.C. 460 l notwithstanding the provisions of section 3 of this Act (2) in the first sentence of section 9 ( 16 U.S.C. 460 l by section 3 of this Act (3) in the third sentence of section 10 ( 16 U.S.C. 460 l by section 3 of this Act 202. Federal Land Transaction Facilitation Act (a) In general The Federal Land Transaction Facilitation Act is amended— (1) in section 203(2) ( 43 U.S.C. 2302(2) on the date of enactment of this Act was is (2) in section 205 ( 43 U.S.C. 2304 (A) in subsection (a), by striking (as in effect on the date of enactment of this Act) (B) by striking subsection (d); (3) in section 206 ( 43 U.S.C. 2305 (4) in section 207(b) ( 43 U.S.C. 2306(b) (A) in paragraph (1)— (i) by striking 96–568 96–586 (ii) by striking ; or (B) in paragraph (2)— (i) by inserting Public Law 105–263; 112 Stat. (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028); (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403); (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11 (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11 (7) section 2601 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (8) section 2606 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 . (b) Deficit Reduction Of the amounts deposited in the Federal Land Disposal Account, there shall be transferred to the Treasury and used for Federal budget deficit reduction, $1,000,000 for each of fiscal years 2015 through 2024. 203. North American Wetlands Conservation Act Section 7(c) of the North American Wetlands Conservation Act ( 16 U.S.C. 4406(c) (1) in paragraph (4), by striking and (2) in paragraph (5), by striking the period at the end and inserting ; and (3) by adding at the end the following: (6) $50,000,000 for each of fiscal years 2014 through 2019. . 204. National Fish and Wildlife Foundation Establishment Act (a) Board of directors of the Foundation (1) In general Section 3 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3702 (A) in subsection (b)— (i) by striking paragraph (2) and inserting the following: (2) In general After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall— (A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and (B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. ; and (ii) by striking paragraph (3) and inserting the following: (3) Terms Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ; and (B) in subsection (g)(2)— (i) in subparagraph (A), by striking (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers (A) In general Officers ; and (ii) by striking subparagraph (B) and inserting the following: (B) Executive Director The Foundation shall have an Executive Director who shall be— (i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and (ii) knowledgeable and experienced in matters relating to fish and wildlife conservation. . (2) Conforming amendment Section 4(a)(1)(B) of the North American Wetlands Conservation Act ( 16 U.S.C. 4403(a)(1)(B) Secretary of the Board Executive Director of the Board (b) Rights and obligations of the Foundation Section 4 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3703 (1) in subsection (c)— (A) by striking (c) Powers (c) Powers (1) In general To carry out the purposes described in ; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking that are insured by an agency or instrumentality of the United States at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking paragraph (3) or (4) subparagraph (C) or (D) (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ; and (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: (K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and (L) to do acts necessary to carry out the purposes of the Foundation. ; and (G) by striking the undesignated matter at the end and inserting the following: (2) Treatment of real property (A) In general For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (B) Encumbered real property A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (3) Savings clause The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts. ; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (c) Authorization of appropriations Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2014 through 2019— (A) $15,000,000 to the Secretary of the Interior; (B) $5,000,000 to the Secretary of Agriculture; and (C) $5,000,000 to the Secretary of Commerce. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Amounts from Federal agencies (A) In general In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. (B) Advances Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. (C) Management fees The Foundation may assess and collect fees for the management of amounts received under this paragraph. ; (B) in paragraph (2)— (i) in the paragraph heading, by striking funds amounts (ii) by striking shall be used may be used (iii) by striking and State and local government agencies , State and local government agencies, and other entities (C) by adding at the end the following: (3) Administration of amounts (A) In general In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is— (i) to address an environmental emergency resulting from a natural or other disaster; or (ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. (B) Reports The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year. ; and (3) by adding at the end the following: (d) Use of gifts, devises, or bequests of money or other property Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. . (d) Limitation on authority Section 11 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3710 exclusive authority May 21, 2014 Read the second time and placed on the calendar

Bipartisan Sportsmen's Act of 2014

Sunshine in Litigation Act of 2014 - Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to protecting public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, subject to exceptions, unless the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety or (2) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information and the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Prohibits a court from approving any party's stipulation or request to stipulate to an order that would violate this Act. Prohibits such a court from: (1) approving or enforcing any provision of an agreement between or among parties, or an order entered under this Act, to the extent that it restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information (requires such information disclosed to a federal or state agency to be confidential to the extent provided by law); or (2) enforcing any provision of a settlement agreement described under this Act between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters relevant to the protection of public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question and that the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure. Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of, and no court shall be prohibited from restricting disclosure of or access to: (1) information classified under a secret Executive order concerning national defense or foreign policy, or (2) intelligence sources and methods. Bars this Act from providing a basis for: (1) granting a motion to reconsider, modify, amend, or vacate a protective or settlement order entered before the effective date of this Act; or (2) reversing such an order retroactively on appeal.

To amend chapter 111 1. Short title This Act may be cited as the Sunshine in Litigation Act of 2014 2. Restrictions on protective orders and sealing of cases and settlements (a) In general Chapter 111 1660. Restrictions on protective orders and sealing of cases and settlements (a) (1) Except as provided under subsection (e), in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records unless in connection with such order the court has first made independent findings of fact that— (A) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (B) (i) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and (ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. (2) No order entered as a result of the operation paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. (3) The party who is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining such an order. (4) This section shall apply even if an order under paragraph (1) is requested— (A) by motion pursuant to rule 26(c) of the Federal Rules of Civil Procedure; or (B) by application pursuant to the stipulation of the parties. (5) (A) The provisions of this section shall not constitute grounds for the withholding of information in discovery that is otherwise discoverable under rule 26 of the Federal Rules of Civil Procedure. (B) A court shall not approve any party’s stipulation or request to stipulate to an order that would violate this section. (b) (1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not approve or enforce any provision of an agreement between or among parties, or approve or enforce an order entered as a result of the operation of subsection (a)(1), to the extent that such provision or such order prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. (2) Any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law. (c) (1) Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement described under subsection (a)(1) between or among parties that prohibits one or more parties from— (A) disclosing the fact that such settlement was reached or the terms of such settlement, other than the amount of money paid; or (B) discussing a civil action, or evidence produced in the civil action, that involves matters relevant to the protection of public health or safety. (2) Paragraph (1) applies unless the court has made independent findings of fact that— (A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and (B) the requested order is no broader than necessary to protect the confidentiality interest asserted. (d) When weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information relating to financial, health or other similar information of an individual outweighs the public interest in disclosure. (e) Nothing in this section— (1) shall prohibit a court from entering an order that would restrict the disclosure of information, or an order restricting access to court records, if in either instance such order is necessary to protect from public disclosure— (A) information classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or (B) intelligence sources and methods; or (2) shall be construed to permit, require, or authorize the disclosure of information that— (A) is classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or (B) reveals intelligence sources and methods. . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: 1660. Restrictions on protective orders and sealing of cases and settlements. . 3. Effective date and application The amendments made by this Act shall— (1) take effect 30 days after the date of enactment of this Act; (2) apply only to orders entered in civil actions or agreements entered into on or after the effective date of this Act; and (3) not provide a basis for the— (A) granting of a motion to reconsider, modify, amend or vacate a protective order or settlement order entered into before the effective date of this Act; or (B) reversal on appeal of a protective order or settlement order entered into before the effective date of this Act.

Sunshine in Litigation Act of 2014

Requires a rail carrier to have a storage plan, meeting specified requirements and approved by the Surface Transportation Board, for any of its rail cars that it stores for three or more years, and continues to store, on tracks (except rail yard or storage yard tracks) that pass through a commercial- or residential-zoned area that were designed or previously used for through transportation of trains.

To prohibit the long-term storage of rail cars on certain railroad tracks unless the Surface Transportation Board has approved the rail carrier’s rail car storage plan. 1. Storage of rail cars (a) Amendment Chapter 109 10911. Storage of rail cars (a) Storage plan requirement (1) In general A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall submit a storage plan to the Board in accordance with subsection (b) if the rail carrier— (A) has stored any rail cars, including rail cars that the rail carrier owns or leases, on tracks described in paragraph (2) for a period of 3 years or more; and (B) continues to store such cars on such tracks on the date of the enactment of this section. (2) Covered tracks Tracks referred to in paragraph (1)(A)— (A) pass through an area zoned for commercial or residential use; (B) were designed or previously used for through transportation of trains; and (C) do not include rail yard or storage yard tracks. (b) Plan (1) Contents A storage plan submitted to the Board under subsection (a)(1) shall contain— (A) an explanation of the rail carrier’s reasons for storing rail cars on the tracks specified in the plan, including an explanation of why a suitable alternative storage site does not exist; (B) a description of the tracks on which the rail cars are stored or will be stored, including the proximity of such tracks to a home or school; (C) evidence that the rail carrier has worked with the relevant local community to develop measures described in subparagraph (D); (D) a description of measures to be undertaken— (i) to ensure that the rail car storage will not jeopardize the public safety for the duration of the period to which the plan applies; and (ii) to mitigate any impacts of the long-term storage of rail cars on the community through which the tracks pass; and (E) an estimated time line for the final disposition of the rail cars to be stored on the specified tracks. (2) Approval (A) In general Not later than 6 months after receiving a storage plan under this section, the Board, after public notice and an opportunity for public comment, shall— (i) approve the plan; or (ii) disapprove the plan if the Board determines that the storage of rail cars covered by the plan jeopardizes public safety, including the safety of children. (B) Basis Any determination under subparagraph (A) shall be based on information provided in the storage plan, by the local community, or through public comment. (c) Authority (1) General rule Except as provided in paragraph (2), a rail carrier providing transportation subject to the jurisdiction of the Board under this part may store rail cars as described in subsection (a) only in accordance with a storage plan approved by the Board under subsection (b)(2). (2) Interim authority (A) In general Except as provided in subparagraph (B), the Board shall authorize the temporary storage of rail cars as described in subsection (a) before a storage plan has been approved under subsection (b)(2) if the Board determines that a plan for such storage has been submitted, or is being prepared for submittal in a timely manner, for approval under subsection (b). (B) Exception The Board may not authorize temporary storage under this paragraph if the Board determines, on its own initiative or pursuant to information provided by the local community, that such storage poses a significant safety hazard, including to the safety of children. (d) Enforcement (1) Petitions The Board shall establish procedures to enable a local governmental entity to petition the Board to enforce the provisions of this section. (2) Penalties Each rail car stored in violation of this section shall constitute a separate violation for purposes of section 11901(a). . (b) Table of sections The table of sections for chapter 109 10911. Storage of rail cars. .

A bill to prohibit the long-term storage of rail cars on certain railroad tracks unless the Surface Transportation Board has approved the rail carrier's rail car storage plan.

Stop Child Summer Hunger Act of 2014 - Amends the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to establish a program providing eligible households with summer Electronic Benefits Transfer (EBT) cards that give children access to food during the summer months to: (1) reduce or eliminate children's food insecurity and hunger, and (2) improve their nutritional status. Defines an "eligible household" as a household that includes one or more children who are eligible to receive free or reduced price meals under the school lunch or breakfast programs. Sets the amount on each summer EBT card at $150 per child in 2016, with adjustments thereafter reflecting changes in reimbursement rates for school meals under the school lunch program. Requires children to be enrolled in the program without further application if they are enrolled to receive free or reduced price meals under the school lunch or breakfast programs. Requires summer EBT cards to be used only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program). Amends the Internal Revenue Code to limit the amount of a taxpayer's foreign-related interest expense that is allowed as a deduction for any taxable year. Sets that limit pursuant to a formula that takes into account a domestic corporation's undistributed foreign earnings.

To amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide summer electronic benefits transfer for children program. 1. Short title This Act may be cited as the Stop Child Summer Hunger Act of 2014 2. Summer electronic benefits transfer for children program Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) (13) Summer electronic benefits transfer for children program (A) Definitions In this paragraph: (i) Eligible household The term eligible household Child Nutrition Act of 1966 (ii) Summer EBT card The term summer EBT card (B) Program The Secretary shall establish a program under which the Secretary shall provide to eligible households summer EBT cards for the purpose of providing access to food for children during summer months— (i) to reduce or eliminate the food insecurity and hunger of children; and (ii) to improve the nutritional status of children. (C) Use An eligible household may use a summer EBT card only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (D) Amount Each summer EBT card issued shall be in an amount of— (i) for calendar year 2016, $150 in food assistance per child per summer; and (ii) for each subsequent calendar year, the amount specified in clause (i) as adjusted to reflect changes in reimbursement rates for school meals under this Act between calendar year 2016 and the most recent calendar year. (E) Timing Summer EBT cards shall be issued at the end of the regular school year. (F) Funding (i) In general On October 1, 2015, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. (ii) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under clause (i), without further appropriation. (G) Regulations (i) In general Not later than October 1, 2015, the Secretary shall issue regulations to carry out this paragraph. (ii) Requirements Regulations issued under this subparagraph shall require that— (I) children shall be eligible to participate and shall be enrolled into the program under this paragraph for a summer without further application if the children are enrolled to participate in the free or reduced price lunch program under this Act or the free or reduced price breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. (II) local educational agencies shall distribute to the families of all children enrolled in schools participating in programs authorized under this Act and the Child Nutrition Act of 1966 (aa) regarding the program authorized under this paragraph, including eligibility rules and how children in eligible households that are not automatically enrolled under subclause (I) may apply for program benefits; and (bb) to assist households receiving summer EBT cards in making healthy food choices and maximizing resources. (iii) Alternative timing (I) In general In issuing regulations under this subparagraph, the Secretary shall allow alternative plans for the timing of issuance of the summer electronic benefit cards under subparagraph (D) in any part of a State in which the school year does not include a typical summer break, on the condition that the Secretary determines that no alternative plan increases or decreases Federal costs. (II) Considerations In developing regulations under subclause (I), the Secretary shall consider the ability of a State effectively to issue benefits under an alternative schedule. . 3. Defer deduction of interest expense related to deferred income (a) In general Section 163 (n) Deferral of deduction for interest expense related to deferred income (1) General rule The amount of foreign-related interest expense of any taxpayer allowed as a deduction under this chapter for any taxable year shall not exceed an amount equal to the applicable percentage of the sum of— (A) the taxpayer's foreign-related interest expense for the taxable year, plus (B) the taxpayer's deferred foreign-related interest expense. For purposes of this paragraph, the applicable percentage is the percentage equal to the current inclusion ratio. (2) Treatment of deferred deductions If, for any taxable year, the amount of the limitation determined under paragraph (1) exceeds the taxpayer's foreign-related interest expense for the taxable year, there shall be allowed as a deduction for the taxable year an amount equal to the lesser of— (A) such excess, or (B) the taxpayer's deferred foreign-related interest expense. (3) Definitions and special rule For purposes of this subsection— (A) Foreign-related interest expense The term foreign-related interest expense (i) the value of all stock held by the taxpayer in all section 902 corporations with respect to which the taxpayer meets the ownership requirements of subsection (a) or (b) of section 902, bears to (ii) the value of all assets of the taxpayer which generate gross income from sources outside the United States. (B) Deferred foreign-related interest expense The term deferred foreign-related interest expense (C) Value of assets Except as otherwise provided by the Secretary, for purposes of subparagraph (A)(ii), the value of any asset shall be the amount with respect to such asset determined for purposes of allocating and apportioning interest expense under sections 861, 864(e), and 864(f). (D) Current inclusion ratio The term current inclusion ratio (i) the sum of all dividends received by the domestic corporation from all such section 902 corporations during the taxable year plus amounts includible in gross income under section 951(a) from all such section 902 corporations, in each case computed without regard to section 78, divided by (ii) the aggregate amount of post-1986 undistributed earnings. (E) Aggregate amount of post-1986 undistributed earnings The term aggregate amount of post-1986 undistributed earnings (F) Foreign currency conversion For purposes of determining the current inclusion ratio, and except as otherwise provided by the Secretary, the aggregate amount of post-1986 undistributed earnings for the taxable year shall be determined by translating each section 902 corporation’s post-1986 undistributed earnings into dollars using the average exchange rate for such year. (G) Section 902 corporation The term section 902 corporation (4) Treatment of affiliated groups The current inclusion ratio of each member of an affiliated group (as defined in section 864(e)(5)(A)) shall be determined as if all members of such group were a single corporation. (5) Application to separate categories of income This subsection shall be applied separately with respect to the categories of income specified in section 904(d)(1). (6) Regulations The Secretary may prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance providing— (A) for the proper application of this subsection with respect to changes in ownership of a section 902 corporation, (B) that certain corporations that otherwise would not be members of the affiliated group will be treated as members of the affiliated group for purposes of this subsection, (C) for the proper application of this subsection with respect to the taxpayer’s share of a deficit in earnings and profits of a section 902 corporation, (D) for appropriate adjustments to the determination of the value of stock in any section 902 corporation for purposes of this subsection or to the foreign-related interest expense to account for income that is subject to tax under section 882(a)(1), and (E) for the proper application of this subsection with respect to interest expense that is directly allocable to income with respect to certain assets. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Stop Child Summer Hunger Act of 2014

Healthy Kids Outdoors Act of 2014 - Authorizes the Secretary of the Interior to issue one cooperative agreement per state to eligible entities to implement and update a five-year Healthy Kids Outdoors State Strategy for encouraging the people of the United States, especially children, youth, and families, to be physically active outdoors. Requires eligible entities to provide a 25% match of the funding that they receive under this Act through in-kind contributions or cash. Directs the President to issue a national strategy for encouraging the people of the United States to be physically active outdoors. Directs the Secretary and the Department of Health and Human Services (HHS) to carry out a study of national significance on the health impacts of the strategies under this Act. Requires the Secretary to provide technical assistance to grantees and to disseminate best practices that emerge from the state strategies funded by this Act.

To authorize the Secretary of the Interior to carry out programs and activities that connect the people of the United States, especially children, youth, and families, with the outdoors. 1. Short title This Act may be cited as the Healthy Kids Outdoors Act of 2014 2. Findings Congress finds as follows: (1) Children today are spending less time outdoors than any generation in human history, as evidenced by studies that show children enjoy half as much time outdoors today as they did just 20 years ago, while spending more than 7 1/2 (2) The health of our children is at risk as evidenced by the growing obesity crisis where, in the past 30 years, childhood obesity has more than doubled in children and quadrupled in adolescents, costing the economy of the United States billions of dollars each year. (3) Our military readiness is declining as nearly 1 in 4 applicants to the military is rejected for being overweight or obese, which is the most common reason for medical disqualification. (4) Research has shown that military children and families are facing increased stress and mental strain and challenges due to multiple, extended deployments. Military family service organizations have developed programs that connect military children and families with positive, meaningful outdoor experiences that benefit mental and physical health, but they lack sufficient resources to meet increasing demand. (5) In addition to the negative economic impact of childhood obesity, the outdoor retail industry, many local tourist destinations or gateway communities (6) Over the past several years, urbanization, changing land use patterns, increasing road traffic, and inadequate solutions to addressing these challenges in the built environment have combined to make it more difficult for many people of the United States to walk or bike to schools, parks, and play areas or experience the natural environment in general. (7) Spending time in green spaces outside the home, including public lands, parks, play areas, and gardens, can increase concentration, inhibition of initial impulses, and self-discipline and has been shown to reduce stress and mental fatigue. In one study, children who were exposed to greener environments in a public housing area demonstrated less aggression, violence, and stress. (8) Visitation to our Nation’s public lands has declined or remained flat in recent years, and yet, connecting with nature and the great outdoors in our communities is critical to fostering the next generation of outdoor enthusiasts who will visit, appreciate, and become stewards of our Nation’s public lands. (9) Spending time outdoors in nature is beneficial to our children’s physical, mental, and emotional health and has been proven to decrease symptoms of attention deficit and hyperactivity disorder, stimulate brain development, improve motor skills, result in better sleep, reduce stress, increase creativity, improve mood, and reduce children’s risk of developing myopia. (10) Children who spend time playing outside are more likely to take risks, seek out adventure, develop self-confidence, and respect the value of nature. A direct childhood experience with nature before the age of 11 promotes a long-term connection to nature. (11) Conservation education and outdoor recreation experiences such as camping, hiking, boating, hunting, fishing, archery, recreational shooting, wildlife watching, and others are critical to engaging young people in the outdoors. (12) As children become more disconnected from the natural world, the hunting and angling conservation legacy of America is at risk. (13) Hunters and anglers play a critical role in reconnecting young people with nature, protecting our natural resources, and fostering a lifelong understanding of the value of conserving the natural world. (14) Research demonstrates that hunters who become engaged in hunting as children are among the most active and interested hunters as adults. The vast majority of hunters report they were introduced to hunting between the ages of 10 and 12, and the overwhelming majority of children are introduced to hunting by an adult. (15) Parks and recreation, youth-serving, service-learning, conservation, health, education, and built-environment organizations, facilities, and personnel provide critical resources and infrastructure for connecting children and families with nature. (16) It takes many dedicated men and women to work to preserve, protect, enhance, and restore America’s natural resources, and with an aging workforce in the natural resource professions, it is critical for the next generation to have an appreciation for nature and be ready to take over these responsibilities. (17) Place-based service-learning opportunities use our lands and waters as the context for learning by engaging students in the process of exploration, action, and reflection. Physical activity outdoors connected with meaningful community service to solve real-world problems, such as removing invasive plants or removing trash from a streambed, strengthens communities by engaging youth as citizen stewards. (18) States nationwide and their community-based partners have some notable programs that connect children and families with nature; however, most States lack sufficient resources and a comprehensive strategy to effectively engage State agencies across multiple fields. (19) States need to engage in cross-sector agency and nonprofit collaboration that involves public health and wellness, parks and recreation, transportation and city planning, and other sectors focused on connecting children and families with the outdoors to increase coordination and effective implementation of the policy tools and programs that a State can bring to bear to provide outdoor opportunities for children and families. 3. Definitions In this Act: (1) Eligible entity The term eligible entity (A) a State; or (B) a consortium from one State that may include such State and municipalities, entities of local or tribal governments, parks and recreation departments or districts, school districts, institutions of higher education, or nonprofit organizations. (2) Local partners The term local partners (3) Secretary The term Secretary (4) State The term State 4. Cooperative agreements for development or implementation of healthy kids outdoors State strategies (a) In general The Secretary is authorized to issue one cooperative agreement per State to eligible entities to develop, implement, and update a 5-year State strategy, to be known as a Healthy Kids Outdoors State Strategy (b) Submission and approval of strategies (1) Applications An application for a cooperative agreement under subsection (a) shall— (A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (f)(1); and (B) include a Healthy Kids Outdoors State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy. (2) Approval of strategy; peer review Not later than 90 days after submission of a Healthy Kids Outdoors State Strategy, the Secretary shall, through a peer review process, approve or recommend changes to the strategy. (3) Strategy update An eligible entity receiving funds under this section shall update its Healthy Kids Outdoors State Strategy at least once every 5 years. Continued funding under this section shall be contingent upon submission of such updated strategies and reports that document impact evaluation methods consistent with the guidelines in subsection (f)(1) and lessons learned from implementing the strategy. (c) Comprehensive strategy requirements The Healthy Kids Outdoors State Strategy under subsection (a) shall include— (1) a description of how the eligible entity will encourage the people of the United States, especially children, youth, and families, to be physically active in the outdoors through State, local, and tribal— (A) public health systems; (B) public parks and recreation systems; (C) public transportation and city planning systems; and (D) other public systems that connect the people of the United States, especially children, youth, and families, to the outdoors; (2) a description of how the eligible entity will partner with nongovernmental organizations, especially those that serve children, youth, and families, including those serving military families and tribal agencies; (3) a description of how State agencies will collaborate with each other to implement the strategy; (4) a description of how funding will be spent through local planning and implementation subgrants under subsection (d); (5) a description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy, including an estimate of the costs associated with such evaluation; (6) a description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy; (7) a description of how the strategy will increase visitation to Federal public lands within the State; and (8) a description of how the eligible entity will leverage private funds to expand opportunities and further implement the strategy. (d) Local planning and implementation (1) In general A Healthy Kids Outdoors State Strategy shall provide for subgrants by the cooperative agreement recipient under subsection (a) to local partners to implement the strategy through one or more of the program activities described in paragraph (2). (2) Program activities Program activities may include— (A) implementing outdoor recreation and youth mentoring programs that provide opportunities to experience the outdoors, be physically active, and teach skills for lifelong participation in outdoor activities, including fishing, hunting, recreational shooting, archery, hiking, camping, outdoor play in natural environments, and wildlife watching; (B) implementing programs that connect communities with safe parks, green spaces, and outdoor recreation areas through affordable public transportation and trail systems that encourage walking, biking, and increased physical activity outdoors; (C) implementing school-based programs that use outdoor learning environments, such as wildlife habitats or gardens, and programs that use service learning to restore natural areas and maintain recreational assets; and (D) implementing education programs for parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for the people of the United States, especially children, youth, and families. (e) Priority In making cooperative agreements under subsection (a) and subgrants under subsection (d)(1), the Secretary and the recipient under subsection (a), respectively, shall give preference to entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability or suffer disproportionately from physical and mental health stressors. (f) Guidelines Not later than 180 days after the date of the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this Act, including guidelines for— (1) developing and submitting strategies and evaluation methods under subsection (b); and (2) technical assistance and dissemination of best practices under section 7. (g) Reporting Not later than 2 years after the Secretary approves the Healthy Kids Outdoors State Strategy of an eligible entity receiving funds under this section, and every year thereafter, the eligible entity shall submit to the Secretary a report on the implementation of the strategy based on the entity’s evaluation and assessment of meeting the goals specified in the strategy. (h) Allocation of funds An eligible entity receiving funding under subsection (a) for a fiscal year— (1) may use not more than 5 percent of the funding for administrative expenses; and (2) shall use at least 95 percent of the funding for subgrants to local partners under subsection (d). (i) Match An eligible entity receiving funding under subsection (a) for a fiscal year shall provide a 25-percent match through in-kind contributions or cash. 5. National strategy for encouraging the people of the United States to be active outdoors (a) In general Not later than September 30, 2015, the President, in cooperation with appropriate Federal departments and agencies, shall develop and issue a national strategy for encouraging the people of the United States, especially children, youth, and families, to be physically active outdoors. Such a strategy shall include— (1) identification of barriers to the people of the United States, especially children, youth, and families, spending healthy time outdoors and specific policy solutions to address those barriers; (2) identification of opportunities for partnerships with Federal, State, tribal, and local partners; (3) coordination of efforts among Federal departments and agencies to address the impacts of the people of the United States, especially children, youth, and families, spending less active time outdoors on— (A) public health, including childhood obesity, attention deficit disorders and stress; (B) the future of conservation in the United States; and (C) the economy; (4) identification of ongoing research needs to document the health, conservation, economic, and other outcomes of implementing the national strategy and State strategies; (5) coordination and alignment with Healthy Kids Outdoors State Strategies; and (6) an action plan for implementing the strategy at the Federal level. (b) Strategy development (1) Public participation Throughout the process of developing the national strategy under subsection (a), the President may use, incorporate, or otherwise consider existing Federal plans and strategies that, in whole or in part, contribute to connecting the people of the United States, especially children, youth, and families, with the outdoors and shall provide for public participation, including a national summit of participants with demonstrated expertise in encouraging individuals to be physically active outdoors in nature. (2) Updating the national strategy The President shall update the national strategy not less than 5 years after the date the first national strategy is issued under subsection (a), and every 5 years thereafter. In updating the strategy, the President shall incorporate results of the evaluation under section 6. 6. National evaluation of health impacts The Secretary, in coordination with the Secretary of Health and Human Services, shall— (1) develop recommendations for appropriate evaluation measures and criteria for a study of national significance on the health impacts of the strategies under this Act; and (2) carry out such a study. 7. Technical assistance and best practices The Secretary shall— (1) provide technical assistance to grantees under section 4 through cooperative agreements with national organizations with a proven track record of encouraging the people of the United States, especially children, youth, and families, to be physically active outdoors; and (2) disseminate best practices that emerge from strategies funded under this Act. 8. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary to carry out this Act— (1) $1,000,000 for fiscal year 2015; (2) $2,000,000 for fiscal year 2016; and (3) $3,000,000 for fiscal year 2017. (b) Limitation Of the amounts made available to carry out this Act for a fiscal year, not more than 5 percent may be made available for carrying out section 7. (c) Supplement, not supplant Funds made available under this Act shall be used to supplement, and not supplant, any other Federal, State, or local funds available for activities that encourage the people of the United States, especially children, youth, and families to be physically active outdoors.

Healthy Kids Outdoors Act of 2014

Fairman Significant Event Tracker (SET) Act of 2014 - Requires the Secretary of Defense (DOD) to establish a significant event tracker (SET) system to track and report individual exposures to traumatic events for members of the Armed Forces, including reserve components, to show evidence of possible trauma incurred during their service and to address mental health issues. Authorizes reportable events to be entered by: (1) unit commanders and subunit leaders when an event affects the entire unit or subunit, (2) a medical treatment facility when an event affects a member undergoing treatment for an injury sustained in connection with an event, and (3) military law enforcement when an event involves victimization or witnessing of a sexual assault. Defines "reportable event" to include: (1) kinetic combat patrol; (2) witnessed loss of life, dismemberment, or significant physical injury in a combat operation, expeditionary operation, or peacetime regular training; (3) traumatic brain injury; and (4) victimization or witnessing of a sexual assault. Requires a secure central tracking database to be established as the central repository for all reportable events. Requires a unit's commanding officer to review and determine the disposition of certain reportable events by assigning designations indicating whether an event is approved, contested, or denied. Requires all reportable events to be entered in the central database regardless of designation. Permits access to such database by: (1) medical treatment facilities consulting for diagnosis; and (2) military law enforcement and criminal investigative services for purposes of obtaining a limited summary (excluding specific information about events, evidence, or members' private personal information) to diagnose patterns and trends related to crimes committed inside their jurisdiction. Allows, with the member's consent, a member's complete SET record to be reviewed by the member's: (1) military and civilian legal representatives, unit commander, or military judge in military disciplinary or judicial proceedings; and (2) civilian legal representatives in non-military proceedings. Requires the official SET record of a member to be used by: (1) the Medical Evaluation Board or Physical Evaluation Board in the case of a member preparing for medical retirement due to injury or other conditions, (2) the medical officer of the member's parent unit in the case of a member preparing for a non-medical discharge or retirement, and (3) a benefits specialist in the case of a member initiating a Benefits Delivery at Discharge claim. Requires, upon a member's separation from service in the Armed Forces, that copies of the member's SET record be distributed to: (1) the separating member; (2) the separating member's service personnel file; (3) the Department of Veterans Affairs (VA); and (4) if specifically designated by the member, the veteran affairs agency of the veteran's state and any other veterans service organization. Directs unit commanders to notify the appropriate military criminal investigative service of any reportable event involving the victimization or witnessing of a sexual assault.

To establish an online significant event tracker (SET) system for tracking, reporting, and summarizing exposures of members of the Armed Forces, including members of the reserve components thereof, to traumatic events, and for other purposes. 1. Short title This Act may be cited as the Fairman Significant Event Tracker (SET) Act of 2014 2. Purpose The purpose of this Act is to implement a significant event tracker (SET) system to train and enable members of the Armed Forces, including members of the reserve components thereof, to track exposures to traumatic events and address mental health issues during and after service. 3. Definitions In this Act: (1) Unit commander defined The term unit commander (2) Reportable event The term reportable event (A) a kinetic combat patrol; (B) witnessed loss of life, dismemberment, or significant physical injury in a combat operation, expeditionary operation, or peacetime regular training; (C) an injury or exposure that may constitute a traumatic brain injury (TBI), including a concussive or mechanical event involving the head that occurs in a combat operation, expeditionary operation, or peacetime regular training; (D) victimization or witnessing of a sexual assault; and (E) any other event determined by the Secretary of Defense to be potentially traumatic to an affected individual. (3) Reserve component The term reserve component section 10101 4. Requirement to implement SET system Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement the significant event tracker system described under section 5 (in this Act referred to as the SET system 5. Significant event tracker (SET) system (a) Establishment The Secretary of Defense shall establish a SET system to track, report, and summarize individual exposures to traumatic events for the purpose of enabling former members of the Armed Forces, including members of the reserve components thereof, to show evidence of possible traumatic events incurred during their service. (b) Recording of events (1) Responsibility (A) Unit commanders A unit commander may enter reportable events that affect the entire unit and its members or delegate to a leader of a subunit of the unit commander's command the entry of reportable events affecting the subunit. (B) Individual reporting A unit commander may choose to delegate event reporting to the individual members of units who are employed as short-term, temporary (less than 30 days) detachments and individual augments which, by the nature of their mission, preclude the persistent inclusion in one common reviewing unit. The delegation may be until a predetermined date such as the end of a deployment or on a 30-day basis, as determined by the unit commander. (C) Medical treatment facility A medical treatment facility may directly enter a reportable event affecting a member of the Armed Forces undergoing treatment at such facility for an injury sustained in connection with the event. (D) Military law enforcement Military law enforcement may directly enter a reportable event involving victimization or witnessing of a sexual assault. (E) Reporting of outside incidents The Secretary of Defense shall issue guidance regarding the entry of reportable events involving members of the Armed Forces that occur while in duty status outside of military installations and are initially reported to local non-military law enforcement or non-military medical treatment facilities. (2) Included information Each entry for a reportable event shall include the following information: (A) Name, date, location, and unit. (B) Duty status. (C) Type of event. (D) Whether a physical injury was sustained as a result, and if so, the extent of such injury. (E) Other information as required by the Secretary of Defense. (c) Verification of events (1) Events reported by individuals (A) In general A reportable event entered by an individual member under subsection (b)(1)(B) shall be reviewed by the unit commander for purposes of verifying, contesting, or denying the event. (B) Verification tools In reviewing reportable events under subparagraph (A), the unit commander shall use all available verification tools, including Department of Defense reports, unit logs, reports from creditable witnesses such as patrol leaders, and any other evidence deemed appropriate by the unit commander. (C) Guidance The Secretary of Defense shall issue guidance designed to ensure that entries submitted to a unit commander for review are handled accurately and in a timely fashion while recognizing the challenges posed by operational tempo and competing time demands. (2) Events reported by the unit commanders or delegates Reportable events entered by a unit commander or delegate under subsection (b)(1)(A), other than reportable events involving victimization or witnessing of a sexual assault, shall be submitted directly to the respective unit’s commanding officer for review under subsection (d). Reportable events involving victimization or witnessing of a sexual assault shall be submitted directly to the secure central tracking database under subsection (e). (3) Events reported by medical treatment facilities Reportable events entered by medical treatment facilities under subsection (b)(1)(C) shall be submitted directly to the secure central tracking database under subsection (e). (4) Events reported by military law enforcement Reportable events entered by military law enforcement under subsection (b)(1)(D) shall be submitted directly to the secure central tracking database under subsection (e). (d) Command review (1) Authority and responsibility The commanding officer shall have responsibility for reviewing and determining the disposition of a reportable event involving the member submitted pursuant to paragraph (1) or (2) of subsection (c), other than a reportable event involving victimization or witnessing of a sexual assault, and submitting the event and such determination to the secure central tracking database under subsection (e). (2) Disposition The commanding officer shall, in accordance with guidance issued by the Secretary of Defense, assign to each such reportable event one of the following designations: (A) Approved, in the case of clear documentation and verification of the facts and the individual’s exposure. (B) Approved/Contested, in the case of clear documentation and verification of the occurrence of the event, but where the commanding officer has reasonable doubt for approval of the reportable event. (C) Denied/Contested, in the case of questionable documentation or verification, but where the commanding officer has reasonable doubt for denial of the reportable event. (D) Denied, in the case of no clear evidence of the facts or the member's exposure. (3) Non-removal of designation Each reportable entry reviewed under this subsection shall be entered into the secure central tracking database and may not be removed or deleted, regardless of designation. (e) Secure central tracking database (1) Storage of information (A) In general All reportable events shall be submitted to a secure central tracking database, either indirectly pursuant to subsection (d), or directly pursuant to paragraph (3) or (4) of subsection (c) or, in the case of a reportable event involving victimization or witnessing of a sexual assault, paragraph (2) of subsection (c). The database shall serve as the central repository for all reportable events relating to a member of the Armed Forces, including for purposes of preparing the member's official SET record upon separation from service. (B) Treatment of information (i) Classified and sensitive operations The secure central tracking database shall include measures to ensure that information related to classified and sensitive operations is coded so as to document the event without violating operational security concerns. (ii) Sexual assault cases The secure central tracking database shall include measures to ensure that information related to sexual assault cases in the secure central tracking database is coded in order to protect privacy and to correctly reflect the status, and protect the integrity, of ongoing investigations. (iii) Confidentiality of individual records An individual member’s complete SET record and individual entries may not be reviewed by the member's unit commander or the chain of command, and may not be used by anyone for the purpose of evaluating promotion, reenlistment, or assignment issues. (C) Use by medical treatment facilities Medical treatment facilities shall be provided access to the secure central tracking database for purposes of entering reportable events under subsection (b)(1)(C) and consulting for diagnoses. (D) Use by military law enforcement and criminal investigative services Military law enforcement and criminal investigative services shall be provided general access to the secure central tracking database for purposes of entering reportable events under section (b)(1)(D) and to a limited summary for purposes of diagnosing patterns and trends related to crimes committed inside their jurisdiction. The summary shall not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (E) Access to individual records for purposes of military and non-military disciplinary and judicial proceedings An individual member’s complete SET record and individual entries may, with the explicit consent of the member, be reviewed, evaluated, and shared with— (i) in the case of a military disciplinary or judicial hearing or proceeding, the member’s military and civilian legal representative or representatives, unit commander, or military judge for the purpose of addressing concerns related to such hearing or proceeding; and (ii) in the case of a non-military disciplinary or judicial hearing or proceeding, the member’s civilian legal representative or representatives for the purpose of addressing concerns related to such hearing or proceeding. (F) Unit commander review (i) In general Except as provided in clause (ii), unit commanders may only view individual pending entries that have been submitted to them for review and designation, and may not view previous entries that have already been reviewed and designated. (ii) Administrative access Unit commanders may only access entries that have already been reviewed, designated, and entered into the secure central data base by that individual commander in order to correct roster entries for subunits, provide additional post-incident documentation, or take such other administrative actions as may be determined appropriate by the Secretary of Defense. In no instance may such access permit the removal of any entry, regardless of designation. (G) Statistical analysis and evaluation of unit commanders (i) Information sharing The Secretary of Defense shall issue guidance governing the sharing of SET entry statistics among unit commands and other Department of Defense individuals, offices, activities, and agencies for purposes of analyzing the number and types of entries generated over time. Information so shared may not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (ii) Evaluation on unit commanders Unit commanders may not be evaluated by their superiors for the number and types of entries generated by their command, but may be evaluated by their superior officer in the chain of command for the speed and accuracy of their entries, and the review of their entries. (H) Additional limitations on access No non-Department of Defense agencies, organizations, or individuals, such as veterans’ service organizations, local law enforcement, judicial courts, or civilian medical treatment facilities, shall be granted access to the secure central tracking database. Department of Defense medical officers may only review an individual member’s entire SET record for the medical purposes set forth in subsection (e)(2)(A) and such other purposes as may be determined appropriate by the Secretary of Defense. (2) Distribution and control (A) Pre-discharge (i) Medical retirements In the case of a member of the Armed Services preparing for medical retirement due to injury or other conditions, the official SET record shall be provided to and used by the Medical Evaluation Board or Physical Evaluation Board. (ii) Non-medical discharges and retirements In the case of a member of the Armed Services preparing for a non-medical discharge or retirement, the official SET record shall be reviewed by the medical officer of the member’s parent unit and serve as the basis for any follow-on actions as determined by the medical officer. (iii) Benefits Delivery at Discharge Claims In the case of a member of the Armed Services initiating a Benefits Delivery at Discharge (BDD) claim, the BDD Specialist shall be provided with the official SET record in order to file a fully developed claim for the member. (B) Upon discharge Upon a member's separation from service in the Armed Forces, including a member of a reserve component thereof, copies of the member's official SET record, including a compilation of all reported events and a summary prepared by an authorizing agent with cleared access to the secure central tracking database, shall be distributed in accordance with the procedures of the military service in which the individual served, including copies to the following recipients: (i) The separating member. (ii) The separating member's Service Personnel File. (iii) The Department of Veterans Affairs, and if specifically designated by the member, the veteran affairs agency of the State that is the separating member's relevant home of record or intended new residence and such other veterans service organization as may be designated by the member. (f) Sexual assault provisions (1) Reporting to military criminal investigative units A unit commander shall notify the appropriate military criminal investigative service of any reportable event involving the victimization or witnessing of a sexual assault that is either entered or verified by the unit commander or a delegate under subsection (b)(1)(A) or (c)(1), respectively, but shall not provide the reportable event entry to the military criminal investigative service without the consent of the victim or witness reporting such event. (2) Treatment of false statements and reports The Secretary of Defense shall prescribe regulations regarding the disposition of reportable events based upon deliberately filed false statements or reports related to victimization or witnessing of a sexual assault. The regulations shall provide that an appropriate authority designated by the Secretary of Defense shall amend the relevant official SET record of the member filing the false statement or report to reflect the falseness of such statement or report. 6. Authorization of appropriations There are authorized to be appropriated out of funds available to the Department of Defense such sums as may be necessary for fiscal year 2015 and fiscal years thereafter to carry out activities under this Act. 7. Rule of construction Nothing in this Act shall be construed as limiting the ability of current and former members of the Armed Forces to provide documentation other than the SET record, including handwritten statements, for purposes of appealing, documenting, or presenting evidence related to post traumatic stress disorder or traumatic brain injury claims.

Fairman Significant Event Tracker (SET) Act of 2014

Requires the Director of the Office of Management and Budget (OMB) to consider Brunswick County, North Carolina, to be part of the metropolitan statistical area that contains Wilmington, North Carolina. Terminates this Act on January 1, 2021.

To require the Director of the Office of Management and Budget to consider Brunswick County, North Carolina to be part of the same metropolitan statistical area as Wilmington, North Carolina. 1. Brunswick County (a) In general Notwithstanding any other provision of law, for the purpose of the delineation of metropolitan statistical areas, the Director of the Office of Management and Budget shall consider Brunswick County, North Carolina to be part of the same metropolitan statistical area that contains Wilmington, North Carolina. (b) Sunset Subsection (a) shall cease to be effective on January 1, 2021.

A bill to require the Director of the Office of Management and Budget to consider Brunswick County, North Carolina to be part of the same metropolitan statistical area as Wilmington, North Carolina.

Orphan Earmarks Act - Rescinds all unobligated amounts of funds earmarked for the Department of Transportation (DOT) if more than 90% of the dollar amount of that earmark remains available for obligation at the end of the 9th fiscal year after it was first made available. Authorizes the Secretary of Transportation (DOT) to delay any such rescission for one year if an additional obligation of the earmark is likely to occur during the 10th fiscal year after it was first made available. Requires each agency head to identify and report every project that is an earmark with an unobligated balance at the end of a fiscal year to the Director of the Office of Management and Budget (OMB), who shall report a listing and accounting for such earmarks to Congress and to the public via the OMB website.

To rescind unused earmarks provided for the Department of Transportation, and for other purposes. 1. Short title This Act may be cited as the Orphan Earmarks Act 2. Unused earmarks (a) Definitions In this section— (1) the term agency Executive agency section 105 (2) the term earmark (A) a congressionally directed spending item, as defined in rule XLIV of the Standing Rules of the Senate; and (B) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives; and (3) the term unused DOT earmark (b) Rescission of unused DOT earmarks (1) In general Except as provided in paragraph (2), effective on October 1 of the 10th fiscal year after funds under an unused DOT earmark are made available, all unobligated amounts made available under the unused DOT earmark are rescinded. (2) Exception The Secretary of Transportation may delay the rescission of amounts made available under an unused DOT earmark for 1 year if the Secretary determines that an additional obligation of the earmark is likely to occur during the 10th fiscal year after funds under the unused DOT earmark are made available. (c) Agency-Wide identification and report (1) Agency identification Each agency shall identify and submit to the Director of the Office of Management and Budget an annual report regarding every project of the agency for which— (A) amounts are made available under an earmark; and (B) as of the end of a fiscal year, unobligated balances remain available. (2) Annual report The Director of the Office of Management and Budget shall submit to Congress and publically post on the website of the Office of Management and Budget an annual report that includes— (A) a listing and accounting for earmarks for which unobligated balances remain available, summarized by agency, which shall include, for each earmark— (i) the amount of funds made available under the original earmark; (ii) the amount of the unobligated balances that remain available; (iii) the fiscal year through which the funds are made available, if applicable; and (iv) recommendations and justifications for whether the earmark should be rescinded or retained in the next fiscal year; (B) the number of rescissions resulting from this section and the annual savings resulting from this section for the previous fiscal year; and (C) a listing and accounting for earmarks provided for the Department of Transportation scheduled to be rescinded under subsection (b) at the end of the fiscal year during which the report is submitted.

Orphan Earmarks Act

Accurate Budgeting Act - Amends the Congressional Budget Act of 1974 to require the Joint Committee on Taxation to prepare for each major revenue bill or resolution, reported by specified congressional tax committees or considered on the floor of either chamber, as a supplement to Congressional Budget Office (CBO) cost estimates, a macroeconomic impact analysis of the budgetary effects of the legislation for: (1) the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared, and (2) each of the next three 10-fiscal year periods.Defines "major revenue bill or resolution" as a bill, resolution, or conference report for which either: the sum of the positive changes in revenues resulting from such measure (not including the impact of any timing shifts for the due date for estimated corporate income tax payments) for any fiscal year in the period for which a CBO cost estimate is prepared, or the absolute value of the sum of the negative changes in revenues resulting from such measure, is greater than 0.25% of the current projected U.S. gross domestic product (GDP) for that fiscal year.

To amend the Congressional Budget Act of 1974 to provide for macroeconomic analysis of the impact of major revenue legislation. 1. Short title This Act may be cited as the Accurate Budgeting Act 2. Macroeconomic impact analyses for major revenue legislation (a) In general Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 407. Macroeconomic impact analysis of major revenue legislation (a) Joint Committee on Taxation The Joint Committee on Taxation shall, to the extent practicable, prepare for each major revenue bill or resolution which is— (1) reported by the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate; or (2) considered on the floor of the House of Representatives or the Senate, as a supplement to estimates prepared under section 402, a macroeconomic impact analysis of the budgetary effects of such bill or resolution for the 10 fiscal-year period beginning with the first fiscal year for which an estimate was prepared under section 402 and each of the next three 10 fiscal-year periods. To the extent practicable, the Joint Committee on Taxation’s macroeconomic impact analysis shall be included in full as part of the Congressional Budget Office report accompanying such bill or resolution under section 402. If a macroeconomic impact analysis is not included as part of the Congressional Budget Office report relating to a major revenue bill or resolution, the Chairman of the Committee reporting the bill or resolution shall cause the analysis to be entered into the Congressional Record of the Senate and House of Representatives. (b) Definitions As used in this section: (1) Macroeconomic impact analysis The term macroeconomic impact analysis (A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from the revenue provisions in the proposal to which section 201(f) applies; (B) an estimate of revenue feedback expected to result from those revenue provisions; and (C) a statement identifying the critical assumptions and the source of data underlying that estimate, to the extent necessary to make the models comprehensible to academic and public policy analysts. (2) Major revenue bill or resolution The term major revenue bill or resolution (A) either— (i) the sum of the positive changes in revenues resulting from such measure (not including the impact of any timing shifts for the due date for estimated corporate income tax payments) for any fiscal year in the period for which an estimate is prepared under section 402; or (ii) the absolute value of the sum of the negative changes in revenues resulting from such measure (not including the impact of any timing shifts for the due date for estimated corporate income tax payments) for any fiscal year for which such an estimate is prepared, is greater than (B) 0.25 percent of the current projected gross domestic product of the United States (as determined by the Bureau of Economic Analysis of the Department of Commerce) for such fiscal year. (3) Revenue feedback The term revenue feedback . (b) Conforming amendment The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 406 the following new item: Sec. 407. Macroeconomic impact analysis of major revenue legislation. .

Accurate Budgeting Act

Federal Cybersecurity Workforce Assessment Act - Requires the head of each federal agency to identify cybersecurity workforce positions within the agency, determine the primary Cybersecurity Work Category and Specialty Area (CWCSA) of such positions, and assign the corresponding Data Element Code. Directs each agency head to establish procedures to: (1) identify open positions that include cybersecurity functions, and (2) assign the appropriate employment code to each such position and to each agency employee who carries out cybersecurity functions. Directs each agency head, beginning not later than one year after such employment codes are assigned and annually through 2021, to submit a report to the Director of the Office of Personnel Management (OPM) that identifies the CWCSAs of critical need in the agency's cybersecurity workforce and substantiates the critical need designations. Requires the Director to: (1) provide agencies with timely guidance for identifying CWCSAs of critical need, including current categories and areas with acute skill shortages and with emerging skill shortages; and (2) identify Specialty Areas of critical need for the cybersecurity workforce across all federal agencies. Directs the Comptroller General (GAO) to analyze, monitor, and report on this Act's implementation.

To provide additional oversight and guidance to the Department of Homeland Security. 1. Short title This Act may be cited as the Federal Cybersecurity Workforce Assessment Act 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Homeland Security of the House of Representatives (C) the Committee on House Administration of the House of Representatives (2) Cybersecurity work category; data element code; specialty area The terms Cybersecurity Work Category Data Element Code Specialty Area (3) Director The term Director (4) Secretary The term Secretary 3. National Cybersecurity Workforce Measurement Initiative (a) In general The head of each Federal agency shall— (1) identify all cybersecurity workforce positions within the agency; (2) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (3) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management’s Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education’s National Cybersecurity Workforce Framework report, in accordance with subsection (b). (b) Employment codes (1) Procedures Not later than 90 days after the date of the enactment of this Act, the head of each Federal agency shall establish procedures— (A) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (B) to assign the appropriate employment code to each such position, using agreed standards and definitions. (2) Code assignments Not later than 9 months after the date of the enactment of this Act, the head of each Federal agency shall assign the appropriate employment code to— (A) each employee within the agency who carries out cybersecurity functions; and (B) each open position within the agency that has been identified as having cybersecurity functions. (c) Progress report Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this section to the appropriate congressional committees. 4. Identification of Cybersecurity Work Category and Specialty Areas of critical need (a) In general Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to section 3(b)(2), and annually through 2021, the head of each Federal agency, in consultation with the Director and the Secretary, shall— (1) identify Cybersecurity Work Categories and Specialty Areas of critical need in the agency’s cybersecurity workforce; and (2) submit a report to the Director that— (A) describes the Cybersecurity Work Categories and Specialty Areas identified under paragraph (1); and (B) substantiates the critical need designations. (b) Guidance The Director shall provide Federal agencies with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including— (1) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (2) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (c) Cybersecurity critical needs report Not later than 18 months after the date of the enactment of this Act, the Director, in consultation with the Secretary, shall— (1) identify Specialty Areas of critical need for cybersecurity workforce across all Federal agencies; and (2) submit a progress report on the implementation of this section to the appropriate congressional committees. 5. Government Accountability Office status reports The Comptroller General of the United States shall— (1) analyze and monitor the implementation of sections 3 and 4; and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.

Federal Cybersecurity Workforce Assessment Act

Authorizes appropriations to the Centers for Disease Control and Prevention (CDC) for each of FY2015-FY2020 to conduct or support research on firearms safety or gun violence prevention under the Public Health Service Act.

To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. 1. Funding for research by CDC on firearms safety or gun violence prevention There is authorized to be appropriated to the Centers for Disease Control and Prevention $10,000,000 for each of fiscal years 2015 through 2020 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act ( 42 U.S.C. 201 et seq.

A bill to authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention.

Creating Higher Education Affordability Necessary to Compete Economically Act or the Middle Class CHANCE Act - Amends the Higher Education Act of 1965 to increase the maximum Federal Pell Grant for award year 2014-2015 and adjust it each subsequent award year to account for changes in the Consumer Price Index. Directs the Secretary of Education to award an additional Pell Grant to an eligible student who: (1) has received a Pell Grant for an award year, and (2) is enrolled in a program of study for one or more additional payment periods during the same award year that are not otherwise covered by the Pell Grant. Limits the total amount of the Pell Grants awarded to such student for the award year to 150% of the maximum Pell Grant for such award year. Raises, from 12 semesters to 15 semesters, the period during which a student may receive Federal Pell Grants.

To improve college affordability. 1. Short title This Act may be cited as the Creating Higher Education Affordability Necessary to Compete Economically Act Middle Class CHANCE Act 2. Increase in the maximum amount of a Federal Pell Grant Section 401(b)(7)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(C) (ii) Award year 2014–2015 For award year 2014–2015, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be increased to $4,040. (iii) Subsequent award years For award year 2015-2016 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to— (I) the amount determined under this subparagraph for the preceding award year; increased by (II) a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and (III) rounded to the nearest $5. . 3. Year-Round Federal Pell Grant students (a) In general Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b) (8) Year-Round Federal Pell Grant students (A) In General Notwithstanding any other provision of this subsection, the Secretary shall award, to an eligible student who meets the requirements in subparagraph (B) who has received a Federal Pell Grant for an award year and is enrolled in a program of study for 1 or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant, an additional Federal Pell Grant for the additional payment periods. (B) Eligibility In order to be eligible to receive the additional Federal Pell Grant for an award year that is described in subparagraph (A), a student shall, in addition to meeting all eligibility requirements for the receipt of a Federal Pell Grant— (i) be enrolled full-time in an institution of higher education; and (ii) have successfully completed at least a full-time course load (as determined by the institution) prior to receiving an additional Federal Pell Grant award as described in subparagraph (A). (C) Amounts In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year shall not exceed an amount equal to 150 percent of the total maximum Federal Pell Grant for such award year calculated in accordance with paragraph (7)(C)(iv)(II). (D) Inclusion in duration limit Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5). (9) Crossover period In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned. . (b) Effective date The amendment made by subsection (a) shall take effect on July 1, 2014. 4. Pell Grant Duration Limit Section 401(c)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(c)(5) 12 semesters 15 semesters

Middle Class CHANCE Act

Colorado News, Emergency, Weather, and Sports Act of 2014 - Amends the Communications Act of 1934 and federal copyright law to allow cable operators or satellite carriers to offer certain Colorado-based television broadcast stations to eligible Colorado counties located in a New Mexico-based designated market area if the counties meet specified criteria according to U.S. television household estimates by Nielsen Media Research.

To amend the Communications Act of 1934 to facilitate paid television service in certain counties, and for other purposes. 1. Short title This Act may be cited as the Colorado News, Emergency, Weather, and Sports Act of 2014 2. Facilitating delivery of relevant television programming to unserved consumers (a) In general Section 341(a) of the Communications Act of 1934 ( 47 U.S.C. 341(a) (1) in paragraph (1)(A), by striking in the county on January 1, 2004; or (i) on January 1, 2004, in the case of a county described in paragraph (3)(A); or (ii) on January 1, 2014, in the case of a county described in paragraph (3)(B); or ; and (2) in paragraph (3)— (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and adjusting the margins accordingly; (B) in the matter preceding clause (i), as redesignated, by striking means any 1 of 4 counties that— (A) any 1 of 4 counties that— ; and (C) by striking the period at the end and inserting the following: “; or (B) any 1 of 2 counties that— (i) are all in a single State; (ii) on January 1, 2014, were each in designated market areas in which the majority of counties were located in another State; and (iii) as a group had a combined total of 27,540 television households according to the U.S. Television Household Estimates by Nielsen Media Research for 2013–2014. . (b) Conforming amendment Section 122(a)(4)(C) (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (2) in the matter preceding clause (I), as redesignated, by striking In the case of (i) that State in which are located 4 counties that— ; (3) in subclause (II), as redesignated, by adding or (4) by inserting after subclause (II), as redesignated, the following: (ii) that State in which are located 2 counties that— (I) on January 1, 2014, were in local markets principally comprised of counties in another State, and (II) had a combined total of 27,540 television households, according to the U.S. Television Household Estimates by Nielsen Media Research for 2013–2014, ; and (5) by inserting before the period at the end the following: , in the case of the State described in clause (i), or on January 1, 2014, in the case of the State described in clause (ii)

Colorado News, Emergency, Weather, and Sports Act of 2014

Designates buildings occupied by the Department of Transportation (DOT) located at 1200 New Jersey Avenue, Southeast, and 1201 4th Street, Southeast, in the District of Columbia as the James L. Oberstar United States Department of Transportation Building Complex for the period the buildings are occupied by the DOT.

To designate the buildings occupied by the Department of Transportation located at 1200 New Jersey Avenue, Southeast, and 1201 4th Street, Southeast, in the District of Columbia as the James L. Oberstar United States Department of Transportation Building Complex 1. Designation The buildings occupied by the Department of Transportation located at 1200 New Jersey Avenue, Southeast, and 1201 4th Street, Southeast, in the District of Columbia shall be known and designated as the James L. Oberstar United States Department of Transportation Building Complex 2. References With respect to the period in which the buildings referred to in section 1 are occupied by the Department of Transportation, any reference in a law, map, regulation, document, record, or other paper of the United States to those buildings shall be deemed to be a reference to the James L. Oberstar United States Department of Transportation Building Complex

A bill to designate the buildings occupied by the Department of Transportation located at 1200 New Jersey Avenue, Southeast, and 1201 4th Street, Southeast, in the District of Columbia as the "James L. Oberstar United States Department of Transportation Building Complex".

Don't Tax Our Fallen Public Safety Heroes Act - Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, federal public safety officer death benefits or amounts paid under a state program to surviving dependents of a public safety officer who died as the direct and proximate result of a personal injury sustained in the line of duty. Makes this Act applicable to amounts received after December 31, 2011.

To amend the Internal Revenue Code of 1986 to exclude certain compensation received by public safety officers and their dependents from gross income. 1. Short title This Act may be cited as the Don’t Tax Our Fallen Public Safety Heroes Act 2. Exclusion of certain compensation received by public safety officers and their dependents (a) In general Subsection (a) of section 104 and ; and (6) amounts received pursuant to— (A) section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796 (B) a program established under the laws of any State which provides monetary compensation for surviving dependents of a public safety officer who has died as the direct and proximate result of a personal injury sustained in the line of duty. . (b) Effective date The amendments made by this section shall apply to amounts received after December 31, 2011.

Don't Tax Our Fallen Public Safety Heroes Act

Title I: Commercial Privacy - Commercial Privacy Bill of Rights Act of 2014 - Directs the Federal Trade Commission (FTC) to initiate a rulemaking to require covered entities to carry out security measures to protect personally identifiable information, unique identifier information, and other information that may be used to identify a specific individual. Defines "covered entity" as a person (a person, partnership, or corporation over which the FTC has authority under the Federal Trade Commission Act, a common carrier subject to the Communications Act of 1934, or a nonprofit organization) who collects, uses, transfers, or stores such information concerning more than 5,000 individuals during any consecutive 12-month period. Directs the FTC to require covered entities to: (1) notify individuals of their practices regarding the collection, use, transfer, and storage of such information; (2) provide timely notice before implementing a material change in such practices; (3) offer individuals a mechanism to provide opt-in consent for any unauthorized use of such information or a third party's use for behavioral advertising or marketing; and (4) provide access to, and methods to correct, stored information. Permits covered entities to execute contracts with service providers to collect, use, and store information on behalf of the covered entity. Restricts covered entities to the collection of only as much information relating to an individual as reasonably necessary to: (1) process or enforce a transaction or deliver a requested service, including inventory management, financial reporting and accounting, planning, product or service improvement, forecasting, and customer support; (2) prevent or detect fraud or provide for a secure environment; (3) investigate a possible crime or comply with a law; (4) market or advertise to such individual if the information used for such marketing or advertising was collected directly by the covered entity; and (5) conduct internal operations and customer research, including the collection of information about Internet website visits and click-through rates to improve website navigation and the customer's experience. Limits the duration of time that a covered entity is authorized to retain such information to only the period necessary to provide the transaction, deliver the service, or comply with a law. Restricts the use of retained information to the purpose for which it was collected or a reasonably related purpose. Directs covered entities that contract to transfer information to third parties to prohibit such third parties from combining transferred information that is not personally identifiable with other information in order to identify the individual without the individual's opt-in consent. Requires covered entities to attempt to establish procedures to ensure the accuracy of personally identifiable information that could be used to deny consumers benefits or cause significant harm. Sets forth the circumstances under which a covered entity may be required to provide notice of a breach of security to: (1) U.S. citizens or residents whose personally identifiable information is reasonably believed to have been acquired or accessed, (2) the FTC, (3) third parties, (4) service providers, and (5) credit reporting agencies. Exempts a covered entity from certain notice requirements if: the covered entity, following a breach of security, concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct; or the covered entity participates in a security program that blocks the use of the personally identifiable information to initiate an unauthorized financial transaction before it is charged to the account of the individual and that notifies affected individuals after a security breach that resulted in attempted fraud or an attempted unauthorized transaction. Requires a covered entity to notify a federal government entity designated by the Secretary of Homeland Security (DHS) if a breach of security involves: (1) the personally identifiable information of more than 10,000 individuals, (2) a database containing the personally identifiable information of more than 1 million individuals, (3) federal government databases, or (4) the personally identifiable information of federal employees or contractors involved in national security or law enforcement. Directs 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, the Attorney General (DOJ), and states. Establishes civil penalties for state actions against covered entities that recklessly or repeatedly violate specified requirements. Prohibits this title from being construed to provide a private right of action. Directs the FTC to initiate a rulemaking to establish requirements for a nongovernmental organization to administer safe harbor programs under which participants are exempted from certain requirements of this title if they implement particular mechanisms that protect against unauthorized information uses and provide consumers a means of opting out of the transfer of specified information to third parties. Title II: Online Privacy of Children - Do Not Track Kids Act of 2014 - Amends the Children's Online Privacy Protection Act of 1998 to apply the prohibitions against collecting personal information from children to online applications and mobile applications directed to children. Establishes additional privacy protections against the collection of personal or geolocation information from children and minors. Revises the definition of: "operator" to include online and mobile applications (currently, only Internet websites and online services) and to make such definition apply specifically to operators and providers of such websites, services, or applications who, for commercial purposes, in interstate or foreign commerce, collect or maintain personal information from or about their users, allow another person to collect such personal information, or allow users of such websites, services, or applications to publicly disclose personal information; and "disclosure" to mean the release of personal information (currently, the release of personal information collected from a child in identifiable form). Requires verifiable parental consent, under specified circumstances, for the collection, use, or disclosure of personal information of a child, including certain online contact information collected in response to a specific request from a child when such information is used to contact a different child. Prohibits, without verifiable parental consent in the case of a child or without consent of the minor in the case of a minor, an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that personal information being collected is from children or minors, from: (1) using, disclosing to third parties, or compiling personal information collected from children or minors for targeted marketing purposes; and (2) collecting geolocation information in a manner that violates the regulations prescribed under this title. Defines a "minor" as an individual over the age of 12 and under the age of 16. Prohibits an operator from discontinuing service provided to a child or minor on the basis of a refusal, by the child's parent or the minor, to permit the further use or maintenance in retrievable form, or future collection, of certain personal or geolocation information from such individuals, to the extent that the operator is capable of providing such service without such information. Requires an operator of a website, online service, online application, or mobile application directed to children or minors to treat all users as children or minors for purposes of this title, except as permitted by regulation. Prohibits an operator of a website, online service, or such applications directed to minors from collecting personal information from minors unless such operator has adopted, and complies with, a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles established by this title. Requires the FTC to promulgate regulations that require operators to implement mechanisms that permit a user to erase content submitted by such user that is publicly available through such websites, services, or applications and that contains or displays personal information of children or minors. Sets forth enforcement provisions for the FTC, other federal agencies, and states.

To establish a regulatory framework for the comprehensive protection of personal data for individuals under the aegis of the Federal Trade Commission, to amend the Children's Online Privacy Protection Act of 1998 to improve provisions relating to collection, use, and disclosure of personal information of children, 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—Commercial privacy Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Definitions. Subtitle A—Right to security and accountability Sec. 111. Security. Sec. 112. Accountability. Sec. 113. Privacy by design. Subtitle B—Right to notice and individual participation Sec. 121. Transparent notice of practices and purposes. Sec. 122. Individual participation. Subtitle C—Rights relating to data minimization, constraints on distribution, and data integrity Sec. 131. Data minimization. Sec. 132. Constraints on distribution of information. Sec. 133. Data integrity. Subtitle D—Right to notice of breaches of security Sec. 141. Definitions. Sec. 142. Notice to individuals. Sec. 143. Notice to law enforcement. Subtitle E—Enforcement Sec. 151. General application. Sec. 152. Enforcement by the Federal Trade Commission. Sec. 153. Enforcement by Attorney General. Sec. 154. Enforcement by States. Sec. 155. Civil penalties. Sec. 156. Effect on other laws. Sec. 157. No private right of action. Subtitle F—Co-Regulatory safe harbor programs Sec. 161. Establishment of safe harbor programs. Sec. 162. Participation in safe harbor program. Subtitle G—Application with other Federal laws Sec. 171. Application with other Federal laws. Subtitle H—Development of commercial data privacy policy in the Department of Commerce Sec. 181. Direction to develop commercial data privacy policy. TITLE II—Online privacy of children Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Definitions. Sec. 204. Online collection, use, and disclosure of personal information of children. Sec. 205. Targeted marketing to children or minors. Sec. 206. Digital Marketing Bill of Rights for Teens and Fair Information Practices Principles. Sec. 207. Online collection of geolocation information of children and minors. Sec. 208. Removal of content. Sec. 209. Enforcement and applicability. Sec. 210. Rule for treatment of users of websites, services, and applications directed to children or minors. Sec. 211. Effective dates. I Commercial privacy 101. Short title This title may be cited as the Commercial Privacy Bill of Rights Act of 2014 102. Findings The Congress finds the following: (1) Personal privacy is worthy of protection through appropriate legislation. (2) Trust in the treatment of personally identifiable information collected on and off the Internet is essential for businesses to succeed. (3) Persons interacting with others engaged in interstate commerce have a significant interest in their personal information, as well as a right to control how that information is collected, used, stored, or transferred. (4) Persons engaged in interstate commerce and collecting personally identifiable information on individuals have a responsibility to treat that information with respect and in accordance with common standards. (5) On the day before the date of the enactment of this Act, the laws of the Federal Government and State and local governments provided inadequate privacy protection for individuals engaging in and interacting with persons engaged in interstate commerce. (6) As of the day before the date of the enactment of this Act, with the exception of Federal Trade Commission enforcement of laws against unfair and deceptive practices, the Federal Government has eschewed general commercial privacy laws in favor of industry self-regulation, which has led to several self-policing schemes, some of which are enforceable, and some of which provide insufficient privacy protection to individuals. (7) As of the day before the date of the enactment of this Act, many collectors of personally identifiable information have yet to provide baseline fair information practice protections for individuals. (8) The ease of gathering and compiling personal information on the Internet and off, both overtly and surreptitiously, is becoming increasingly efficient and effortless due to advances in technology which have provided information gatherers the ability to compile seamlessly highly detailed personal histories of individuals. (9) Personal information requires greater privacy protection than is available on the day before the date of the enactment of this Act. Vast amounts of personal information, including sensitive information, about individuals are collected on and off the Internet, often combined and sold or otherwise transferred to third parties, for purposes unknown to an individual to whom the personally identifiable information pertains. (10) Toward the close of the 20th century, as individuals' personal information was increasingly collected, profiled, and shared for commercial purposes, and as technology advanced to facilitate these practices, Congress enacted numerous statutes to protect privacy. (11) Those statutes apply to the government, telephones, cable television, e-mail, video tape rentals, and the Internet (but only with respect to children and law enforcement requests). (12) As in those instances, the Federal Government has a substantial interest in creating a level playing field of protection across all collectors of personally identifiable information, both in the United States and abroad. (13) Enhancing individual privacy protection in a balanced way that establishes clear, consistent rules, both domestically and internationally, will stimulate commerce by instilling greater consumer confidence at home and greater confidence abroad as more and more entities digitize personally identifiable information, whether collected, stored, or used online or offline. 103. Definitions (a) In general Subject to subsection (b), in this title: (1) Commission The term Commission (2) Covered entity The term covered entity (3) Covered information (A) In general Except as provided in subparagraph (B), the term covered information (i) Personally identifiable information. (ii) Unique identifier information. (iii) Any information that is collected, used, or stored in connection with personally identifiable information or unique identifier information in a manner that may reasonably be used by the party collecting the information to identify a specific individual. (B) Exception The term covered information (i) Personally identifiable information obtained from public records that is not merged with covered information gathered elsewhere. (ii) Personally identifiable information that is obtained from a forum— (I) where the individual voluntarily shared the information or authorized the information to be shared; and (II) that— (aa) is widely and publicly available and was not made publicly available in bad faith; and (bb) contains no restrictions on who can access and view such information. (iii) Personally identifiable information reported in public media. (iv) Personally identifiable information dedicated to contacting an individual at the individual's place of work. (4) Established business relationship The term established business relationship (5) Personally identifiable information The term personally identifiable information (A) Any of the following information about an individual: (i) The first name (or initial) and last name of an individual, whether given at birth or time of adoption, or resulting from a lawful change of name. (ii) The postal address of a physical place of residence of such individual. (iii) An e-mail address. (iv) A telephone number or mobile device number. (v) A social security number or other government issued identification number issued to such individual. (vi) The account number of a credit card issued to such individual. (vii) Unique identifier information that alone can be used to identify a specific individual. (viii) Biometric data about such individual, including fingerprints and retina scans. (B) If used, transferred, or stored in connection with 1 or more of the items of information described in subparagraph (A), any of the following: (i) A date of birth. (ii) The number of a certificate of birth or adoption. (iii) A place of birth. (iv) Unique identifier information that alone cannot be used to identify a specific individual. (v) Precise geographic location, at the same degree of specificity as a global positioning system or equivalent system, and not including any general geographic information that may be derived from an Internet Protocol address. (vi) Information about an individual's quantity, technical configuration, type, destination, location, and amount of uses of voice services, regardless of technology used. (vii) Any other information concerning an individual that may reasonably be used by the party using, collecting, or storing that information to identify that individual. (6) Sensitive personally identifiable information The term sensitive personally identifiable information (A) personally identifiable information which, if lost, compromised, or disclosed without authorization either alone or with other information, carries a significant risk of economic or physical harm; or (B) information related to— (i) a particular medical condition or a health record; or (ii) the religious affiliation of an individual. (7) Third party (A) In general The term third party (i) is— (I) not related to the covered entity by common ownership or corporate control; or (II) related to the covered entity by common ownership or corporate control and an ordinary consumer would not understand that the covered entity and the person were related by common ownership or corporate control; (ii) is not a service provider used by the covered entity to receive personally identifiable information or sensitive personally identifiable information in performing services or functions on behalf of and under the instruction of the covered entity; and (iii) with respect to the collection of covered information of an individual, does not have an established business relationship with the individual and does not identify itself to the individual at the time of such collection in a clear and conspicuous manner that is visible to the individual. (B) Common brands The term third party (8) Unauthorized use (A) In general The term unauthorized use (B) Exceptions Except as provided in subparagraph (C), the term unauthorized use (i) To process and enforce a transaction or deliver a service requested by that individual. (ii) To operate the covered entity that is providing a transaction or delivering a service requested by that individual, such as inventory management, financial reporting and accounting, planning, and product or service improvement or forecasting. (iii) To prevent or detect fraud or to provide for a physically or virtually secure environment. (iv) To investigate a possible crime. (v) That is required by a provision of law or legal process. (vi) To market or advertise to an individual from a covered entity within the context of a covered entity's own Internet website, services, or products if the covered information used for such marketing or advertising was— (I) collected directly by the covered entity; or (II) shared with the covered entity— (aa) at the affirmative request of the individual; or (bb) by an entity with which the individual has an established business relationship. (vii) Use that is necessary for the improvement of transaction or service delivery through research, testing, analysis, and development. (viii) Use that is necessary for internal operations, including the following: (I) Collecting customer satisfaction surveys and conducting customer research to improve customer service information. (II) Information collected by an Internet website about the visits to such website and the click-through rates at such website— (aa) to improve website navigation and performance; or (bb) to understand and improve the interaction of an individual with the advertising of a covered entity. (ix) Use— (I) by a covered entity with which an individual has an established business relationship; (II) which the individual could have reasonably expected, at the time such relationship was established, was related to a service provided pursuant to such relationship; and (III) which does not constitute a material change in use or practice from what could have reasonably been expected. (C) Savings A use of covered information regarding an individual by a covered entity or its service provider may only be excluded under subparagraph (B) from the definition of unauthorized use (9) Unique identifier information The term unique identifier information (b) Modified definition by rulemaking If the Commission determines that a term defined in any of paragraphs (3) through (8) is not reasonably sufficient to protect an individual from unfair or deceptive acts or practices, the Commission may by rule modify such definition as the Commission considers appropriate to protect such individual from an unfair or deceptive act or practice to the extent that the Commission determines will not unreasonably impede interstate commerce. A Right to security and accountability 111. Security (a) Rulemaking required Not later than 180 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity to carry out security measures to protect the covered information it collects and maintains. (b) Proportion The requirements prescribed under subsection (a) shall provide for security measures that are proportional to the size, type, nature, and sensitivity of the covered information a covered entity collects. (c) Consistency The requirements prescribed under subsection (a) shall be consistent with guidance provided by the Commission and recognized industry practices for safety and security on the day before the date of the enactment of this Act. (d) Technological means In a rule prescribed under subsection (a), the Commission may not require a specific technological means of meeting a requirement. 112. Accountability Each covered entity shall, in a manner proportional to the size, type, and nature of the covered information it collects— (1) have managerial accountability, proportional to the size and structure of the covered entity, for the adoption and implementation of policies consistent with this title; (2) have a process to respond to non-frivolous inquiries from individuals regarding the collection, use, transfer, or storage of covered information relating to such individuals; and (3) describe the means of compliance of the covered entity with the requirements of this Act upon request from— (A) the Commission; or (B) an appropriate safe harbor program established under section 151. 113. Privacy by design Each covered entity shall, in a manner proportional to the size, type, and nature of the covered information that it collects, implement a comprehensive information privacy program by— (1) incorporating necessary development processes and practices throughout the product life cycle that are designed to safeguard the personally identifiable information that is covered information of individuals based on— (A) the reasonable expectations of such individuals regarding privacy; and (B) the relevant threats that need to be guarded against in meeting those expectations; and (2) maintaining appropriate management processes and practices throughout the data life cycle that are designed to ensure that information systems comply with— (A) the provisions of this title; (B) the privacy policies of a covered entity; and (C) the privacy preferences of individuals that are consistent with the consent choices and related mechanisms of individual participation as described in section 122. B Right to notice and individual participation 121. Transparent notice of practices and purposes (a) In general Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity— (1) to provide accurate, clear, concise, and timely notice to individuals of— (A) the practices of the covered entity regarding the collection, use, transfer, and storage of covered information; and (B) the specific purposes of those practices; (2) to provide accurate, clear, concise, and timely notice to individuals before implementing a material change in such practices; and (3) to maintain the notice required by paragraph (1) in a form that individuals can readily access. (b) Compliance and other considerations In the rulemaking required by subsection (a), the Commission— (1) shall consider the types of devices and methods individuals will use to access the required notice; (2) may provide that a covered entity unable to provide the required notice when information is collected may comply with the requirement of subsection (a)(1) by providing an alternative time and means for an individual to receive the required notice promptly; (3) may draft guidance for covered entities to use in designing their own notice and may include a draft model template for covered entities to use in designing their own notice; and (4) may provide guidance on how to construct computer-readable notices or how to use other technology to deliver the required notice. 122. Individual participation (a) In general Not later than 180 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity— (1) to offer individuals a clear and conspicuous mechanism for opt-in consent for any use of their covered information that would otherwise be unauthorized use; (2) to offer individuals a robust, clear, and conspicuous mechanism for opt-in consent for the use by third parties of the individuals' covered information for behavioral advertising or marketing; (3) to provide any individual to whom the personally identifiable information that is covered information pertains, and which the covered entity or its service provider stores, appropriate and reasonable— (A) access to such information; and (B) mechanisms to correct such information to improve the accuracy of such information; and (4) in the case that a covered entity enters bankruptcy or an individual requests the termination of a service provided by the covered entity to the individual or termination of some other relationship with the covered entity, to permit the individual to easily request that— (A) all of the personally identifiable information that is covered information that the covered entity maintains relating to the individual, except for information the individual authorized the sharing of or which the individual shared with the covered entity in a forum that is widely and publicly available, be rendered not personally identifiable; or (B) if rendering such information not personally identifiable is not possible, to cease the unauthorized use or transfer to a third party for an unauthorized use of such information or to cease use of such information for marketing, unless such unauthorized use or transfer is otherwise required by a provision of law. (b) Unauthorized use transfers In the rulemaking required by subsection (a), the Commission shall provide that with respect to transfers of covered information to a third party for which an individual provides opt-in consent, the third party to which the information is transferred may not use such information for any unauthorized use other than a use— (1) specified pursuant to the purposes stated in the required notice under section 121(a); and (2) authorized by the individual when the individual granted consent for the transfer of the information to the third party. (c) Alternative means To terminate use of covered information In the rulemaking required by subsection (a), the Commission shall allow a covered entity to provide individuals an alternative means, in lieu of the access, consent, and correction requirements, of prohibiting a covered entity from use or transfer of that individual's covered information. (d) Service providers (1) In general The use of a service provider by a covered entity to receive covered information in performing services or functions on behalf of and under the instruction of the covered entity does not constitute an unauthorized use of such information by the covered entity if the covered entity and the service provider execute a contract that requires the service provider to collect, use, and store the information on behalf of the covered entity in a manner consistent with— (A) the requirements of this title; and (B) the policies and practices related to such information of the covered entity. (2) Transfers between service providers for a covered entity The disclosure by a service provider of covered information pursuant to a contract with a covered entity to another service provider in order to perform the same service or functions for that covered entity does not constitute an unauthorized use. (3) Liability remains with covered entity A covered entity remains responsible and liable for the protection of covered information that has been transferred to a service provider for processing, notwithstanding any agreement to the contrary between a covered entity and the service provider. C Rights relating to data minimization, constraints on distribution, and data integrity 131. Data minimization Each covered entity shall— (1) collect only as much covered information relating to an individual as is reasonably necessary— (A) to process or enforce a transaction or deliver a service requested by such individual; (B) for the covered entity to provide a transaction or delivering a service requested by such individual, such as inventory management, financial reporting and accounting, planning, product or service improvement or forecasting, and customer support and service; (C) to prevent or detect fraud or to provide for a secure environment; (D) to investigate a possible crime; (E) to comply with a provision of law; (F) for the covered entity to market or advertise to such individual if the covered information used for such marketing or advertising was collected directly by the covered entity; or (G) for internal operations, including— (i) collecting customer satisfaction surveys and conducting customer research to improve customer service; and (ii) collection from an Internet website of information about visits and click-through rates relating to such website to improve— (I) website navigation and performance; and (II) the customer’s experience; (2) retain covered information for only such duration as— (A) with respect to the provision of a transaction or delivery of a service to an individual— (i) is necessary to provide such transaction or deliver such service to such individual; or (ii) if such service is ongoing, is reasonable for the ongoing nature of the service; or (B) is required by a provision of law; (3) retain covered information only for the purpose it was collected, or reasonably related purposes; and (4) exercise reasonable data retention procedures with respect to both the initial collection and subsequent retention. 132. Constraints on distribution of information (a) In general Each covered entity shall— (1) require by contract that any third party to which it transfers covered information use the information only for purposes that are consistent with— (A) the provisions of this title; and (B) as specified in the contract; (2) require by contract that such third party may not combine information that the covered entity has transferred to it, that relates to an individual, and that is not personally identifiable information with other information in order to identify such individual, unless the covered entity has obtained the opt-in consent of such individual for such combination and identification; and (3) before executing a contract with a third party— (A) assure through due diligence that the third party is a legitimate organization; and (B) in the case of a material violation of the contract, at a minimum notify the Commission of such violation. (b) Transfers to unreliable third parties prohibited A covered entity may not transfer covered information to a third party that the covered entity knows— (1) has intentionally or willfully violated a contract required by subsection (a); and (2) is reasonably likely to violate such contract. (c) Application of rules to third parties (1) In general Except as provided in paragraph (2), a third party that receives covered information from a covered entity shall be subject to the provisions of this Act as if it were a covered entity. (2) Exemption The Commission may, as it determines appropriate, exempt classes of third parties from liability under any provision of subtitle B if the Commission finds that— (A) such class of third parties cannot reasonably comply with such provision; or (B) with respect to covered information relating to individuals that is transferred to such class, compliance by such class with such provision would not sufficiently benefit such individuals. 133. Data integrity (a) In general Each covered entity shall attempt to establish and maintain reasonable procedures to ensure that personally identifiable information that is covered information and maintained by the covered entity is accurate in those instances where the covered information could be used to deny consumers benefits or cause significant harm. (b) Exception Subsection (a) shall not apply to covered information of an individual maintained by a covered entity that is provided— (1) directly to the covered entity by the individual; (2) to the covered entity by another entity at the request of the individual; (3) to prevent or detect fraud; or (4) to provide for a secure environment. D Right to notice of breaches of security 141. Definitions In this subtitle: (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 personally identifiable information by a covered entity, or an employee or agent of a covered entity, if the personally identifiable 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) Data in electronic form The term data in electronic form (3) Designated entity The term designated entity (4) Identity theft The term identity theft section 1028A (5) Major credit reporting agency The term major credit reporting agency 15 U.S.C. 1681a(p) (6) Service provider The term service provider 142. Notice to individuals (a) In general A covered entity that owns or possesses data in electronic form containing personally identifiable information, following the discovery of a breach of security of the system maintained by the covered entity that contains such information, shall notify— (1) each individual who is a citizen or resident of the United States and whose personally identifiable information has been, 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 143. (b) Special notification requirements (1) Third parties In the event of a breach of security of a system maintained by a third party that has been contracted to maintain or process data in electronic form containing personally identifiable information on behalf of a covered entity who owns or possesses such data, the third party shall notify the covered entity of the breach of security. (2) Service providers If a service provider becomes aware of a breach of security of data in electronic form containing personally identifiable 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. (3) Coordination of notification with credit reporting agencies (A) In general 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 personally identifiable 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. (B) Notice to credit reporting agencies before individuals 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 (1) In general All notifications required under this section shall be made without unreasonable delay following the discovery by the covered 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, 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 covered entity requests an extension of time and the Commission determines in writing that additional time is reasonably necessary to determine the scope of the security breach, prevent further disclosures, restore the reasonable integrity of the data system, or to provide notice to the designated entity. (ii) Approval of request If the Commission approves the request for delay, the covered entity may delay the period for notification for additional periods of up to 30 days. (3) Burden of production The covered entity, third party, or service provider required to provide notice under this title shall, upon the request of the 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) Method and content of notification (1) Direct notification (A) Method of direct notification Except as provided in paragraph (2), 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); and (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 notification under subparagraph (A) shall include the following: (i) The date, estimated date, or estimated date range of the breach of security. (ii) A description of the personally identifiable 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. (vii) A telephone number, that an individual can use at no cost to the individual, and an Internet website 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 notification under this paragraph instead of paragraph (1) of this subsection if— (i) notification under paragraph (1) is not feasible due to lack of sufficient contact information for the individual required to be notified; or (ii) the covered entity owns or possesses data in electronic form containing personally identifiable 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 Notification under this paragraph shall include the following: (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 website of the covered entity if the covered entity maintains an Internet website. (iii) Notification to print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personally identifiable information was acquired or accessed reside. (C) Content of substitute notification Each method of notification under this paragraph shall include the following: (i) The date, estimated date, or estimated date range of the breach of security. (ii) A description of the types of personally identifiable 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 personally identifiable 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. (vii) A telephone number, that an individual can use at no cost to the individual, and an Internet website address to obtain information from the Commission regarding identity theft. (3) Regulations and guidance (A) Regulations concerning substitute notification (i) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall prescribe criteria for determining circumstances under which notification may be provided under paragraph (2), including criteria for determining whether providing notification under paragraph (1) is not feasible due to excessive costs to the covered entity required to provide such notification relative to the resources of such covered entity. (ii) Other circumstances The regulations required by clause (i) may also identify other circumstances in which notification under paragraph (2) would be appropriate, including circumstances under which the cost of providing direct notification exceeds the benefits to individuals. (B) Guidance (i) In general The Commission, in consultation with the Administrator of the Small Business Administration, shall publish and otherwise make available general guidance with respect to compliance with this subsection. (ii) Contents The guidance required by clause (i) shall include the following: (I) A description of written or e-mail notification that complies with paragraph (1). (II) Guidance on the content of notification under paragraph (2), including the extent of notification to print and broadcast media that complies with subparagraph (B)(iii) of such paragraph. (e) Other obligations following breach (1) In general Subject to the provisions of this subsection, not later than 60 days after the date of a 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 such subsection to such individual shall provide, or arrange for the provision of, to such individual at no cost to such individual, consumer credit reports from at least 1 major credit reporting agency. (2) Limitation Paragraph (1) shall not apply if the only personally identifiable 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 Not later than 1 year after the date of the enactment of this Act, the Commission shall prescribe the following: (A) Criteria for determining 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 under this subsection. (B) A simple process under which a covered entity that is a small business concern or small nonprofit 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. (4) Definitions In this subsection: (A) Small business concern The term small business concern 15 U.S.C. 632 (B) Small nonprofit organization The term small nonprofit organization (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, such 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. The notification 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 If the notification required under subsection (a)(1) is delayed pursuant to paragraph (1), a covered entity shall give notice not more than 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. (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 set forth in 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 set forth in 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 subtitle. (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) FTC guidance Not later than 1 year after the date of the enactment of this Act, the Commission, after consultation with the Director of 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 notice 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 subtitle. (5) Reports Not later than 540 days after the date of the enactment of this Act, and upon request by Congress thereafter, the United States Secret Service and the 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 notice requirements under this section if the covered entity utilizes or participates in a security program that— (A) effectively blocks the use of the personally identifiable 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 personally identifiable 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) Covered financial institution 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) Federal functional regulator The term Federal functional regulator 15 U.S.C. 6809 (C) Financial institution 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 section 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 section 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 subtitle 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) (l) Internet website 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 website 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 website. (m) FTC study on notification in languages in addition to English Not later than 1 year after the date of the enactment of this Act, the Commission shall conduct a study on the feasibility and advisability of requiring notification provided pursuant to subsection (d)(1) to be provided in a language in addition to English to individuals known to speak only such other language. 143. Notice to law enforcement (a) Designation of Government entity To receive notice Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall designate a Federal Government entity to receive notice under this section. (b) Notice to designated entity A covered entity shall notify the designated entity of a breach of security if— (1) the number of individuals whose personally identifiable information was, or is reasonably believed to have been, acquired or accessed 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 personally identifiable 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 personally identifiable 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 the following: (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 personally identifiable information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security. (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) Notice by designated entity The designated entity shall promptly provide each notice it receives under subsection (b) to the following: (1) The United States Secret Service. (2) The Federal Bureau of Investigation. (3) The 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. (6) Such other Federal agencies as the designated entity considers appropriate 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 142(a)(1); 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. E Enforcement 151. General application The requirements of this title shall apply to any person who— (1) collects, uses, transfers, or stores covered information concerning more than 5,000 individuals during any consecutive 12-month period; and (2) is— (A) a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (B) a common carrier subject to the Communications Act of 1934 47 U.S.C. 151 et seq. Acts to regulate commerce Federal Trade Commission Act Federal Trade Commission Act (C) a nonprofit organization, including any organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code, notwithstanding the definition of the term Acts to regulate commerce Federal Trade Commission Act 15 U.S.C. 44 Federal Trade Commission Act 152. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A reckless or repetitive violation of a provision of this title, except section 143, shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act 15 U.S.C. 57a(a)(1)(B) (b) Powers of commission (1) In general Except as provided in paragraph (3), the Commission shall enforce this title, except section 143, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (2) Privileges and immunities Except as provided in paragraph (3), any person who violates a provision of this title, except section 143, shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (3) Common carriers and nonprofit organizations The Commission shall enforce this title, except section 143, with respect to common carriers and nonprofit organizations described in section 151 to the extent necessary to effectuate the purposes of this title as if such carriers and nonprofit organizations were persons over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (c) Rulemaking authority (1) Limitation In promulgating rules under this title, the Commission may not require the deployment or use of any specific products or technologies, including any specific computer software or hardware. (2) Administrative procedure The Commission shall promulgate regulations under this title in accordance with section 553 (d) Rule of construction Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law. 153. Enforcement by Attorney General (a) 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 143. (b) Penalties (1) 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 personally identifiable 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. (2) 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 $3,000,000, unless the conduct constituting a violation of subtitle D was reckless or repeated, in which case an additional civil penalty of up to $3,000,000 may be imposed. (3) 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 the enactment of this Act, and each year thereafter, the amounts specified in paragraphs (1) and (2) 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) Injunctive actions If it appears that a covered entity has engaged, or is engaged, in any act or practice that constitutes a violation of subtitle D, the Attorney General may petition an appropriate United States district court for an order enjoining such practice or enforcing compliance with such subtitle. (d) Issuance of order A court may issue such an order under paragraph (c) if it finds that the conduct in question constitutes a violation of subtitle D. 154. Enforcement by States (a) Civil action In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by a covered entity who violates any part of this title in a manner that results in economic or physical harm to an individual or engages in a pattern or practice that violates any part of this title other than section 143, the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (1) to enjoin further violation of this title or a regulation promulgated under this title by the defendant; (2) to compel compliance with this title or a regulation promulgated under this title; or (3) for violations of this title or a regulation promulgated under this title to obtain civil penalties in the amount determined under section title. (b) Rights of Federal Trade Commission (1) Notice to Federal Trade Commission (A) In general Except as provided in subparagraph (C), the attorney general of a State shall notify the Commission in writing of any civil action under subsection (b), prior to initiating such civil action. (B) Contents The notice required by subparagraph (A) shall include a copy of the complaint to be filed to initiate such civil action. (C) Exception If it is not feasible for the attorney general of a State to provide the notice required by subparagraph (A), the State shall provide notice immediately upon instituting a civil action under subsection (b). (2) Intervention by Federal Trade Commission Upon receiving notice required by paragraph (1) with respect to a civil action, the Commission may— (A) intervene in such action; and (B) upon intervening— (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such action. (c) Preemptive action by Federal Trade Commission If the Commission institutes a civil action for violation of this title or a regulation promulgated under this title, no attorney general of a State may bring a civil action under subsection (a) against any defendant named in the complaint of the Commission for violation of this title or a regulation promulgated under this title that is alleged in such complaint. (d) Investigatory powers Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on such attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to 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) Actions by other State officials (1) In general In addition to civil actions brought by attorneys general under subsection (a), any other officer of a State who is authorized by the State to do so may bring a civil action under subsection (a), subject to the same requirements and limitations that apply under this section to civil actions brought by attorneys general. (2) Savings provision Nothing in this section may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 155. Civil penalties (a) In general In an action brought under section 154, in addition to any other penalty otherwise applicable to a violation of this title or any regulation promulgated under this title, the following civil penalties shall apply: (1) Subtitle A violations A covered entity that recklessly or repeatedly violates subtitle A is liable for a civil penalty equal to the amount calculated by multiplying the number of days that the entity is not in compliance with such subtitle by an amount not to exceed $33,000. (2) Subtitle B violations A covered entity that recklessly or repeatedly violates subtitle B is liable for a civil penalty equal to the amount calculated by multiplying the number of days that such an entity is not in compliance with such subtitle, or the number of individuals for whom the entity failed to obtain consent as required by such subtitle, whichever is greater, by an amount not to exceed $33,000. (3) Subtitle D violations A covered entity that recklessly or repeatedly violates section 142 is liable for a civil penalty equal to the amount calculated by multiplying the number of violations of such section by an amount not to exceed $33,000. Each failure to send notification as required under such section 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 for All Urban Consumers is first published by the Bureau of Labor Statistics that is after 1 year after the date of the enactment of this Act, and each year thereafter, each of the amounts specified in subsection (a) 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 section 154, the maximum civil penalty for which any covered entity may be liable under this section in such actions shall not exceed— (1) $6,000,000 for any related series of violations of any rule promulgated under subtitle A; (2) $6,000,000 for any related series of violations of subtitle B; and (3) $6,000,000 for any related series of violations of section 142. 156. Effect on other laws (a) Preemption of State laws The provisions of this title shall supersede any provisions of the law of any State relating to those entities covered by the regulations issued pursuant to this title, to the extent that such provisions relate to the collection, use, or disclosure of— (1) covered information addressed in this title; or (2) personally identifiable information or personal identification information addressed in provisions of the law of a State. (b) Unauthorized civil actions; certain State laws (1) Unauthorized actions No person other than a person specified in section 154 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 this title or a regulation promulgated under this title. (2) Protection of certain state laws This title shall not be construed to preempt the applicability of— (A) State laws that address the collection, use, or disclosure of health information or financial information; or (B) other State laws to the extent that those laws relate to acts of fraud. (c) Rule of construction relating to required disclosures to government entities This title shall not be construed to expand or limit the duty or authority of a covered entity or third party to disclose personally identifiable information to a government entity under any provision of law. 157. No private right of action This title may not be construed to provide any private right of action. F Co-Regulatory safe harbor programs 161. Establishment of safe harbor programs (a) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish requirements for the establishment and administration of safe harbor programs under which a nongovernmental organization will administer a program that— (1) establishes a mechanism for participants to implement the requirements of this title with regards to— (A) certain types of unauthorized uses of covered information as described in paragraph (2); or (B) any unauthorized use of covered information; and (2) offers consumers a clear, conspicuous, persistent, and effective means of opting out of the transfer of covered information by a covered entity participating in the safe harbor program to a third party for— (A) behavioral advertising purposes; (B) location-based advertising purposes; (C) other specific types of unauthorized use; or (D) any unauthorized use. (b) Selection of nongovernmental organizations To administer program (1) Submittal of applications An applicant seeking to administer a program under the requirements established pursuant to subsection (a) shall submit to the Commission an application therefor at such time, in such manner, and containing such information as the Commission may require. (2) Notice and receipt of applications Upon completion of the rulemaking proceedings required by subsection (a), the Commission shall— (A) publish a notice in the Federal Register that it will receive applications for approval of safe harbor programs under this subtitle; and (B) begin receiving applications under paragraph (1). (3) Selection Not later than 270 days after the date on which the Commission receives a completed application under this subsection, the Commission shall grant or deny the application on the basis of the Commission's evaluation of the applicant’s capacity to provide protection of individuals’ covered information with regard to specific types of unauthorized uses of covered information as described in subsection (a)(2) that is substantially equivalent to or superior to the protection otherwise provided under this title. (4) Written findings Any decision reached by the Commission under this subsection shall be accompanied by written findings setting forth the basis for and reasons supporting such decision. (c) Scope of safe harbor protection The scope of protection offered by safe harbor programs approved by the Commission that establish mechanisms for participants to implement the requirements of the title only for certain uses of covered information as described in subsection (a)(2) shall be limited to participating entities’ use of those particular types of covered information. (d) Supervision by Federal Trade Commission (1) In general The Commission shall exercise oversight and supervisory authority of a safe harbor program approved under this section through— (A) ongoing review of the practices of the nongovernmental organization administering the program; (B) the imposition of civil penalties on the nongovernmental organization if it is not compliant with the requirements established under subsection (a); and (C) withdrawal of authorization to administer the safe harbor program under this subtitle. (2) Annual reports by nongovernmental organizations Each year, each nongovernmental organization administering a safe harbor program under this section shall submit to the Commission a report on its activities under this subtitle during the preceding year. 162. Participation in safe harbor program (a) Exemption Any covered entity that participates in, and demonstrates compliance with, a safe harbor program administered under section 161 shall be exempt from any provision of subtitle B or subtitle C if the Commission finds that the requirements of the safe harbor program are substantially the same as or more protective of privacy of individuals than the requirements of the provision from which the exemption is granted. (b) Limitation Nothing in this subtitle shall be construed to exempt any covered entity participating in a safe harbor program from compliance with any other requirement of the regulations promulgated under this title for which the safe harbor does not provide an exception. G Application with other Federal laws 171. Application with other Federal laws (a) Qualified exemption for persons subject to other Federal privacy laws If a person is subject to a provision of this title and a provision of a Federal privacy law described in subsection (d), such provision of this title shall not apply to such person to the extent that such provision of Federal privacy law applies to such person. (b) Protection of other Federal privacy laws Nothing in this title may be construed to modify, limit, or supersede the operation of the Federal privacy laws described in subsection (d) or the provision of information permitted or required, expressly or by implication, by such laws, with respect to Federal rights and practices. (c) Communications infrastructure and privacy If a person is subject to a provision of section 222 or 631 of the Communications Act of 1934 (47 U.S.C. 222 and 551) and a provision of this title, such provision of such section 222 or 631 shall not apply to such person to the extent that such provision of this title applies to such person. (d) Other Federal privacy laws described The Federal privacy laws described in this subsection are as follows: (1) Section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974). (2) The Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. (3) The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (4) The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. (5) The Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. (6) Title V of the Gramm-Leach-Bliley Act of 1999 ( 15 U.S.C. 6801 et seq. (7) Chapters 119, 123, and 206 of title 18, United States Code. (8) Section 2710 of title 18, United States Code. (9) Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (10) Section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h (11) The Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa et seq. (12) The regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 42 U.S.C. 1320d–2(a)(1) (13) The Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.). (14) Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 H Development of commercial data privacy policy in the Department of Commerce 181. Direction to develop commercial data privacy policy The Secretary of Commerce shall contribute to the development of commercial data privacy policy by— (1) convening private sector stakeholders, including members of industry, civil society groups, academia, in open forums, to develop codes of conduct in support of applications for safe harbor programs under subtitle F; (2) expanding interoperability between the United States commercial data privacy framework and other national and regional privacy frameworks; (3) conducting research related to improving privacy protection under this title; and (4) conducting research related to improving data sharing practices, including the use of anonymised data, and growing the information economy. II Online privacy of children 201. Short title This title may be cited as the Do Not Track Kids Act of 2014 202. Findings Congress finds the following: (1) Since the enactment of the Children’s Online Privacy Protection Act of 1998, the World Wide Web has changed dramatically, with the creation of tens of millions of websites, the proliferation of entirely new media platforms, and the emergence of a diverse ecosystem of services, devices, and applications that enable users to connect wirelessly within an online environment without being tethered to a desktop computer. (2) The explosive growth of the Internet ecosystem has unleashed a wide array of opportunities to learn, communicate, participate in civic life, access entertainment, and engage in commerce. (3) In addition to these significant benefits, the Internet also presents challenges, particularly with respect to the efforts of entities to track the online activities of children and minors and to collect, use, and disclose personal information about them, including their geolocation, for commercial purposes. (4) Children and teens are visiting numerous companies’ websites, and marketers are using multimedia games, online quizzes, and mobile phone and tablet applications to create ties to children and teens. (5) According to a study by the Wall Street Journal in 2010, websites directed to children and teens were more likely to use cookies and other tracking tools than sites directed to a general audience. (6) This study examined 50 popular websites for children and teens in the United States and found that these 50 sites placed 4,123 cookies, beacons, and other tracking tools on the test computer used for the study. (7) This is 30 percent greater than the number of such tracking tools that were placed on the test computer in a similar study of the 50 overall most popular websites in the United States, which are generally directed to adults. (8) Children and teens lack the cognitive ability to distinguish advertising from program content and to understand that the purpose of advertising is to persuade them, making them unable to activate the defenses on which adults rely. (9) Children and teens are less able than adults to understand the potential long-term consequences of having their information available to third parties, including advertisers, and other individuals. (10) According to Common Sense Media and the Center for Digital Democracy, 90 percent of teens have used some form of social media, 75 percent have a social networking site, and 51 percent check their social networking site at least once a day. (11) Ninety-one percent of parents and 91 percent of adults believe it is not okay for advertisers to collect information about a child’s location from that child’s mobile phone. (12) Ninety-four percent of parents and 91 percent of adults agree that advertisers should receive the parent’s permission before putting tracking software on a child’s computer. (13) Ninety-six percent of parents and 94 percent of adults expressed disapproval when asked if it is okay for a website to ask children for personal information about their friends (14) Eighty-eight percent of parents would support a law that requires search engines and social networking sites to get users’ permission before using their personal information. (15) A Commonsense Media/Zogby poll found that 94 percent of parents and 94 percent of adults believe individuals should have the ability to request the deletion, after a specific period of time, of all of their personal information held by an online search engine, social networking site, or marketing company. (16) According to a Pew/Berkman Center poll, 69 percent of parents of teens who engage in online activity are concerned about how that activity might affect their children’s future academic or employment opportunities. (17) Eighty-one percent of parents of teens who engage in online activity say they are concerned about how much information advertisers can learn about their children’s online activity. 203. Definitions (a) In general In this title: (1) Minor The term minor (2) Targeted marketing The term targeted marketing (A) based on the personal information of the individual or a unique identifier of the device; and (B) as a result of use by the individual, or access by the device, of a website, online service, online application, or mobile application. (b) Terms defined by Commission In this title, the terms directed to minors geolocation information section 553 Internet 15 U.S.C. 6501 et seq. (c) Other definitions The definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 section 553 204. Online collection, use, and disclosure of personal information of children (a) Definitions Section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 (1) by amending paragraph (2) to read as follows: (2) Operator The term operator (A) means any person who, for commercial purposes, in interstate or foreign commerce, operates or provides a website on the Internet, online service, online application, or mobile application, and who— (i) collects or maintains, either directly or through a service provider, personal information from or about the users of such website, service, or application; (ii) allows another person to collect personal information directly from users of such website, service, or application (in which case the operator is deemed to have collected the information); or (iii) allows users of such website, service, or application to publicly disclose personal information (in which case the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information for any purpose, except where such information is provided to a person other than an operator who provides support for the internal operations of the website, online service, online application, or mobile application of the operator and does not disclose or use that information for any other purpose; and ; and (B) in subparagraph (B), by striking website or online service website, online service, online application, or mobile application (3) in paragraph (8)— (A) by amending subparagraph (G) to read as follows: (G) information concerning a child or the parents of that child (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child and combines with an identifier described in subparagraphs (A) through (G). ; (B) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (C) by inserting after subparagraph (E) the following new subparagraph: (F) information (including an Internet protocol address) that permits the identification of an individual, the computer of an individual, or any other device used by an individual to access the Internet or an online service, online application, or mobile application; ; (4) by striking paragraph (10) and redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (5) by adding at the end the following new paragraph: (12) Online, online service, online application, mobile application, directed to children The terms online online service online application mobile application directed to children Commercial Privacy Bill of Rights Act of 2014 section 553 Internet online service . (b) Online collection, use, and disclosure of personal information of children Section 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 (1) by striking the heading and inserting the following: Online collection, use, and disclosure of personal information of children. (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b). ; and (B) in paragraph (2)— (i) by striking of such a website or online service (ii) by striking subsection (b)(1)(B)(iii) subsection (b)(1)(C)(iii) (3) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) In general Not later than 1 year after the date of the enactment of the Commercial Privacy Bill of Rights Act of 2014 section 553 (A) to provide clear and conspicuous notice in clear and plain language of the types of personal information the operator collects, how the operator uses such information, whether the operator discloses such information, and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children except in accordance with the regulations promulgated under this paragraph; (B) to obtain verifiable parental consent for the collection, use, or disclosure of personal information of a child; (C) to provide to a parent whose child has provided personal information to the operator, upon request by and proper identification of the parent— (i) a description of the specific types of personal information collected from the child by the operator; (ii) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child; and (iii) a means that is reasonable under the circumstances for the parent to obtain any personal information collected from the child, if such information is available to the operator at the time the parent makes the request; (D) not to condition participation in a game, or use of a website, service, or application, by a child on the provision by the child of more personal information than is reasonably required to participate in the game or use the website, service, or application; and (E) to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking paragraph (1)(A)(ii) paragraph (1)(B) (ii) in subparagraph (A), by inserting or to contact a different child to recontact the child (C) by amending paragraph (3) to read as follows: (3) Continuation of service The regulations shall prohibit an operator from discontinuing service provided to a child on the basis of refusal by the parent of the child, under the regulations prescribed under paragraph (1)(C)(ii), to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child, to the extent that the operator is capable of providing such service without such information. ; and (D) by adding at the end the following: (4) Rule for treatment of users of websites, services, and applications directed to children An operator of a website, online service, online application, or mobile application that is directed to children shall treat all users of such website, service, or application as children for purposes of this title, except as permitted by the Commission by a regulation promulgated under this title. . (c) Administration and applicability of Act Section 1306 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of by the appropriate Federal banking agency with respect to any insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsection: (f) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) 47 U.S.C. 153 (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 (47 U.S.C. 222; 338(i); 551) are inconsistent with this title, this title controls. . 205. Targeted marketing to children or minors (a) Acts prohibited It is unlawful for— (1) an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to use, disclose to third parties, or compile personal information for targeted marketing purposes without verifiable parental consent; or (2) an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to use, disclose to third parties, or compile personal information for targeted marketing purposes without the consent of the minor. (b) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section. 206. Digital Marketing Bill of Rights for Teens and Fair Information Practices Principles (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to collect personal information from a minor unless such operator has adopted and complies with a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles described in subsection (b). (b) Fair Information Practices Principles The Fair Information Practices Principles described in this subsection are the following: (1) Collection limitation principle Except as provided in paragraph (3), personal information should be collected from a minor only when collection of the personal information is— (A) consistent with the context of a particular transaction or service or the relationship of the minor with the operator, including collection necessary to fulfill a transaction or provide a service requested by the minor; or (B) required or specifically authorized by law. (2) Data quality principle The personal information of a minor should be accurate, complete, and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs (A) through (D) of paragraph (3). (3) Purpose specification principle The purposes for which personal information is collected should be specified to the minor not later than at the time of the collection of the information. The subsequent use or disclosure of the information should be limited to— (A) fulfillment of the transaction or service requested by the minor; (B) support for the internal operations of the website, service, or application, as described in section 312.2 (C) compliance with legal process or other purposes expressly authorized under specific legal authority; or (D) other purposes— (i) that are specified in a notice to the minor; and (ii) to which the minor has consented under paragraph (7) before the information is used or disclosed for such other purposes. (4) Retention limitation principle The personal information of a minor should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the minor or such other purposes specified in subparagraphs (A) through (D) of paragraph (3). The operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of such personal information. (5) Security safeguards principle The personal information of a minor should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure. (6) Openness principle (A) In general The operator should maintain a general policy of openness about developments, practices, and policies with respect to the personal information of a minor. The operator should provide each minor using the website, online service, online application, or mobile application of the operator with a clear and prominent means— (i) to identify and contact the operator, by, at a minimum, disclosing, clearly and prominently, the identity of the operator and— (I) in the case of an operator who is an individual, the address of the principal residence of the operator and an e-mail address and telephone number for the operator; or (II) in the case of any other operator, the address of the principal place of business of the operator and an e-mail address and telephone number for the operator; (ii) to determine whether the operator possesses any personal information of the minor, the nature of any such information, and the purposes for which the information was collected and is being retained; (iii) to obtain any personal information of the minor that is in the possession of the operator from the operator, or from a person specified by the operator, within a reasonable time after making a request, at a charge (if any) that is not excessive, in a reasonable manner, and in a form that is readily intelligible to the minor; (iv) to challenge the accuracy of personal information of the minor that is in the possession of the operator; and (v) if the minor establishes the inaccuracy of personal information in a challenge under clause (iv), to have such information erased, corrected, completed, or otherwise amended. (B) Limitation Nothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority. (7) Individual participation principle The operator should— (A) obtain consent from a minor before using or disclosing the personal information of the minor for any purpose other than the purposes described in subparagraphs (A) through (C) of paragraph (3); and (B) obtain affirmative express consent from a minor before using or disclosing previously collected personal information of the minor for purposes that constitute a material change in practice from the original purposes specified to the minor under paragraph (3). (c) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section, including regulations further defining the Fair Information Practices Principles described in subsection (b). 207. Online collection of geolocation information of children and minors (a) Acts prohibited (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that geolocation information being collected is from a child or minor, to collect geolocation information from a child or minor in a manner that violates the regulations prescribed under subsection (b). (2) Disclosure to parent or minor protected Notwithstanding paragraph (1), neither an operator nor the operator’s agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of geolocation information under subparagraph (C)(ii)(III) or (D)(ii)(III) of subsection (b)(1). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 (A) to provide clear and conspicuous notice in clear and plain language of any geolocation information the operator collects, how the operator uses such information, and whether the operator discloses such information; (B) to establish procedures or mechanisms to ensure that geolocation information is not collected from children or minors except in accordance with regulations promulgated under this paragraph; (C) in the case of collection of geolocation information from a child— (i) prior to collecting such information, to obtain verifiable parental consent; and (ii) after collecting such information, to provide to the parent of the child, upon request by and proper identification of the parent— (I) a description of the geolocation information collected from the child by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the child; and (III) a means that is reasonable under the circumstances for the parent to obtain any geolocation information collected from the child, if such information is available to the operator at the time the parent makes the request; and (D) in the case of collection of geolocation information from a minor— (i) prior to collecting such information, to obtain affirmative express consent from such minor; and (ii) after collecting such information, to provide to the minor, upon request— (I) a description of the geolocation information collected from the minor by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the minor; and (III) a means that is reasonable under the circumstances for the minor to obtain any geolocation information collected from the minor, if such information is available to the operator at the time the minor makes the request. (2) When consent not required The regulations promulgated under paragraph (1) shall provide that verifiable parental consent under subparagraph (C)(i) of such paragraph or affirmative express consent under subparagraph (D)(i) of such paragraph is not required when the collection of the geolocation information of a child or minor is necessary, to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. (3) Continuation of service The regulations promulgated under paragraph (1) shall prohibit an operator from discontinuing service provided to— (A) a child on the basis of refusal by the parent of the child, under subparagraph (C)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the child by the operator, to the extent that the operator is capable of providing such service without such information; or (B) a minor on the basis of refusal by the minor, under subparagraph (D)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the minor by the operator, to the extent that the operator is capable of providing such service without such information. (c) Inconsistent State law No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this section that is inconsistent with the treatment of those activities or actions under this section. 208. Removal of content (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application to make publicly available through the website, service, or application content or information that contains or displays personal information of children or minors in a manner that violates the regulations prescribed under subsection (b). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 (A) to the extent technologically feasible, to implement mechanisms that permit a user of the website, service, or application of the operator to erase or otherwise eliminate content or information submitted to the website, service, or application by such user that is publicly available through the website, service, or application and contains or displays personal information of children or minors; and (B) to take appropriate steps to make users aware of such mechanisms and to provide notice to users that such mechanisms do not necessarily provide comprehensive removal of the content or information submitted by such users. (2) Exception The regulations promulgated under paragraph (1) may not require an operator or third party to erase or otherwise eliminate content or information that— (A) any other provision of Federal or State law requires the operator or third party to maintain; or (B) was submitted to the website, service, or application of the operator by any person other than the user who is attempting to erase or otherwise eliminate such content or information, including content or information submitted by such user that was republished or resubmitted by another person. (3) Limitation Nothing in this section shall be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. 209. Enforcement and applicability (a) Enforcement by the Commission (1) In general Except as otherwise provided, this title and the regulations prescribed under this title shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (2) Unfair or deceptive acts or practices Subject to subsection (b), a violation of this title or a regulation prescribed under this title shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (3) Actions by the Commission (A) In general Subject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this title or a regulation prescribed under this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates this title or a regulation prescribed under this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Enforcement by certain other agencies Notwithstanding subsection (a), compliance with the requirements imposed under this title shall be enforced as follows: (1) Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 12 U.S.C. 1813 (2) Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. (3) Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. (4) Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. 7 U.S.C. 226 (5) Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. (c) Enforcement by States (1) Civil actions In any case in which the attorney general 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 the engagement of any person in a practice that violates this title or a regulation prescribed under this title, 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 to— (A) enjoin that practice; (B) enforce compliance with this title or such regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers For purposes of bringing any civil action under paragraph (1), nothing in this title 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 or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Preemptive action by Federal Trade Commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of this title, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) 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 paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (d) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) 47 U.S.C. 153 (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 (47 U.S.C. 222; 338(i); 551) are inconsistent with this title, this title controls. 210. Rule for treatment of users of websites, services, and applications directed to children or minors An operator of a website, online service, online application, or mobile application that is directed to children or minors shall treat all users of such website, service, or application as children or minors (as the case may be) for purposes of this title, except as permitted by the Commission by a regulation promulgated under this title. 211. Effective dates (a) In general Except as provided in subsections (b) and (c), this title and the amendments made by this title shall take effect on the date that is 1 year after the date of the enactment of this Act. (b) Authority To promulgate regulations The following shall take effect on the date of the enactment of this Act: (1) The amendments made by subsections (a)(5) and (b)(3)(A) of section 204. (2) Sections 205(b), 206(c), 207(b), and 208(b). (3) Subsections (b) and (c) of section 203. (c) Digital Marketing Bill of Rights for Teens Section 206, except for subsection (c) of such section, shall take effect on the date that is 180 days after the promulgation of regulations under such subsection.

Commercial Privacy Bill of Rights Act of 2014

Klamath Basin Water Recovery and Economic Restoration Act of 2014 - (Sec. 3) Authorizes, ratifies, and confirms: (1) the Hydroelectric Settlement (Settlement), the Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (Restoration Agreement), and the Upper Klamath Basin Comprehensive Agreement (Upper Basin Agreement), except as modified by this Act; and (2) any amendments to the Settlement, Restoration Agreement, or Upper Basin Agreement that are executed to make them consistent with this Act. Directs the Secretary of the Interior (Secretary), the Secretary of Commerce, and the Secretary of Agriculture to promptly execute and implement the Restoration Agreement. Directs the Secretary and the Secretary of Commerce to promptly execute and implement the Upper Basin Agreement. Directs the Secretary, the Secretary of Commerce, and the Federal Energy Regulatory Commission (FERC) to implement the Settlement to the extent that it does not conflict with this Act. (Sec. 4) Includes in the Klamath Reclamation Project's purposes irrigation, reclamation, flood control, municipal uses, industrial uses, power, fish and wildlife purposes, and National Wildlife Refuge purposes. Prohibits water allocations for fish and wildlife and National Wildlife Refuge purposes from adversely affecting water allocations for irrigation purposes, with the exception of allocations to refuges as provided for in the Restoration Agreement. Provides for the disposition of net revenues from the leasing of refuge land within the Tule Lake National Wildlife Refuge and the Lower Klamath National Wildlife Refuge. (Sec. 5) Authorizes the Klamath Tribes, and the United States acting as trustee for such Tribes, to make the commitments set forth in the Restoration Agreement and Upper Basin Agreement in consideration of: (1) the benefits those Agreements provide to the Tribes, and (2) the resolution of any contest or exception the Klamath Project Water Users and Off-Project Irrigators had to the Tribes' water rights claims. Authorizes the Karuk Tribe and Yurok Tribe to make the commitments set forth in the Restoration Agreement in consideration for the commitments of the Klamath Project Water Users described in that Agreement and the other benefits provided in that Agreement and this Act. Authorizes the Klamath Tribes, Karuk Tribe, Yurok Tribe, and any other federally recognized tribes of the Klamath Basin that become party to the Restoration Agreement after this Act's enactment to relinquish and release certain claims against the United States. (Sec. 6) Amends the Klamath Basin Water Supply Enhancement Act of 2000 to authorize the Secretary, consistent with the Agreements, to carry out any activities to: align water supplies with demand, including activities to reduce water consumption and demand; limit the net costs of power used to manage water for the Klamath Project, the On-Project Power Users, irrigators in the Off-Project Area, and the Klamath Basin National Wildlife Refuge Complex; and restore any ecosystem and otherwise protect fish and wildlife in the Klamath Basin watershed, including tribal fishery resources held in trust. (Sec. 7) Establishes in the Treasury the Klamath Tribes Tribal Resource Fund to be managed, invested, and administered by the Secretary for the benefit of the Klamath Tribes in accordance with the Upper Basin Agreement. Authorizes the Klamath Tribes to submit a tribal investment plan that, if approved by the Secretary, would allow funds from the Fund to be disbursed to the Tribes for investment in accordance with that plan. Requires the Klamath Tribes to submit for the Secretary's approval an economic development plan for the use of the Fund. Requires that plan to include a resource acquisition and enhancement plan that requires at least 50% of the amount appropriated each fiscal year for the Fund to be used to enhance, restore, and utilize the natural resources of the Tribes in a manner that also provides for the Tribes' economic development and benefits adjacent non-Indian communities. Prohibits any amount in the Fund or revenue from any water use contract from being distributed to any member of the Klamath Tribes on a per capita basis. Requires the Tribes to make the commitments set forth in the Agreements and to be in substantial compliance with those commitments before amounts in the Fund are disbursed. Directs the Secretary to submit annual reports to Congress on the operation of the Fund. Authorizes appropriations for the Fund. (Sec. 8) Directs the Governors of Oregon and California and the Secretary, in accordance with the Settlement, to jointly: (1) determine whether to proceed with the removal of the Iron Gate Dam, the Copco No. 1 Dam, the Copco No. 2 Dam, and the J.C. Boyle Dam on the Klamath River based on, but not limited to, factors identified in the Settlement; and (2) designate a dam removal entity if they decide to proceed. Directs the Secretary and the Governors to: (1) report to Congress and make public a report on the determination and plan for facilities removal, and (2) report to Congress on the results of facilities removal within three years after facilities removal is completed. Requires the Secretary to accept title to the Keno Dam in Klamath County, Oregon, upon receiving notice that the dam removal entity is ready to remove the J.C. Boyle Dam. Terminates FERC's jurisdiction over the Keno Dam and makes it part of the Klamath Reclamation Project upon the Secretary's acceptance of title to it. Requires FERC to: (1) issue an order approving partial surrender of the license for the East Side and West Side Developments associated with the Link River Dam upon PacifiCorp's filing of an application for such surrender; and (2) resume timely consideration of the pending licensing application for the Fall Creek Development within 60 days after title to the Iron Gate Dam is transferred to the dam removal entity, regardless of whether PacifiCorp retains ownership of the Development. Transfers title to PacifiCorp's California hatchery facilities to California when the dam removal entity takes title to the Iron Gate Dam or such other time as may be agreed to by the Settlement parties. (Sec. 9) Authorizes the Secretary, the Secretary of Commerce, and the Secretary of Agriculture to enter into agreements with state, tribal, and local governments and private individuals and entities in order to implement the Act, the Settlement, and the Agreements. Requires priority to be given to the Yurok Tribe, the Karuk Tribe, the Klamath Tribes, and any other federally recognized tribes of the Klamath Basin that become party to the Restoration Agreement in awarding grants or contracts to implement the fisheries programs in that Agreement. Sets forth budgetary provisions. Requires the Secretary, the Secretary of Commerce, and the Secretary of Agriculture to report to Congress each fiscal year regarding the implementation of the Settlement and the Agreements.

To approve and implement the Klamath Basin agreements, to improve natural resource management, support economic development, and sustain agricultural production in the Klamath River Basin in the public interest and the interest of the United States, and for other purposes. 1. Short title This Act may be cited as the Klamath Basin Water Recovery and Economic Restoration Act of 2014 2. Definitions In this Act: (1) Agreement The term Agreement (A) the Restoration Agreement; and (B) the Upper Basin Agreement. (2) Commission The term Commission (3) Facilities removal The term facilities removal (A) physical removal of all or part of each facility to achieve, at a minimum, a free-flowing condition and volitional fish passage; (B) site remediation and restoration, including restoration of previously inundated land; (C) measures to avoid or minimize adverse downstream impacts; and (D) all associated permitting for the actions described in this paragraph. (4) Facility The term facility (A) Iron Gate Dam. (B) Copco No. 1 Dam. (C) Copco No. 2 Dam. (D) J.C. Boyle Dam. (5) Hydroelectric settlement The term Hydroelectric Settlement Klamath Hydroelectric Settlement Agreement (6) Joint management entity The term Joint Management Entity (A) is comprised of the Landowner Entity, the Klamath Tribes, the United States, and the State of Oregon; (B) represents the interests of the parties to the Upper Basin Agreement; and (C) is responsible for overseeing implementation of the Upper Basin Agreement, as described in section 7 of the Upper Basin Agreement. (7) Joint management entity technical team The term Joint Management Entity Technical Team (8) Keno facility The term Keno Facility (9) Klamath basin (A) In general The term Klamath Basin (B) Inclusions The term Klamath Basin (10) Klamath project (A) In general The term Klamath Project (B) Inclusions The term Klamath Project (11) Klamath project water users The term Klamath Project Water Users (12) Landowner entity The term Landowner Entity (13) Off-project area The term Off-Project Area (A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including the Wood River, Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and (B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. (14) Off-project irrigator The term Off-Project Irrigator (A) (i) a claimant for water rights for irrigation uses in the Off-Project Area in Oregon’s Klamath Basin Adjudication; or (ii) a holder of a State of Oregon water right permit or certificate for irrigation use in the Off-Project Area; and (B) a Party to the Upper Basin Agreement. (15) Oregon’s klamath basin adjudication The term Oregon’s Klamath Basin adjudication In the matter of the determination of the relative rights of the waters of the Klamath River, a tributary of the Pacific Ocean (16) Pacificorp The term PacifiCorp (17) Party tribes The term Party tribes (A) the Yurok Tribe; (B) the Karuk Tribe; (C) the Klamath Tribes; and (D) such other federally recognized tribes of the Klamath Basin as may become party to the Restoration Agreement after the date of enactment of this Act. (18) Restoration agreement The term Restoration Agreement Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (19) Riparian program The term Riparian Program (20) Secretary The term Secretary (21) Secretaries The term Secretaries (A) the Secretary of the Interior; (B) the Secretary of Commerce; and (C) the Secretary of Agriculture. (22) Settlements The term Settlements (A) the Hydroelectric Settlement; (B) the Restoration Agreement; and (C) the Upper Basin Agreement. (23) Upper basin agreement The term Upper Basin Agreement Upper Klamath Basin Comprehensive Agreement (24) Water use program The term Water Use Program 3. Authorization, execution, and implementation of settlements (a) Ratification of settlements (1) In general Except as modified by this Act, and to the extent that the Settlements do not conflict with this Act, the Settlements are authorized, ratified, and confirmed. (2) Amendments consistent with this act If any amendment is executed to make any of the Settlements consistent with this Act, the amendment is also authorized, ratified, and confirmed to the extent the amendment is consistent with this Act. (3) Further amendments If any amendment to any of the Settlements is executed by the parties to the applicable Settlement after the date of enactment of this Act, unless the Secretary, the Secretary of Commerce, or Secretary of Agriculture determines, not later than 90 days after the date on which the non-Federal parties agree to the amendment, that the amendment is inconsistent with this Act or other provisions of law, the amendment is also authorized, ratified, and confirmed to the extent the amendment— (A) is not inconsistent with this Act or other provisions of law; (B) is executed in a manner consistent with the terms of the applicable Settlement; and (C) does not require congressional approval pursuant to section 2116 of the Revised Statutes (25 U.S.C. 177) or other applicable Federal law. (b) Execution and implementation of settlements (1) The agreements (A) In general As authorized, ratified, and confirmed pursuant to subsection (a)— (i) the Secretary, the Secretary of Commerce, and the Secretary of Agriculture shall promptly execute and implement the Restoration Agreement; and (ii) the Secretary and the Secretary of Commerce shall promptly execute and implement the Upper Basin Agreement. (B) Effect of executing agreements Notwithstanding subsection (l), execution by the applicable Secretaries under subparagraph (A) of either Agreement shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) Participation in the upper basin agreement As provided for in the Upper Basin Agreement and as part of implementing the Upper Basin Agreement, the Secretary and the Secretary of Commerce may— (i) participate in the Water Use Program and in the Riparian Program; and (ii) serve as members of the Joint Management Entity representing the Bureau of Indian Affairs, the United States Fish and Wildlife Service, the United States Geological Survey, and the National Marine Fisheries Service of the Department of Commerce, with the Secretary serving as the voting member, as described in section 7.1.5 of the Upper Basin Agreement. (2) Hydroelectric settlement To the extent that the Hydroelectric Settlement does not conflict with this Act, the Secretary, the Secretary of Commerce, and the Commission shall implement the Hydroelectric Settlement, in consultation with other applicable Federal agencies. (c) Federal responsibilities To the extent consistent with the Settlements, this Act, and other provisions of law, the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission shall perform all actions necessary to carry out each responsibility of the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission, respectively, under the Settlements. (d) Environmental compliance In implementing the Settlements, the Secretaries and the Commission shall comply with— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) all other applicable law. (e) Publication of notice; effect of publication (1) Restoration agreement (A) Publication The Secretary shall publish the notice required by section 15.3.4.A or section 15.3.4.C of the Restoration Agreement, as applicable, in accordance with the Restoration Agreement. (B) Effect of publication Publication of the notice described in subparagraph (A) shall have the effects on the commitments, rights, and obligations of the Party tribes, the United States (as trustee for the federally recognized tribes of the Klamath Basin), and other parties to the Restoration Agreement as the rights and obligations that are provided for in the Restoration Agreement. (2) Upper basin agreement (A) Publication The Secretary shall publish the notice required by section 10.1 of the Upper Basin Agreement if all requirements of section 10 of the Upper Basin Agreement have been fulfilled, including the requirement for notice by the Klamath Tribes of the willingness of the Tribes to proceed with the Upper Basin Agreement following enactment of authorizing legislation as described in section 10.1.10 or 10.2 of the Upper Basin Agreement, as applicable, in accordance with the Upper Basin Agreement. (B) Effect of publication (i) Permanency On publication of the notice required under section 10.1 of the Upper Basin Agreement, the Upper Basin Agreement shall become permanent. (ii) Termination On publication of the notice required under section 10.2 of the Upper Basin Agreement, the Upper Basin Agreement shall terminate, according to the terms of that section. (3) Judicial review (A) In general Judicial review of a decision of the Secretary pursuant to this subsection shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (B) Deadline Any petition for review under this subparagraph shall be filed not later than 1 year after the date of publication of the notice required under this paragraph. (f) Eligibility for funds protected Notwithstanding any other provision of law, nothing in this Act or the implementation of the Settlements, other than as explicitly provided for in this Act or the Settlements— (1) restricts or alters the eligibility of any party to any of the Settlements, or of any Indian tribe, for the receipt of funds; or (2) shall be considered an offset against any obligations or funds in existence on the date of enactment of this Act, under any Federal or State law. (g) Tribal rights protected Nothing in this Act or the Settlements— (1) affects the rights of any Indian tribe outside the Klamath Basin; or (2) amends, alters, or limits the authority of the Indian tribes of the Klamath Basin to exercise any water rights the Indian tribes hold or may be determined to hold except as expressly provided in the Agreements. (h) Water rights (1) In general Except as specifically provided in this Act and the Settlements, nothing in this Act or the Settlements creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this Act. (2) No standard for quantification Nothing in this Act or the Settlements establishes any standard for the quantification of Federal reserved water rights or any water claims of any Indian tribe in any judicial or administrative proceeding. (i) Willing sellers Any acquisition of interests in land or water pursuant to either Agreement shall be from willing sellers. (j) No private right of action (1) In general Nothing in this Act confers on any person or entity not a party to the Settlements a private right of action or claim for relief to interpret or enforce this Act or the Settlements. (2) Other law This subsection does not alter or curtail any right of action or claim for relief under any other applicable law. (k) State courts Nothing in this Act expands the jurisdiction of State courts to review Federal agency actions or determine Federal rights. (l) Relationship to certain other federal law (1) In general Nothing in this Act amends, supersedes, modifies, or otherwise affects— (A) Public Law 88–567 ( 16 U.S.C. 695k et seq. (B) the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. (C) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (D) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (E) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (F) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (G) the Treaty between the United States and the Klamath and Moadoc Tribes and the Yahooskin Band of Snake Indians dated October 14, 1864 (16 Stat. 707); or (H) the Klamath Indian Tribe Restoration Act ( 25 U.S.C. 566 et seq. (2) Consistency The Agreements shall be considered consistent with subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 (3) Federal advisory committee act The actions of the Joint Management Entity and the Joint Management Entity Technical Team shall not be subject to the Federal Advisory Committee Act (m) Waiver of sovereign immunity by the United States Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriations Act, 1953 ( 43 U.S.C. 666 (n) Waiver of sovereign immunity by the party tribes Nothing in this Act waives or abrogates the sovereign immunity of the Party tribes. 4. Klamath project authorized purposes (a) Klamath project purposes (1) In general Subject to paragraph (2) and subsection (b), the purposes of the Klamath Project include— (A) irrigation; (B) reclamation; (C) flood control; (D) municipal; (E) industrial; (F) power; (G) fish and wildlife purposes; and (H) National Wildlife Refuge purposes. (2) Effect of fish and wildlife purposes (A) In general Subject to subparagraph (B), the fish and wildlife purposes of the Klamath Project authorized under paragraph (1) shall not adversely affect the irrigation purpose of the Klamath Project. (B) Water allocations and delivery Notwithstanding subparagraph (A), the water allocations and delivery to the National Wildlife Refuges provided for in the Restoration Agreement shall not constitute an adverse effect on the irrigation purpose of the Klamath Project for purposes of this paragraph. (b) Water rights adjudication For purposes of the determination of water rights in Oregon’s Klamath Basin adjudication, until the date on which the Appendix E–1 to the Restoration Agreement is filed in Oregon’s Klamath Basin adjudication pursuant to the Restoration Agreement, the purposes of the Klamath Project shall be the purposes in effect on the day before the date of enactment of this Act. (c) Disposition of net revenues from leasing of tule lake and lower klamath national wildlife refuge land Notwithstanding any other provision of law, net revenues from the leasing of refuge land within the Tule Lake National Wildlife Refuge and Lower Klamath National Wildlife Refuge under section 4 of Public Law 88–567 Kuchel Act (1) 10 percent of net revenues from land within the Tule Lake National Wildlife Refuge that are within the boundaries of Tulelake Irrigation District to Tulelake Irrigation District, as provided in article 4 of Contract No. 14–06–200–5954 and section 2(a) of the Act of August 1, 1956 (70 Stat. 799, chapter 828). (2) Such amounts as are necessary to counties as payments in lieu of taxes as provided in section 3 of Public Law 88–567 16 U.S.C. 695m (3) 20 percent of net revenues to the Klamath Basin National Wildlife Refuge Complex of the United States Fish and Wildlife Service, for wildlife management purposes on the Tule Lake National Wildlife Refuge and the Lower Klamath National Wildlife Refuge. (4) 10 percent of net revenues from land within the Lower Klamath National Wildlife Refuge that are within the boundaries of the Klamath Drainage District to Klamath Drainage District, for operation and maintenance responsibility for the Federal reclamation water delivery and drainage facilities within the boundaries of the Klamath Drainage District and the Lower Klamath National Wildlife Refuge exclusive of the Klamath Straits Drain, subject to a transfer agreement with the Bureau of Reclamation under which the Klamath Drainage District assumes the operation and maintenance duties of the Bureau of Reclamation for Klamath Drainage District (Area K) lease land exclusive of Klamath Straits Drain. (5) The remainder of net revenues to the Bureau of Reclamation for— (A) operation and maintenance costs of Link River and Keno Dams incurred by the United States; and (B) to the extent that the revenues received under this paragraph for any year exceed the costs described in subparagraph (A)— (i) future capital costs of the Klamath Project; or (ii) the Renewable Power Program described in section 17.7 of the Restoration Agreement, pursuant to an expenditure plan submitted to and approved by the Secretary. 5. Tribal commitments; release of claims (a) Actions by klamath tribes (1) Restoration agreement commitments acknowledged and agreed to In consideration for the resolution of any contest or exception of the Klamath Project Water Users to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon’s Klamath Basin adjudication), and for the other commitments of the Klamath Project Water Users described in the Restoration Agreement, and for other benefits described in the Restoration Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Restoration Agreement. (2) Upper basin agreement commitments acknowledged and agreed to In consideration for the resolution of any contest or exception of the Off-Project Irrigators to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon’s Klamath Basin adjudication), and for the other commitments of the Off-Project Irrigators described in the upper Basin Agreement, and for other benefits described in the Upper Basin Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Upper Basin Agreement. (3) No further action required Except as provided in subsection (c), the commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Klamath Tribes. (4) Additional commitments The Klamath Tribes (on behalf of the tribe and the members of the tribe) may make additional commitments and assurances in exchange for the resolution of its claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments and assurances shall be— (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the tribe and the members of the tribe in Oregon’s Klamath Basin adjudication) pursuant to subsection (f). (b) Actions by karuk tribe and yurok tribe (1) Commitments acknowledged and agreed to In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement, and other benefits described in the Restoration Agreement and this Act, the Karuk Tribe and the Yurok Tribe (on behalf of the tribe and the members of the tribe) may make the commitments provided in the Restoration Agreement. (2) No further action required Except as provided in subsection (c), the commitments described in paragraph (1) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Yurok Tribe or Karuk Tribe. (c) Release of claims by party tribes (1) In general Subject to paragraph (2), subsection (d), and the Agreements, but without otherwise affecting any right secured by a treaty, Executive order, or other law, the Party tribes (on behalf of the tribes and the members of the tribes) may relinquish and release certain claims against the United States (including any Federal agencies and employees) described in sections 15.3.5.A, 15.3.6.B.i, and 15.3.7.B.i of the Restoration Agreement and, in the case of the Klamath Tribes, section 2.5 of the Upper Basin Agreement. (2) Conditions The relinquishments and releases under paragraph (1) shall not take force or effect until the terms described in sections 15.3.5.C, 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 33.2.1 of the Restoration Agreement and sections 2.4 and 10 of the Upper Basin Agreement have been fulfilled. (d) Retention of rights of party tribes Notwithstanding subsections (a) through (c) or any other provision of this Act, the Party tribes (on behalf of the tribes and the members of the tribes) and the United States (acting as trustee for the Party tribes), shall retain— (1) all claims and rights described in sections 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restoration Agreement; and (2) any other claims and rights retained by the Party Tribes in negotiations pursuant to section 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Restoration Agreement. (e) Tolling of claims (1) In general Subject to paragraph (2), the period of limitation and time-based equitable defense relating to a claim described in subsection (c) shall be tolled during the period— (A) beginning on the date of enactment of this Act; and (B) ending on the earlier of— (i) the date on which the Secretary publishes the notice described in sections 15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of the Restoration Agreement; or (ii) December 1, 2030. (2) Effect of tolling Nothing in this subsection— (A) revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act; or (B) precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. (f) Actions of united states as trustee (1) Restoration agreement commitments authorized In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement and for other benefits described in the Restoration Agreement and this Act, the United States, acting as trustee for the federally recognized tribes of the Klamath Basin and the members of such tribes, may make the commitments provided in the Restoration Agreement. (2) Upper basin agreement commitments authorized In consideration for the commitments of the Off-Project Irrigators described in the Upper Basin Agreement and for other benefits described in the Upper Basin Agreement and this Act, the United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes, may make the commitments provided in the Upper Basin Agreement. (3) No further action The commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the United States. (4) Additional commitments The United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes in Oregon’s Klamath Basin Adjudication, may make additional commitments and assurances of rights in exchange for the resolution of the tribal water right claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments or assurances shall be— (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and the members of the tribe in Oregon’s Klamath Basin adjudication) under subsection (a)(3)(B). (g) Judicial review Judicial review of a decision of the Secretary concerning any right or obligation under section 15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 15.3.9 of the Restoration Agreement shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (h) Effect of section Nothing in this section— (1) affects the ability of the United States to take any action— (A) authorized by law to be taken in the sovereign capacity of the United States, including any law relating to health, safety, or the environment, including— (i) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (iii) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (iv) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (v) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (vi) regulations implementing the Acts described in this subparagraph; and (B) as trustee for the benefit of any federally recognized Indian tribe other than an Indian tribe of the Klamath Basin; (C) as trustee for the Party tribes to enforce the Agreements and this Act through such legal and equitable remedies as are available in an appropriate United States court or State court or administrative proceeding, including Oregon’s Klamath Basin adjudication; or (D) as trustee for the federally recognized Indian tribes of the Klamath Basin and the members of the tribes, in accordance with the Agreements and this Act— (i) to acquire water rights after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement); (ii) to use and protect water rights, including water rights acquired after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement), subject to the Agreements; or (iii) to claim a water right or continue to advocate for an existing claim for water rights in an appropriate United States court or State court or administrative proceeding, subject to the Agreements; (2) affects the treaty fishing, hunting, trapping, pasturing, or gathering right of any Indian tribe except to the extent expressly provided in this Act or the Agreements; or (3) affects any right, remedy, privilege, immunity, power, or claim not specifically relinquished and released under, or limited by, this Act or the Agreements. 6. Water and power provisions The Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: 4. Water management and planning activities (a) Definitions In this section: (1) Off-project area The term Off-Project Area (A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and (B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. (2) On-project power user The term On-Project Power User (3) Restoration agreement The term Restoration Agreement Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities Klamath Basin Water Recovery and Economic Restoration Act of 2014 (4) Upper basin agreement The term Upper Basin Agreement Upper Klamath Basin Comprehensive Agreement (b) Action by secretary The Secretary may carry out any activities, including by entering into an agreement or contract or otherwise making financial assistance available— (1) to align water supplies with demand, including activities to reduce water consumption and demand, consistent with the Restoration Agreement or the Upper Basin Agreement; (2) to limit the net costs of power used to manage water (including by arranging for delivery of Federal power, consistent with the Restoration Agreement and the Upper Basin Agreement) for— (A) the Klamath Project (within the meaning of section 2); (B) the On-Project Power Users; (C) irrigators in the Off-Project Area; and (D) the Klamath Basin National Wildlife Refuge Complex; and (3) to restore any ecosystem and otherwise protect fish and wildlife in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with Restoration Agreement and the Upper Basin Agreement. . 7. Klamath tribes tribal resource fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Klamath Tribes Tribal Resource Fund Fund (b) Transfers to fund The Fund shall consist of such amounts as are appropriated to the Fund under subsection (i), which shall be deposited in the Fund not later than 60 days after the amounts are appropriated and any interest under subsection (c) or (d). (c) Management by the secretary Absent an approved tribal investment plan under subsection (d) or an economic development plan under subsection (e), the Secretary shall manage, invest, and distribute all amounts in the Fund in a manner that is consistent with the investment authority of the Secretary under— (1) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (2) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (3) this section. (d) Investment by the klamath tribes (1) Investment plan (A) In general In lieu of the investment provided for in subsection (c), the Klamath Tribes may submit a tribal investment plan to the Secretary, applicable to all or part of the Fund, excluding the amounts described in subsection (e)(4)(A). (B) Approval Not later than 60 days after the date on which a tribal investment plan is submitted under subparagraph (A), the Secretary shall approve such investment plan if the Secretary finds that the plan— (i) is reasonable and sound; (ii) meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (iii) meets the requirements of this section. (C) Disapproval If the Secretary does not approve the tribal investment plan, the Secretary shall set forth in writing the particular reasons for the disapproval. (2) Disbursement If the tribal investment plan is approved by the Secretary, the funds involved shall be disbursed from the Fund to the Klamath Tribes to be invested by the Klamath Tribes in accordance with the approved tribal investment plan, subject to the requirements of this section. (3) Compliance The Secretary may take such steps as the Secretary determines to be necessary to monitor the compliance of a Tribe with an investment plan approved under paragraph (1)(B). (4) Limitation on liability The United States shall not be— (A) responsible for the review, approval, or audit of any individual investment under an approved investment plan; or (B) directly or indirectly liable with respect to any such investment, including any act or omission of the Klamath Tribes in managing or investing amounts in the Fund. (5) Requirements The principal and income derived from tribal investments carried out pursuant to an investment plan approved under subparagraph (B) shall be— (A) subject to the requirements of this section; and (B) expended only in accordance with an economic development plan approved under subsection (e). (e) Economic development plan (1) In general The Klamath Tribes shall submit to the Secretary an economic development plan for the use of the Fund, including the expenditure of any principal or income derived from management under subsection (c) or from tribal investments carried out under subsection (d). (2) Approval Not later than 60 days after the date on which an economic development plan is submitted under paragraph (1), the Secretary shall approve the economic development plan if the Secretary finds that the plan meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) and this section. (3) Use of funds The economic development plan under this subsection shall— (A) require that the Klamath Tribes spend all amounts withdrawn from the Fund in accordance with this section; and (B) include such terms and conditions as are necessary to meet the requirements of this section. (4) Resource acquisition and enhancement plan The economic development plan shall include a resource acquisition and enhancement plan, which shall— (A) require that not less than 1/2 (B) be reasonably related to the protection, acquisition, enhancement, or development of natural resources for the benefit of the Klamath Tribes and members of the Klamath Tribes. (5) Modification Subject to the requirements of this Act and approval by the Secretary, the Klamath Tribes may modify a plan approved under this subsection. (6) Limitation on liability The United States shall not be directly or indirectly liable for any claim or cause of action arising from— (A) the approval of a plan under this paragraph; or (B) the use or expenditure by the Klamath Tribes of any amount in the Fund. (f) Limitation on per capita distributions No amount in the Fund (including any income accruing to the amount) and no revenue from any water use contract may be distributed to any member of the Klamath Tribes on a per capita basis. (g) Limitation on disbursement (1) In general Subject to paragraph (2), amounts in the Fund shall not be available for disbursement under this section until the Klamath Tribes— (A) make the commitments set forth in the Agreements; and (B) are determined by the Secretary to be in substantial compliance with those commitments. (2) Early disbursement Based on the unique history of the loss of reservation land by the Klamath Tribes through termination of Federal recognition and acknowledging that restoration of tribal land is essential to building the tribal economy and achieving self-determination, the Secretary may disburse funds to the Klamath Tribes prior to the satisfaction of the requirements of paragraph (1) on a determination by the Secretary that such funds are available and that early disbursement will support activities designed to increase employment opportunities for members of the Klamath Tribes. (3) Agreements Any such disbursement shall be in accordance with a written agreement between the Secretary and the Klamath Tribes that provides the following: (A) For any disbursement to purchase land that is to be placed in trust pursuant to section 6 of the Klamath Indian Tribe Restoration Act ( 25 U.S.C. 566d (B) For any disbursement to support economic activity and creation of tribal employment opportunities (including any rehabilitation of existing properties to support economic activities), the written agreement shall specify that if assurances made do not become permanent as described in section 15.3.3 of the Restoration Agreement and on publication of a notice by the Secretary pursuant to section 15.3.4.C of the Restoration Agreement or section 10.2 of the Upper Basin Agreement, any amounts disbursed from the Fund shall be repaid to the United States, without interest, in annual installments over a period not to exceed 40 years. (h) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in this section. (i) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and the appropriate authorizing committees of the Senate and the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (j) No third party rights This section does not create or vest rights or benefits for any party other than the Klamath Tribes and the United States. (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each fiscal year, not to exceed a total amount of $40,000,000. 8. Hydroelectric facilities (a) Secretarial determination (1) In general Subject to paragraph (3), in accordance with section 3 of the Hydroelectric Settlement, the Secretary shall— (A) as soon as practicable after the date of enactment of this Act, determine whether to proceed with facilities removal, based on whether facilities removal— (i) would advance restoration of the salmonid fisheries of the Klamath Basin; and (ii) is in the public interest, taking into account potential impacts on affected local communities and federally recognized Indian tribes; and (B) if the Secretary determines under subparagraph (A) to proceed with facilities removal, include in the determination the designation of a dam removal entity, subject to paragraph (6). (2) Basis for secretarial determination to proceed For purposes of making a determination under paragraph (1)(A), the Secretary, in cooperation with the Secretary of Commerce and other appropriate entities, shall— (A) use existing information; (B) conduct any necessary additional studies; (C) comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (D) take such other actions as the Secretary determines to be appropriate to support the determination of the Secretary under paragraph (1). (3) Conditions for secretarial determination to proceed The Secretary may not make or publish the determination under this subsection, unless the conditions specified in section 3.3.4 of the Hydroelectric Settlement have been satisfied. (4) Publication of notice The Secretary shall publish notification of the determination of the Secretary under this subsection in the Federal Register. (5) Judicial review of secretarial determination (A) In general For purposes of judicial review, the determination of the Secretary shall constitute a final agency action with respect to whether or not to proceed with facilities removal. (B) Petition for review (i) Filing (I) In general Judicial review of the determination of the Secretary and related actions to comply with environmental laws (including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (II) Jurisdiction A petition for review under this paragraph may be filed only in the United States Court of Appeals for the District of Columbia Circuit or in the Ninth Circuit Court of Appeals. (III) Limitation A district court of the United States and a State court shall not have jurisdiction to review the determination of the Secretary or related actions to comply with environmental laws described in subclause (I). (ii) Deadline (I) In general Except as provided in subclause (II), any petition for review under this paragraph shall be filed not later than 60 days after the date of publication of the determination of the Secretary in the Federal Register. (II) Subsequent grounds If a petition is based solely on grounds arising after the date that is 60 days after the date of publication of the determination of the Secretary in the Federal Register, the petition for review under this subsection shall be filed not later than 60 days after the grounds arise. (C) Implementation Any action of the Secretary with respect to which review could have been obtained under this paragraph shall not be subject to judicial review in any action relating to the implementation of the determination of the Secretary or in proceedings for enforcement of the Hydroelectric Settlement. (D) Applicable standard and scope Judicial review of the determination of the Secretary shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (E) Nontolling The filing of a petition for reconsideration by the Secretary of an action subject to review under this subsection shall not— (i) affect the finality of the action for purposes of judicial review; (ii) extend the time within which a petition for judicial review under this subsection may be filed; or (iii) postpone the effectiveness of the action. (6) Requirements for dam removal entity A dam removal entity designated by the Secretary under paragraph (1)(B) shall— (A) have the capabilities for facilities removal described in section 7.1.1 of the Hydroelectric Settlement; and (B) be the Department of the Interior, except that the Secretary, consistent with section 3.3.4.E of the Hydroelectric Settlement, may designate a non-Federal dam removal entity if— (i) the Secretary, in the sole judgment and discretion of the Secretary, finds that the dam removal entity-designate— (I) is qualified; and (II) has the capabilities described in subparagraph (A); (ii) the States of California and Oregon have concurred in the finding under clause (i); and (iii) the dam removal entity-designate has committed, if so designated, to perform facilities removal within the State Cost Cap as described in section 4.1.3 of the Hydroelectric Settlement. (7) Responsibilities of dam removal entity The dam removal entity designated by the Secretary under paragraph (1)(B) shall have the responsibilities described in section 7.1.2 of the Hydroelectric Settlement. (b) Facilities removal (1) Applicability This subsection shall apply if— (A) the determination of the Secretary under subsection (a) provides for proceeding with facilities removal; (B) the State of California and the State of Oregon concur in the determination of the Secretary, in accordance with section 3.3.5 of the Hydroelectric Settlement; (C) the availability of non-Federal funds for the purposes of facilities removal is consistent with the Hydroelectric Settlement; and (D) the Hydroelectric Settlement has not terminated in accordance with section 8.11 of the Hydroelectric Settlement. (2) Non-federal funds (A) In general Notwithstanding title 31, United States Code, if the Department of the Interior is designated as the dam removal entity under subsection (a)(1)(B), the Secretary may accept, manage, and expend, without further appropriation, non-Federal funds for the purpose of facilities removal in accordance with sections 4 and 7 of the Hydroelectric Settlement. (B) Refund The Secretary may administer and refund any amounts described in subparagraph (A) received from the State of California in accordance with the requirements established by the State. (3) Agreements The dam removal entity may enter into agreements and contracts as necessary to assist in the implementation of the Hydroelectric Settlement. (4) Proceeding with facilities removal (A) In general The dam removal entity shall, consistent with the Hydroelectric Settlement— (i) develop a definite plan for facilities removal as described in section 7 of the Hydroelectric Settlement, including a schedule for facilities removal; (ii) obtain all permits, authorizations, entitlements, certifications, and other approvals necessary to implement facilities removal, including a permit under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (iii) implement facilities removal. (B) State and local laws (i) In general Except as provided in clause (ii), facilities removal shall be subject to applicable requirements of State and local laws relating to permits and other authorizations, to the extent the requirements are not in conflict with Federal law, including the determination of the Secretary under subsection (a) and the definite plan (including the schedule) for facilities removal authorized under this Act. (ii) Limitations Clause (i) shall not affect— (I) the authorities of the States regarding concurrence with the determination of the Secretary under subsection (a) in accordance with State law; or (II) the authority of a State public utility commission regarding funding of facilities removal. (iii) Jurisdiction The United States district courts shall have original jurisdiction over all claims regarding the consistency of State and local laws regarding permits and other authorizations, and of State and local actions pursuant to those laws, with the definite plan (including the schedule) for facilities removal authorized under this Act. (C) Acceptance of title to facilities (i) In general The dam removal entity may accept from PacifiCorp all rights, titles, permits, and other interests in the facilities and associated land, for facilities removal and for disposition of facility land (as provided in section 7.6.4 of the Hydroelectric Settlement) on providing to PacifiCorp a notice that the dam removal entity is ready to commence facilities removal in accordance with section 7.4.1 of the Hydroelectric Settlement. (ii) Non-federal dam removal entity Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 (D) Continued power generation (i) In general In accordance with an agreement negotiated under clause (ii), on transfer of title pursuant to subparagraph (C) and until the dam removal entity instructs PacifiCorp to cease the generation of power, PacifiCorp may continue, consistent with State law— (I) to generate, and retain title to, any power generated by the facilities in accordance with section 7 of the Hydroelectric Settlement; and (II) to transmit and use the power for the benefit of the customers of PacifiCorp under the jurisdiction of applicable State public utility commissions and the Commission. (ii) Agreement with dam removal entity As a condition of transfer of title pursuant to subparagraph (C), the dam removal entity shall enter into an agreement with PacifiCorp that provides for continued generation of power in accordance with clause (i). (5) Licenses and jurisdiction (A) Annual licenses (i) In general The Commission shall issue annual licenses authorizing PacifiCorp to continue to operate the facilities until PacifiCorp transfers title to all of the facilities. (ii) Termination The annual licenses shall terminate with respect to a facility on transfer of title for the facility from PacifiCorp to the dam removal entity. (iii) Staged removal (I) In general On transfer of title of any facility by PacifiCorp to the dam removal entity, annual license conditions shall no longer be in effect with respect to the facility. (II) Nontransfer of title Annual license conditions shall remain in effect with respect to any facility for which PacifiCorp has not transferred title to the dam removal entity to the extent compliance with the annual license conditions are not prevented by the removal of any other facility. (B) Jurisdiction The jurisdiction of the Commission under part I of the Federal Power Act ( 16 U.S.C. 792 et seq. (C) Relicensing (i) In general The Commission shall— (I) stay the proceeding of the Commission regarding the pending license application of PacifiCorp for Project No. 2082 for the period during which the Hydroelectric Settlement remains in effect; and (II) resume the proceeding and proceed to take final action on the new license application only if the Hydroelectric Settlement terminates pursuant to section 8.11 of the Hydroelectric Settlement. (D) Termination; limitations If the Hydroelectric Settlement is terminated pursuant to section 8.11 of the Hydroelectric Settlement, the Commission, in proceedings on the application for relicensing, shall not be bound by the record or findings of the Secretary relating to the determination of the Secretary or by the determination of the Secretary. (c) Liability protection (1) In general Notwithstanding any other Federal, State, local, or common law, PacifiCorp shall not be liable for any harm to an individual or entity, property, or the environment, or any damages resulting from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (2) Funding Notwithstanding any other Federal, State, local, or common law, no individual or entity contributing funds for facilities removal shall be held liable, solely by virtue of that funding, for any harm to an individual or entity, property, or the environment, or damages arising from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (3) Preemption Notwithstanding section 10(c) of the Federal Power Act ( 16 U.S.C. 803(c) (4) Effective date Liability protection under this subsection shall take effect as the protection relates to any particular facilities on transfer of title to the facility from PacifiCorp to the dam removal entity designated by the Secretary under subsection (a)(1)(B). (d) Facilities not removed (1) Keno facility (A) Transfer On notice that the dam removal entity is ready to commence removal of the J.C. Boyle Dam, the Secretary shall accept the transfer of title to the Keno Facility to the United States in accordance with section 7.5 of the Hydroelectric Settlement. (B) Effect of transfer On the transfer under subparagraph (A), and without further action by Congress— (i) the Keno Facility shall— (I) become part of the Klamath Reclamation Project; and (II) be operated and maintained in accordance with the Federal reclamation laws and this Act; and (ii) the jurisdiction of the Commission over the Keno Facility shall terminate. (2) East side and west side developments On filing by PacifiCorp of an application for surrender of the East Side and West Side Developments in Project No. 2082, the Commission shall issue an order approving partial surrender of the license for Project No. 2082, including any reasonable and appropriate conditions, as provided in section 6.4.1 of the Hydroelectric Settlement. (3) Fall creek Not later than 60 days after the date of the transfer of title to the Iron Gate Facility to the dam removal entity, the Commission shall resume timely consideration of the pending licensing application for the Fall Creek development pursuant to the Federal Power Act ( 16 U.S.C. 791a et seq. (4) Iron gate hatchery Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 (A) the time of transfer to the dam removal entity of title to the Iron Gate Dam; or (B) such other time as may be agreed to by the parties to the Hydroelectric Settlement. 9. Administration and funding (a) Agreements (1) In general The Secretaries may enter into such agreements (including contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements) with State, tribal, and local government agencies or private individuals and entities as the Secretary concerned consider to be necessary to carry out this Act and the Settlements, subject to such terms and conditions as the Secretary concerned considers to be necessary. (2) Tribal programs Consistent with paragraph (1) and section 32 of the Restoration Agreement, the Secretaries shall give priority to qualified Party tribes in awarding grants, contracts, or other agreements for purposes of implementing the fisheries programs described in part III of the Restoration Agreement. (b) Establishment of accounts There are established in the Treasury for the deposit of appropriations and other funds (including non-Federal donated funds) the following noninterest-bearing accounts: (1) The On-Project Plan and Power for Water Management Fund, to be administered by the Bureau of Reclamation. (2) The Water Use Retirement and Off-Project Reliance Fund, to be administered by the United States Fish and Wildlife Service. (3) The Klamath Drought Fund, to be administered by the National Fish and Wildlife Foundation. (c) Management (1) In general The accounts established by subsection (b) shall be managed in accordance with this Act and section 14.3 of the Restoration Agreement. (2) Transfers Notwithstanding section 1535 (d) Acceptance and expenditure of non-Federal funds (1) In general Notwithstanding title 31, United States Code, the Secretaries may accept and expend, without further appropriation, non-Federal funds, in-kind services, or property for purposes of implementing the Settlement. (2) Use The funds and property described in paragraph (1) may be expended or used, as applicable, only for the purpose for which the funds or property were provided. (e) Funds available until expended All funds made available for the implementation of the Settlements shall remain available until expended. (f) Termination of agreements If any Agreement terminates— (1) any appropriated Federal funds provided to a party that are unexpended at the time of the termination of the Agreement shall be returned to the general fund of the Treasury; and (2) any appropriated Federal funds provided to a party shall be treated as an offset against any claim for damages by the party arising under the Agreement. (g) Budget (1) In general The budget of the President shall include such requests as the President considers to be necessary for the level of funding for each of the Federal agencies to carry out the responsibilities of the agencies under the Settlements. (2) Crosscut budget Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Director of the Office of Management and Budget shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report containing— (A) an interagency budget crosscut report that displays the budget proposed for each of the Federal agencies to carry out the Settlements for the upcoming fiscal year, separately showing funding requested under preexisting authorities and new authorities provided by this Act; (B) a detailed accounting of all funds received and obligated by all Federal agencies responsible for implementing the Settlements; and (C) a budget for proposed actions to be carried out in the upcoming fiscal year by the applicable Federal agencies in the upcoming fiscal year. (h) Report to congress Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Secretaries shall submit to the appropriate authorizing committees of the Senate and the House of Representatives a report that describes— (1) the status of implementation of all of the Settlements; (2) expenditures during the preceding fiscal year for implementation of all of the Settlements; (3) the current schedule and funding levels that are needed to complete implementation of each of the Settlements; (4) achievements in advancing the purposes of complying with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under the Settlements; (5) additional achievements in restoring fisheries under the Settlements; (6) the status of water deliveries for the preceding water year and projections for the upcoming water year for— (A) the Klamath Project and irrigators in the Off-Project Area pursuant to the Agreements; and (B) the National Wildlife Refuges in areas covered by the Agreements; (7) the status of achieving the goals of supporting sustainable agriculture production (including the goal of limiting net power costs for water management) and general economic development in the Klamath Basin; (8) the status of achieving the goal of supporting the economic development of the Party tribes; and (9) the assessment of the Secretaries of the progress being made toward completing implementation of all of the Settlements. 1. Short title This Act may be cited as the Klamath Basin Water Recovery and Economic Restoration Act of 2014 2. Definitions In this Act: (1) Agreement The term Agreement (A) the Restoration Agreement; and (B) the Upper Basin Agreement. (2) Commission The term Commission (3) Facilities removal The term facilities removal (A) physical removal of all or part of each facility to achieve, at a minimum, a free-flowing condition and volitional fish passage; (B) site remediation and restoration, including restoration of previously inundated land; (C) measures to avoid or minimize adverse downstream impacts; and (D) all associated permitting for the actions described in this paragraph. (4) Facility The term facility (A) Iron Gate Dam. (B) Copco No. 1 Dam. (C) Copco No. 2 Dam. (D) J.C. Boyle Dam. (5) Governors The term Governors (A) the Governor of the State of Oregon; and (B) the Governor of the State of California. (6) Hydroelectric settlement The term Hydroelectric Settlement Klamath Hydroelectric Settlement Agreement (7) Joint management entity The term Joint Management Entity (A) is comprised of the Landowner Entity, the Klamath Tribes, the United States, and the State of Oregon; (B) represents the interests of the parties to the Upper Basin Agreement; and (C) is responsible for overseeing implementation of the Upper Basin Agreement, as described in section 7 of the Upper Basin Agreement. (8) Joint management entity technical team The term Joint Management Entity Technical Team (9) Keno facility The term Keno Facility (10) Klamath basin (A) In general The term Klamath Basin (B) Inclusions The term Klamath Basin (11) Klamath project (A) In general The term Klamath Project (B) Inclusions The term Klamath Project (12) Klamath project water users The term Klamath Project Water Users (13) Landowner entity The term Landowner Entity (14) Off-project area The term Off-Project Area (A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including the Wood River, Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and (B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. (15) Off-project irrigator The term Off-Project Irrigator (A) (i) a claimant for water rights for irrigation uses in the Off-Project Area in Oregon’s Klamath Basin Adjudication; or (ii) a holder of a State of Oregon water right permit or certificate for irrigation use in the Off-Project Area; and (B) a Party to the Upper Basin Agreement. (16) Oregon’s klamath basin adjudication The term Oregon’s Klamath Basin adjudication In the matter of the determination of the relative rights of the waters of the Klamath River, a tributary of the Pacific Ocean (17) Pacificorp The term PacifiCorp (18) Party tribes The term Party tribes (A) the Yurok Tribe; (B) the Karuk Tribe; (C) the Klamath Tribes; and (D) such other federally recognized tribes of the Klamath Basin as may become party to the Restoration Agreement after the date of enactment of this Act. (19) Restoration agreement The term Restoration Agreement Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (20) Riparian program The term Riparian Program (21) Secretary The term Secretary (22) Secretaries The term Secretaries (A) the Secretary of the Interior; (B) the Secretary of Commerce; and (C) the Secretary of Agriculture. (23) Settlements The term Settlements (A) the Hydroelectric Settlement; (B) the Restoration Agreement; and (C) the Upper Basin Agreement. (24) Upper basin agreement The term Upper Basin Agreement Upper Klamath Basin Comprehensive Agreement (25) Water use program The term Water Use Program 3. Authorization, execution, and implementation of settlements (a) Ratification of settlements (1) In general Except as modified by this Act, and to the extent that the Settlements do not conflict with this Act, the Settlements are authorized, ratified, and confirmed. (2) Amendments consistent with this act If any amendment is executed to make any of the Settlements consistent with this Act, the amendment is also authorized, ratified, and confirmed to the extent the amendment is consistent with this Act. (3) Further amendments If any amendment to any of the Settlements is executed by the parties to the applicable Settlement after the date of enactment of this Act, unless the Secretary, the Secretary of Commerce, or Secretary of Agriculture determines, not later than 90 days after the date on which the non-Federal parties agree to the amendment, that the amendment is inconsistent with this Act or other provisions of law, the amendment is also authorized, ratified, and confirmed to the extent the amendment— (A) is not inconsistent with this Act or other provisions of law; (B) is executed in a manner consistent with the terms of the applicable Settlement; and (C) does not require congressional approval pursuant to section 2116 of the Revised Statutes (25 U.S.C. 177) or other applicable Federal law. (b) Execution and implementation of settlements (1) The agreements (A) In general As authorized, ratified, and confirmed pursuant to subsection (a)— (i) the Secretary, the Secretary of Commerce, and the Secretary of Agriculture shall promptly execute and implement the Restoration Agreement; and (ii) the Secretary and the Secretary of Commerce shall promptly execute and implement the Upper Basin Agreement. (B) Effect of executing agreements Notwithstanding subsection (l), execution by the applicable Secretaries under subparagraph (A) of either Agreement shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) Participation in the upper basin agreement As provided for in the Upper Basin Agreement and as part of implementing the Upper Basin Agreement, the Secretary and the Secretary of Commerce may— (i) participate in the Water Use Program and in the Riparian Program; and (ii) serve as members of the Joint Management Entity representing the Bureau of Indian Affairs, the United States Fish and Wildlife Service, the United States Geological Survey, and the National Marine Fisheries Service of the Department of Commerce, with the Secretary serving as the voting member, as described in section 7.1.5 of the Upper Basin Agreement. (2) Hydroelectric settlement To the extent that the Hydroelectric Settlement does not conflict with this Act, the Secretary, the Secretary of Commerce, and the Commission shall implement the Hydroelectric Settlement, in consultation with other applicable Federal agencies. (c) Federal responsibilities To the extent consistent with the Settlements, this Act, and other provisions of law, the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission shall perform all actions necessary to carry out each responsibility of the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission, respectively, under the Settlements. (d) Environmental compliance In implementing the Settlements, the Secretaries and the Commission shall comply with— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) all other applicable law. (e) Publication of notice; effect of publication (1) Restoration agreement (A) Publication The Secretary shall publish the notice required by section 15.3.4.A or section 15.3.4.C of the Restoration Agreement, as applicable, in accordance with the Restoration Agreement. (B) Effect of publication Publication of the notice described in subparagraph (A) shall have the effects on the commitments, rights, and obligations of the Party tribes, the United States (as trustee for the federally recognized tribes of the Klamath Basin), and other parties to the Restoration Agreement provided for in the Restoration Agreement. (2) Upper basin agreement (A) Publication The Secretary shall publish the notice required by section 10.1 of the Upper Basin Agreement if all requirements of section 10 of the Upper Basin Agreement have been fulfilled, including the requirement for notice by the Klamath Tribes of the willingness of the Tribes to proceed with the Upper Basin Agreement following enactment of authorizing legislation as described in section 10.1.10 or 10.2 of the Upper Basin Agreement, as applicable, in accordance with the Upper Basin Agreement. (B) Effect of publication (i) Permanency On publication of the notice required under section 10.1 of the Upper Basin Agreement, the Upper Basin Agreement shall become permanent. (ii) Termination On publication of the notice required under section 10.2 of the Upper Basin Agreement, the Upper Basin Agreement shall terminate, according to the terms of that section. (3) Judicial review (A) In general Judicial review of a decision of the Secretary pursuant to this subsection shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (B) Deadline Any petition for review under this subparagraph shall be filed not later than 1 year after the date of publication of the notice required under this paragraph. (f) Eligibility for funds protected Notwithstanding any other provision of law, nothing in this Act or the implementation of the Settlements, other than as explicitly provided for in this Act or the Settlements— (1) restricts or alters the eligibility of any party to any of the Settlements, or of any Indian tribe, for the receipt of funds; or (2) shall be considered an offset against any obligations or funds in existence on the date of enactment of this Act, under any Federal or State law. (g) Tribal rights protected Nothing in this Act or the Settlements— (1) affects the rights of any Indian tribe outside the Klamath Basin; or (2) amends, alters, or limits the authority of the Indian tribes of the Klamath Basin to exercise any water rights the Indian tribes hold or may be determined to hold except as expressly provided in the Agreements. (h) Water rights (1) In general Except as specifically provided in this Act and the Settlements, nothing in this Act or the Settlements creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this Act. (2) No standard for quantification Nothing in this Act or the Settlements establishes any standard for the quantification of Federal reserved water rights or any water claims of any Indian tribe in any judicial or administrative proceeding. (i) Willing sellers Any acquisition of interests in land or water pursuant to either Agreement shall be from willing sellers. (j) No private right of action (1) In general Nothing in this Act confers on any person or entity not a party to the Settlements a private right of action or claim for relief to interpret or enforce this Act or the Settlements. (2) Other law This subsection does not alter or curtail any right of action or claim for relief under any other applicable law. (k) State courts Nothing in this Act expands the jurisdiction of State courts to review Federal agency actions or determine Federal rights. (l) Relationship to certain other federal law (1) In general Nothing in this Act amends, supersedes, modifies, or otherwise affects— (A) Public Law 88–567 ( 16 U.S.C. 695k et seq. (B) the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. (C) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (D) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (E) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (F) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (G) the Treaty between the United States and the Klamath and Moadoc Tribes and the Yahooskin Band of Snake Indians dated October 14, 1864 (16 Stat. 707); or (H) the Klamath Indian Tribe Restoration Act ( 25 U.S.C. 566 et seq. (2) Consistency The Agreements shall be considered consistent with subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 (3) Federal advisory committee act The actions of the Joint Management Entity and the Joint Management Entity Technical Team shall not be subject to the Federal Advisory Committee Act (m) Waiver of sovereign immunity by the United States Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriations Act, 1953 ( 43 U.S.C. 666 (n) Waiver of sovereign immunity by the party tribes Nothing in this Act waives or abrogates the sovereign immunity of the Party tribes. 4. Klamath project authorized purposes (a) Klamath project purposes (1) In general Subject to paragraph (2) and subsection (b), the purposes of the Klamath Project include— (A) irrigation; (B) reclamation; (C) flood control; (D) municipal; (E) industrial; (F) power; (G) fish and wildlife purposes; and (H) National Wildlife Refuge purposes. (2) Effect of fish and wildlife purposes (A) In general Subject to subparagraph (B), the fish and wildlife and National Wildlife Refuge purposes of the Klamath Project authorized under paragraph (1) shall not adversely affect the irrigation purpose of the Klamath Project. (B) Water allocations and delivery Notwithstanding subparagraph (A), the water allocations and delivery to the National Wildlife Refuges provided for in the Restoration Agreement shall not constitute an adverse effect on the irrigation purpose of the Klamath Project for purposes of this paragraph. (b) Water rights adjudication For purposes of the determination of water rights in Oregon’s Klamath Basin adjudication, until the date on which the Appendix E-1 to the Restoration Agreement is filed in Oregon’s Klamath Basin adjudication pursuant to the Restoration Agreement, the purposes of the Klamath Project shall be the purposes in effect on the day before the date of enactment of this Act. (c) Disposition of net revenues from leasing of tule lake and lower klamath national wildlife refuge land Net revenues from the leasing of refuge land within the Tule Lake National Wildlife Refuge and Lower Klamath National Wildlife Refuge under section 4 of Public Law 88–567 Kuchel Act (1) Directly, without further appropriation: (A) 10 percent of net revenues from land within the Tule Lake National Wildlife Refuge that are within the boundaries of Tulelake Irrigation District to Tulelake Irrigation District, as provided in article 4 of Contract No. 14–06–200–5954 and section 2(a) of the Act of August 1, 1956 (70 Stat. 799, chapter 828). (B) Such amounts as are necessary to counties as payments in lieu of taxes as provided in section 3 of Public Law 88–567 16 U.S.C. 695m (2) Subject to appropriation and, when so appropriated, notwithstanding any other provision of law: (A) 20 percent of net revenues to the Klamath Basin National Wildlife Refuge Complex of the United States Fish and Wildlife Service, for wildlife management purposes on the Tule Lake National Wildlife Refuge and the Lower Klamath National Wildlife Refuge. (B) 10 percent of net revenues from land within the Lower Klamath National Wildlife Refuge that are within the boundaries of the Klamath Drainage District to Klamath Drainage District, for operation and maintenance responsibility for the Federal reclamation water delivery and drainage facilities within the boundaries of the Klamath Drainage District and the Lower Klamath National Wildlife Refuge exclusive of the Klamath Straits Drain, subject to a transfer agreement with the Bureau of Reclamation under which the Klamath Drainage District assumes the operation and maintenance duties of the Bureau of Reclamation for Klamath Drainage District (Area K) lease land exclusive of Klamath Straits Drain. (C) The remainder of net revenues after application of paragraph (1) and subparagraphs (A) and (B) of this paragraph to the Bureau of Reclamation for— (i) operation and maintenance costs of Link River and Keno Dams incurred by the United States; and (ii) to the extent that the revenues received under this paragraph for any year exceed the costs described in clause (i)— (I) future capital costs of the Klamath Project; or (II) the Renewable Power Program described in section 17.7 of the Restoration Agreement, pursuant to an expenditure plan submitted to and approved by the Secretary. 5. Tribal commitments; release of claims (a) Actions by klamath tribes (1) Restoration agreement commitments acknowledged and agreed to In consideration for the resolution of any contest or exception of the Klamath Project Water Users to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon’s Klamath Basin adjudication), and for the other commitments of the Klamath Project Water Users described in the Restoration Agreement, and for other benefits described in the Restoration Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Restoration Agreement. (2) Upper basin agreement commitments acknowledged and agreed to In consideration for the resolution of any contest or exception of the Off-Project Irrigators to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon’s Klamath Basin adjudication), and for the other commitments of the Off-Project Irrigators described in the upper Basin Agreement, and for other benefits described in the Upper Basin Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Upper Basin Agreement. (3) No further action required Except as provided in subsection (c), the commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Klamath Tribes. (4) Additional commitments The Klamath Tribes (on behalf of the tribe and the members of the tribe) may make additional commitments and assurances in exchange for the resolution of its claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments and assurances shall be— (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the tribe and the members of the tribe in Oregon’s Klamath Basin adjudication) pursuant to subsection (f). (b) Actions by karuk tribe and yurok tribe (1) Commitments acknowledged and agreed to In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement, and other benefits described in the Restoration Agreement and this Act, the Karuk Tribe and the Yurok Tribe (on behalf of the tribe and the members of the tribe) may make the commitments provided in the Restoration Agreement, . (2) No further action required Except as provided in subsection (c), the commitments described in paragraph (1) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Yurok Tribe or Karuk Tribe. (c) Release of claims by party tribes (1) In general Subject to paragraph (2), subsection (d), and the Agreements, but without otherwise affecting any right secured by a treaty, Executive order, or other law, the Party tribes (on behalf of the tribes and the members of the tribes) may relinquish and release certain claims against the United States (including any Federal agencies and employees) described in sections 15.3.5.A, 15.3.6.B.i, and 15.3.7.B.i of the Restoration Agreement and, in the case of the Klamath Tribes, section 2.5 of the Upper Basin Agreement. (2) Conditions The relinquishments and releases under paragraph (1) shall not take force or effect until the terms described in sections 15.3.5.C, 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 33.2.1 of the Restoration Agreement and sections 2.4 and 10 of the Upper Basin Agreement have been fulfilled. (d) Retention of rights of party tribes Notwithstanding subsections (a) through (c) or any other provision of this Act, the Party tribes (on behalf of the tribes and the members of the tribes) and the United States (acting as trustee for the Party tribes), shall retain— (1) all claims and rights described in sections 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restoration Agreement; and (2) any other claims and rights retained by the Party Tribes in negotiations pursuant to section 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Restoration Agreement. (e) Tolling of claims (1) In general Subject to paragraph (2), the period of limitation and time-based equitable defense relating to a claim described in subsection (c) shall be tolled during the period— (A) beginning on the date of enactment of this Act; and (B) ending on the earlier of— (i) the date on which the Secretary publishes the notice described in sections 15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of the Restoration Agreement; or (ii) December 1, 2030. (2) Effect of tolling Nothing in this subsection— (A) revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act; or (B) precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. (f) Actions of united states as trustee (1) Restoration agreement commitments authorized In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement and for other benefits described in the Restoration Agreement and this Act, the United States, acting as trustee for the federally recognized tribes of the Klamath Basin and the members of such tribes, may make the commitments provided in the Restoration Agreement. (2) Upper basin agreement commitments authorized In consideration for the commitments of the Off-Project Irrigators described in the Upper Basin Agreement and for other benefits described in the Upper Basin Agreement and this Act, the United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes, may make the commitments provided in the Upper Basin Agreement. (3) No further action The commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the United States. (4) Additional commitments The United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes in Oregon’s Klamath Basin Adjudication, may make additional commitments and assurances of rights in exchange for the resolution of the tribal water right claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments or assurances shall be— (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and the members of the tribe in Oregon’s Klamath Basin adjudication) under subsection (a)(3)(B). (g) Judicial review Judicial review of a decision of the Secretary concerning any right or obligation under section 15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 15.3.9 of the Restoration Agreement shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (h) Effect of section Nothing in this section— (1) affects the ability of the United States to take any action— (A) authorized by law to be taken in the sovereign capacity of the United States, including any law relating to health, safety, or the environment, including— (i) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (iii) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (iv) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (v) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (vi) regulations implementing the Acts described in this subparagraph; and (B) as trustee for the benefit of any federally recognized Indian tribe other than an Indian tribe of the Klamath Basin; (C) as trustee for the Party tribes to enforce the Agreements and this Act through such legal and equitable remedies as are available in an appropriate United States court or State court or administrative proceeding, including Oregon’s Klamath Basin adjudication; or (D) as trustee for the federally recognized Indian tribes of the Klamath Basin and the members of the tribes, in accordance with the Agreements and this Act— (i) to acquire water rights after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement); (ii) to use and protect water rights, including water rights acquired after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement), subject to the Agreements; or (iii) to claim a water right or continue to advocate for an existing claim for water rights in an appropriate United States court or State court or administrative proceeding, subject to the Agreements; (2) affects the treaty fishing, hunting, trapping, pasturing, or gathering right of any Indian tribe except to the extent expressly provided in this Act or the Agreements; or (3) affects any right, remedy, privilege, immunity, power, or claim not specifically relinquished and released under, or limited by, this Act or the Agreements. 6. Water and power provisions The Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: 4. Water management and planning activities (a) Definitions In this section: (1) Off-project area The term Off-Project Area (A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and (B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. (2) On-project power user The term On-Project Power User (3) Restoration agreement The term Restoration Agreement Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities Klamath Basin Water Recovery and Economic Restoration Act of 2014 (4) Upper basin agreement The term Upper Basin Agreement Upper Klamath Basin Comprehensive Agreement (b) Action by Secretary (1) In general The Secretary may carry out any activities, including by entering into an agreement or contract or otherwise making financial assistance available— (A) to align water supplies with demand, including activities to reduce water consumption and demand, consistent with the Restoration Agreement or the Upper Basin Agreement; (B) to limit the net costs of power used to manage water (including by arranging for delivery of Federal power, consistent with the Restoration Agreement and the Upper Basin Agreement) for— (i) the Klamath Project (within the meaning of section 2); (ii) the On-Project Power Users; (iii) irrigators in the Off-Project Area; and (iv) the Klamath Basin National Wildlife Refuge Complex; and (C) to restore any ecosystem and otherwise protect fish and wildlife in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with Restoration Agreement and the Upper Basin Agreement. (2) Inclusion Purchases of power by the Secretary under paragraph (1)(B) shall be considered an authorized sale under section 5(b)(3) of the Pacific Northwest Electric Power Planning and Conservation Act ( 16 U.S.C. 839c(b)(3) . 7. Klamath Tribes Tribal Resource Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Klamath Tribes Tribal Resource Fund Fund (b) Transfers to fund The Fund shall consist of such amounts as are appropriated to the Fund under subsection (k), which shall be deposited in the Fund not later than 60 days after the amounts are appropriated and any interest under subsection (c) or (d). (c) Management by the secretary Absent an approved tribal investment plan under subsection (d) or an economic development plan under subsection (e), the Secretary shall manage, invest, and distribute all amounts in the Fund in a manner that is consistent with the investment authority of the Secretary under— (1) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (2) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (3) this section. (d) Investment by the klamath tribes (1) Investment plan (A) In general In lieu of the investment provided for in subsection (c), the Klamath Tribes may submit a tribal investment plan to the Secretary, applicable to all or part of the Fund, excluding the amounts described in subsection (e)(4)(A). (B) Approval Not later than 60 days after the date on which a tribal investment plan is submitted under subparagraph (A), the Secretary shall approve such investment plan if the Secretary finds that the plan— (i) is reasonable and sound; (ii) meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (iii) meets the requirements of this section. (C) Disapproval If the Secretary does not approve the tribal investment plan, the Secretary shall set forth in writing the particular reasons for the disapproval. (2) Disbursement If the tribal investment plan is approved by the Secretary, the funds involved shall be disbursed from the Fund to the Klamath Tribes to be invested by the Klamath Tribes in accordance with the approved tribal investment plan, subject to the requirements of this section. (3) Compliance The Secretary may take such steps as the Secretary determines to be necessary to monitor the compliance of a Tribe with an investment plan approved under paragraph (1)(B). (4) Limitation on liability The United States shall not be— (A) responsible for the review, approval, or audit of any individual investment under an approved investment plan; or (B) directly or indirectly liable with respect to any such investment, including any act or omission of the Klamath Tribes in managing or investing amounts in the Fund. (5) Requirements The principal and income derived from tribal investments carried out pursuant to an investment plan approved under subparagraph (B) shall be— (A) subject to the requirements of this section; and (B) expended only in accordance with an economic development plan approved under subsection (e). (e) Economic development plan (1) In general The Klamath Tribes shall submit to the Secretary an economic development plan for the use of the Fund, including the expenditure of any principal or income derived from management under subsection (c) or from tribal investments carried out under subsection (d). (2) Approval Not later than 60 days after the date on which an economic development plan is submitted under paragraph (1), the Secretary shall approve the economic development plan if the Secretary finds that the plan meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) and this section. (3) Use of funds The economic development plan under this subsection shall— (A) require that the Klamath Tribes spend all amounts withdrawn from the Fund in accordance with this section; and (B) include such terms and conditions as are necessary to meet the requirements of this section. (4) Resource acquisition and enhancement plan The economic development plan shall include a resource acquisition and enhancement plan, which shall— (A) require that not less than 1/2 (B) be reasonably related to the protection, acquisition, enhancement, or development of natural resources for the benefit of the Klamath Tribes and members of the Klamath Tribes. (5) Modification Subject to the requirements of this Act and approval by the Secretary, the Klamath Tribes may modify a plan approved under this subsection. (6) Limitation on liability The United States shall not be directly or indirectly liable for any claim or cause of action arising from— (A) the approval of a plan under this paragraph; or (B) the use or expenditure by the Klamath Tribes of any amount in the Fund. (f) Limitation on per capita distributions No amount in the Fund (including any income accruing to the amount) and no revenue from any water use contract may be distributed to any member of the Klamath Tribes on a per capita basis. (g) Limitation on disbursement (1) In general Subject to paragraph (2), amounts in the Fund shall not be available for disbursement under this section until the Klamath Tribes— (A) make the commitments set forth in the Agreements; and (B) are determined by the Secretary to be in substantial compliance with those commitments. (2) Early disbursement Based on the unique history of the loss of reservation land by the Klamath Tribes through termination of Federal recognition and acknowledging that restoration of tribal land is essential to building the tribal economy and achieving self-determination, the Secretary may disburse funds to the Klamath Tribes prior to the satisfaction of the requirements of paragraph (1) on a determination by the Secretary that such funds are available and that early disbursement will support activities designed to increase employment opportunities for members of the Klamath Tribes. (3) Agreements Any such disbursement shall be in accordance with a written agreement between the Secretary and the Klamath Tribes that provides the following: (A) For any disbursement to purchase land that is to be placed in trust pursuant to section 6 of the Klamath Indian Tribe Restoration Act ( 25 U.S.C. 566d (B) For any disbursement to support economic activity and creation of tribal employment opportunities (including any rehabilitation of existing properties to support economic activities), the written agreement shall specify that if assurances made do not become permanent as described in section 15.3.3 of the Restoration Agreement and on publication of a notice by the Secretary pursuant to section 15.3.4.C of the Restoration Agreement or section 10.2 of the Upper Basin Agreement, any amounts disbursed from the Fund shall be repaid to the United States, without interest, in annual installments over a period not to exceed 40 years. (h) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in this section. (i) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and the appropriate authorizing committees of the Senate and the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (j) No third party rights This section does not create or vest rights or benefits for any party other than the Klamath Tribes and the United States. (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each fiscal year, not to exceed a total amount of $40,000,000. 8. Hydroelectric facilities (a) Facilities removal determination (1) In general Subject to paragraph (3), in accordance with section 3 of the Hydroelectric Settlement, the Governors and the Secretary shall jointly— (A) as soon as practicable after the date of enactment of this Act, determine whether to proceed with facilities removal, based on but not limited to factors identified in the Hydroelectric Settlement; and (B) if the Governors and the Secretary determine under subparagraph (A) to proceed with facilities removal, include in the determination the designation of a dam removal entity, subject to paragraph (6). (2) Basis for determination to proceed For purposes of making a determination under paragraph (1)(A), the Governors and the Secretary, in cooperation with the Secretary of Commerce and other appropriate entities, shall— (A) use existing information; (B) conduct any necessary additional studies; (C) comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (D) take such other actions as the Governors and the Secretary determine to be appropriate to support the determination under paragraph (1). (3) Conditions for determination to proceed The Secretary and the Governors may not make or publish the determination under this subsection, unless the conditions specified in section 3.3.4 of the Hydroelectric Settlement, as modified by this Act as applicable, have been satisfied. (4) Publication of notice The Secretary shall publish notification of the determination under this subsection in the Federal Register. (5) Judicial review of determination (A) In general For purposes of judicial review, the determination of the Secretary under paragraph (1) shall constitute a final agency action with respect to whether or not to proceed with facilities removal. (B) Petition for review (i) Filing (I) In general Judicial review of the determination and related actions to comply with environmental laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. 16 U.S.C. 470 et seq. (II) Jurisdiction A petition for review under this paragraph may be filed only in the United States Court of Appeals for the District of Columbia Circuit or in the Ninth Circuit Court of Appeals. (III) Limitation A district court of the United States and a State court shall not have jurisdiction to review the determination of the Secretary or related actions to comply with environmental laws described in subclause (I). (ii) Deadline (I) In general Except as provided in subclause (II), any petition for review under this paragraph shall be filed not later than 60 days after the date of publication of the determination in the Federal Register. (II) Subsequent grounds If a petition is based solely on grounds arising after the date that is 60 days after the date of publication of the determination in the Federal Register, the petition for review under this subsection shall be filed not later than 60 days after the grounds arise. (C) Implementation Any action of the Secretary with respect to which review could have been obtained under this paragraph shall not be subject to judicial review in any action relating to the implementation of the determination of the Secretary or in proceedings for enforcement of the Hydroelectric Settlement. (D) Applicable standard and scope Judicial review of the determination of the Secretary shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (E) Nontolling The filing of a petition for reconsideration by the Secretary of an action subject to review under this subsection shall not— (i) affect the finality of the action for purposes of judicial review; (ii) extend the time within which a petition for judicial review under this subsection may be filed; or (iii) postpone the effectiveness of the action. (6) Requirements for dam removal entity A dam removal entity designated by the Governors and the Secretary under paragraph (1)(B) shall, in the sole judgment of the Governors and the Secretary— (A) have the capabilities for facilities removal described in section 7.1.1 of the Hydroelectric Settlement; (B) be otherwise qualified to perform facilities removal; and (C) have committed, if so designated, to perform facilities removal within the State Cost Cap as described in section 4.1.3 of the Hydroelectric Settlement. (7) Responsibilities of dam removal entity The dam removal entity designated by the Governors and the Secretary under paragraph (1)(B) shall have the responsibilities described in section 7.1.2 of the Hydroelectric Settlement. (b) Facilities removal (1) Applicability This subsection shall apply if— (A) the determination of the Governors and the Secretary under subsection (a) provides for proceeding with facilities removal; (B) the availability of non-Federal funds for the purposes of facilities removal is consistent with the Hydroelectric Settlement; and (C) the Hydroelectric Settlement has not terminated in accordance with section 8.11 of the Hydroelectric Settlement. (2) Non-Federal funds (A) In general Notwithstanding title 31, United States Code, if the Department of the Interior is designated as the dam removal entity under subsection (a)(1)(B), the Secretary may accept, manage, and expend, without further appropriation, non-Federal funds for the purpose of facilities removal in accordance with sections 4 and 7 of the Hydroelectric Settlement. (B) Refund The Secretary may administer and refund any amounts described in subparagraph (A) received from the State of California in accordance with the requirements established by the State. (C) Inclusion The costs of dam removal shall include, within the State Cost Cap described in section 4.1.3 of the Hydroelectric Settlement, reasonable compensation for property owners whose property or property value is directly damaged by facilities removal, consistent with State, local, and Federal law. (3) Agreements The dam removal entity may enter into agreements and contracts as necessary to assist in the implementation of the Hydroelectric Settlement. (4) Proceeding with facilities removal (A) In general The dam removal entity shall, consistent with the Hydroelectric Settlement— (i) develop a definite plan for facilities removal as described in section 7 of the Hydroelectric Settlement, including a schedule for facilities removal; (ii) obtain all permits, authorizations, entitlements, certifications, and other approvals necessary to implement facilities removal, including a permit under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (iii) implement facilities removal. (B) Report (i) In general The Governors and the Secretary shall prepare and make public a report on the determination and plan for facilities removal. (ii) Inclusions The report shall, at a minimum— (I) provide a detailed explanation of the basis for the determination to proceed with facilities removal and for the designation of the dam removal entity, including relevant supporting documents; (II) include any comments received from the Commission on the determination and a written response to the comments; (III) state specific goals intended to be achieved by facilities removal; (IV) include specific performance measures that will be used to show achievements in meeting the goals; (V) provide a detailed explanation of factors that are unique to facilities removal in the Klamath Basin, including why the Federal role is limited to the Klamath Basin and sets no precedent for future Federal action; (VI) describe plans to address any potential costs in excess of the State Cost Cap described in section 4.1.3 of the Hydroelectric Settlement; (VII) describe plans for addressing or mitigating intentional or unintentional impacts on local communities and property owners; and (VIII) describe how any potential environmental or other liability concerns will be addressed. (iii) Submission The report required under this subparagraph shall be submitted to— (I) the Committee on Energy and Natural Resources of the Senate; (II) the Committee on Natural Resources of the House of Representatives; and (III) the Commission. (iv) Comment and consultation by Commission Not later than 180 days before the publication of the report required by this subparagraph, the Governors and the Secretary shall submit to the Commission the section of the report describing the basis of the determination to proceed with dam removal for comment and, as appropriate, consultation. (v) Deadline The report required under this subparagraph shall be made public— (I) not less than 1 year before the date of implementation of facilities removal; and (II) not more than 2 years before the date of implementation of facilities removal. (C) State and local laws (i) In general Except as provided in clause (ii), facilities removal shall be subject to applicable requirements of State and local laws relating to permits and other authorizations, to the extent the requirements are not in conflict with Federal law, including the determination of the Governors and the Secretary under subsection (a) and the definite plan (including the schedule) for facilities removal authorized under this Act. (ii) Limitations Clause (i) shall not affect— (I) the authorities of the States regarding concurrence with the determination of the Secretary under subsection (a) in accordance with State law; or (II) the authority of a State public utility commission regarding funding of facilities removal. (iii) Jurisdiction The United States district courts shall have original jurisdiction over all claims regarding the consistency of State and local laws regarding permits and other authorizations, and of State and local actions pursuant to those laws, with the definite plan (including the schedule) for facilities removal authorized under this Act. (D) Acceptance of title to facilities (i) In general The dam removal entity may accept from PacifiCorp all rights, titles, permits, and other interests in the facilities and associated land, for facilities removal and for disposition of facility land (as provided in section 7.6.4 of the Hydroelectric Settlement) on providing to PacifiCorp a notice that the dam removal entity is ready to commence facilities removal in accordance with section 7.4.1 of the Hydroelectric Settlement. (ii) Non-Federal dam removal entity Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 (E) Continued power generation (i) In general In accordance with an agreement negotiated under clause (ii), on transfer of title pursuant to subparagraph (C) and until the dam removal entity instructs PacifiCorp to cease the generation of power, PacifiCorp may continue, consistent with State law— (I) to generate, and retain title to, any power generated by the facilities in accordance with section 7 of the Hydroelectric Settlement; and (II) to transmit and use the power for the benefit of the customers of PacifiCorp under the jurisdiction of applicable State public utility commissions and the Commission. (ii) Agreement with dam removal entity As a condition of transfer of title pursuant to subparagraph (C), the dam removal entity shall enter into an agreement with PacifiCorp that provides for continued generation of power in accordance with clause (i). (F) Report Not later than 3 years after the date of the completion of facilities removal, the Governors and the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Commission— (i) a detailed report describing the results of facilities removal, including the status of achieving the performance measures and goals included in the report described in subparagraph (B); and (ii) such additional reports as the Committees consider appropriate, to be completed and submitted by the Secretary, in consultation with the Governors. (5) Licenses and jurisdiction (A) Annual licenses (i) In general The Commission shall issue annual licenses authorizing PacifiCorp to continue to operate the facilities until PacifiCorp transfers title to all of the facilities. (ii) Termination The annual licenses shall terminate with respect to a facility on transfer of title for the facility from PacifiCorp to the dam removal entity. (iii) Staged removal (I) In general On transfer of title of any facility by PacifiCorp to the dam removal entity, annual license conditions shall no longer be in effect with respect to the facility. (II) Nontransfer of title Annual license conditions shall remain in effect with respect to any facility for which PacifiCorp has not transferred title to the dam removal entity to the extent compliance with the annual license conditions are not prevented by the removal of any other facility. (B) Jurisdiction The jurisdiction of the Commission under part I of the Federal Power Act ( 16 U.S.C. 792 et seq. (C) Relicensing (i) In general The Commission shall— (I) stay the proceeding of the Commission regarding the pending license application of PacifiCorp for Project No. 2082 for the period during which the Hydroelectric Settlement remains in effect; and (II) resume the proceeding and proceed to take final action on the new license application only if the Hydroelectric Settlement terminates pursuant to section 8.11 of the Hydroelectric Settlement. (D) Termination; limitations If the Hydroelectric Settlement is terminated pursuant to section 8.11 of the Hydroelectric Settlement, the Commission, in proceedings on the application for relicensing, shall not be bound by the record or findings of the Secretary relating to the determination of the Secretary or by the determination of the Secretary. (c) Liability protection (1) In general Notwithstanding any other Federal, State, local, or common law, PacifiCorp shall not be liable for any harm to an individual or entity, property, or the environment, or any damages resulting from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (2) Funding Notwithstanding any other Federal, State, local, or common law, no individual or entity contributing funds for facilities removal shall be held liable, solely by virtue of that funding, for any harm to an individual or entity, property, or the environment, or damages arising from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (3) Preemption Notwithstanding section 10(c) of the Federal Power Act ( 16 U.S.C. 803(c) (4) Effective date Liability protection under this subsection shall take effect as the protection relates to any particular facilities on transfer of title to the facility from PacifiCorp to the dam removal entity designated by the Secretary under subsection (a)(1)(B). (d) Facilities not removed (1) Keno facility (A) Transfer On notice that the dam removal entity is ready to commence removal of the J.C. Boyle Dam, the Secretary shall accept the transfer of title to the Keno Facility to the United States in accordance with section 7.5 of the Hydroelectric Settlement. (B) Effect of transfer On the transfer under subparagraph (A), and without further action by Congress— (i) the Keno Facility shall— (I) become part of the Klamath Reclamation Project; and (II) be operated and maintained in accordance with the Federal reclamation laws and this Act; and (ii) the jurisdiction of the Commission over the Keno Facility shall terminate. (2) East side and west side developments On filing by PacifiCorp of an application for surrender of the East Side and West Side Developments in Project No. 2082, the Commission shall issue an order approving partial surrender of the license for Project No. 2082, including any reasonable and appropriate conditions, as provided in section 6.4.1 of the Hydroelectric Settlement. (3) Fall creek Not later than 60 days after the date of the transfer of title to the Iron Gate Facility to the dam removal entity, the Commission shall resume timely consideration of the pending licensing application for the Fall Creek development pursuant to the Federal Power Act ( 16 U.S.C. 791a et seq. (4) Iron gate hatchery Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 (A) the time of transfer to the dam removal entity of title to the Iron Gate Dam; or (B) such other time as may be agreed to by the parties to the Hydroelectric Settlement. 9. Administration and funding (a) Agreements (1) In general The Secretaries may enter into such agreements (including contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements) with State, tribal, and local government agencies or private individuals and entities as the Secretary concerned consider to be necessary to carry out this Act and the Settlements, subject to such terms and conditions as the Secretary concerned considers to be necessary. (2) Tribal programs Consistent with paragraph (1) and section 32 of the Restoration Agreement, the Secretaries shall give priority to qualified Party tribes in awarding grants, contracts, or other agreements for purposes of implementing the fisheries programs described in part III of the Restoration Agreement. (b) Establishment of accounts There are established in the Treasury for the deposit of appropriations and other funds (including non-Federal donated funds) the following noninterest-bearing accounts: (1) The On-Project Plan and Power for Water Management Fund, to be administered by the Bureau of Reclamation. (2) The Water Use Retirement and Off-Project Reliance Fund, to be administered by the United States Fish and Wildlife Service. (3) The Klamath Drought Fund, to be administered by the National Fish and Wildlife Foundation. (c) Management (1) In general The accounts established by subsection (b) shall be managed in accordance with this Act and section 14.3 of the Restoration Agreement. (2) Transfers Notwithstanding section 1535 (d) Acceptance and expenditure of non-federal funds (1) In general Notwithstanding title 31, United States Code, the Secretaries may accept and expend, without further appropriation, non-Federal funds, in-kind services, or property for purposes of implementing the Settlement. (2) Use The funds and property described in paragraph (1) may be expended or used, as applicable, only for the purpose for which the funds or property were provided. (e) Funds available until expended All funds made available for the implementation of the Settlements shall remain available until expended. (f) Termination of agreements If any Agreement terminates— (1) any appropriated Federal funds provided to a party that are unexpended at the time of the termination of the Agreement shall be returned to the general fund of the Treasury; and (2) any appropriated Federal funds provided to a party shall be treated as an offset against any claim for damages by the party arising under the Agreement. (g) Budget (1) In general The budget of the President shall include such requests as the President considers to be necessary for the level of funding for each of the Federal agencies to carry out the responsibilities of the agencies under the Settlements. (2) Crosscut budget Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Director of the Office of Management and Budget shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report containing— (A) an interagency budget crosscut report that displays the budget proposed for each of the Federal agencies to carry out the Settlements for the upcoming fiscal year, separately showing funding requested under preexisting authorities and new authorities provided by this Act; (B) a detailed accounting of all funds received and obligated by all Federal agencies responsible for implementing the Settlements; and (C) a budget for proposed actions to be carried out in the upcoming fiscal year by the applicable Federal agencies in the upcoming fiscal year. (h) Report to congress Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Secretaries shall submit to the appropriate authorizing committees of the Senate and the House of Representatives a report that describes— (1) the status of implementation of all of the Settlements; (2) expenditures during the preceding fiscal year for implementation of all of the Settlements; (3) the current schedule and funding levels that are needed to complete implementation of each of the Settlements; (4) achievements in advancing the purposes of complying with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under the Settlements; (5) additional achievements in restoring fisheries under the Settlements; (6) the status of water deliveries for the preceding water year and projections for the upcoming water year for— (A) the Klamath Project and irrigators in the Off-Project Area pursuant to the Agreements; and (B) the National Wildlife Refuges in areas covered by the Agreements; (7) the status of achieving the goals of supporting sustainable agriculture production (including the goal of limiting net power costs for water management) and general economic development in the Klamath Basin; (8) the status of achieving the goal of supporting the economic development of the Party tribes; (9) the assessment of the Secretaries of the progress being made toward completing implementation of all of the Settlements; (10) (A) identification of performance measures established for the goals of the Agreements and of facilities removal as described in the report to Congress required under section 8(b)(4)(B); and (B) until achieved, the assessment of the Secretaries of the progress being made toward meeting the performance measures; and (11) the status of plans to address any potential cost in excess of the State cost cap as described in the report to Congress required under section 8(b)(4)(B). December 10, 2014 Reported with an amendment

Klamath Basin Water Recovery and Economic Restoration Act of 2014

Freight Priorities Act - Declares the policy, objectives, and goals of the United States for improving the efficiency, operation, and security of the national freight network by leveraging investments and promoting partnerships that accomplish specified results. Requires metropolitan planning organizations to involve public port authorities in metropolitan freight transportation planning. Authorizes the Secretary of Transportation (DOT) to establish: (1) measures to assess the performance of a multimodal freight network in accordance with the national freight strategic plan, and (2) a pilot program for up to five urbanized areas to develop and deploy one or more pilot measures and targets to improve multimodal freight movement in densely populated and congested urban areas. Directs the Secretary to: (1) establish and support a national cooperative freight transportation research program, and (2) offer to enter into an agreement with the Transportation Research Board of the National Research Council of the National Academies to support and carry out administrative and management activities relating to governance of the research program. Requires the National Academies to select an advisory committee consisting of a representative cross-section of freight stakeholders, which shall recommend a national research agenda for the program.

To amend title 49, United States Code, to improve the national freight policy of the United States, and for other purposes. 1. Short title This Act may be cited as the Freight Priorities Act 2. National freight policy (a) In general Subtitle III of title 49, United States Code, is amended by adding at the end the following: 64 National freight policy 6401. National freight policy; measuring the performance of multimodal freight infrastructure (a) In general It is the policy of the United States to improve the efficiency, operation, and security of the national freight network by leveraging investments and promoting partnerships that— (1) advance interstate and foreign commerce; (2) promote economic competitiveness and job creation; (3) improve the safe and efficient mobility of goods; and (4) protect the public health and the environment. (b) Objectives; goals (1) Objectives The objectives of the national freight policy are— (A) to target investment in freight transportation projects that strengthen the economic competitiveness of the United States with a focus on domestic industries and businesses and the creation of high-value jobs; (B) to promote and advance energy conservation and the environmental sustainability of freight movements; (C) to facilitate and advance the safety and health of the public, including communities adjacent to freight movements; (D) to provide for systematic and balanced investment to improve the overall performance and reliability of the national freight network system to move freight, including ensuring trade facilitation and transportation system improvements are mutually supportive; (E) to promote partnerships between Federal, State, and local governments, the private sector, and other transportation stakeholders to leverage investments in freight transportation projects; and (F) to encourage adoption of operational policies, such as intelligent transportation systems, to improve the efficiency of freight-related transportation movements and infrastructure. (2) Goals The goals of the national freight policy are— (A) to reduce transportation infrastructure-related delays of goods and commodities entering into and out of international points of entry on an annual basis; (B) to increase travel time reliability on major freight corridors that connect major population centers to freight generators and international gateways on an annual basis; (C) to reduce by 10 percent the number of freight transportation-related fatalities by 2018; (D) to reduce national freight transportation-related carbon dioxide levels by 40 percent by 2030; (E) to reduce freight transportation-related air, water, and noise pollution and impacts on ecosystems and communities on an annual basis; and (F) to promote the inclusion of ports in freight network planning and project selection. . (b) Conforming amendment The analysis for subtitle III of title 49, United States Code, is amended by adding at the end the following: Chapter 64—National freight policy Sec. 6401. National freight policy; measuring the performance of multimodal freight infrastructure. . 3. Participation of public port authorities (a) Policies and purposes Section 5301(b) (1) in paragraph (7), by striking ; and (2) in paragraph (8), by striking the period at the end and inserting ; and (3) by adding at the end the following: (9) ensure that public port authorities are included in metropolitan freight transportation planning. . (b) Metropolitan transportation planning Section 5303(i)(6)(A) public ports, freight shippers, (c) Nonmetropolitan transportation planning Section 5304(g)(3) public ports, freight shippers, 4. Multimodal freight network (a) In general Subtitle III of title 49, United States Code (as amended by section 2), is amended by adding at the following: 65 Multimodal freight network 6501. Definitions In this chapter: (1) Metropolitan planning organization The term metropolitan planning organization section 134(b) (2) Secretary The term Secretary (3) Selected entity The term selected entity (4) Urbanized area The term urbanized area section 134(b) 6502. Multimodal freight network (a) Establishment of performance measures The Secretary may, in accordance with the national freight strategic plan developed under section 167(f) of title 23, establish measures to assess the performance of a multimodal freight network. (b) Multimodal freight performance pilot program (1) Establishment The Secretary shall establish a pilot program under which not more than 5 urbanized areas shall develop and deploy 1 or more pilot measures and targets to improve multimodal freight movement in densely populated and congested urban areas. (2) Locations The Secretary shall select not more than 5 locations, each of which represents an urbanized area of more than 1,000,000 individuals for the pilot program. (3) Selection The Secretary shall select entities or a combination of entities to carry out this subsection, which may include— (A) metropolitan planning organizations; (B) State departments of transportation; (C) multistate planning commissions; (D) freight advisory committees; and (E) other appropriate entities. (4) Entity designations Of the selected entities, the Secretary shall designate— (A) an entity that has previous successful use of freight performance measures and performance-based planning efforts as a mentor grantee; and (B) an entity that has limited or no successful previous experience in freight performance measures and performance-based planning efforts as a novice grantee. (5) Pilot program activities (A) Multimodal freight infrastructure performance baseline Not later than 180 days after the date on which the Secretary selects a pilot program location, the applicable selected entity shall develop a baseline of freight transportation assets within the urbanized area that describes— (i) the condition of key highway, rail, seaport, airport, barge, and intermodal facilities that handle freight; (ii) bottlenecks in the freight system that cause delays and unreliability in freight movements; (iii) the speed, reliability, and costs of moving goods through the metropolitan area; (iv) the degree to which transport of freight affects surrounding communities, including public health and air quality; and (v) the degree to which the intermodal freight network provides economic opportunities to local communities, including jobs at ports and other intermodal freight facilities. (B) Performance indicators The Secretary shall work with selected entities at pilot locations to implement 1 or more provisional indicators to measure improvements against the freight infrastructure performance baseline developed under subparagraph (A). (C) Data collection and reporting The selected entities shall collect and report baseline and annual performance data. (D) Knowledge-sharing A selected entity designated as a mentor grantee shall engage in knowledge-sharing activities with novice grantees to the maximum extent practicable, which may include peer exchanges and technical assistance, as appropriate to the level of performance measurement capacity. (c) National performance measure development activities (1) In general The Secretary— (A) shall evaluate the multimodal freight performance measures developed by selected entities in pilot locations; and (B) in accordance with the national freight strategic plan developed under section 167(f) of title 23, may establish performance measures to assess the efficiency of the multimodal freight network. (2) Multimodal freight movement final report (A) In general At the end of the pilot program under this section, the Secretary shall prepare (including seeking public comment on) a final report describing the results of the pilot program that includes— (i) recommendations on— (I) the establishment of 1 or more national multimodal freight infrastructure performance measures; and (II) the integration of the measures into the Federal transportation performance management framework; (ii) a description of actions taken under the pilot program to measure and improve multimodal freight infrastructure performance; and (iii) an assessment of— (I) outcomes and impacts that may result from the pilot measures; (II) estimated savings and new tax revenues to Federal, State and local governments from improved freight system performance. (B) Publication The Secretary shall publish in the Federal Register the report required under subparagraph (A). (3) Performance measures and standards Not later than 2 years after the date of the publication of the final report required under paragraph (2), the Secretary (in consultation with State Departments of Transportation, metropolitan planning organizations, and other stakeholders) may promulgate a rule that establishes performance measures and standards for multimodal freight. . (b) Conforming amendments (1) The analysis for subtitle III of title 49, United States Code (as amended by section 2), Chapter 65—Multimodal freight network 6501. Definitions. 6502. Multimodal freight network. . (2) Section 167 (3) Section 505(a)(3) 149, and 167 and 149, and section 6502 5. National cooperative freight transportation research program (a) In general Chapter 5 519. National cooperative freight transportation research program (a) In general The Secretary shall establish and support a national cooperative freight transportation research program. (b) Agreement The Secretary shall offer to enter into an agreement with the Transportation Research Board of the National Research Council of the National Academies (referred to in this section as the National Academies (c) Advisory committee The National Academies shall select an advisory committee consisting of a representative cross-section of freight stakeholders, including representatives of— (1) the Department of Transportation; (2) other Federal agencies; (3) State transportation departments; (4) local governments; (5) nonprofit entities; (6) academic institutions; (7) private sector carriers and shippers; (8) port authorities; (9) air quality organizations; and (10) other interested parties. (d) Governance (1) In general The national cooperative freight transportation research program established under this section shall include the administrative and management elements described in this subsection. (2) National research agenda (A) In general The advisory committee, in consultation with interested parties, shall recommend a national research agenda for the program. (B) Component The agenda shall— (i) emphasize multimodal goods movement; (ii) address major freight challenges in urban and rural areas; and (iii) include a multiyear strategic plan. (3) Involvement Interested parties may— (A) submit research proposals to the advisory committee; (B) participate in merit reviews of research proposals and peer reviews of research products; and (C) receive research results. (4) Open competition and peer review of research proposals The National Academies may award research contracts and grants under the program established under this section through open competition and merit review conducted on a regular basis. (5) Research coordination The National Academies shall ensure that research contracts and grants awarded under this section are not duplicative of— (A) research conducted under other cooperative transportation research programs governed by the National Academies; or (B) research conducted by the Department of Transportation or any other Federal, State, or local agency. (6) Evaluation of research (A) Peer review Research contracts and grants under the program may allow peer review of the research results. (B) Programmatic evaluations The National Academies may conduct periodic programmatic evaluations on a regular basis of research contracts and grants. (7) Dissemination of research findings The National Academies shall disseminate research findings to researchers, practitioners, and decisionmakers through— (A) conferences and seminars; (B) field demonstrations; (C) workshops; (D) training programs; (E) presentations; (F) testimony to government officials; (G) the Internet; (H) publications for the general public; (I) collaboration with the National Transportation Library; and (J) other appropriate means. (e) Contents The national research agenda required under subsection (d)(2) shall, at a minimum, include research on— (1) techniques for estimating and quantifying public benefits derived from freight transportation projects; (2) the feasibility of consolidating origins and destinations for freight movement; (3) methods for incorporating estimates of domestic and international trade into landside transportation planning; (4) means of synchronizing infrastructure improvements with freight transportation demand; (5) the effect of changing patterns of freight movement on transportation planning decisions; (6) the reduction of impacts on urban communities; and (7) other research areas to identify and address emerging and future research needs relating to freight transportation by all modes. (f) Funding (1) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. (2) Federal share The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, as determined by the Secretary. (3) Acceptance of non-Federal funds In addition to using funds authorized for this section, the National Academies may seek and accept additional funding sources from— (A) public and private entities capable of accepting funding from the Department of Transportation; (B) States and local governments; (C) nonprofit foundations; and (D) the private sector. . (b) Conforming amendment The analysis for chapter 5 Sec. 519. National cooperative freight transportation research program. .

Freight Priorities Act

Flood Insurance Market Parity and Modernization Act of 2014 - Amends the Flood Disaster Protection Act of 1973 to redefine "private flood insurance" to include a policy issued by an insurance company that is eligible as a nonadmitted insurer to provide insurance in the state or jurisdiction where the property to be insured is located.

To clarify that any private flood insurance policy accepted by a State shall satisfy the mandatory purchase requirement under the Flood Disaster Protection Act of 1973. 1. Short title This Act may be cited as the Flood Insurance Market Parity and Modernization Act of 2014 2. Authority of States to regulate private flood insurance Paragraph (7) of section 102(b) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b)(7) (7) Private flood insurance defined In this subsection, the term private flood insurance (A) provides flood insurance coverage; (B) is issued by an insurance company that is— (i) licensed, admitted, or otherwise approved to engage in the business of insurance in the State or jurisdiction in which the insured building is located, by the insurance regulator of that State or jurisdiction; or (ii) eligible as a nonadmitted insurer to provide insurance in the State or jurisdiction where the property to be insured is located, in accordance with sections 521 through 527 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8201 through 8206); and (C) is issued by an insurance company that is not otherwise disapproved as a surplus lines insurer by the insurance regulator of the State or jurisdiction where the property to be insured is located. .

Flood Insurance Market Parity and Modernization Act of 2014

Fair Raises for Seniors Act - Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to publish for each calendar month a Consumer Price Index for Elderly Consumers (CPI-E) that indicates the average change over time in the prices paid by individuals in the United States who are age 62 and older for a market basket of consumer goods and services. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-E the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to exclude from wages for purposes of employment and self-employment taxes (under the Federal Insurance Contributions Act [FICA] for OASDI insurance): (1) any remuneration up to $250,000 of the amount of the contribution and benefit base, and (2) only so much of that remuneration that is less than $250,000. Amends SSA title II to include 1% or $1,000 (whichever is less) of surplus average indexed monthly earnings in the determination of primary OASDI amounts.

To establish the Consumer Price Index for Elderly Consumers for purposes of determining cost-of-living increases under the Social Security Act, and to amend the Internal Revenue Code of 1986 to apply payroll taxes to remuneration and earnings from self-employment up to the contribution and benefit base and to remuneration in excess of $250,000, and for other purposes. 1. Short title This Act may be cited as the Fair Raises for Seniors Act 2. Consumer price index for elderly consumers (a) In General The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers CPI-E (b) Requirements In carrying out subsection (a), the Bureau of Labor Statistics shall— (1) increase the number of individuals in the United States who are 62 years of age and older sampled in the consumer expenditure survey used to establish the CPI-E above the number of such individuals sampled for purposes of determining the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); (2) establish samples of market-based items, stores, and prices to represent the purchasing patterns of older adults; and (3) examine the medical care component, including the cost and usage of prescription drugs, of the CPI-E taking into account that older adults have different illnesses and health care expenses, including dental expenses, than individuals in the United States who are under 62 years of age. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. (d) Effective Date The section shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. 3. Computation of cost-of-living increases (a) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) (1) in paragraph (1)(G), by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index (2) in paragraph (4), by striking and by section 9001 , by section 9001 1986, and by section 3 of the Fair Raises for Seniors Act (b) Conforming amendments in applicable former law Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index (c) Effective date The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. 4. Payroll tax on remuneration up to contribution and benefit base and more than $250,000 (a) In general Paragraph (1) of section 3121(a) such calendar year. The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $250,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $250,000. (b) Conforming amendment Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking Act) to Act), or in excess of $250,000, to (c) Effective date The amendments made by this section shall apply to remuneration paid after December 31, 2014. 5. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000 (a) In general Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) in the case of the tax imposed by section 1401(a), the excess of— (A) that part of the net earnings from self-employment which is in excess of— (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus (ii) the amount of the wages paid to such individual during such taxable years; over (B) that part of the net earnings from self-employment which is in excess of the sum of— (i) the excess of— (I) the net earning from self-employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over (II) $250,000, reduced by such contribution and benefit base, plus (ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or . (b) Phaseout Subsection (b) of section 1402 Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000. (c) Effective date The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2014. 6. Inclusion of surplus earnings for benefit determinations (a) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended— (1) in clauses (i), (ii), and (iii), by inserting basic average indexed monthly earnings (2) in clause (ii), by striking and (3) in clause (iii), by adding and (4) by inserting after clause (iii) the following new clause: (iv) 1 percent or $1000 (whichever is less) of the individual’s surplus average indexed monthly earnings (determined under subsection (b)(1)(B)), . (b) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) (A) in the matter preceding subparagraph (A), by inserting basic average (B) in subparagraph (A), by striking paragraph (3) paragraph (3)(A) to the extent such total does not exceed the contribution and benefit base for the applicable year (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting (A) (b)(1) (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) (A) in subparagraph (A), by striking subparagraph (B) subparagraph (C) and determination of basic average indexed monthly income paragraph (2) (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined under clause (ii) of paragraph (1)(B) without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Conforming amendments (1) Paragraphs (3)(A)(ii) and (6)(A) of section 203(a) of such Act ( 42 U.S.C. 403(a) basic average indexed monthly earnings (2) Subsections (b) and (c) of section 212 of such Act ( 42 U.S.C. 412 average indexed monthly earnings basic average indexed monthly earnings, surplus average indexed monthly earnings (d) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act ( 42 U.S.C. 415(a)(3)(B)

Fair Raises for Seniors Act

Certify It Act of 2014 - Directs the Comptroller General (GAO) to study the impact of the Patient Protection and Affordable Care Act (PPACA) on small businesses and the Office of the Actuary, Centers for Medicare & Medicaid Services, to study the Act's impact on small group health insurance costs. Declares that, if GAO or the Office of the Actuary reports to Congress that PPACA has caused either net employment loss amongst small businesses or small group health insurance costs to rise, certain PPACA assessments that may be imposed on employers for failing to offer their full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage shall not apply for a specified one-year period. Declares further that, if GAO or the Office fails to submit such a report in accordance with specified timelines, such assessments shall not apply during the following calendar year.

To direct the Office of the Actuary of the Centers for Medicare & Medicaid Services and the Comptroller General of the United States to study the impact of the Patient Protection and Affordable Care Act on small businesses. 1. Short title This Act may be cited as the Certify It Act of 2014 2. Study on impact on small business jobs (a) Study and report (1) In general Not later than 1 year after the date of enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Comptroller General of the United States, shall conduct a study on the impact of the Affordable Care Act on small businesses, including— (A) the impact of any increased health insurance costs resulting from the provisions of such Act on economic indicators (including jobs lost, hours worked per employee, and any resulting loss of wages); and (B) the impact of section 4980H (2) Report The Comptroller General of the United States, using data from the Office of the Actuary, Centers for Medicare & Medicaid Services, under section 3 and economic indicators data from other Federal agencies, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate committees of congress For purposes of this section, the term appropriate committees of Congress (c) Definitions For purposes of this Act: (1) Affordable care act The term Affordable Care Act Public Law 111–148 Public Law 111–152 (2) Small business The term small business 3. Study on impact on small business health insurance (a) Study and report (1) In general Not later than 1 year after the date of the enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Office of the Actuary, Centers for Medicare & Medicaid Services, shall conduct a study on the impact of the Affordable Care Act on small group health insurance costs, including— (A) the impact of requirements and benefits pursuant to such Act on the small group health insurance market, including community rating requirements, minimum actuarial value requirements, requirements to provide for essential health benefits described in section 1302(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b) 42 U.S.C. 300gg–11 (B) the impact of new taxes and fees on the small group health insurance market costs, including the fee imposed under section 9010 of the Patient Protection and Affordable Care Act (relating to imposition of annual fee on health insurance providers), the transitional reinsurance program contributions, the fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to the Patient Centered Outcome Research Institute fees), and Exchange assessments or user fees. (2) Report The Office of the Actuary, Centers for Medicare & Medicaid Services, in consultation with the Comptroller General for purposes of verifying the methodology, assumptions, validity, and reasonableness of the data used by the Actuary, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate committees of congress For purposes of this section, the term appropriate committees of Congress 4. One-year delay for employer mandate in case of negative impact on small business (a) In general If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, determines in any report submitted under section 2 or 3 that the Affordable Care Act has caused net employment loss amongst small businesses or caused small group health insurance costs to rise, section 4980H (b) Failure To submit If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, fails to submit a report in accordance with the timelines specified in this Act, section 4980H of the Internal Revenue Code of 1986 shall not apply the following calendar year.

Certify It Act of 2014

Deter Cyber Theft Act of 2014 - Requires the President to report annually to Congress on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to: (1) identify countries that engage in such espionage, including countries that facilitate, support, fail to prosecute, or otherwise permit such espionage; (2) specify the countries that engage in the most egregious forms of such espionage; and (3) describe actions taken and progress made by the President to decrease the prevalence of such espionage. Authorizes the President to block and prohibit transactions in property, and interests in property, of a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by U.S. persons if such property and interests in property: (1) are in the United States; (2) come within the United States; or (3) are, or come within, the possession or control of a U.S. person. Prohibits the President from imposing sanctions on the importation of goods under such authority.

To require the President to develop a watch list and a priority watch list of foreign countries that engage in economic or industrial espionage in cyberspace with respect to United States trade secrets or proprietary information, to provide for the imposition of sanctions with respect to foreign persons that knowingly benefit from such espionage, and for other purposes. 1. Short title This Act may be cited as the Deter Cyber Theft Act of 2014 2. Actions to address economic or industrial espionage in cyberspace (a) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that— (A) identifies— (i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; (ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (in this section referred to as priority foreign countries (iii) technologies or proprietary information developed by United States persons that— (I) are targeted for economic or industrial espionage in cyberspace; and (II) to the extent practicable, have been appropriated through such espionage; (iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and (v) to the extent practicable, services provided using such technologies or proprietary information; (B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and (C) describes— (i) actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and (ii) the progress made in decreasing the prevalence of such espionage. (2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country— (A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or (B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by— (i) individuals who are citizens or residents of the foreign country; or (ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of sanctions (1) In general The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (2) Persons described A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons. (3) Exception The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cyberspace The term cyberspace (A) means the interdependent network of information technology infrastructures; and (B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. (3) Economic or industrial espionage The term economic or industrial espionage (A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or (C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. (4) Knowingly The term knowingly (5) Own The term own (6) Person The term person (7) Proprietary information The term proprietary information (A) the person has taken reasonable measures to keep the information confidential; and (B) the information is not generally known or readily ascertainable through proper means by the public. (8) Technology The term technology 50 U.S.C. App. 2415 (9) Trade secret The term trade secret section 1839 (10) United States person The term United States person (A) an individual who is a citizen or resident of the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States.

Deter Cyber Theft Act of 2014

Protecting Aid for Students Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to require institutions of higher education (IHEs) that enroll students who receive title IV grants or loans to establish a system to disburse credit balances to students through electronic payments to a deposit account or a general-use prepaid card with the protections afforded under the Electronic Fund Transfer Act. Prohibits an IHE from: (1) requiring or encouraging a student to select a particular financial institution to which those electronic payments will be made, or (2) denying or causing a delay in the disbursement of credit balances based on the selection by a student of a particular financial institution. Directs the Secretary of Education to conduct a pilot program giving students the option to receive credit balances through the Treasury Direct Express system or another low-cost alternative. Prohibits an IHE that is affiliated with a consumer financial product or service from receiving financial assistance under the HEA unless it: develops a code of conduct with respect to affiliated consumer financial products or services with which associated individuals must comply that prohibits conflicts of interest and requires those individuals to act in the best interests of the IHE's students; publish that code prominently on the IHE's website; requires all of its associated individuals to be annually informed of the code's provisions. Defines an "associated individual" as: (1) an officer of an IHE, or (2) an employee or agent of the IHE who is involved in specified ways with the affiliated consumer financial product or service. Prohibits an IHE that is affiliated with a consumer financial product or service from: (1) entering into a revenue-sharing arrangement with the financial institution providing that product or service, or (2) requesting or accepting any staffing assistance from that financial institution. Prohibits an IHE's associated individuals from: (1) soliciting or receiving a gift from a financial institution that has a consumer financial product or service with which the IHE is affiliated; (2) accepting financial compensation from such financial institution pursuant to a service contract; or (3) receiving anything of value from such financial institution for serving on its advisory board, commission, or group. Allows specified exceptions to such prohibitions. Amends the Truth in Lending Act to require financial institutions to submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing the terms and conditions of all business, marketing, and promotional agreements they have with any IHE, or any alumni organization or foundation that is an affiliate of or related to an IHE, relating to any consumer financial product or service offered to college students at IHEs. Requires each financial institution to: (1) establish and maintain a website on which it posts the written agreement with the IHE for each affiliated consumer financial product or service; and (2) provide the CFPB, in electronic format, the written agreements it publishes on its website. Requires the CFPB to establish and maintain on its publicly available website a central repository of all of those agreements received from financial institutions. Prohibits a financial institution that offers a consumer financial product or service that is affiliated with an IHE from entering into a revenue-sharing arrangement with the IHE.

To amend the Higher Education Act of 1965 and the Truth in Lending Act to provide for disclosure and codes of conduct with respect to consumer financial products or services and institutions of higher education. 1. Short title This Act may be cited as the Protecting Aid for Students Act of 2014 2. Disbursement of credit balance Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 493E. Disbursement of credit balance (a) Credit balance In this section, the term credit balance (b) Establishment of system for disbursement Not later than 3 years after the date of enactment of the Protecting Aid for Students Act of 2014 (c) Electronic payment system (1) In general Each institution of higher education described in subsection (b) shall establish a system for disbursement of credit balances through electronic payments to a deposit account or a general use prepaid card with the protections afforded under the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.). (2) No preferred financial institution or denial or delay In carrying out the system under paragraph (1), an institution of higher education shall not— (A) require or encourage a student to select a particular financial institution to which an electronic payment under this section shall be made; or (B) deny or cause a delay in the disbursement of credit balances based on the selection by a student of a particular financial institution. (d) Distribution options (1) Pilot program The Secretary of Education, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall conduct a pilot program on providing students with the option of receiving credit balances, through the electronic payment system of the institution of higher education in accordance with subsection (c), by using the Treasury Direct Express system established under section 3336 (2) Implementation If the Secretary of Education, after conducting the pilot program described in paragraph (1), determines that allowing students with credit balances to use any option described in such paragraph is in the best interest of students, the Secretary shall take such actions as are necessary to provide any such option to students, which may include entering into agreements with the Secretary of Treasury or other entity to implement this paragraph. . 3. Code of conduct in affiliated consumer financial products or services Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. 124. Code of conduct in affiliated consumer financial products or services (a) Definitions In this section: (1) Affiliated (A) In general The term affiliated (i) the name, emblem, mascot, or logo of the institution being used with respect to such product or service; or (ii) some other word, picture, or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service. (B) Rule of construction Nothing in subparagraph (A) shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education. (2) Associated individual The term associated individual (A) an officer of such institution of higher education; (B) an employee or agent of the institution of higher education who is involved in the contracting, approval, analysis, or decisionmaking process for an affiliated consumer financial product or service; or (C) an employee or agent of the institution of higher education involved in the marketing or solicitation process pertaining to an affiliated consumer financial product or service. (3) Consumer financial product or service The term consumer financial product or service 12 U.S.C. 5481 (4) Financial institution The term financial institution (5) Institution of higher education The term institution of higher education (b) Code of conduct Notwithstanding any other provision of law, no institution of higher education that is affiliated with a consumer financial product or service shall be eligible to receive funds or any other form of financial assistance under this Act, unless the institution— (1) develops a code of conduct with respect to affiliated consumer financial products or services with which associated individuals shall comply that— (A) prohibits a conflict of interest with the responsibility of an associated individual with respect to such affiliated consumer financial product or services; (B) requires each associated individual to act in the best interest of the students enrolled at the institution of higher education in carrying out their duties; and (C) at a minimum, is aligned with the requirements and prohibitions described under subsections (c) through (g); (2) publishes such code of conduct prominently on the institution's website; and (3) administers and enforces such code by, at a minimum, requiring that all of the institution's associated individuals be annually informed of the provisions of the code of conduct. (c) Ban on revenue-Sharing arrangements (1) Prohibition An institution of higher education that is affiliated with a consumer financial product or service shall not enter into any revenue-sharing arrangement with the financial institution. (2) Definition In this subsection, the term revenue-sharing arrangement (A) means an arrangement between an institution of higher education and a financial institution under which— (i) the financial institution provides or issues a consumer financial product or service to students attending the institution of higher education; (ii) the institution of higher education recommends, promotes, sponsors, or otherwise endorses the financial institution, or the consumer financial products or services offered by the financial institution; and (iii) the financial institution pays a fee or provides other material benefits, including revenue or profit sharing, to the institution of higher education in connection with the consumer financial products or services provided to students of the institution of higher education; and (B) does not include an arrangement under which a financial institution pays a fair market price to an institution of higher education for the advertising or marketing of the financial institution to the general public by the institution of higher education. (d) Gift ban (1) Prohibition No associated individual of an institution of higher education shall solicit or accept any gift from a financial institution that has a consumer financial product or service with which the institution is affiliated. (2) Definition of gift (A) In general In this subsection, the term gift (B) Exceptions The term gift (i) Standard material, activities, or programs on issues related to a consumer financial product or service or financial literacy, such as a brochure, a workshop, or training. Such material, training, or program shall not promote a product or service of any specific financial institution. (ii) Food, refreshments, training, or informational material furnished to an associated individual as an integral part of a training session that is designed to improve the service of a financial institution to the institution of higher education, if such training contributes to the professional development of the associated individual. (iii) Favorable terms, conditions, and borrower benefits on a consumer financial product or service provided to all employees of the institution of higher education if such terms, conditions, or benefits are comparable to those provided to all students of the institution. (iv) Philanthropic contributions to an institution of higher education from a financial institution that are unrelated to the affiliated consumer financial product or service or the financial institution in general or any contribution from the financial institution that is not made in exchange for any advantage related to the financial institution. (C) Rule for gifts to family members For purposes of this subsection, a gift to a family member of an associated individual of an institution of higher education shall be considered a gift to the associated individual if— (i) the gift is given with the knowledge and acquiescence of the associated individual; and (ii) the associated individual has reason to believe the gift was given because of the official position of the associated individual. (e) Contracting arrangements prohibited (1) Prohibition No associated individual of an institution of higher education shall accept from a financial institution that has a consumer financial product or service with which the institution is affiliated a fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other contract to provide services to the financial institution or on behalf of the financial institution. (2) Rule of construction Nothing in this subsection shall be construed as prohibiting the conduct of an individual who is not an associated individual. (f) Ban on staffing assistance An institution of higher education shall not request or accept from a financial institution with which the institution has an affiliated consumer financial product or service any assistance with call center staffing, financial aid office staffing, or any other office or department of the institution of higher education. (g) Advisory board compensation Any associated individual of an institution of higher education who serves on an advisory board, commission, or group established by a financial institution that has a consumer financial product or service with which the institution is affiliated shall be prohibited from receiving anything of value from the financial institution, except that the individual may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission, or group. . 4. Revenue sharing and disclosure of affiliation Chapter 2 of title I of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. 140B. Preventing unfair and deceptive marketing of consumer financial products and services to students of institutions of higher education (a) Definitions In this section: (1) Affiliate The term affiliate (2) Affiliated (A) In general The term affiliated (i) the name, emblem, mascot, or logo of the institution being used with respect to such product or service; or (ii) some other word, picture, or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service. (B) Rule of construction Nothing in subparagraph (A) shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education. (3) Consumer financial product or service The term consumer financial product or service 12 U.S.C. 5481 (4) Financial institution The term financial institution (A) any person that engages in offering or providing a consumer financial product or service; and (B) any affiliate of such person described in subparagraph (A) if such affiliate acts as a service provider to such person. (5) Institution of higher education The term institution of higher education (6) Person The term person (7) Revenue-sharing arrangement The term revenue-sharing arrangement (A) means an arrangement between an institution of higher education and a financial institution under which— (i) a financial institution provides or issues a consumer financial product or service to college students attending the institution of higher education; (ii) the institution of higher education recommends, promotes, sponsors, or otherwise endorses the financial institution, or the consumer financial products or services offered by the financial institution; and (iii) the financial institution pays a fee or provides other material benefits, including revenue or profit sharing, to the institution of higher education, or to an officer, employee, or agent of the institution of higher education, in connection with the consumer financial products and services provided to college students attending the institution of higher education; and (B) does not include an arrangement under which a financial institution pays a fair market price to an institution of higher education for the advertising or marketing of the financial institution to the general public by the institution of higher education. (8) Service provider The term service provider (A) means any person that provides a material service to another person in connection with the offering or provision by such other person of a consumer financial product or service, including a person that— (i) participates in designing, operating, or maintaining the consumer financial product or service; or (ii) processes transactions relating to the consumer financial product or service (other than unknowingly or incidentally transmitting or processing financial data in a manner that such data is undifferentiated from other types of data of the same form as the person transmits or processes); and (B) does not include a person solely by virtue of such person offering or providing to another person— (i) a support service of a type provided to businesses generally or a similar ministerial service; or (ii) time or space for an advertisement for a consumer financial product or service through print, newspaper, or electronic media. (b) Disclosure of affiliation (1) Reports by financial institutions (A) In general Not later than 180 days after the date of enactment of the Protecting Aid for Students Act of 2014 (B) Details of report The information required to be reported under subparagraph (A) includes— (i) any memorandum of understanding between or among the financial institution and an institution of higher education, alumni association, or foundation that directly or indirectly relates to any aspect of an agreement referred to in subparagraph (A) or controls or directs any obligations or distribution of benefits between or among the entities; and (ii) the number and dollar amount outstanding of consumer financial products or services accounts covered by any such agreement that were originated during the period covered by the report, and the total number and dollar amount of consumer financial products or services accounts covered by the agreement that were outstanding at the end of such period. (C) Aggregation by institution The information required to be reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation that is an affiliate of or related to the institution of higher education. (2) Reports by Bureau The Bureau shall submit to Congress, and make available to the public, an annual report that lists the information submitted to the Bureau under paragraph (1). (3) Electronic disclosures (A) Posting agreements Each financial institution shall establish and maintain an Internet site on which the financial institution shall post the written agreement between the financial institution and the institution of higher education for each affiliated consumer financial product or service. (B) Financial institution to provide contracts to the bureau Each financial institution shall provide to the Bureau, in electronic format, the written agreements that it publishes on its Internet site pursuant to this paragraph. (C) Record repository The Bureau shall establish and maintain on its publicly available Internet site a central repository of the agreements received from financial institutions pursuant to this paragraph, and such agreements shall be easily accessible and retrievable by the public. (D) Exception This paragraph shall not apply to individually negotiated changes to contractual terms, such as individually modified workouts or renegotiations of amounts owed by an institution of higher education. (c) Prohibition of revenue-Sharing arrangement A financial institution that offers a consumer financial product or service that is affiliated with an institution of higher education may not enter into a revenue-sharing arrangement with the institution of higher education. (d) Rule of construction Nothing in this section shall be construed to prohibit a financial institution from establishing a consumer product or service affiliated with an institution of higher education if — (1) the consumer product or service will— (A) assist college students in reducing costs or fees associated with the use of consumer financial products or services; (B) increase consumer choice; and (C) enhance consumer protections; and (2) the financial institution is in compliance with the requirements of this Act. .

Protecting Aid for Students Act of 2014

Avonte's Law Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to law enforcement agencies to: (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities, and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. Requires grant awards to be used to: (1) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to reduce the risk of wandering by such individuals, help to identify signs of abuse in such individuals, increase their personal safety and survival skills, and facilitate effective communication with individuals who have communication-related disabilities; (2) provide training and emergency protocols for school administrators, staff, and families; (3) provide response tools and training for law enforcement and search-and-rescue agencies, including tracking technology; or (4) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. Directs the Attorney General to establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. Requires each law enforcement agency that receives a grant to comply with any such standards and best practices.

To establish a grant program to help State and local law enforcement agencies reduce the risk of injury and death relating to the wandering characteristics of some children with autism and other disabilities. 1. Short title This Act may be cited as the Avonte's Law Act of 2014 2. Grant program to reduce injury and death relating to the wandering and safety of individuals with disabilities Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. LL Grant program to reduce injury and death relating to the wandering and safety of individuals with disabilities 3021. Program authorized (a) In general The Attorney General may make grants to law enforcement agencies to— (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities; and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. (b) Uses of funds A grant awarded under this section shall be— (1) distributed directly to a law enforcement agency; and (2) used to— (A) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to— (i) reduce the risk of wandering by individuals with autism or other disabilities; (ii) help to identify signs of abuse in individuals with autism or other disabilities; (iii) increase personal safety and survival skills for individuals with autism or other disabilities; and (iv) facilitate effective communication with individuals who have communication-related disabilities, including the use of assistive communication techniques and technology; (B) provide training and emergency protocols for school administrators, staff, and families; (C) provide response tools and training for law enforcement and search-and-rescue agencies, including— (i) tracking technology; (ii) reverse 911 technology; (iii) assistive communication technology; (iv) Endangered Missing Advisories; and (v) Federal search-and-rescue guidelines for special needs children; or (D) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. (c) Standards and best practices for use of tracking devices (1) Establishment (A) In general Not later than 120 days after the date of enactment of this part, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. (B) Requirements In establishing the standards and best practices required under subparagraph (A), the Attorney General— (i) shall determine— (I) the criteria used to determine which individuals would benefit from the use of a tracking device; and (II) who should have direct access to the tracking system; and (ii) may establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures in order to— (I) safeguard the privacy of the data used by the tracking device such that— (aa) access to the data is restricted to agencies determined necessary by the Attorney General; and (bb) use of the data is solely for the purpose of preventing injury or death; (II) develop criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death prior to issuing the tracking device, including the previous consideration of less restrictive alternatives; (III) provide training for law enforcement agencies to recognize signs of abuse in their interactions with applicants; (IV) protecting the civil rights and liberties of children with disabilities who use tracking devices, including their rights under the Fourth Amendment of the Constitution of the United States; (V) establish a complaint and investigation process to address— (aa) incidents of noncompliance by grant recipients with the best practices established by the Attorney General or other applicable law; and (bb) use of a tracking device over the objection of a child with a disability; and (VI) the role which State agencies responsible for providing services to children with developmental disabilities and State agencies responsible for child protective services should have in the administration of a tracking system. (2) Required compliance (A) In general Each law enforcement agency that receives a grant under this section shall comply with any standards and best practices relating to the use of tracking devices as established by the Attorney General under paragraph (1), in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations. (B) Determination of compliance The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether a law enforcement agency that receives a grant under this section acts in compliance with the requirement described in paragraph (1). (3) Applicability of standards and best practices The standards and best practices established by the Attorney General under paragraph (1) shall apply only to the grant program authorized under this part. 3022. Applications To request a grant under section 3021, the head of a law enforcement agency shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. 3023. Definitions In this part— (1) the term child (2) the term Indian tribe 25 U.S.C. 450b(e) (3) the term law enforcement agency (4) the term State (5) the term unit of local government 3024. Authorization of appropriations There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2015 through 2019. .

Avonte's Law Act of 2014

Amends the Claims Resolution Act of 2010 to authorize the Secretary of the Interior (the Secretary) to enter into contracts under the Indian Self-Determination and Education Assistance Act with eligible Indian tribes to carry out activities related to them under the Land Consolidation Program. Requires the Secretary to invest the amounts remaining in the Trust Land Consolidation Fund into public debt securities with maturities suitable to the needs of such Fund. Requires invested funds and the interest to be used for the purposes for which the Trust Land Consolidation Fund was established. Makes the Secretary responsible for ensuring that all payments are made to beneficiaries within one year.

To amend the Claims Resolution Act of 2010 to authorize the Secretary of the Interior to contract with eligible Indian tribes to manage land buy-back programs, to require that certain amounts be deposited into interest bearing accounts, and for other purposes. 1. Tribal land buy-back programs Section 101(e) of the Claims Resolution Act of 2010 (Public Law 111–291; 124 Stat. 3067) is amended by adding at the end the following: (6) Tribal land buy-back programs The Secretary may enter into contracts under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. . 2. Interest bearing account Section 101(e)(1)(C) of the Claims Resolution Act of 2010 (Public Law 111–291; 124 Stat. 3067) is amended by adding at the end the following: (iii) Interest bearing account (I) In general Not later than 90 days after the date of the enactment of this clause, the Secretary shall invest the amounts remaining in the Trust Land Consolidation Fund into public debt securities with maturities suitable to the needs of that Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Once the amounts are invested pursuant to this clause, the funds shall be deemed to have been used to conduct the Land Consolidation Program and for other costs associated with the Settlement for the purposes of subparagraph (B). (II) Use of amounts earned in interest Funds invested under this clause and interest on those funds shall be used for the purposes for which the Trust Land Consolidation Fund was established. . 3. Timing of payments and responsibility Section 101(j)(3) of the Claims Resolution Act of 2010 (Public Law 111–291; 124 Stat. 3069) is amended— (1) by striking Payments Payments and Responsibility (2) by striking The payments (A) In general The payments ; and (3) by adding at the end the following: (B) Responsibility and completion date The Secretary of the Interior shall remain responsible for ensuring that all payments under this section are made to beneficiaries by not later than 1 year after the date of the enactment of this subparagraph. .

A bill to amend the Claims Resolution Act of 2010 to authorize the Secretary of the Interior to contract with eligible Indian tribes to manage land buy-back programs, to require that certain amounts be deposited into interest bearing accounts, and for other purposes.