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Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines "qualified energy-efficient cool roof replacement property" as any roof system that: (1) is placed in service above conditioned or semiheated space on an eligible commercial building, (2) has a slope equal to or less than 2:12 (low-slope roof), (3) replaces an existing roof system, and (4) includes insulation meeting specified standards and a primary roof covering that has a cool roof surface. Requires the adjustment for depreciation to the earnings and profits of a real estate investment trust for any taxable year, in the case of such property, to be determined under the alternative depreciation method, except that the recovery period shall be 20 years.
To amend the Internal Revenue Code of 1986 to modify the depreciation recovery period for energy-efficient cool roof systems, and for other purposes. 1. Short title This Act may be cited as the Energy-Efficient Cool Roof Jobs Act 2. Depreciation recovery period for certain roof systems (a) 20-Year recovery period (1) In general Subparagraph (F) of section 168(e)(3) (F) 20-year property The term 20-year property (i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and (ii) any qualified energy-efficient cool roof replacement property. . (2) Qualified energy-efficient cool roof replacement property Section 168(e) of such Code is amended by adding at the end the following new paragraph: (9) Qualified energy-efficient cool roof replacement property (A) In general The term qualified energy-efficient cool roof replacement property (i) which is placed in service above conditioned or semi-heated space on an eligible commercial building, (ii) which has a slope equal to or less than 2:12, (iii) which replaces an existing roof system, and (iv) which includes— (I) insulation which meets or exceeds the minimum prescriptive requirements in tables A–1 to A–9 in the Normative Appendix A of ASHRAE Standard 189.1–2011, and (II) in the case of an eligible commercial building located in a climate zone other than climate zone 6, 7, or 8 (as specified in ASHRAE Standard 189.1–2011), a primary roof covering which has a cool roof surface. (B) Cool roof surface The term cool roof surface (i) has a 3-year-aged solar reflectance of at least 0.55 and a 3-year-aged thermal emittance of at least 0.75, as determined in accordance with the Cool Roof Rating Council CRRC–1 Product Rating Program, or (ii) has a 3-year-aged solar reflectance index (SRI) of at least 64, as determined in accordance with ASTM Standard E1980, determined— (I) using a medium-wind-speed convection coefficient of 12 W/m 2 (II) using the values for 3-year-aged solar reflectance and 3-year-aged thermal emittance determined in accordance with the Cool Roof Rating Council CRRC–1 Product Rating Program. (C) Roof system The term roof system (D) Eligible commercial building The term eligible commercial building (i) which is within the scope of ASHRAE Standard 90.1–2010, (ii) which is located in the United States, (iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and (iv) which was placed in service before the date that is 3 years prior to the date the roof system described in subparagraph (A) is placed in service. (E) ASHRAE The term ASHRAE . (b) Requirement To use straight line method Paragraph (3) of section 168(b) (J) Any qualified energy-efficient cool roof replacement property. . (c) Alternative system The table contained in section 168(g)(3)(B) (F)(i) 25 (F)(ii) 27.5 . (d) Depreciation rules for certain qualified energy-Efficient cool roof replacement property for purposes of computing the earnings and profits of a real estate investment trust (1) In general Paragraph (3) of section 312(k) (C) Treatment of qualified energy-efficient cool roof replacement property In the case of any qualified energy-efficient cool roof replacement property (within the meaning of section 168(e)(9)), the adjustment for depreciation to earnings and profits of a real estate investment trust for any taxable year shall be determined under the alternative depreciation method (within the meaning of section 168(g)(2)), except that the recovery period shall be 20 years. . (2) Conforming amendment Subparagraph (A) of section 312(k)(3) of such Code is amended by striking subparagraph (B), subparagraphs (B) and (C), (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
Energy-Efficient Cool Roof Jobs Act
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2015 - Title I: Agricultural Programs - Appropriates FY2015 funds for the following Department of Agriculture (USDA) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) Office of the Chief Economist; (3) National Appeals Division; (4) Office of Budget and Program Analysis; (5) Office of the Chief Information Officer; (6) Office of the Chief Financial Officer; (7) Office of the Assistant Secretary for Civil Rights; (8) Office of Civil Rights; (9) agriculture buildings and facilities; (10) hazardous materials management; (11) Office of Inspector General; (12) Office of the General Counsel; (13) Office of Ethics; (14) Office of the Under Secretary for Research, Education, and Economics; (15) Economic Research Service; (16) National Agricultural Statistics Service; (17) Agricultural Research Service; (18) National Institute of Food and Agriculture; (19) Hispanic-Serving Agricultural Colleges and Universities Endowment Fund; (20) Native American Institutions Endowment Fund; (21) extension and integrated activities; (22) Office of the Under Secretary for Marketing and Regulatory Programs; (23) Animal and Plant Health Inspection Service; (24) Agricultural Marketing Service; (25) Grain Inspection, Packers and Stockyards Administration; (26) Office of the Under Secretary for Food Safety; (27) Food Safety and Inspection Service; (28) Office of the Under Secretary for Farm and Foreign Agricultural Services; (29) Farm Service Agency; (30) Risk Management Agency; (31) Federal Crop Insurance Corporation Fund; and (32) Commodity Credit Corporation Fund. Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment, and (2) Natural Resources Conservation Service. Title III: Rural Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development, (2) Rural Housing Service, (3) Rural Business-Cooperative Service, and (4) Rural Utilities Service. Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service. Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) the Foreign Agricultural Service, (2) Food for Peace Act (P.L. 480) program title I and title II grants, (3) Commodity Credit Corporation (CCC) export loan credit guarantee program, and (4) the McGovern-Dole international food for education and child nutrition program. Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA), and (2) Farm Credit Administration (FCA). Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. (Sec. 702) Authorizes the Secretary to transfer unobligated balances to the Working Capital Fund for plant and capital equipment acquisition, which shall remain available until expended. (Sec. 703) Prohibits appropriations under this Act from remaining available for obligation beyond the current fiscal year unless expressly provided for. (Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit organizations to 10%. (Sec. 705) Makes USDA appropriations for direct and guaranteed loans available for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account. (Sec. 706) Prohibits funds made available to USDA under this Act from being used to acquire new information technology systems or significant upgrades without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board. (Sec. 707) Makes funds available in the current fiscal year for agricultural management assistance under the Federal Crop Insurance Act and for specified conservation programs under the Food Security Act of 1985 until expended for current fiscal year obligations. (Sec. 708) Makes eligible for economic development and job creation assistance under the Rural Electrification Act in the same manner as a borrower under such Act any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct, or guaranteed loan under such Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act. (Sec. 709) Limits funds available for repair or replacement of bulk fuel storage tanks in Alaska that are not in compliance with applicable Federal or state law. (Sec. 710) Makes unobligated balances for salaries and expenses for the Farm Service Agency and the Rural Development mission area under this Act available for information technology expenses through September 30, 2016. (Sec. 711) Authorizes the Secretary to permit a state agency to use funds provided in this Act to exceed a specified maximum amount of liquid infant formula when issuing liquid infant formula to participants. (Sec. 712) Prohibits first-class travel by employees of agencies funded under this Act. (Sec. 713) States that with regard to certain programs established or amended by the Agricultural Act of 2014 to be carried out using CCC funds: (1) such funds shall be available for salaries and administrative expenses without regard to certain allotment and fund transfer limits, and (2) the use of such funds shall not be considered to be a fund transfer or allotment for purposes of applying such limits. (Sec. 714) Limits funds made available in FY2015 or preceding fiscal years under P.L. 480 to reimburse the CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act. (Sec. 715) Limits funds available for USDA advisory committees, panels, commissions, and task forces. (Sec. 716) Prohibits funds under this Act from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30% of total federal funds provided under each award. (Sec. 717) Authorizes the Secretary to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority. Requires congressional notification prior to implementing any such increase. (Sec. 718) Prohibits the use of funds for the watershed rehabilitation program. Limits the use of funds for the environmental quality incentives program. (Sec. 719) Limits FY2015 funds for the following domestic food assistance categories: (1) child nutrition program entitlement commodities, (2) state option contracts, and (3) defective commodity removal. Limits funds for the fresh fruit and vegetable program until October 1, 2015. Rescinds specified unobligated balances available in FY2015 for domestic food assistance. (Sec. 720) Prohibits the use of funds for user fee proposals that fail to provide certain budget impact information. (Sec. 721) Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds to: (1) eliminate or create a new program, (2) relocate or reorganize an office or employees, (3) privatize federal employee functions, or (4) increase funds or personnel for any project for which funds have been denied or restricted. Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds in excess of $500,000 or 10%, whichever is less: (1) to augment an existing program, (2) to reduce by 10% funding or personnel for any existing program, or (3) that results from a reduction in personnel which would result in a change in existing programs. (Sec. 722) Authorizes the Secretary to assess a one-time fee for any guaranteed business and industry loan that does not exceed 3% of the guaranteed principal portion of the loan. (Sec. 723) Prohibits USDA or FDA funds from being used to transmit to any non-USDA or non-Department of Health and Human Services (HHS) employee questions or responses to questions that are a result of information requested for the appropriations hearing process. (Sec. 724) Prohibits the use of funds under this Act by any executive branch entity to produce a prepackaged news story for U.S. broadcast or distribution unless it contains audio or text notice that it was produced or funded by such executive entity. (Sec. 725) Requires USDA agencies to reimburse each other for employees detailed for longer than 30 days. (Sec. 726) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers. (Sec. 727) Appropriates funds for a pilot program to demonstrate the use of new technologies that increase the rate of growth of re-forested hardwood trees on private nonindustrial forests lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005. (Sec. 728) Directs the Secretary, the FDA Commissioner, and the FCA Chairman to submit to Congress a spending plan by program, project, and activity for the funds made available under this Act, as outlined in the report accompanying this Act. (Sec. 729) Authorizes the Secretary to charge lenders a fee (up to $50 per loan) to access USDA loan guarantee systems in connection with such lenders' participation in Rural Housing Service loan guarantee programs. (Sec. 730) Appropriates funds to implement non-renewable agreements on eligible lands, including flooded agricultural lands. (Sec. 731) Directs the Secretary and the FDA Commissioner to submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures for each FY2015 conference held by any such Department, agency, board, commission, or office that costs the U.S government more than $100,000. (Sec. 732) Authorizes the Secretary of Health and Human Services (HHS) to: (1) relinquish to Arkansas all or part of the jurisdiction of the United States over the lands and properties encompassing the Jefferson Labs campus in Arkansas that are under the Secretary's supervision; and (2) enter into an agreement with Arkansas, an agency of such state, or a public or private entity regarding the establishment or operation of a technology research and commercialization center in Jefferson County, Arkansas, proximate to the Jefferson Labs campus. (Sec. 733) Directs the Secretary to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones. (Sec. 734) Authorizes the Secretary to provide potable water through the emergency community water assistance program for an additional 120 days to a community whose drinking water supplies are inadequate due to a natural disaster, including drought or severe weather. (Sec. 735) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel. (Sec. 736) Grants the Secretary the same access to information and subject to the same requirements applicable to the Secretary of Housing and Urban Development (HUD) in order to verify the income of individuals participating in certain rural housing programs. (Sec. 737) Establishes in the Treasury the Nonrecurring Expenses Fund. States that unobligated balances of expired discretionary funds appropriated in this or any succeeding fiscal year from the General Fund of the Treasury to the Department (except the Forest Service) may be transferred into the Fund. (Sec. 738) Appropriates funds for: (1) the emergency watershed protection program, (2) the emergency forestry restoration program, and (3) the emergency conservation program. (Sec. 739) Directs the Secretary to conduct a pre-hearing, public information session to consider alternatives to end product pricing formulae. (Sec. 740) Prohibits funds under this Act from being used to pay for the painting of a portrait of a federal officer or employee, including the President, the Vice President, a Member of Congress, the head of an executive branch agency, or the head of an office of the legislative branch. (Sec. 741) Directs the Secretary to report to Congress on rural housing loans for each of the five preceding years, including: (1) the total number of loans that are equal to or more than $500,000; (2) the total number of loan guarantees with an original principal obligation that is equal to or more than $500,000; (3) the location, including the city and state, of each property with a loan or loan guarantee; and (4) the number of loans and loan guarantees that have resulted in default losses and the total amount of such losses. (Sec. 742) Prohibits funds under this Act from being used in FY2015 for other than coach-class transportation accommodations by an agency that fails to submit a specified report (relating to the use of other than coach-class transportation accommodations). (Sec. 743) Rescinds specified funds from unobligated balances for the tree assistance program. (Sec. 744) Expresses the sense of the Senate that: (1) the outstanding contributions of the 1994 land-grant institutions to the work of the land-grant system should be recognized, (2) expanded cooperation within the land-grant system is encouraged to advance academic and community programs that serve all people of the United States, and (3) the people of the United States are encouraged to observe and celebrate the twentieth anniversary of the signing into law of the Equity in Educational Land-Grant Status Act of 1994. (Sec. 745) Prohibits funds from being used to exclude or restrict any variety of fresh, whole, or cut vegetables, except for vegetables with added sugars, fats, or oils, from being provided under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 746) Prohibits funds under this Act from being used to inspect horses for slaughter purposes. (Sec. 747) Prohibits funds under this Act from being used to implement any regulations that would require a reduction in the quantity of sodium in federally reimbursed meals and snacks below Target 1 until scientific research supports such reduction. Directs the Secretary to submit to Congress: (1) an assessment of whether there is an acceptable range of whole grain products available to allow schools to plan menus that are compliant with certain whole grain requirements; and (2) a plan to provide training and technical assistance to schools, school food authorities, and state agencies to meet the requirements of the Nutrition Standards in the National School Lunch and School Breakfast Programs final rule. Provides that if the Secretary determines a whole grain product to be of insufficient quantity or unacceptable quality the Secretary shall identify alternative products until such whole grain product is of sufficient quantity and quality.
Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2015, and for other purposes, namely: I AGRICULTURAL PROGRAMS Production, Processing and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $46,466,000, of which not to exceed $5,086,000 shall be available for the immediate Office of the Secretary; not to exceed $502,000 shall be available for the Office of Tribal Relations; not to exceed $1,507,000 shall be available for the Office of Homeland Security and Emergency Coordination; not to exceed $1,217,000 shall be available for the Office of Advocacy and Outreach; not to exceed $26,120,000 shall be available for the Office of the Assistant Secretary for Administration, of which $25,311,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department; not to exceed $3,897,000 shall be available for the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $8,137,000 shall be available for the Office of Communications: Provided Provided further Provided further Provided further Provided further Provided further Provided further Executive operations Office of the chief economist For necessary expenses of the Office of the Chief Economist, $16,854,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155 and shall be obligated within 90 days of the enactment of this Act. national appeals division For necessary expenses of the National Appeals Division, $13,430,000. Office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $9,305,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $45,199,000, of which not less than $28,000,000 is for cybersecurity requirements of the Department. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $6,080,000. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $898,000. Office of civil rights For necessary expenses of the Office of Civil Rights, $24,236,000. Agriculture buildings and facilities (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92–313 40 U.S.C. 121 Provided Hazardous materials management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq. Provided Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $97,240,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98. Office of the general counsel For necessary expenses of the Office of the General Counsel, $47,567,000. Office of ethics For necessary expenses of the Office of Ethics, $3,867,000. Office of the under secretary for research, education and economics For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $898,000. Economic research service For necessary expenses of the Economic Research Service, $85,373,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $178,154,000, of which up to $48,044,000 shall be available until expended for the Census of Agriculture: Provided Agricultural research service Salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,139,673,000: Provided Provided further Provided further Provided further Provided further 21 U.S.C. 113a Provided further, Provided further National institute of food and agriculture Research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses and notwithstanding section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3371 Provided Provided further, Provided further, Provided further, Hispanic-serving agricultural colleges and universities endowment fund For the Hispanic-Serving Agricultural Colleges and Universities Endowment Fund under section 1456(b) (7 U.S.C. 3243(b)) of the National Agricultural Research, Extension and Teaching Policy Act of 1977, $10,000,000, to remain available until expended. Native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103–382 7 U.S.C. 301 Extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa and notwithstanding section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) and section 7128(c) of the Agricultural Act of 2014 (7 U.S.C. 3371 note), $472,686,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Extension Activities” in the report accompanying this Act: Provided Provided further, Provided further 7 U.S.C. 343(b) Public Law 93–471 Integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses and notwithstanding section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3371 7 U.S.C. 3371 National Institute of Food and Agriculture, Integrated Activities Provided Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $898,000. Animal and plant health inspection service Salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 contingency fund 15 U.S.C. 1831 Provided Provided further Provided further, Provided further Provided further Provided further 7 U.S.C. 2250 In fiscal year 2015, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 7 U.S.C. 428a Agricultural marketing service Marketing services For necessary expenses of the Agricultural Marketing Service, $81,634,000: Provided 7 U.S.C. 2250 Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701). Limitation on administrative expenses Not to exceed $60,709,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided Funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c Payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) Grain inspection, packers and stockyards administration Salaries and expenses For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $44,017,000: Provided 7 U.S.C. 2250 Limitation on inspection and weighing services expenses Not to exceed $50,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $816,000. Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 7 U.S.C. 138f Provided Provided further Provided further Public Law 110–246 Public Law 113–79 Provided further 7 U.S.C. 2250 Office of the under secretary for farm and foreign agricultural services For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $898,000. Farm service agency Salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,182,544,000, of which $32,500,000 shall be for Modernize and Innovate the Delivery of Agricultural Systems: Provided Provided further Provided further Provided further Provided further State mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 Grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 Dairy indemnity program (including transfer of funds) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided Public Law 106–387 Agricultural Credit Insurance Fund Program Account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating ( 7 U.S.C. 1941 et seq. 25 U.S.C. 488 7 U.S.C. 1989 7 U.S.C. 1924 et seq. 25 U.S.C. 488 Provided For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm operating loans, $63,101,000 for direct operating loans, $14,770,000 for unsubsidized guaranteed operating loans, emergency loans, $856,000, to remain available until expended; and for individual development account grants, $2,500,000: Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $314,918,000, of which $306,998,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided Risk management agency For necessary expenses of the Risk Management Agency, $76,779,000: Provided Provided further, Corporations The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 Commodity credit corporation fund Reimbursement for net realized losses (including transfers of funds) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 Provided 15 U.S.C. 714i Hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) II Conservation programs Office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $898,000. Natural resources conservation service Conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $849,295,000, to remain available until September 30, 2016: Provided Provided further Provided further III Rural development programs Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $898,000. Rural development salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $228,898,000: Provided Provided further Provided further Rural housing service Rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $900,000,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $26,279,000 for section 504 housing repair loans; $28,432,000 for section 515 rental housing; $150,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $66,420,000 shall be for direct loans; section 504 housing repair loans, $3,687,000; and repair, rehabilitation, and new construction of section 515 rental housing, $9,812,000: Provided 2 U.S.C. 661 et seq. Provided further 42 U.S.C. 1490q Provided further, In addition, for the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $16,017,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $415,100,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,093,500,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided Provided further Provided further Provided further Provided further Multi-family housing revitalization program account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $28,000,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to remain available until expended. Rural housing assistance grants For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 Rural community facilities program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,200,000,000 for direct loans and $75,000,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $3,585,000, to remain available until expended. For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $28,745,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Public Law 106–387 Provided further Provided further, Rural business—Cooperative service Rural business program account (including transfers of funds) For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $78,527,000, to remain available until expended: Provided 7 U.S.C. 2009aa et seq. Provided further Provided further, Intermediary Relending Program Fund (including transfer of funds) For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund ( 7 U.S.C. 1936b For the cost of direct loans, $5,818,000, as authorized by the Intermediary Relending Program Fund ( 7 U.S.C. 1936b Public Law 100–460 Provided In addition, for administrative expenses to carry out the direct loan programs, $4,439,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Rural economic development loans program account (including rescission of funds) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $33,077,000. Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $158,000,000 shall not be obligated and $158,000,000 are rescinded. Rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 Provided Rural energy for america program For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $1,350,000: Provided Rural utilities service Rural water and waste disposal program account (including transfers of funds) For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $463,230,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided Provided further Public Law 105–83 Provided further Public Law 105–83 Provided further Provided further Provided further Provided further, 7 U.S.C. 918a Provided further 7 U.S.C. 918a Provided further Rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made pursuant to section 306 of that Act, rural electric, $5,000,000,000; guaranteed underwriting loans pursuant to section 313A, $500,000,000; 5 percent rural telecommunications loans, cost of money rural telecommunications loans, and for loans made pursuant to section 306 of that Act, rural telecommunications loans, $690,000,000: Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $34,478,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Distance learning, telemedicine, and broadband program For the principal amount of broadband telecommunication loans, $34,430,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. Provided Provided further For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $6,435,000, to remain available until expended: Provided In addition, $10,372,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. IV Domestic food programs Office of the under secretary for food, nutrition and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $816,000. Food and nutrition service Child nutrition programs (including transfers of funds) For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $20,497,000,000, to remain available through September 30, 2016, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided Provided further, Special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 Provided 42 U.S.C. 1786(h)(10) Provided further Provided further Provided further Supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. Provided Supplemental Nutrition Assistance Program Public Law 113–76 Provided further Provided further Provided further Provided further Provided further Public Law 113–79 Public Law 113–79 Provided further Provided further Public Law 113–79 Provided further Commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 Provided Provided further Provided further 7 U.S.C. 2036(a) Nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $155,000,000, of which $2,800,000 shall be transferred to and merged with the appropriation for Food and Nutrition Service, Commodity Assistance Program Provided Public Law 107–171 Public Law 110–246 V Foreign assistance and related programs Foreign agricultural service Salaries and expenses (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $182,797,000, of which no more than 6 percent will remain available until September 30, 2016, for overseas operations to include the payment of locally employed staff: Provided 7 U.S.C. 1737 Provided further Food for peace title i direct credit and food for progress program account (including transfers of funds) For administrative expenses to carry out the credit program of title I, Food for Peace Act (Public Law 83–480) and the Food for Progress Act of 1985, $2,528,000, shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses Provided Provided further Food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83–480, as amended), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,466,000,000, to remain available until expended: Provided 7 U.S.C. 1722(e)(1) Mcgovern-dole international food for education and child nutrition program grants For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 Provided Commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's export guarantee program, GSM 102 and GSM 103, $6,748,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,394,000 shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses Farm Service Agency, Salaries and Expenses VI Related agency and food and drug administration Department of health and human services Food and drug administration Salaries and expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 Public Law 107–188 Provided 21 U.S.C. 379h 21 U.S.C. 379j 21 U.S.C. 379j–42 21 U.S.C. 379j–52 21 U.S.C. 379j–12 21 U.S.C. 379j–21 21 U.S.C. 387s Provided further Provided further Provided further Provided further Provided further Provided further Provided further other activities Department of Health and Human Services—Office of Inspector General Provided further In addition, mammography user fees authorized by 42 U.S.C. 263b 21 U.S.C. 360n 21 U.S.C. 379j–31 21 U.S.C. 379j–62 21 U.S.C. 353(e)(3) Buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $8,788,000, to remain available until expended. Independent agency Farm credit administration Limitation on administrative expenses Not to exceed $65,100,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided Provided further VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 71 passenger motor vehicles of which 68 shall be for replacement only, and for the hire of such vehicles: Provided 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided Provided further 707. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) 708. Hereafter, notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. 709. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out section 307(b) of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 710. Except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural Development mission area, shall remain available through September 30, 2016, for information technology expenses. 711. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of liquid infant formula specified in 7 CFR 246.10 when issuing liquid infant formula to participants. 712. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 713. In the case of each program established or amended by the Agricultural Act of 2014 ( Public Law 113–79 (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 714. None of the funds made available in fiscal year 2015 or preceding fiscal years for programs authorized under the Food for Peace Act ( 7 U.S.C. 1691 et seq. Provided 715. Of the funds made available by this Act, not more than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 716. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided 7 U.S.C. 3310 15 U.S.C. 638 717. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided 718. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the following: (1) The Watershed Rehabilitation program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(1) (2) The Environmental Quality Incentives Program as authorized by sections 1240–1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,350,000,000. Of the funds available under section 1241(a)(5)(B) of such Act, $136,000,000 are hereby permanently cancelled. 719. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(vii) of section 14222 of Public Law 110–246 Provided Public Law 110–246 Provided further Public Law 110–246 Provided further Public Law 74–320 7 U.S.C. 612c Provided further Public Law 110–246 720. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2016 appropriations Act. 721. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–106 7 U.S.C. 2263 (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 722. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) 723. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, or the Farm Credit Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture, non-Department of Health and Human Services, or non-Farm Credit Administration employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 724. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 725. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 726. There is hereby appropriated $1,996,000 to carry out section 1621 of Public Law 110–246. 727. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55 728. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan by program, project, and activity for the funds made available under this Act, as outlined under the heading Program, Project, and Activity 729. Hereafter, the Secretary may charge a fee for lenders to access Department loan guarantee systems in connection with such lenders’ participation in loan guarantee programs of the Rural Housing Service: Provided Provided further 730. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is appropriated $4,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act ( 16 U.S.C. 1301–1311 731. (a) The Secretary of Agriculture and the Commissioner of the Food and Drug Administration shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such Department, agency, board, commission, or office during fiscal year 2015 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2015 for which the cost to the United States Government was more than $20,000, the head of any such Department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 732. (a) In general The Secretary of Health and Human Services, on behalf of the United States may hereafter, whenever the Secretary deems desirable, relinquish to the State of Arkansas all or part of the jurisdiction of the United States over the lands and properties encompassing the Jefferson Labs campus in the State of Arkansas that are under the supervision or control of the Secretary. (b) Terms Relinquishment of jurisdiction under this section may be accomplished, under terms and conditions that the Secretary deems advisable— (1) by filing with the Governor of the State of Arkansas a notice of relinquishment to take effect upon acceptance thereof; or (2) as the laws of such State may otherwise provide. (c) Definition In this section, the term Jefferson Labs campus (d) Agreement regarding jefferson county technology research and commercialization center (1) In general The Secretary may hereafter enter into an agreement with the State of Arkansas or an agency of such State or a public or private entity with respect to the establishment or operation of a technology research and commercialization center in Jefferson County, Arkansas, proximate to the Jefferson Labs campus. (2) Receipt and expenditure of funds Pursuant to such agreement, the Secretary may hereafter receive and retain funds from such entity and use such funds, in addition to such other funds as are made available by this act or future acts for the operation of the National Center for Toxicological Research, for the purposes listed in paragraph (3). Funds received from such entity shall be deemed to be appropriated for such purposes and shall remain available until expended. (3) Purposes (A) In general Funds described by paragraph (2) shall be available to defray— (i) the costs of creating, upgrading, and maintaining connections between such center and roads, communications facilities, and utilities that are on the Jefferson Labs campus; and (ii) the costs of upgrades, relocation, repair, and new constructions of roads, communications facilities, and utilities on such campus as may be necessary for such agreement. (B) Other acts For purposes of this and any subsequent Act, the operation of the National Center for Toxicological Research shall be deemed to include the purposes listed in subparagraph (A). 733. The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2015, an amount of funds made available in title III as follows: (a) with respect to funds under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Community Facilities Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account the set aside shall equal the amount obligated in REAP Zones with respect to funds provided under such headings during the 2008 fiscal year; and (b) with respect to funds under the headings of Rural Business Program Account, and Rural Housing Assistance Grants the set aside shall equal the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year funds were obligated under the heading. 734. In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health. 735. Hereafter, none of the funds appropriated by this or any other Act may be used to carry out section 401 of the Federal Meat Inspection Act ( 21 U.S.C. 679a 21 U.S.C. 471 736. The Secretary of Agriculture and the Secretary’s designees are hereby granted the same access to information and subject to the same requirements applicable to the Secretary of Housing and Urban Development as provided in section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) 42 U.S.C. 1472 737. There is hereby established in the Treasury of the United States a fund to be known as the Nonrecurring expenses fund Provided Provided further Provided further 738. There is hereby appropriated for the “Emergency Watershed Protection Program”, $109,978,000, to remain available until expended; for the Emergency Forestry Restoration Program Emergency Conservation Program Provided Emergency Watershed Protection Program Emergency Forestry Restoration Program 42 U.S.C. 5121 et seq. 739. The Secretary, within 180 days of enactment, shall conduct a pre-hearing, public information session patterned on Part 900 of the CFR to consider proposals developed within the Department or submitted by interested persons of alternatives to end product pricing formulae: Provided Provided further 740. None of the funds made available in this Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a Member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 741. The Secretary shall report to the Committee on rural housing loans provided under section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 (1) the total number of loans provided by the Secretary that are equal to or more than $500,000; (2) the total number of guarantees provided by the Secretary on loans with an original principal obligation that is equal to or more than $500,000; (3) the location, including the city and State, of each property for which the Secretary provided such a loan or loan guarantee; and (4) the number of loans and loan guarantees that have resulted in losses to the Secretary as a result of defaults, and the total amount of such losses. 742. None of the funds made available in this Act may be used for other than coach-class transportation accommodations (within the meaning given that term under the Federal Travel Regulation) by an agency that fails to submit the report relating to the use of other than coach-class transportation accommodations by the agency required under subpart B of part 300–70 of the Federal Travel Regulation for fiscal year 2015. 743. Of the unobligated balances provided pursuant to section 12033 and section 15101 of the Food, Conservation, and Energy Act of 2008, $125,000,000 are hereby rescinded. 744. (a) The Senate finds that— (1) October 20, 2014, marks the twentieth anniversary of the signing into law of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 (2) the Equity in Educational Land Grant Status Act of 1994 addresses the essential need for Native Americans to explore and adopt new and evolving technologies for managing tribal land, with the hope of continued improvement of reservation land; (3) the extension programs of the 1994 land-grant institutions strengthen communities through outreach programs designed to bolster economic development, community resources, family and youth development, natural resources development, agriculture, and health and nutrition education; (4) the 1994 land-grant institutions are helping to address the epidemic rates of diabetes and cardiovascular disease that plague Indian reservations through the promotion of healthful food systems and food science and nutrition education programs; and (5) the mission and successes of the 1994 land-grant institutions deserve national recognition. (b) It is the sense of the Senate that— (1) the outstanding contributions of the 1994 land-grant institutions to the work of the great land-grant system of the United States should be recognized; (2) expanded collaboration and cooperation within the land-grant system is encouraged to advance and sustain academic and community programs that serve all people of the United States; and (3) the people of the United States are encouraged to observe and celebrate the twentieth anniversary of the signing into law of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 745. (a) In general None of the funds made available by this or any other Act may be used to exclude or restrict, or to pay the salaries and expenses of personnel to exclude or restrict, the eligibility of any variety of fresh, whole, or cut vegetables, except for vegetables with added sugars, fats, or oils, from being provided under the Special Supplemental Nutrition Program for Women, Infants, and Children under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (b) Within 90 days of enactment of this Act the Secretary shall commence the next scheduled regular review of the Special Supplemental Nutrition Program for Women, Infants, and Children food package, including the nutrient value of all fresh fruits and vegetables. (c) If the review in subsection (b) recommends that a fresh fruit or vegetable shall be eligible for purchase under the Special Supplemental Nutrition Program for Women, Infants, and Children, none of the funds made available under this or any other subsequent Act may be used to exclude or restrict the eligibility of that variety of fresh fruit or vegetable, except for a fruit or vegetable with added sugars, fats, or oils, from being provided under the Special Supplemental Nutrition Program for Women, Infants, and Children under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (d) If the review in subsection (b) recommends that any fresh fruit or vegetable shall not be available for purchase under the Special Supplemental Nutrition Program for Women, Infants, and Children, subsection (a) shall expire upon the publication of the regularly scheduled review in the Federal Register. (e) The Secretary shall explain the results of the review conducted under subsection (b) in a report to the Senate Committee on Agriculture, Nutrition and Forestry and the House Committee on Education and Workforce, and the Committees on Appropriations in both Houses of Congress within 120 days after completion. 746. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel— (1) to inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 Public Law 104–127 (3) to implement or enforce section 352.19 747. (a) None of the funds appropriated or otherwise made available by this Act shall be used to implement, or to pay the salaries and expenses of personnel to implement, any regulations under the Richard B. Russell National School Lunch Act Child Nutrition Act of 1966 Public Law 111–296 section 220.8(f)(3) (b) (1) Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report that assesses whether there is an acceptable range of whole grain products currently available to allow schools to plan menus that are compliant with the whole grain requirements in effect as of July 1, 2014, as described in section 210.10 (2) If under paragraph (1), the Secretary determines a whole grain product to be of insufficient quantity or unacceptable quality, the Secretary shall identify alternative products that would be considered to meet the requirements until such time as the Secretary determines that whole grain products are of sufficient quantity and quality. (c) (1) Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report that contains a comprehensive plan to provide enhanced training and technical assistance to schools, school food authorities, and State agencies to meet the requirements of the final rule entitled Nutrition Standards in the National School Lunch and School Breakfast Programs (2) The plan shall include strategies to help schools reduce plate waste and maintain or improve participation in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 1773 This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2015 May 22, 2014 Read twice and placed on the calendar
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2015
Foster Care Tax Credit Act - Amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. Defines "qualifying foster child" as a child in foster care who has not attained age 17, who is a citizen, national, or resident of the United States, and with respect to whom the child tax credit is not allowable. Requires the name and taxpayer identification number of a foster child to be included on the taxpayer's tax return. Directs the Secretary of Health and Human Services (HHS) to identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions.
To amend the Internal Revenue Code of 1986 to create a tax credit for foster families. 1. Short title This Act may be cited as the Foster Care Tax Credit Act 2. Foster care tax credit (a) In general Subpart A of part IV of subchapter A of chapter 1 25E. Foster care tax credit (a) Allowance of credit With respect to each qualifying foster child of an eligible taxpayer, for each calendar month occurring during the taxable year that such child resides in the home of such taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 1/12 (b) Amount determined (1) In general The amount determined under this subsection with respect to an eligible taxpayer and a taxable year is— (A) $1,000, reduced by (B) $50 for each $1,000 (or fraction thereof) by which the eligible taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term modified adjusted gross income (2) Threshold amount For purposes of paragraph (1), the term threshold amount (c) Qualifying foster child For purposes of this section, the term qualifying foster child (1) who has not attained age 17, (2) who is a citizen, national, or resident of the United States, (3) who resides in the home of the eligible taxpayer for not less than 1 calendar month during the taxable year, and (4) with respect to whom the credit under section 24 is not allowable to the eligible taxpayer or any other taxpayer who would be an eligible taxpayer but for paragraph (3) of subsection (d). (d) Eligible taxpayer For purposes of this section, the term eligible taxpayer (1) no single household shall include more than 1 eligible taxpayer, (2) married individuals filing a joint return shall be treated as 1 eligible taxpayer, and (3) in the case of individuals not described in paragraph (2) who are members of the same household, only the taxpayer with the highest adjusted gross income for the taxable year shall be treated as an eligible taxpayer. (e) Calendar month For purposes of this section, if a foster child resides in the home of the taxpayer for more than 15 consecutive days of a calendar month but fewer than the total number of days in such calendar month, such foster child shall be treated as residing in the home of the taxpayer for the full calendar month. (f) Portion of credit refundable (1) In general The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of— (A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) (determined after any reduction of the credit under section 24(a) by reason of section 24(d)), or (B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection, and after any reduction of the credit under section 24(a) by reason of section 24(d)) would increase if the limitation imposed by section 26(a) were increased by the greater of— (i) 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $10,000, or (ii) in the case of a taxpayer with 3 or more qualifying foster children residing in the home of the taxpayer for all months in the taxable year (without regard to whether the same 3 children reside in the home of the taxpayer for all such months), the excess (if any) of— (I) the taxpayer's social security taxes for the taxable year, over (II) the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. (2) Social security taxes For purposes of paragraph (1), the term social security taxes (3) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2001, the $10,000 amount contained in paragraph (1)(B)(i) shall be adjusted in the same manner as the $10,000 amount under section 24(d)(1)(B) is adjusted under section 24(d)(3). (g) Identification requirement No credit shall be allowed under this section to an eligible taxpayer with respect to any qualifying foster child unless the taxpayer includes the name and taxpayer identification number of such qualifying foster child on the return of tax for the taxable year. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Foster care tax credit. . (c) Effective date The amendments made by this section shall apply to calendar months beginning after December 31, 2013, in taxable years beginning after such date. (d) Education The Secretary of Health and Human Services (or the Secretary's delegate), in coordination with the Secretary of the Treasury or such Secretary's delegate, shall identify provisions in the Internal Revenue Code of 1986 that can be used by or can benefit foster families, and shall increase outreach efforts to provide information and educational materials regarding such provisions to State and Indian tribal foster care agencies and to foster families.
Foster Care Tax Credit Act
21st Century Buy American Act - Deems articles, materials, or supplies as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such articles, materials, or supplies exceeds 60% of the total cost of all components of such articles, materials, or supplies. Prohibits the use of the overseas exception to Buy American requirements unless one of the following criteria is met: (1) the articles, materials, or supplies are needed on an urgent basis; (2) the articles, materials, or supplies are to be  purchased using a local supplier; or (3) a cost analysis demonstrates that the articles, materials, or supplies to be acquired would be more than 50% more expensive if made in the United States. Requires the head of a federal agency, in determining whether to apply the public interest exception to Buy American requirements, to: (1) consider the short-term and long-term effects of applying such exception on employment in the United States, and (2) determine that preserving or increasing employment in the United States is consistent with the public interest. Requires each federal agency that applies an exception or grants a waiver to Buy American requirements to submit to the Director of the Office of Management and Budget (OMB) a notification of such exception or waiver. Requires the Director to post such notification on the OMB website. Authorizes the Secretary of Defense (DOD) to establish and carry out a program to make or guarantee loans to certain business entities, up to $500,000 per entity, under the Defense Production Act. Specifies eligibility requirements for such entities, including requirements that such an entity is a manufacturer in the United States, is certified as eligible to apply for trade adjustment assistance, and meets criteria relating to the availability of an item.
To amend chapter 83 1. Short title This Act may be cited as the 21st Century Buy American Act 2. Increase of domestic content percentage to 60 percent Section 8301 (3) Substantially all Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 60 percent of the total cost of all components of such articles, materials, or supplies. . 3. Criteria required for use of overseas exception Section 8302 (c) Criteria for use of overseas exception (1) In general The exception under subsection (a)(2)(A) for articles, materials, or supplies to be acquired for use outside the United States may not be used unless one of the following criteria is met: (A) The articles, materials, or supplies are needed on an urgent basis. (B) The articles, materials, or supplies are to be purchased using a local supplier. (C) A cost analysis described in paragraph (2) demonstrates that the articles, materials, or supplies to be acquired (if acquired from a company manufacturing in the United States) would be more than 50 percent more expensive for the Federal agency acquiring the articles, materials, or supplies. (2) Cost analysis In any case in which articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis or are not to be purchased using a local supplier, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). . 4. Criteria required for use of public interest exception (a) Buy American Act Section 8302 (d) Criteria for use of public interest exception In determining whether a public interest exception shall be applied under subsection (a), the head of a Federal agency shall— (1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (b) Federal Transit Administration Funds Section 5323(j) (10) Criteria for use of public interest waiver In determining whether a public interest waiver shall be issued under paragraph (2)(A), the Secretary shall— (A) consider the short-term and long-term effects of applying such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, and goods concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (c) Federal Highway Administration Funds Section 313 (h) Criteria for use of public interest finding In determining whether a public interest finding shall be made under subsection (b)(1), the Secretary shall— (1) consider the short-term and long-term effects of making such finding on employment within the United States, taking into account information provided by entities that produce the materials or products concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (d) Amtrak funds Section 24305(f) (5) In deciding whether a public interest exemption shall be issued under paragraph (4)(A)(i), the Secretary shall— (A) consider the short-term and long-term effects of issuing such exemption on employment within the United States, taking into account information provided by entities that manufacture the articles, material, or supplies concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (e) Federal Railroad Administration High Speed Rail Program Funds Section 24405(a) (12) In determining whether a public interest waiver shall be granted under paragraph (2)(A), the Secretary shall— (A) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, or goods concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (f) Federal Aviation Administration Funds Section 50101 (d) Criteria for use of public interest waiver In determining whether a public interest waiver shall be granted under subsection (b)(1), the Secretary shall— (1) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel or goods concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (g) Water Pollution Prevention and Control Grants for construction of treatment works Section 1295 (1) by inserting (a) In general.— Notwithstanding (2) by adding at the end the following new subsection: (b) Criteria for use of public interest exception In determining whether a public interest exception shall be applied under subsection (a), the Administrator shall— (1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . 5. Transparency requirements (a) Requirement for agencies To notify OMB Each agency that applies an exception to, or grants a waiver under, chapter 83 (b) Requirement for Director of OMB To post on website Not later than 7 days after receiving a notification under subsection (a), the Director of the Office of Management and Budget shall post the notification on a central, publicly accessible website of the Office. (c) Definition of agency In this section, the term agency section 551 6. Loans and loan guarantees to domestic manufacturers under Defense Production Act (a) Program authorized The President, acting through the Secretary of Defense, may establish and carry out a program to make or guarantee loans under title III of the Defense Production Act (50 U.S.C. App. 2091 et seq.) to eligible entities in accordance with this section. (b) Eligibility requirements The Secretary of Defense shall establish eligibility requirements for purposes of the loans or loan guarantees under this section in order to provide assistance to any entity that— (1) is a manufacturer in the United States; (2) is a firm certified as eligible to apply for adjustment assistance under section 251(c) of the Trade Act of 1974 ( 19 U.S.C. 2341(c) (3) meets one of the following criteria: (A) The entity mines, produces, or manufactures a nonavailable item. (B) The entity is the last remaining manufacturer of an item in the United States, as determined by the Secretary of Defense, and can prove hardship because of foreign competition. (C) The entity is the last remaining manufacturer of an item in the United States and that item is considered to be vital for national security purposes by the Department of Defense or another department or agency of the United States. (c) Amount of loan or loan guarantee The amount of any loan made or guaranteed under this section may not exceed $5,000,000 per entity. (d) Use of funds Each eligible entity receiving a loan or loan guarantee under this section shall use the funds of the loan made or guaranteed only for one or more of the following purposes: (1) Increasing its ability to compete for a Government contract for a nonavailable item. (2) Increasing its ability to produce a nonavailable item. (3) Increasing its capacity to produce items that are vital to national security. (e) Application requirements To receive a loan or loan guarantee under this section, an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include a statement regarding the number of direct full-time domestic jobs expected to be created or retained as a result of the loan made or guaranteed, but such statement shall not be the sole factor used in determining the award of the loan or loan guarantee. (f) Annual evaluation of loan or loan guarantee recipients by Department of Defense The Secretary of Defense each year shall evaluate recipients of loans or loan guarantees under this section to determine the proper allocation of loan funds that are loaned or guaranteed. (g) Definition of nonavailable item In this section, the term nonavailable item (1) An article, material, or supply— (A) that has been determined by a Federal agency, pursuant to chapter 83 (B) that is listed on the list of nonavailable articles under subpart 25.104 of the Federal Acquisition Regulation. (2) An article or item— (A) that is described in section 2533a(b) (B) satisfactory quality and sufficient quantity of which cannot be procured as and when needed at United States market prices, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to section 2533a(c) of such title. (3) Compliant specialty metal— (A) as defined in section 2533b(b) (B) satisfactory quality and sufficient quantity of which, and in the required form, cannot be procured as and when needed, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to such section 2533b(b). (4) An item listed in subsection (a) of section 2534
21st Century Buy American Act
East Rosebud Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act to designate specified river segments of the East Rosebud Creek in Montana as components of the National Wild and Scenic Rivers System. Prohibits the inclusion of any private property within the boundaries of those segments.
To amend the Wild and Scenic Rivers Act to designate certain segments of East Rosebud Creek in Carbon County, Montana, as components of the Wild and Scenic Rivers System. 1. Short title This Act may be cited as the East Rosebud Wild and Scenic Rivers Act 2. Findings; purpose (a) Findings Congress finds that— (1) East Rosebud Creek is cherished by the people of Montana and visitors from across the United States for the clean water, spectacular natural setting, and outstanding recreational opportunities of the Creek; (2) recreational activities (including fishing, hunting, camping, paddling, hiking, rock climbing, and wildlife watching) on East Rosebud Creek and the surrounding land generate millions of dollars annually for the local economy; (3) East Rosebud Creek— (A) is a national treasure; (B) possesses outstandingly remarkable values; and (C) merits the high level of protection afforded by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) in order to maintain the benefits provided by the Creek, as described in paragraphs (1) and (2), for future generations to enjoy; and (4) designation of select public land segments of East Rosebud Creek under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the importance of maintaining the values of the Creek while preserving public access, respecting private property rights, allowing appropriate maintenance of existing infrastructure, and allowing historical uses of the Creek to continue. (b) Purpose The purpose of this Act is to designate East Rosebud Creek in the State of Montana as a component of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable scenic, wildlife, fishery recreational, geologic, and historical values of the Creek. 3. Designation of wild and scenic river segments (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) East Rosebud Creek, Montana The portions of East Rosebud Creek in the State of Montana, consisting of— (A) the 13-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the point at which the Creek enters East Rosebud Lake, including the stream reach between Twin Outlets Lake and Fossil Lake, to be administered by the Secretary of Agriculture as a wild river; and (B) the 7-mile segment on the Custer National Forest from immediately below, but not including, the outlet of East Rosebud Lake downstream to the point at which the Creek enters private property for the first time, to be administered by the Secretary of Agriculture as a recreational river. . (b) Exclusion of private property No private property shall be included within the boundaries of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). 4. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act).
East Rosebud Wild and Scenic Rivers Act
Servicemember Employment Protection Act of 2014 - Makes unenforceable any clause of an agreement between an employer and employee requiring arbitration of a dispute arising under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Provides an exception when both parties voluntarily agree to arbitration. Requires any issue as to whether such requirement applies to an arbitration clause to be determined by federal law and the validity or enforceability of an agreement to arbitrate to be determined by a court rather than an arbitrator. Protects, under USERRA, an individual who is absent from employment in order to receive medical or dental treatment for an injury or illness incurred or aggravated in the line of duty. Authorizes the suspension, termination, or debarment of federal contractors for repeated failures or refusals to comply with USERRA protections.
To amend title 38, United States Code, to improve the protection and enforcement of employment and reemployment rights of members of the uniformed services, and for other purposes. 1. Short title This Act may be cited as the Servicemember Employment Protection Act of 2014 2. Unenforceability of agreements to arbitrate disputes arising under USERRA (a) In general Subchapter III of chapter 43 4328. Unenforceability of agreements to arbitrate disputes (a) Protection of employee rights Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. (b) Exceptions (1) Subsection (a) shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration. (2) Subsection (a) shall not preclude the enforcement of any of the rights or terms of a valid collective bargaining agreement. (c) Validity and enforcement Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 (d) Application This section shall apply with respect to all contracts and agreements between an employer and an employee in force before, on, or after the date of the enactment of this section. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4327 the following new item: 4328. Unenforceability of agreements to arbitrate disputes. . (c) Application The provisions of section 4328 (1) any failure to comply with a provision of or any violation of chapter 43 (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. 3. Expansion of employment and reemployment rights of members of uniformed services to include protection for absences from employment for medical treatment relating to service-connected injuries and illnesses (a) In general Section 4303(13) of title 38, United States Code, is amended by inserting a period for which a person is absent from a position of employment for the purpose of medical or dental treatment for an injury or illness incurred or aggravated in line of duty during a period of service in the uniformed services, any such duty, (b) FMLA (1) Rule of construction For purposes of that section 4303(13) and each covered provision— (A) the reference in that section 4303(13) to a period for which a person is absent from a position of employment for the purpose of medical or dental treatment shall not be considered to be a reference to a period of leave under a covered provision; and (B) the person's employer shall not designate the period of absence as such a period of leave, unless the person requests and obtains the leave under the corresponding covered provision. (2) Definition In this subsection, the term covered provision (A) title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. chapter 5 (B) subchapter V of chapter 63 4. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services (a) In general Subchapter III of chapter 43 4329. Suspension, termination, or debarment of contractors (a) Grounds for suspension, termination, or debarment Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly failed or refused to comply with a provision of this chapter. (b) Conduct of suspension, termination, and debarment proceedings A contracting officer who determines in writing that cause for suspension of payments, termination, or suspension or debarment exists shall initiate an appropriate action, to be conducted by the agency concerned in accordance with applicable law, including Executive Order 12549 or any superseding Executive order, the Federal Acquisition Regulation, and any other regulations prescribed to implement the law or Executive order. (c) Effect of debarment A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years. . (b) Clerical amendment The table of sections at the beginning of chapter 43 of such title, as amended by section 2, is further amended by inserting after the item relating to section 4328, as added by such section, the following new item: 4329. Suspension, termination, or debarment of contractor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4329 (d) Effective date Section 4329
Servicemember Employment Protection Act of 2014
Sage Grouse Protection and Conservation Act - Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to give effect to a statewide conservation and management plan for the protection and recovery of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) from either California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, or Wyoming. Requires the appropriate Secretary to: hold for at least 10 years actions to list the species as endangered or threatened, the enforcement of the listing, and the designation of critical habitat for the species in that state; withdraw any land use planning activities related to federal management of the species on National Forest System lands and Bureau of Land Management (BLM) land within the state; and amend federal land use plans with respect to that state to comply with a state plan. Applies these requirements to states that submit a plan or have a plan previously endorsed by the U.S. Fish and Wildlife Service. Requires the appropriate Secretary to: (1) review statewide plans to determine if they are likely to conserve the species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 are no longer necessary; (2) approve or endorse, or make comments on, statewide plans; and (3) provide states with information and make personnel available to help with plans. Prohibits any proposed action pursuant to the National Environmental Policy Act (NEPA) that occurs within one of those states from being denied or restricted solely on the basis of such sage-grouse if the action is consistent with a state plan that has been submitted to the appropriate Secretary.
To require the Secretary of the Interior and the Secretary of Agriculture to provide certain Western States assistance in the development of statewide conservation and management plans for the protection and recovery of sage grouse species, and for other purposes. 1. Short title This Act may be cited as the Sage Grouse Protection and Conservation Act 2. Greater sage-grouse protection and conservation measures (a) Definitions In this section: (1) Covered western State The term covered western State (2) National Forest System land The term National Forest System land (3) Public land The term public land public lands 43 U.S.C. 1702 (4) Sage grouse species The term sage grouse species (5) Secretary The term Secretary (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. (6) Statewide plan The term statewide plan (b) Secretarial participation in State planning process (1) In general Not later than 30 days after receipt of notice from a covered western State that the State is initiating or has initiated development of a statewide conservation and management plan for the protection and recovery of the sage grouse species within the State, the Secretary shall provide to the Governor of that covered western State— (A) a commitment of the willingness of the Secretary to participate in the development; (B) a list of designees from the Department of the Interior or Department of Agriculture, as applicable, who shall represent the Secretary as a participant in the development; and (C) a list of other Federal departments that could be invited by the covered western State to participate. (2) Access to information Not later than 60 days after receipt of a notice described in paragraph (1) from the covered western State, the Secretary shall provide to the State all relevant scientific data, research, or information regarding sage grouse species and habitat within the State to appropriate State personnel to assist the State in the development. (3) Availability of Department personnel The Secretary shall make personnel from Department of the Interior agencies or Department of Agriculture agencies, respectively, available, on at least a monthly basis, to meet with officials of the State to develop or implement a statewide plan. (c) Contents of notice A notice under subsection (b) shall— (1) be submitted by a Governor of any covered western State; and (2) include— (A) an invitation for the Secretary to participate in development of the statewide plan; and (B) a commitment that, not later than 2 years after the submission of a notice under this section, the State shall present to the Secretary for review a 10-year (or longer) sage grouse species conservation and management plan for the entire State. (d) Review of State plan If the Secretary receives a statewide plan from a covered western State not later than 2 years after receiving a notice under subsection (b) from the State, the Secretary shall— (1) review the statewide plan using the best available science and data to determine if the statewide plan is likely— (A) to conserve the sage grouse species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) to conserve the habitat essential to conserve the sage grouse species within the State; and (2) approve or endorse, or make comments regarding, the statewide plan not later than 120 days after the date of submission. (e) Actions after statewide plan is submitted (1) Hold on certain actions Not later than 30 days after receipt of a statewide plan from a covered western State, the Secretary shall— (A) take necessary steps to place on hold— (i) for a period of not less than 10 years, all actions with respect to listing any sage grouse species in that State under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) enforcement of any current listing of sage grouse species within that State under that Act; and (iii) designation of any critical habitat for any sage grouse species within that State under that Act; and (B) withdraw any land use planning activities related to Federal management of sage grouse on Federal land within that State and take immediate steps to amend all Federal land use plans to comply with the statewide plan with respect to that State, if— (i) the State presents to the Secretary the conservation and management plan of the State not later than 2 years after the State submits notice to the Secretary under subsection (b); and (ii) the State is implementing the plan. (2) Actions pursuant to NEPA Any proposed action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that occurs within a covered western State may not be denied or restricted solely on the basis of a sage grouse species if the action is consistent with a statewide plan that has been submitted by the State to the Secretary. (f) Existing State plans The Secretary shall— (1) except as provided in paragraph (2), give effect to a statewide plan that is submitted by a covered western State and approved or endorsed by the United States Fish and Wildlife Service before the date of the enactment of this Act, in accordance with the terms of approval or endorsement of the plan by the United States Fish and Wildlife Service; and (2) for purposes of subsections (b)(3) and (e), treat a statewide plan described in paragraph (1) as a plan referred to in those subsections.
Sage Grouse Protection and Conservation Act
Repeals the Authorization for Use of Military Force Against Iraq Resolution of 2002.
To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. 1. Repeal of Authorization for Use of Military Force Against Iraq The Authorization for Use of Military Force Against Iraq Resolution of 2002 ( Public Law 107–243
A bill to repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.
Veteran Entrepreneurship and Training Opportunities Act of 2014 - Amends the Small Business Act to the repeal the requirement that the Associate Administrator for Veterans Business Development of the Small Business Administration (SBA) increase veteran outreach by ensuring that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the workshops of the Transition Assistance Program (TAP) of the Department of Labor (DOL). Establishes the Boots to Business Program under which the SBA Administrator shall provide entrepreneurship training to: members of the Armed Forces, individuals who separated from the Armed Forces during the one-year period ending on the date on which the individuals receive assistance under this Act, as well as their spouses or dependents. Requires the Administrator to make available electronically to the Secretary of Defense (DOD) all course materials created for this Program for inclusion in the TAP manual. Requires the Administrator to establish a Veteran Women Igniting the Spirit of Entrepreneurship Program to provide specific training for female members of the Armed Forces, veterans, or female spouses or dependents of Armed Forces members or veterans who are interested in exploring careers as small business owners. Requires the Administrator to establish an Entrepreneurship Bootcamp for Veterans with Disabilities Program to provide specific training for service-disabled veterans interested in exploring careers as small business owners. Directs the Associate Administrator to establish an online mechanism to assist, and coordinate and leverage the work of, veterans' assistance providers. Requires the Associate Administrator to establish a veterans' business outreach center program to provide financial assistance of between $100,000 and $300,000 per fiscal year to educational institutions, veterans' nonprofit community-based organizations, and federal, state, and local departments and agencies to conduct renewable five-year projects for the benefit of small businesses owned and controlled by veterans. Directs each assisted entity to establish a veterans' business outreach center to provide specific assistance to veterans, service-disabled veterans, and reservists, as well as their spouses, and the spouses of active duty members of the Armed Forces. Requires the Administrator to designate at least one individual in each SBA district as a veterans business ownership representative. Directs the Comptroller General (GAO) to: (1) report to specified congressional committees regarding the ability to access credit of small businesses owned and controlled by veterans, service-disabled veterans, reservists, as well as their spouses, or spouses of an Armed Forces member; and (2) evaluate the effectiveness of the veterans' business outreach center program after two years. Requires the Administrator to report to Congress at least annually: (1) discussing appointments made to, and activities of, an interagency task force established for small businesses owned and controlled by veterans and service-disabled veterans; and (2) identifying and outlining a plan for outreach and promotion of programs authorized under this Act.
To establish the veterans’ business outreach center program, to improve the programs for veterans of the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the Veteran Entrepreneurship and Training Opportunities Act of 2014 2. Veterans' business outreach center program; Office of Veterans Business Development (a) In general Section 32 of the Small Business Act ( 15 U.S.C. 657b (1) by striking subsection (d); (2) by striking subsection (f); (3) by redesignating subsection (e) as subsection (f); (4) by inserting after subsection (c) the following: (d) Boots to Business Program (1) Definitions In this subsection the term covered individual (A) a member of the Armed Forces; (B) an individual who separated from the Armed Forces during the 1-year period ending on the date on which the individual receives assistance under this subsection; and (C) a spouse or dependent of an individual described in subparagraph (A) or (B). (2) Establishment There is established a program to be known as the Boots to Business Program (3) Goals The goals of the Boots to Business Program are to— (A) provide exposure, introduction, and in-depth training for covered individuals interested in business ownership; and (B) provide covered individuals with the tools and knowledge necessary to identify a business opportunity, draft a business plan, connect with local small business resources, and launch a small business concern. (4) Program components (A) In general The Boots to Business Program may include— (i) a brief presentation providing exposure to the considerations involved in self employment and small business ownership; (ii) an in-person classroom instruction component providing an introduction to the foundations of self employment and small business ownership; and (iii) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan. (B) Collaboration The Administrator may— (i) collaborate with public and private entities to develop a course curriculum for the Boots to Business Program; and (ii) design the course curriculum to allow participants to receive college credit or a certificate through an educational institution upon completion of all components of the Boots to Business Program. (C) Availability to DOD The Administrator shall make available electronically all course materials created for the Boots to Business Program to the Secretary of Defense for inclusion in the Transition Assistance Program manual. (e) Veteran Women Igniting the Spirit of Entrepreneurship (1) Definition In this section, the term covered woman (A) is female; and (B) is— (i) a member of the Armed Forces; (ii) a veteran; or (iii) the spouse or dependent of a member of the Armed Forces or a veteran. (2) Establishment The Administrator shall establish a program, to be known as the Veteran Women Igniting the Spirit of Entrepreneurship Program, to provide specific training for covered women interested in exploring careers as owners of small business concerns. (3) Goals The goals of the Veteran Women Igniting the Spirit of Entrepreneurship Program are to— (A) help covered women by providing the tools to become successful entrepreneurs; and (B) integrate the leadership, integrity, focus, and drive of covered women into a premier education training program taught by accomplished entrepreneurs and entrepreneurship educators from across the United States. (4) Program components (A) In general The Veteran Women Igniting the Spirit of Entrepreneurship Program may include— (i) an online, self-study course focused on the basic skills of entrepreneurship and the language of business; (ii) a conference where participants are exposed to accomplished entrepreneurs and entrepreneurship educators from across the United States; and (iii) a plan to provide ongoing support and mentorship. (B) Collaboration The Administrator may collaborate with public and private entities to develop a course curriculum for the Veteran Women Igniting the Spirit of Entrepreneurship Program. ; and (5) by adding at the end the following: (g) Entrepreneurship bootcamp for veterans with disabilities Program (1) In general The Administrator shall establish a program, to be known as the Entrepreneurship Bootcamp for Veterans with Disabilities Program, to provide specific training for service-disabled veterans interested in exploring careers as owners of small business concerns. (2) Goals The goals of the Entrepreneurship Bootcamp for Veterans with Disabilities Program are to— (A) help service-disabled veterans by providing the tools to become successful entrepreneurs; and (B) integrate the leadership, integrity, focus, and drive of service-disabled veterans into a premier education training program taught by accomplished entrepreneurs and entrepreneurship educators from across the United States. (3) Program components (A) In general The Entrepreneurship Bootcamp for Veterans with Disabilities Program may include— (i) an online, self-study course focused on the basic skills of entrepreneurship and the language of business; (ii) a conference where participants are exposed to accomplished entrepreneurs and entrepreneurship educators from across the United States; and (iii) a plan to provide ongoing support and mentorship. (B) Collaboration The Administrator may collaborate with public and private entities to develop a course curriculum for the Entrepreneurship Bootcamp for Veterans with Disabilities Program. (h) Online Coordination (1) Definition In this subsection, the term veterans' assistance provider (A) a veterans' business outreach center established under subsection (i); (B) an employee of the Administration assigned to the Office of Veterans Business Development; or (C) a veterans business development officer designated under subsection (i)(11)(B). (2) Establishment The Associate Administrator shall establish an online mechanism to— (A) provide information that assists veterans' assistance providers in carrying out the activities of the veterans' assistance providers; and (B) coordinate and leverage the work of the veterans' assistance providers, including by allowing a veterans' assistance provider to— (i) distribute best practices and other materials; (ii) communicate with other veterans' assistance providers regarding the activities of the veterans' assistance provider on behalf of veterans; and (iii) pose questions to and request input from other veterans' assistance providers. (i) Veterans' Business Outreach Center Program (1) Definitions In this subsection— (A) the term active duty (B) the term Reservist section 10101 (C) the term small business concern owned and controlled by veterans (i) has the same meaning as in section 3(q); and (ii) includes a small business concern— (I) not less than 51 percent of which is owned by one or more spouses of 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 spouses of veterans; and (II) the management and daily business operations of which are controlled by one or more spouses of veterans; (D) the term spouse (E) the term veterans' business outreach center program (2) Program Established (A) In general The Administrator, acting through the Associate Administrator, shall establish a veterans’ business outreach center program, under which the Associate Administrator may provide financial assistance to educational institutions, veterans’ nonprofit community-based organizations, and Federal, State, and local departments and agencies to conduct a 5-year project for the benefit of small business concerns owned and controlled by veterans, which, upon application by the entity receiving financial assistance, may be renewed for one or more additional 5-year periods. (B) Form of Financial Assistance Financial assistance under this subsection may be in the form of a grant, a contract, or a cooperative agreement. (3) Veterans' business outreach centers Each entity that receives financial assistance under this subsection shall establish or operate a veterans' business outreach center (which may include establishing or operating satellite offices in the region described in paragraph (5) served by that entity) that provides to veterans (including service-disabled veterans), Reservists, and the spouses of members of the Armed Forces on active duty, veterans (including service-disabled veterans), and Reservists— (A) financial advice, including training and counseling on applying for and securing business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a small business concern; (B) management advice, including training and counseling on the planning, organization, staffing, direction, and control of each major activity and function of a small business concern; (C) marketing advice, including training and counseling on identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and using public relations and advertising techniques; and (D) advice, including training and counseling. (4) Application (A) In general An entity desiring to receive financial assistance under this subsection shall submit an application to the Associate Administrator at such time and in such manner as the Associate Administrator may require. (B) 5-year plan Each application described in subparagraph (A) shall include a 5-year plan on proposed fundraising and training activities relating to the veterans' business outreach center. (C) Determination and Notification Not later than 90 days after the date on which applications for a fiscal year are required to be submitted under subparagraph (A), the Associate Administrator shall approve or deny any application submitted and notify the applicant of the determination. (D) Availability of application The Associate Administrator shall make every effort to make the application under subparagraph (A) available online. (5) Eligibility The Associate Administrator may select to receive financial assistance under this subsection— (A) a Veterans Business Outreach Center established by the Administrator under section 8(b)(17) on or before the day before the date of enactment of this subsection; or (B) educational institutions, veterans’ nonprofit community-based organizations, and Federal, State, and local departments and agencies located in various regions of the United States, as the Associate Administrator determines is appropriate. (6) Selection criteria (A) In general The Associate Administrator shall establish selection criteria, stated in terms of relative importance, to evaluate and rank applicants under paragraph (5)(B) for financial assistance under this subsection. (B) Criteria The selection criteria established under this paragraph shall include— (i) the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of veterans (including service-disabled veterans), Reservists, and the spouses of members of the Armed Forces on active duty, veterans (including service-disabled veterans), and Reservists who own or may own small business concerns; (ii) for an applicant for initial financial assistance under this subsection— (I) the ability of the applicant to begin operating a veterans' business outreach center within a minimum amount of time; and (II) the geographic region to be served by the veterans' business outreach center; (iii) the demonstrated ability of the applicant to— (I) provide managerial counseling and technical assistance to entrepreneurs; and (II) coordinate services provided by veterans services organizations and other public or private entities; (iv) the ability to leverage and coordinate with existing resources and infrastructure of the Administration; and (v) for any applicant for a renewal of financial assistance under this subsection, the results of the most recent examination under paragraph (10) of the veterans' business outreach center operated by the applicant. (C) Criteria publicly available The Associate Administrator shall— (i) make publicly available the selection criteria established under this paragraph; and (ii) include the criteria in each solicitation for applications for financial assistance under this subsection. (7) Amount of assistance The amount of financial assistance provided under this subsection to an entity for each fiscal year shall be— (A) not less than $100,000; and (B) not more than $300,000. (8) Federal share (A) In general (i) Initial financial assistance Except as provided in clause (ii) and subparagraph (E), an entity that receives financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans' business outreach center established by the entity in an amount equal to— (I) in each of the first and second years of the project, not less than 33 percent of the amount of the financial assistance received under this subsection; and (II) in each of the third through fifth years of the project, not less than 50 percent of the amount of the financial assistance received under this subsection. (ii) Renewals An entity that receives a renewal of financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans' business outreach center established by the entity in an amount equal to not less than 50 percent of the amount of the financial assistance received under this subsection. (B) Form of non-federal share Not more than 50 percent of the non-Federal share for a project carried out using financial assistance under this subsection may be in the form of in-kind contributions. (C) Timing of disbursement The Associate Administrator may disburse not more than 25 percent of the financial assistance awarded to an entity before the entity obtains the non-Federal share required under this paragraph with respect to that award. (D) Failure to obtain non-federal funding (i) In general If an entity that receives financial assistance under this subsection fails to obtain the non-Federal share required under this paragraph during any fiscal year, the entity may not receive a disbursement under this subsection in a subsequent fiscal year or a disbursement for any other project funded by the Administration, unless the Administrator makes a written determination that the entity will be able to obtain a non-Federal contribution. (ii) Restoration An entity prohibited from receiving a disbursement under clause (i) in a fiscal year may receive financial assistance in a subsequent fiscal year if the entity obtains the non-Federal share required under this paragraph for the subsequent fiscal year. (E) Waiver of non-Federal share (i) In general Upon request by an entity, and in accordance with this subparagraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under subparagraph (A) for a fiscal year. The Administrator may not waive the requirement for an entity to obtain non-Federal funds under this subparagraph for more than a total of 2 fiscal years. (ii) Considerations In determining whether to waive the requirement to obtain non-Federal funds under this subparagraph, the Administrator shall consider— (I) the economic conditions affecting the entity; (II) the impact a waiver under this subparagraph would have on the credibility of the veterans' business outreach center program; (III) the demonstrated ability of the entity to raise non-Federal funds; and (IV) the performance of the entity. (iii) Limitation The Administrator may not waive the requirement to obtain non-Federal funds under this subparagraph if granting the waiver would undermine the credibility of the veterans' business outreach center program. (9) Contract authority A veterans’ business outreach center may enter into a contract with a Federal department or agency to provide specific assistance to veterans, service-disabled veterans, Reservists, or the spouses of members of the Armed Forces on active duty, veterans, service-disabled veterans, or Reservists with prior written approval of the Associate Administrator. Performance of such contract shall not hinder the veterans’ business outreach center in carrying out the terms of the grant received by the veterans’ business outreach center from the Administrator. (10) Examination and determination of performance (A) Examination (i) In general Not later than 180 days after the date of enactment of this subsection and every year thereafter, the Associate Administrator shall conduct an annual examination of the programs and finances of each veterans’ business outreach center established or operated using financial assistance under this subsection. (ii) Factors In conducting the examination under clause (i), the Associate Administrator shall consider whether the veterans' business outreach center has failed— (I) to provide the information required to be provided under subparagraph (B), or the information provided by the center is inadequate; (II) to comply with a requirement for participation in the veterans' business outreach center program, as determined by the Associate Administrator, including— (aa) failure to acquire or properly document a non-Federal share; (bb) failure to establish an appropriate partnership or program for marketing and outreach to small business concerns; (cc) failure to achieve results described in a financial assistance agreement; and (dd) failure to provide to the Administrator a description of the amount and sources of any non-Federal funding received by the center; (III) to carry out the 5-year plan under in paragraph (4)(B); (IV) to meet the eligibility requirements under paragraph (5); or (V) to serve small business concerns in the geographic region served by the veterans' business outreach center. (B) Information provided In the course of an examination under subparagraph (A), the veterans' business outreach center shall provide to the Associate Administrator— (i) an itemized cost breakdown of actual expenditures for costs incurred during the most recent full fiscal year, including the amount spent on administrative expenses; (ii) documentation of the amount of non-Federal contributions obtained and expended by the veterans' business outreach center during the most recent full fiscal year; (iii) with respect to any in-kind contribution under paragraph (8)(B), verification of the existence and valuation of such contribution; and (iv) any additional information the Associate Administrator determines necessary. (C) Determination of performance (i) In general The Associate Administrator shall analyze the results of each examination under subparagraph (A) and, based on that analysis, make a determination regarding the performance of the programs and finances of each veterans' business outreach center. (ii) Nondelegation of determination The duty under clause (i) to make a determination regarding the performance of the programs and finances of a veterans' business outreach center may not be delegated. (D) Discontinuation of funding (i) In general The Associate Administrator may discontinue an award of financial assistance to an entity at any time for poor performance as determined under subparagraph (C). (ii) Restoration The Associate Administrator may continue to provide financial assistance to an entity in a subsequent fiscal year if the Associate Administrator determines under subparagraph (C) that the veterans' business outreach center has taken appropriate measures to improve its performance and it is viable. (11) Coordination of efforts and consultation (A) Coordination and consultation To the extent practicable, the Associate Administrator and each entity that receives financial assistance under this subsection shall— (i) coordinate outreach and other activities with other programs of the Administration and the programs of other Federal agencies; (ii) consult with technical representatives of the district offices of the Administration in carrying out activities using financial assistance under this subsection; and (iii) provide information to the veterans business development officers designated under subparagraph (B) and coordinate with the veterans business development officers to increase the ability of the veterans business development officers to provide services throughout the area served by the veterans business development officers. (B) Veterans business development officers (i) Designation The Administrator shall designate not fewer than one individual in each district office of the Administration as a veterans business development officer, who shall communicate and coordinate activities of the district office with entities that receive financial assistance under this subsection. (ii) Initial designation The first individual in each district office of the Administration designated by the Administrator as a veterans business development officer under clause (i) shall be an individual that is employed by the Administration on the date of enactment of this subsection. (12) Existing contracts An award of financial assistance under this subsection shall not void any contract between any entity and the Administration that is in effect on the date of such award. (j) Authorization of appropriations There are authorized to be appropriated— (1) to carry out subsection (d), $7,000,000 for each of fiscal years 2015 through 2019; (2) to carry out subsection (e), $500,000 for each of fiscal years 2015 through 2019; (3) to carry out subsection (g), $450,000 for each of fiscal years 2015 through 2019; and (4) to carry out subsection (i)— (A) $3,000,000 for fiscal year 2015; (B) $3,500,000 for fiscal year 2016; (C) $4,000,000 for fiscal year 2017; (D) $4,500,000 for fiscal year 2018; and (E) $5,000,000 for fiscal year 2019. (k) Reports Not later than 180 days after the date of enactment of this subsection and every year thereafter, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report, which may be included as part of another report submitted to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives by the Associate Administrator, and which shall include the following: (1) Boots to business For the Boots to Business Program under subsection (d)— (A) the number of program participants using each component of the Boots to Business Program; (B) the completion rates for each component of the Boots to Business Program; (C) the demographics of program participants, to include gender, age, race, relationship to military, and years of service; (D) to the extent possible— (i) the number of small business concerns formed or expanded with assistance under the Boots to Business Program; (ii) the gross receipts of small business concerns receiving assistance under the Boots to Business program; and (iii) the number of jobs created with assistance under the Boots to Business program; (E) the number of referrals to other resources and programs of the Administration; (F) the number of program participants receiving financial assistance under loan programs of the Administration; (G) the type and dollar amount of financial assistance received by program participants under loan programs of the Administration; (H) results of participant satisfaction surveys, including a summary of any comments received from program participants; (I) the range of percentage of disability and the average percentage of disability, as identified by the Department of Veterans Affairs, of program participants; (J) an evaluation of the effectiveness of the program in each region of the Administration during the most recent fiscal year; (K) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Associate Administrator; (L) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals; (M) a discussion of how the Boots to Business program has been integrated with other resources and programs of the Administration; and (N) any additional information the Administrator determines necessary. (2) Veteran women igniting the spirit of entrepreneurship For the Veteran Women Igniting the Spirit of Entrepreneurship Program under subsection (e)— (A) the number of program participants using each component of the Veteran Women Igniting the Spirit of Entrepreneurship Program; (B) the completion rates for each component of the Veteran Women Igniting the Spirit of Entrepreneurship Program; (C) the demographics of program participants, to include gender, age, race, relationship to military, and years of service; (D) to the extent possible— (i) the number of small business concerns formed or expanded with assistance under the Veteran Women Igniting the Spirit of Entrepreneurship Program; (ii) the gross receipts of small business concerns receiving assistance under the Veteran Women Igniting the Spirit of Entrepreneurship Program; and (iii) the number of jobs created with assistance under the Veteran Women Igniting the Spirit of Entrepreneurship Program; (E) the number of referrals to other resources and programs of the Administration; (F) the number of program participants receiving financial assistance under loan programs of the Administration; (G) the type and dollar amount of financial assistance received by program participants under loan programs of the Administration; (H) the results of participant satisfaction surveys, including a summary of any comments received from program participants; (I) the range of percentage of disability and the average percentage of disability, as identified by the Department of Veterans Affairs, of program participants; (J) an assessment of additional performance outcome measures for the Veteran Women Igniting the Spirit of Entrepreneurship Program, as identified by the Associate Administrator; (K) any recommendations of the Administrator for improvement of the Veteran Women Igniting the Spirit of Entrepreneurship Program; (L) a discussion of how the Veteran Women Igniting the Spirit of Entrepreneurship Program has been integrated with other resources and programs of the Administration; and (M) any additional information the Administrator determines necessary. (3) Entrepreneurship bootcamp for veterans with disabilities program For the Entrepreneurship Bootcamp for Veterans with Disabilities Program under subsection (g)— (A) the number of program participants using each component of the Entrepreneurship Bootcamp for Veterans with Disabilities Program; (B) the completion rates for each component of the Entrepreneurship Bootcamp for Veterans with Disabilities Program; (C) the demographics of program participants, to include gender, age, race, relationship to military, and years of service; (D) to the extent possible— (i) the number of small business concerns formed or expanded with assistance under the Entrepreneurship Bootcamp for Veterans with Disabilities Program; (ii) the gross receipts of small business concerns receiving assistance under the Entrepreneurship Bootcamp for Veterans with Disabilities Program; and (iii) the number of jobs created with assistance under the Entrepreneurship Bootcamp for Veterans with Disabilities Program; (E) the number of referrals to other resources and programs of the Administration; (F) the number of program participants receiving financial assistance under loan programs of the Administration; (G) the type and dollar amount of financial assistance received by program participants under loan programs of the Administration; (H) the results of participant satisfaction surveys, including a summary of any comments received from program participants; (I) the range of percentage of disability and the average percentage of disability, as identified by the Department of Veterans Affairs, of program participants; (J) an assessment of additional performance outcome measures for the Entrepreneurship Bootcamp for Veterans with Disabilities Program, as identified by the Associate Administrator; (K) any recommendations of the Administrator for improvement of the Entrepreneurship Bootcamp for Veterans with Disabilities Program; (L) a discussion of how the Entrepreneurship Bootcamp for Veterans with Disabilities Program has been integrated with other resources and programs of the Administration; and (M) any additional information the Administrator determines necessary. (4) Veterans’ business outreach center program For the veterans’ business outreach center program under subsection (i)— (A) an evaluation of the effectiveness of the veterans’ business outreach center program in each region of the Administration during the most recent full fiscal year; (B) for each veterans’ business outreach center established or operated using financial assistance provided under subsection (i)— (i) the number of individuals receiving assistance from the veterans’ business outreach center, including the number of such individuals who are— (I) veterans or spouses of veterans; (II) service-disabled veterans or spouses of service-disabled veterans; (III) Reservists or spouses of Reservists; or (IV) spouses of members of the Armed Forces on active duty; (ii) the number of small business concerns formed by individuals receiving assistance from the veterans’ business outreach center, including— (I) veterans or spouses of veterans; (II) service-disabled veterans or spouses of service-disabled veterans; (III) Reservists or spouses of Reservists; or (IV) spouses of members of the Armed Forces on active duty; (iii) to the extent possible— (I) the gross receipts of small business concerns receiving assistance from the veterans’ business outreach center; (II) the employment increases or decreases of small business concerns receiving assistance from the veterans’ business outreach center; and (III) the increases or decreases in profits of small business concerns receiving assistance from the veterans’ business outreach center; (iv) the number of referrals by the veterans’ business outreach center to other resources and programs of the Administration; (v) the results of satisfaction surveys, including a summary of any comments received from small business concerns receiving assistance from the veterans’ business outreach center; (vi) the range of percentage of disability and the average percentage of disability, as identified by the Department of Veterans Affairs, of individuals receiving assistance from the veterans’ business outreach center; (vii) the number of small business concerns receiving assistance from the veterans’ business outreach center that received financial assistance under loan programs of the Administration; (viii) the type and dollar amount of financial assistance received under loan programs of the Administration by small business concerns receiving assistance from the veterans’ business outreach center; (ix) an assessment of additional performance outcome measures for the veterans’ business outreach center, as identified by the Associate Administrator; (x) whether the Administrator waived, in whole or in part, the requirement to obtain non-Federal funds under subsection (i)(8) and, if so, the justification for the waiver; and (xi) the results of the examination of the veterans’ business outreach center under subsection (i)(10); (C) any recommendations of the Administrator for improvement of the veterans’ business outreach center program; (D) a discussion of how the veterans’ business outreach center program has been integrated with other resources and programs of the Administration; and (E) any additional information the Administrator determines necessary. (5) Other activities and programs administered by the office of veterans business development An evaluation of the effectiveness of any other activities and programs administered by the Office of Veterans Business Development, including using the metrics identified in paragraphs (1) through (4). . (b) GAO Reports (1) Definitions In this subsection— (A) the term covered individual (i) a veteran; (ii) a service-disabled veteran; (iii) a Reservist; (iv) the spouse of an individual described in clause (i), (ii), or (iii); or (v) the spouse of a member of the Armed Forces; (B) the terms Reservist veterans’ business outreach center program (C) the terms service-disabled veteran small business concern veteran (2) Report on access to credit (A) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report regarding the ability of small business concerns owned and controlled by covered individuals to access credit to— (i) the Committee on Veterans' Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Veterans' Affairs and the Committee on Small Business of the House of Representatives. (B) Contents The report submitted under subparagraph (A) shall include an analysis of— (i) the sources of credit used by small business concerns owned and controlled by covered individuals and the percentage of the credit obtained by small business concerns owned and controlled by covered individuals that is obtained from each source; (ii) the default rate for small business concerns owned and controlled by covered individuals separately for each source of credit described in clause (i), as compared to the default rate for the source of credit for small business concerns generally; (iii) the Federal lending programs available to provide credit to small business concerns owned and controlled by covered individuals; (iv) gaps, if any, in the availability of credit for small business concerns owned and controlled by covered individuals that are not being filled by the Federal Government or private sources; (v) obstacles faced by covered individuals in trying to access credit; (vi) the extent to which deployment and other military responsibilities affect the credit history of veterans and Reservists; and (vii) the extent to which covered individuals are aware of Federal programs targeted towards helping covered individuals access credit. (3) Report on veterans’ business outreach center program (A) In general Not later than 60 days after the end of the second fiscal year beginning after the date on which the veterans’ business outreach center program is established, the Comptroller General of the United States shall evaluate the effectiveness of the veterans’ business outreach center program, and submit to Congress a report on the results of that evaluation. (B) Contents The report submitted under subparagraph (A) shall include— (i) an assessment of— (I) the use of amounts made available to carry out the veterans’ business outreach center program; (II) the effectiveness of the services provided by each entity receiving financial assistance under the veterans’ business outreach center program; (III) whether the services described in subclause (II) are duplicative of services provided by other veteran service organizations, programs of the Small Business Administration, or programs of another Federal department or agency and, if so, recommendations regarding how to alleviate the duplication of the services; and (IV) whether there are areas of the United States in which there are not adequate entrepreneurial services for small business concerns owned and controlled by veterans and, if so, whether there is a veterans' business outreach center established under the veterans’ business outreach center program providing services to that area; and (ii) recommendations, if any, for improving the veterans’ business outreach center program. 3. Reporting requirement for interagency task force Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: (4) Report Not less frequently than once each year, the Administrator shall submit to Congress a report— (A) discussing the appointments made to and activities of the task force; and (B) identifying and outlining a plan for outreach and promotion of all the programs authorized under the Veteran Entrepreneurship and Training Opportunities Act of 2014 .
Veteran Entrepreneurship and Training Opportunities Act of 2014
Federal Adjustment of Income Rates Act of 2014 or the FAIR Act - Increases by 3.3% in FY2015 the rate of basic pay for federal employees under the statutory pay systems (relating to the General Schedule, the U.S. Foreign Service, and the Veterans Health Administration) and for prevailing rate employees.
To increase the rates of pay under the General Schedule and other statutory pay systems and for prevailing rate employees by 3.3 percent, and for other purposes. 1. Short title This Act may be cited as the Federal Adjustment of Income Rates Act of 2014 FAIR Act 2. Adjustment to rates of pay (a) Statutory pay systems The adjustment in rates of basic pay for employees under the statutory pay systems (as defined in section 5302 section 5303 (b) Prevailing rate employees The adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2015 under sections 5344 5348 Rest of US section 5304
FAIR Act
Automaker Accountability Act of 2014 - Revises civil penalties for violation of federal motor vehicle safety requirements, and subjects to them also persons who cause such a violation. Repeals current maximum penalties. Increases civil penalties for violations: (1) from $5,000 to $25,000 per violation; (2) from $10,000 to $100,000, maximum, for the manufacture, sale, introduction into commerce, or importation of a school bus or school bus equipment that does not comply with federal motor vehicle requirements; and (3) from $5,000 to $25,000 per violation per day for a person who fails or refuses to perform an act pursuant to specified inspection, investigation, and record-keeping requirements pertaining to defective or noncompliant motor vehicles or motor vehicle equipment.
To amend a provision of title 49, United States Code, relating to motor vehicle safety civil penalties. 1. Short title This Act may be cited as the Automaker Accountability Act of 2014 2. Motor vehicle civil penalties Section 30165(a) (1) in paragraph (1)— (A) in the first sentence— (i) by inserting or causes the violation of violates (ii) by striking $5,000 $25,000 (B) by striking the third sentence; (2) in paragraph (2)— (A) in subparagraph (A), by striking $10,000 $100,000 (B) in subparagraph (B), by striking the second sentence; and (3) in paragraph (3)— (A) in the first sentence, by inserting or causes the violation of violates (B) in the second sentence, by striking $5,000 $25,000 (C) by striking the third sentence.
Automaker Accountability Act of 2014
Native Voting Rights Act of 2014 - Amends the Voting Rights Act of 1965 to make an individual's unexpired tribal identification document issued by an Indian tribe or Native Corporation a valid form of identification in states and political subdivisions that require an individual to present a valid form of identification to vote or register to vote. Authorizes the Attorney General (DOJ) to bring actions against such jurisdictions for declaratory judgement or injunctive relief if the Attorney General finds a disparity between in-person voting opportunities for Indians and in-person voting opportunities for non-Indians. Prohibits states and political subdivisions, without obtaining court approval or the nonobjection of the Attorney General, from: eliminating an Indian reservation's sole polling place or voter registration site; moving or consolidating a polling place or voter registration site one mile or more from the existing polling place or registration site on an Indian reservation; moving or consolidating a polling place or voter registration site on an Indian reservation across a natural boundary such that travel becomes difficult for a voter, regardless of distance; eliminating in-person voting on an Indian reservation by designating the reservation a permanent absentee voting location, unless the entire state is or becomes such a location; removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation; and decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on such reservation. Authorizes the Attorney General to assign federal observers to elections on an Indian reservation if the applicable tribe: (1) requests such observers, and (2) provides the Attorney General with a written complaint that efforts to deny or abridge the right to vote may occur on such reservation. Terminates the assignment of such observers after the end of the next presidential election. Provides that if the applicable language of a minority group is not oral or unwritten when voting materials or information become available, states and political subdivisions must provide that material or information in the language of the minority group and in English. Requires federal election observer's reports to be made available to the public within six months after they are submitted to the Attorney General. Directs the Attorney General, to the extent practicable, to consult annually with tribal organization regarding Indian voting issues.
To safeguard the voting rights of Native American and Alaska Native voters and to provide the resources and oversight necessary to ensure equal access to the electoral process. 1. Short title This Act may be cited as the Native Voting Rights Act of 2014 2. Tribal identification; Actions for a disparity in availability of polling places Section 2 of the Voting Rights Act ( 42 U.S.C. 1973 (c) If a State or political subdivision requires an individual to present a valid form of identification for the purposes of voting, including registering to vote, an individual's unexpired tribal identification document issued by an Indian tribe (including a tribal identification document issued by a Native Corporation, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (d) (1) (A) The Attorney General may institute in the name of the United States actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief if the Attorney General finds, at the discretion of the Attorney General, a disparity between in-person voting opportunities for members of an Indian tribe as compared to in-person voting opportunities for individuals who are not members of an Indian tribe. (B) Such injunctive relief shall include measures to reduce such disparity by increasing the availability of polling places. (2) The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. There shall be a presumption that such disparity results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2). (3) Notwithstanding paragraphs (1) and (2), an aggrieved person may bring an action described in paragraph (1)(A). The provisions of paragraph (2) shall apply to such action. . 3. Protections relating to polling places on Indian reservations (a) Section 4 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973b (g) Protections relating to Indian reservations (1) In General No State or political subdivision shall carry out any of the following activities unless that State or political subdivision obtains the approval of the court or the nonobjection of the Attorney General under section 5(a): (A) Eliminating the only polling place or voter registration site on an Indian reservation. (B) Moving or consolidating a polling place or voter registration site 1 mile or further from the existing location of the polling place or voter registration site on an Indian reservation. (C) Moving or consolidating a polling place on an Indian reservation across a river, lake, mountain, or other natural boundary such that it makes travel difficult for a voter, regardless of distance. (D) Eliminating in-person voting on an Indian reservation by designating an Indian reservation as a permanent absentee voting location, unless the entire State is or becomes a permanent absentee voting State. (E) Removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation. (F) Decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on an Indian reservation. (2) Definition For purposes of this subsection, the term Indian reservation . (b) Section 5(a) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973c(a) (1) in the first sentence, by inserting or whenever a State or political subdivision shall enact or seek to administer any of the activities described in subsection (g) of section 4 November 1, 1972, (2) by striking or procedure procedure, or activity 4. Federal election oversight on Indian reservations Section 8 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (2) in subsection (c), as redesignated by paragraph (1) of this section, by striking subsection (c), such observers subsection (d), the observers described in this section (3) by inserting after subsection (a) the following: (b) The Attorney General may authorize Federal observers for elections that occur on an Indian reservation, as defined under section 203, if the Attorney General has received from a tribal organization— (1) a written complaint that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), may occur on an Indian reservation; and (2) a request for the authorization of Federal observers for elections that occur on that Indian reservation. . 5. Termination of Election Observers Section 13(a) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973k(a) (1) in paragraph (1)— (A) by striking section 8 subsection (a) of section 8 (B) by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) with respect to observers appointed pursuant to subsection (b) of section 8, after the end of the next general election for the office of President. . 6. Definitions Section 14(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973l(c) (4) The terms Indian tribe tribal organization 25 U.S.C. 450b (5) The term member of an Indian tribe 25 U.S.C. 450b 43 U.S.C. 1602 . 7. Bilingual election requirements; Definition of Indian reservation Section 203 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973aa–1a (1) in subsection (b)(3)(C), by striking 1990 2010 (2) in subsection (c), by striking or in the case of Alaskan natives and American Indians, if the predominant language is historically unwritten (as of the date on which the materials or information is provided) 8. Election observer transparency The Attorney General shall make publicly available the reports of Federal election observers appointed in accordance with section 8 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f 9. Tribal voting consultation The Attorney General shall, to the extent practicable, consult annually with tribal organizations regarding issues relating to voting for members of an Indian tribe.
Native Voting Rights Act of 2014
Field EMS Innovation Act - Amends the Public Health Service Act to designate the Department of Health and Human Services (HHS) as the primary federal agency for emergency medical services (EMS) and trauma care. Establishes the Office of Emergency Medical Services and Trauma (or Office of EMS and Trauma) within HHS. Gives the Office responsibilities related to emergency medical services and authorizes the Secretary of HHS to delegate additional responsibilities related to EMS. Requires the Director of the Office to: (1) implement a national EMS strategy; (2) establish the EQUIP grant program to promote excellence, quality, universal access, innovation, and preparedness in field EMS; and (3) establish the SPIA grant program to improve EMS system performance, integration, and accountability, to ensure preparedness, to enhance oversight and data collection, and to promote standardization of certifications. Defines "field EMS" to mean emergency medical services provided to patients (including transport by ground, air, or otherwise) prior to or outside a medical facility or other clinical setting. Requires the Director to improve medical oversight of field EMS, including by: (1) promoting the development and adoption of national guidelines for medical oversight, and (2) convening a Field EMS Medical Oversight Advisory Committee. Directs the Comptroller General (GAO) to study issues related to emergency medical care in field EMS. Authorizes the Administrator of the National Highway Traffic Safety Administration (NHTSA) to maintain, improve, and expand the National EMS Information System. Sets forth reporting requirements relating to data collection and electronic health records. Declares that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall not be construed to prohibit certain exchanges of information between field EMS practitioners, hospital personnel, state EMS offices, and the National EMS Database. Requires the Secretary to establish guidelines for the exchange of information between field EMS practitioners and hospital personnel. Authorizes the Director of the Office to make grants for the development, availability, and dissemination of field EMS education programs and courses that improve the quality and capability of field EMS personnel. Requires the Director to conduct or support demonstrations projects relating to alternative dispositions of field EMS patients. Amends title XI (General Provisions, Peer Review, and Administrative Simplification) of the Social Security Act to include field EMS as a model for testing by the Center for Medicare and Medicaid Innovation. Amends the Public Health Service Act to require the Secretary to conduct research and evaluation relating to field EMS through the Agency for Healthcare Research and Quality (AHRQ) and the Center for Medicare and Medicaid Innovation. Requires the Director of AHRQ to establish a Field EMS Evidence-Based Practice Center. Amends the Internal Revenue Code to: (1) establish the Emergency Medical Services Trust Fund, and (2) allow taxpayers to designate a portion of any income tax overpayment and make additional contributions to finance such Fund.
To provide for improvement of field emergency medical services, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Field EMS Innovation Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Recognition of HHS as primary Federal agency for emergency medical services and trauma care. Sec. 4. Emergency medical services. Sec. 5. Enhancing research in field EMS. Sec. 6. Emergency Medical Services Trust Fund. Sec. 7. Authorization of appropriations. Sec. 8. Statutory construction. 2. Findings Congress finds the following: (1) All persons throughout the United States should have access to and receive high-quality emergency medical care as part of a coordinated emergency medical services system. (2) Properly functioning emergency medical services (referred to in this section as EMS (3) Ensuring high-quality and cost-effective EMS systems requires readiness, preparedness, medical direction, oversight, and innovation throughout the continuum of emergency medical care through Federal, State, and local multijurisdictional collaboration and sufficient resources for EMS agencies and providers. (4) At the Federal level, EMS responsibilities and resources of several Federal agencies consistent with their expertise and authority must emphasize the critical importance of Federal agency collaboration and coordination for all emergency medical services. (5) At the State and local level, EMS systems and agencies require the coordination and improved capabilities of multiple and diverse stakeholders. (6) Emergency medical services encompass the provision of care provided to patients with emergency medical conditions throughout the continuum, including emergency medical care and trauma care provided in the field, hospital, and rehabilitation settings. (7) Field EMS comprises essential emergency medical services, including medical care or medical transport provided to patients prior to or outside medical facilities and other clinical settings. The primary purpose of field emergency medical services is to ensure that emergency medical patients receive the right care at the right place in the right amount of time. (8) Coordinated and high-quality field EMS is essential to the Nation’s security. Field EMS is an essential public service provided by governmental and nongovernmental agencies and practitioners 24 hours a day, 7 days a week, and during catastrophic incidents. To ensure disaster and all-hazards preparedness for EMS operations as part of the Nation’s comprehensive disaster preparedness, Federal funding for preparedness activities, including catastrophic training and drills, must be provided to governmental and nongovernmental EMS agencies to ensure a greater capability within each of these areas. (9) Numerous recommendations from several significant national reports and documents have demonstrated the need in multiple areas for substantial improvement of emergency medical services provided in the field, including recommendations in the EMS Agenda for the Future The Future of Emergency Care in the United States Health System EMS Education Agenda for the Future: A Systems Approach (10) To substantially improve field EMS, advancements must be made in several essential areas including readiness, innovation, preparedness, education and workforce development, safety, financing, quality, standards, and research. (11) The recognition of a primary programmatic Federal agency for emergency medical services within the Department of Health and Human Services was recommended by the Institute of Medicine and is necessary to provide a more streamlined, cost-efficient, and comprehensive approach for field EMS and a focal point for practitioners and agencies to interface with the Federal Government. (12) The essential role of field EMS in disaster preparedness and response must be incorporated into the national preparedness and response strategy and implementation as provided and overseen by the Department of Homeland Security and the Department of Health and Human Services pursuant to their respective jurisdictions. (13) The essential role of the National Highway Traffic Safety Administration in the continued development of the National EMS Information System and in overseeing transportation issues related to field EMS such as EMS and ambulance vehicle safety standards should be maintained. (14) The Federal Interagency Committee on Emergency Medical Services must continue in its essential role in coordinating the Federal activities related to the full spectrum of EMS. 3. Recognition of HHS as primary Federal agency for emergency medical services and trauma care Title XXVIII of the Public Health Service Act ( 42 U.S.C. 300hh et seq. D Office of EMS and Trauma 2831. Recognition of HHS as primary Federal agency for emergency medical services and trauma care; establishment of Office of EMS and Trauma (a) Primary Federal agency The Department of Health and Human Services shall serve as the primary Federal agency with responsibility for programs and activities relating to emergency medical services and trauma care. (b) Office of EMS and Trauma (1) Establishment There is established within the Department of Health and Human Services an Office of Emergency Medical Services and Trauma, also to be known as the Office of EMS and Trauma Director (2) Role of Office within HHS (A) In general The Office of EMS and Trauma shall have— (i) the responsibilities delegated to the Office of EMS and Trauma pursuant to paragraph (3); and (ii) such responsibilities and authorities as may be delegated or transferred to the Office of EMS and Trauma pursuant to subparagraph (B). (B) Additional responsibilities and authorities In addition to the responsibilities and authorities specified in subparagraph (A), the Secretary may delegate or transfer to the Office of EMS and Trauma any other responsibility or authority of the Department of Health and Human Services relating to emergency medical services and trauma care (except that the Secretary may not delegate or transfer such responsibilities or authorities that are otherwise granted to a specific agency within the Department in statute), including such services and care relating to— (i) the full continuum of emergency medical services, including field EMS and trauma and hospital emergency medical care; and (ii) improving the quality, innovation, or cost effectiveness of emergency medical services. (C) Location of office in HHS The Secretary shall locate the Office of EMS and Trauma within the organizational structure of the Department of Health and Human Services in a manner that achieves each of the following: (i) Recognition of the importance and unique life-saving services associated with field EMS, trauma care, and hospital emergency care as a significant Federal priority. (ii) Integration of the essential services described in clause (i) with the larger health care system and within the disaster preparedness system, including through regionalization of such services and by enhancing daily readiness capabilities to ensure adequate disaster readiness capabilities, consistent with the National Health Security Strategy. (iii) Consolidation, co-location, and cost efficiencies in administering programs and activities related to field EMS, trauma care, and hospital emergency medical care. (iv) Establishment of a Federal focal point for leadership and improved coordination, support, and oversight of field EMS, trauma care, and hospital emergency medical care. (v) Sufficient level and stature such that— (I) such Office is able to fulfill its role, responsibilities, and authorities; and (II) the Director of such Office reports directly to the Secretary or an official within the Department who reports directly to the Secretary. (vi) Establishment of a visible and identifiable point of contact with which the public; EMS agencies and practitioners; State and local government agencies; EMS educational institutions; EMS, trauma, and hospital emergency care professional associations; and all other parties may interact. (3) Responsibilities The Secretary shall, at a minimum, delegate responsibility to the Office of EMS and Trauma to carry out section 330J and parts A, B, C, D, H, and I (except subsection (c)(1) of section 1294) of title XII. (c) National EMS strategy The Secretary, acting through the Director, and in consultation with the Assistant Secretary for Preparedness and Response and the Administrator of the Health Resources and Services Administration, shall develop and implement a cohesive national EMS strategy to strengthen the development of the full continuum of EMS at the Federal, State, and local levels. In establishing such a strategy, the Secretary shall— (1) solicit and consider the recommendations of the National Emergency Medical Services Advisory Council as well as relevant stakeholders; (2) consult and collaborate with the Federal Interagency Committee on Emergency Medical Services to ensure consistency of such national EMS strategy within the larger Federal strategy regarding all of emergency medical services and national preparedness and response; (3) address issues related to EMS patient and practitioner safety, standardization of EMS practitioner licensing and credentialing, field EMS quality and medical oversight, regionalization of field EMS and trauma and emergency care services, availability of field EMS and trauma care and emergency medical services throughout the Nation, and integration of field EMS practitioners into the broader health care system, including— (A) promotion of the adoption by States of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach (i) the identification of differences in the levels of care, scope of practice, and licensure and credentialing requirements among the States; and (ii) the adoption by the States of national standards for such levels of care, scope of practice and licensure and credentialing requirements; (B) promotion of a culture of safety, including— (i) the adoption of an anonymous error reporting system designed to identify systemic problems in field EMS patient and practitioner safety and ensure a single means of collecting and reporting relevant error data by field EMS agencies and States; (ii) the establishment of field EMS patient and practitioner safety goals and the specific means to improve field EMS practitioner and patient safety to achieve such goals; and (iii) the adoption of more uniform national ambulance vehicle safety and manufacturing standards as developed by the National Fire Protection Administration or coordinated by the National Highway Traffic Safety Administration; (C) the integration and utilization of field EMS practitioners as part of the larger health care system, including— (i) the potential utilization of field EMS practitioners for the provision of care to patients with nonemergent medical conditions, such as through mobile integrated health care services or community paramedicine; and (ii) strategies to implement the recommendations provided by the National Health Care Workforce Commission, pursuant to section 5101(d)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q(d)(2) (D) such other issues as the Secretary considers appropriate; (4) incorporate into such strategy the preparedness and response objectives identified by the Secretary of Homeland Security and the Assistant Secretary for Preparedness and Response in order— (A) to ensure the capability and capacity of the full spectrum of EMS to respond to terrorist attacks, disasters, catastrophic events, and mass casualty events; and (B) to coordinate with the Secretary of Homeland Security accordingly; (5) complete the development of such strategy not later than 18 months after the date of enactment of this Act; (6) communicate such strategy to the relevant congressional committees of jurisdiction; (7) implement such strategy, to the extent practicable, not later than 3 years after the date of enactment of the Field EMS Innovation Act (8) update such strategy not less than every 3 years. (d) Definitions In this section, the terms field EMS emergency medical services medical oversight . 4. Emergency medical services Title XII of the Public Health Service Act ( 42 U.S.C. 300d et seq. I Emergency medical services 1291. Definitions In this part: (1) The term ambulance diversion (2) The term Director (3) The term EMS (4) The term FICEMS (5) The term field EMS (6) The term field EMS agency (A) governmental (including fire-based agencies), nongovernmental (including hospital-based or private agencies), and volunteer organizations; and (B) organizations that provide field EMS by ground, air, or otherwise. (7) The term emergency medical services EMS (8) The term field EMS patient care reports (9) The term medical oversight (10) The term NEMSAC (11) The term NEMSIS (12) The term NHTSA (13) The term patient parking (14) The term State EMS Office (15) The term STEMI 1292. Field EMS Excellence, Quality, Universal Access, Innovation, and Preparedness (a) In general The Director shall establish the an EMS Excellence, Quality, Universal Access, Innovation, and Preparedness grant program, to be referred to as the EQUIP grant program (1) to promote excellence in all aspects of the provision of field EMS by field EMS agencies; (2) to enhance the quality of emergency medical care provided to patients by field EMS practitioners through evidence-based, medically directed field emergency care; (3) to promote universal access to and availability of high-quality field EMS in all geographic locations of the Nation; (4) to spur innovation in the delivery of field EMS; and (5) to improve EMS agency readiness and preparedness for day-to-day emergency medical response. (b) Application (1) In general To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, and containing such agreements, assurances, and information as the Director determines to be necessary to carry out this section. (2) Simple form The Director shall ensure that grant application requirements are not unduly burdensome to smaller and volunteer field EMS agencies or other agencies with limited resources. (3) Consistency with preparation goals The Director shall ensure that grant applications are consistent with national and relevant State preparedness plans and goals. (c) Use of funds Grants may be used by eligible entities— (1) to sustain field EMS practitioners to ensure 24 hours a day, 7 days a week readiness and preparedness at the local level; (2) to develop and implement initiatives related to delivery of medical services, including— (A) innovative clinical practices to improve the cost effectiveness and quality of care delivered to emergency patients in the field that results in improved patient outcomes and cost savings to the health system, including for high prevalence emergency medical conditions such as sudden cardiac arrest, STEMI, stroke, and trauma; and (B) delivery systems to improve patient outcomes, which may include implementing evidence-based protocols, interventions, systems, and technologies to reduce clinically meaningful response times; (3) to purchase and implement— (A) medical equipment and training for using such equipment; (B) communication systems to ensure seamless and interoperable communications with other first responders; and (C) information systems to comply with NEMSIS data collection and integrate field emergency care with electronic medical records; (4) to participate in federally sponsored field EMS research; (5) to establish or enhance comprehensive medical oversight and quality assurance programs that include the active participation by medical directors in field EMS medical direction and educational programs; and (6) for such other uses as the Director determines appropriate. (d) Administration of grants In establishing and administering the EQUIP grant program, the Director— (1) shall establish a grantmaking process that includes— (A) prioritization for the awarding of grants to eligible entities and consideration of the factors in reviewing grant applications by eligible entities, including— (i) demonstrated financial need for funding; (ii) utilization of public and private partnerships; (iii) enhanced access to high-quality field EMS in under served geographic areas; (iv) unique needs of volunteer and rural field EMS agencies; (v) distribution among a variety of geographic areas, including urban, suburban, and rural; (vi) distribution of funds among types of EMS agencies, including governmental, nongovernmental and volunteer; (vii) implementation of evidence-based interventions that improve quality of care, patient outcomes, efficiency, or cost effectiveness; and (viii) such other factors as the Director determines necessary; (B) a peer-reviewed process to recommend grant allocations in accordance with the prioritization established by the Director, except that final award determinations shall be made by the Director; and (C) the provision of grant awards to eligible entities on an annual basis, except that the Director may reserve not more than 25 percent of the available appropriations for multiyear grants and no grant award may exceed a 2-year period; (2) shall consult with and take into consideration the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC, and relevant stakeholders; (3) shall ensure that funds used for day-to-day preparedness activities are consistent and aligned with Federal preparedness priorities; and (4) may contract with an independent, third-party, nonprofit organization to administer the grant program if the Director establishes conflict-of-interest requirements as part of any such contractual relationship. (e) Eligibility Eligible grant recipients are field EMS agencies that— (1) are licensed by or otherwise authorized in the State in which they operate; and (2) have medical oversight and quality improvement programs as defined by the Director. (f) Required use of guidelines As a condition on receipt of a grant under this section, the Director shall require the grant recipient to adopt and implement (to the extent applicable) the guidelines promoted, developed, and disseminated under subparagraphs (B) and (C) of section 1294(a)(1). (g) Annual report The Director shall submit an annual report on the EQUIP grant program under this section to Congress. 1293. Field EMS System Performance, Integration, and Accountability (a) In general The Director shall establish a Field EMS System Performance, Integration, and Accountability grant program, to be referred to as the SPIA grant program (1) to improve field EMS system performance, integration, and accountability; (2) to ensure preparedness for field EMS at the State and local levels; (3) to enhance physician medical oversight of field EMS systems; (4) to improve coordination between regional field EMS systems and integration of such regional field EMS systems into the larger health care system; (5) to enhance data collection and analysis to improve, on a continuing basis, the field EMS system; and (6) to promote standardization of national EMS certification of emergency medical technicians and paramedics. (b) Use of funds Entities receiving grants under this section may use such grant funds— (1) to enhance EMS system readiness and preparedness for day-to-day emergency medical response; (2) to improve cross-border collaboration and planning among States; and (3) to collect data with regard to— (A) NEMSIS; (B) field EMS education; (C) field EMS workforce; (D) cardiac events, including STEMI and sudden cardiac arrest; (E) stroke; (F) disasters, including injuries and illnesses; (G) ambulance diversion and patient parking; (H) trauma (in a manner that is complementary and not duplicative of other trauma data collection, such as the National Trauma Data Bank); (I) data determined necessary by the State office of EMS for oversight and coordination of the State field EMS system; and (J) any other such data that the Director specifies; (4) to implement and evaluate system-wide quality improvement initiatives, including medical direction at the State, local, and regional levels; (5) to integrate field EMS with other health care services as part of a coordinated system of care provided to patients with emergency medical conditions to help ensure the right patient receives the right care by the right crew in the right vehicle and at the right medical facility in the right amount of time, including by enhancing regional emergency medical dispatch; (6) to incorporate national EMS certification for all levels of emergency medical technicians and paramedics; (7) to improve the State’s planning for ensuring a consistent, available EMS workforce; (8) to fund EMS regional and local oversight and planning organizations or develop regional systems of emergency medical care within the State to further enhance coordination and systemic development throughout the State; and (9) for such other uses as the Director determines appropriate. (c) Administration of grants In establishing and administering the SPIA grant program, the Director shall— (1) establish State EMS system performance standards to serve as guidance to States in improving EMS systems and in applying for grants under this section, taking into consideration— (A) the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC, and relevant stakeholders; (B) national, evidence-based guidelines; and (C) the needs and resource limitations of volunteer, smaller agencies, and agencies in rural areas; (2) provide technical assistance to State EMS offices in conducting comprehensive EMS planning with regard to evidence-based workforce and development competencies for field EMS management; (3) allocate, within the available funds, SPIA grants to a maximum of one grant per applicant according to a formula based on population and geographic area, as determined by the Director, for a period not to exceed 2 years; and (4) require that States allocate a portion of funds awarded under this section to regional and local oversight and planning EMS organizations within the State for the purpose of field EMS system development, maintenance, and improvement of coordination among regional organizations. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, containing such agreements, assurances, and information as the Director determines to be necessary to carry out this section. (e) Eligibility The entities eligible for a grant under this section are the State EMS office in each of the several States, Indian tribes, and territories. (f) Required use of guidelines As a condition on receipt of a grant under this section, the Director shall require the grant recipient to adopt and implement (to the extent applicable) the guidelines promoted, developed, and disseminated under subparagraphs (B) and (C) of section 1294(a)(1). (g) Annual report The Director shall submit an annual report on the SPIA grant program under this section to Congress. 1294. Field EMS quality (a) Medical oversight (1) In general To improve medical oversight of field EMS and ensure continuity and quality for such medical oversight, the Director shall— (A) promote high-quality and comprehensive medical oversight of— (i) all medical care provided by field EMS practitioners; and (ii) the education and training of field EMS practitioners; (B) promote the development, adoption, and utilization of national guidelines for the roles of physicians who provide medical oversight for field EMS and other health care providers who support physicians in this role; (C) support efforts of relevant physician stakeholders in developing and disseminating guidelines for use by EMS medical directors and field EMS practitioners on a national basis; and (D) convene a Field EMS Medical Oversight Advisory Committee, comprised of representatives of relevant physician stakeholders, to advise the Director on ways and means to advance and support development and maintenance of quality medical oversight throughout the Nation's systems for field EMS. (2) Additional considerations In carrying out subparagraphs (B) and (C) of paragraph (1), the Director shall take into consideration— (A) existing guidelines developed by national professional physician associations, States, and other relevant governmental or nongovernmental entities; (B) the input of other relevant stakeholders, including health care providers who support physicians who provide medical oversight for field EMS; and (C) the unique needs associated with medical oversight of provision of field EMS in rural areas or by volunteers. (3) Flexibility The guidelines promoted, developed, and disseminated under subparagraphs (B) and (C) of paragraph (1) shall ensure high-quality training, credentialing, and direction in connection with medical oversight of field EMS at the State, regional, and local levels while providing sufficient flexibility to account for historical and legitimate differences in field EMS among States, regions, and localities. (b) GAO study and report (1) In general The Comptroller General of the United States shall complete a study on— (A) medical and administrative liability issues that may impede— (i) medical direction provided by physicians directly regarding specific patients or medical oversight provided by physicians in establishing medical protocols, procedures, and other activities related to the provision of emergency medical care in field EMS; or (ii) the highest quality emergency medical care in field EMS provided by personnel other than physicians such as emergency medical technicians and paramedics; (B) reimbursement for any component of medical oversight; and (C) such other issues as the Comptroller General determines appropriate relating to improving the quality and medical oversight of emergency medical care in field EMS. (2) Report to Congress Not later than 18 months after the date of the enactment of the Field EMS Innovation Act (c) Data collection and exchange (1) National EMS information system (A) In general The Administrator of NHTSA may maintain, improve, and expand the National EMS Information System, including the National EMS Database. (B) Consultation The Administrator of NHTSA shall carry out this paragraph in consultation with the Director. (C) Standardization In carrying out subparagraph (A), the Administrator of NHTSA shall promote the collection and reporting of data on field EMS in a standardized manner. (D) Availability of data The Administrator of NHTSA shall ensure that information in the National EMS Database (other than individually identifiable information) is available to Federal and State policymakers, EMS stakeholders, and researchers. (E) Technical assistance In carrying out subparagraph (A), the Administrator of NHTSA may provide technical assistance to State and local agencies, field EMS agencies, and other entities, as the Administrator determines appropriate, to assist in the collection, analysis, and reporting of data. (2) Report on data gaps (A) In general Not later than 1 year after the date of the enactment of the Field EMS Innovation Act (i) identifies gaps in the collection of data related to the provision of field EMS; and (ii) includes recommendations for improving the collection, reporting, and analysis of such data. (B) Recommendations The recommendations required by subparagraph (A)(ii) shall— (i) take into consideration the recommendations of FICEMS and NEMSAC and relevant stakeholders; (ii) recommend methods for improving data collection and reporting and analysis without unduly burdening reporting entities and without duplicating existing data sources (such as data collected by the National Trauma Data Bank); (iii) address the quality and availability of data, and linkages with existing patient registries, related to the provision of field EMS and utilization of field EMS with respect to a variety of illnesses and injuries (in both the everyday provision of field EMS and catastrophic or disaster response), including— (I) cardiac events such as chest pain, sudden cardiac arrest, and STEMI; (II) stroke; (III) trauma; (IV) disaster and catastrophic incidents, such as incidents related to terrorism or natural or manmade disasters; and (V) ambulance diversion and patient parking; and (iv) include an analysis of the variety of services provided by field EMS agencies. (3) Report on data integration to promote quality of care Not later than 18 months after the date of enactment of the Field EMS Innovation Act (A) Incorporation of field EMS patient care reports into patient electronic health records, taking into consideration— (i) the extent to which field EMS patient care reports are created in electronic format and the potential for elements of such reports to be incorporated into patient electronic health records; (ii) the data elements of field EMS patient care reports that would promote quality and efficiency of care if incorporated into patient electronic health records; (iii) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act ( 42 U.S.C. 1395 et seq. (I) to maintain field EMS patient care reports in a structured electronic format; and (II) to otherwise adopt and use electronic health records; and (iv) potential modifications to the HITECH Act to provide incentives to eligible hospitals under section 1886(n), 1853(m) (to the extent that such section 1886(n) is applied), or section 1814(l)(3) of the Social Security Act to incorporate appropriate data elements of field EMS patient care reports into patient electronic health records. (B) Incorporation of patient health information created subsequent to the receipt of field EMS emergency care into NEMSIS, taking into consideration— (i) the types of medical information created subsequent to the receipt of field EMS emergency care (such as outcomes information or information regarding subsequent care and treatment) that would, if included in NEMSIS, be potentially useful in evaluating and improving the quality of EMS care; (ii) how best to integrate such information into NEMSIS; (iii) potential modifications to the HITECH Act to require eligible hospitals, as defined in section 1886(n)(6)(B) of the Social Security Act (42 U.S.C. 1395ww(n)(6)(B)), for purposes of incentive payments under 1886(b)(3)(B)(ix) and 1886(n) of such Act, to develop or report relevant data to NEMSIS or other appropriate State or private registries; and (iv) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act or other Federal health programs to provide appropriate reimbursement and financial incentives for field EMS agencies to develop or report relevant data to NEMSIS or other appropriate State or private registries. (d) Clarification of HIPAA (1) Exchange of information related to the treatment of patients (A) In general Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2)) shall be construed as prohibiting the exchange of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported for the purposes of relating information on the medical history, treatment, care, and outcome of such individual (including any health care personnel safety issues such as infectious disease). (B) Guidelines The Secretary shall establish guidelines for exchanges of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported to protect the privacy of the individual while ensuring the ability of such EMS practitioners and hospital personnel to communicate effectively to further the continuity and quality of emergency medical care provided to such individual. (2) NEMSIS data Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2)) shall be construed as prohibiting— (A) a field EMS agency from submitting EMS data to the State EMS Office for the purpose of quality improvement and data collection by the State for submission to NEMSIS; or (B) the State EMS Office from submitting aggregated nonindividually identifiable EMS data to the National EMS Database maintained by NHTSA. 1295. Field EMS education grants (a) In general For the purpose of promoting field EMS as a health profession and ensuring the availability, quality, and capability of field EMS educators, practitioners, and medical directors, the Director may make grants to eligible entities for the development, availability, and dissemination of field EMS education programs and courses that improve the quality and capability of field EMS personnel. In carrying out this section, the Director shall take into consideration recommendations of the Administrators of each of NHTSA, FICEMS, and NEMSAC, the National Health Care Workforce Commission established under section 5101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q (b) Eligibility In this section, the term eligible entity (c) Use of funds The Director may award a grant to an eligible entity under paragraph (1) only if the entity agrees to use the grant to— (1) develop and implement education programs that— (A) train field EMS trainers and promote the adoption and implementation of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach (B) bridge the gap in knowledge and skills in field EMS and among field EMS and other allied health professions to develop a larger cadre of educational instructors and build a stronger and more flexible field EMS practitioner corps; or (C) provide training and retraining programs to provide displaced workers the opportunity to enter a field EMS profession; (2) develop and implement educational courses pertaining to— (A) instructor courses; (B) provision of medical direction of field EMS; (C) field EMS practitioners, including physicians, emergency medical technicians, paramedics, nurses, and other relevant clinicians providing emergency medical care in the field; (D) field EMS educational and clinical research; (E) bridge programs among field EMS, nursing, and other allied health professions; (F) field EMS management; (G) national, evidence-based guidelines; and (H) translation of the lessons learned in military medicine to field EMS; (3) evaluate education and training courses and methodologies to identify optimal educational modalities for field EMS practitioners; (4) improve the field EMS education infrastructure by increasing the number of field EMS instructors and the quality of their preparation by improving, enhancing, and modernizing the dissemination of EMS education, including distance learning, and by establishing quality improvement for EMS education programs; (5) enhance the opportunity for medical direction training and for promoting appropriate medical oversight of field emergency medical care; (6) improve systems to design, implement, and evaluate education for prospective and current field EMS providers; or (7) carrying out such other activities as the Director determines appropriate. (d) Priority The Director, in consultation with NHTSA and relevant stakeholders, and taking into consideration the recommendations of FICEMS and NEMSAC, shall establish a system of prioritization in awarding grants under this section to eligible entities. (e) Duration of grants Grants under this section shall be for a period of 1 to 3 years. (f) Application The Director may not award a grant to an eligible entity under this section unless the entity submits an application to the Director in such form, in such manner, and containing such agreements, assurances, and information as the Director may require. The Director shall ensure that the requirements for submitting an application under this section are not unduly burdensome. 1296. Evaluating innovative models for access and delivery of field EMS for patients (a) Evaluation (1) In general Not later than 1 year after the date of the enactment of the Field EMS Innovation Act (A) the provision of and reimbursement for alternative delivery models for medical care through field EMS; and (B) the integration of field EMS patients with other medical providers and facilities as medically appropriate. (2) Specific issues In completing the evaluation under paragraph (1), the Director shall consider each of the following: (A) Alternative dispositions of patients, including— (i) transporting patients by ambulance to destinations other than a hospital such as the office of the patient’s physician, an urgent care center, or the facilities of another health care provider; (ii) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health care providers; (iii) the provision of medical care regardless of the decision to transport, such as reimbursement models based on readiness rather than transport and shared savings; and (iv) the provision of health care using patient centered mobile resources in the out-of-hospital environment, such as mobile integrated health care services and community paramedicine. (B) Issues related to medical liability and the requirements of section 1867 of the Social Security Act ( 42 U.S.C. 1395dd EMTALA (C) Necessary protections to ensure that patients receive timely and appropriate care in the appropriate setting. (D) Whether there are any barriers to providing alternate dispositions to patients who are not in need of care in hospital emergency departments. (E) Other issues determined by the Director, including, when practicable, issues recommended by FICEMS or NEMSAC for evaluation under this subsection. (b) Demonstration projects (1) In general Beginning not later than 1 year after the date of the enactment of the Field EMS Innovation Act (A) evaluate the implementation and reimbursement of alternative dispositions of field EMS patients, including— (i) transporting patients by ambulance to alternate destinations when medically appropriate and in the patients’ best interests; (ii) when medically necessary, evaluating, treating, or referring patients to other medically appropriate providers; and (iii) when medically appropriate, treating patients through mobile integrated health care services or community paramedicine. (B) evaluate the implementation of reimbursement models based on readiness rather than transport or shared savings; and (C) determine whether such alternative dispositions and reimbursement models— (i) improve the safety, effectiveness, timeliness, and efficiency of EMS; and (ii) reduce overall utilization and expenditures under the Medicare program under title XVIII of the Social Security Act. (2) Evidence-based protocols The Director shall ensure that at least one demonstration project under paragraph (1) evaluates evidence-based protocols that give guidance on selection of the destination to which patients are transported. (3) Duration The period of a demonstration project under paragraph (1) shall not exceed 3 years. (4) Research The Director shall conduct or support further research that the Director determines to be necessary prior to or in conjunction with the demonstration projects under this subsection in order to evaluation the implementation of alternative dispositions of field EMS patients. (5) Funding Of the amount made available to carry out section 1115A of the Social Security Act (42 U.S.C. 1315a) for a fiscal year, the Secretary may transfer such sums as may be necessary to carry out this subsection. (c) Report to Congress Not later than 1 year after the completion of all demonstration projects under subsection (b), the Director shall submit to Congress a report on the results of activities under this section, including recommendations on the efficacy of alternative dispositions of field EMS patients. . 5. Enhancing research in field EMS (a) Models To be tested by Center for Medicare and Medicaid Innovation Section 1115A(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) (xxi) Enhancing health outcomes for patients receiving field emergency medical services and improving timely and efficient delivery of high-quality field emergency medical services, such as through— (I) regionalization of emergency care; (II) medical transport to alternate destinations; or (III) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health providers. . (b) Emergency medical research Section 498D of the Public Health Service Act ( 42 U.S.C. 289g–4 (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Field EMS emergency medical research (1) In general The Secretary shall conduct research and evaluation relating to (2) Definition In this subsection, the term field EMS . (c) Field EMS practice center Subpart II of part D of title IX of the Public Health Service Act ( 42 U.S.C. 299b–33 et seq. 938. Field EMS practice center (a) Establishment The Director shall establish within the Office of Research and Evaluation a Field EMS Evidence-Based Practice Center (referred to in this section as the Center (b) Purpose The purpose of the Center is to conduct or support research to promote the highest quality of emergency medical care in field EMS and the most effective delivery system for the provision of such care, including— (1) comparative safety and effectiveness research; (2) other appropriate clinical or systems research; and (3) research addressing— (A) critical care transport; (B) off-shore operations; (C) tactical emergency medical services; (D) air medical services; and (E) the application of lessons learned in military field medicine in the delivery of emergency medical care in field EMS. (c) Definition In this section, the term field EMS . (d) Limitations on certain uses of research Section 1182 of the Social Security Act ( 42 U.S.C. 1320e–1 section 1181 section 1181 of this Act or section 498D(c) or 938 of the Public Health Service Act (e) Regulatory barriers For the purposes of research conducted pursuant to clause (xxi) of section 1115A(b)(2)(B) of the Social Security Act (as added by subsection (a)), subsection (c) of section 498D of the Public Health Service Act (as added by subsection (b)), section 938 of the Public Health Service Act (as added by subsection (c)), or any other research funded by the Department of Health and Human Services related to emergency medical services in the field in which informed consent is required but may not be attainable, the Secretary of Health and Human Services shall— (1) evaluate and consider the patient and research issues involved; and (2) address regulatory barriers to such research related to the need for informed consent in a manner that ensures adequate patient safety and notification, and submit recommendations to Congress for any changes to Federal statutes necessary to address such barriers. 6. Emergency Medical Services Trust Fund (a) Designation of income tax overpayments and additional contributions for emergency medical services Subchapter A of chapter 61 IX Designation of income tax overpayments and additional contributions for emergency medical services 6097. Designation by individuals (a) In general Every individual (other than a nonresident alien) may designate that— (1) a specified portion of any overpayment of tax for a taxable year, and (2) any amount contributed in addition to any payment of tax for such taxable year and any designation under paragraph (1), shall be used to fund the Emergency Medical Services Trust Fund. Designations under the preceding sentence shall be in an amount not less than $1, and the Secretary shall provide for elections in amounts of $1, $5, $10, or such other amount as the taxpayer designates. (b) Overpayments Treated as Refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as— (1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and (2) a contribution made by such taxpayer on such date to the United States. (c) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the signature of the taxpayer. . (b) Emergency Medical Services Trust Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Emergency Medical Services Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Emergency Medical Services Trust Fund (b) Transfers to trust fund There are hereby appropriated to the Emergency Medical Services Trust Fund amounts equivalent to the amounts of the overpayments of tax to which designations under section 6097 apply. (c) Expenditures from trust fund Amounts in the Emergency Medical Services Trust Fund shall be available, as provided in appropriation Acts, only for carrying out the provisions for which amounts are authorized to be appropriated under subsections (a) and (b) of section 7 of the Field EMS Innovation Act . (c) Clerical amendments (1) Clerical amendment The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX. Designation of income tax overpayments and additional contributions for emergency medical services. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Emergency Medical Services Trust Fund. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. 7. Authorization of appropriations (a) In general Out of amounts in the Emergency Medical Services Trust Fund, there are authorized to be transferred— (1) to the Secretary of Health and Human Services— (A) $12,000,000, for the purpose of carrying out section 2831 of the Public Health Service Act (except for subsection (b)(3) of such section), section 1294 of such Act, and section 1296 of such Act (except for subsection (b) of such section) for each of fiscal years 2015 through 2019; (B) $200,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out section 1292 of the Public Health Service Act; (C) $50,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out section 1293 of the Public Health Service Act; (D) $15,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out section 1295 of the Public Health Service Act; and (E) $40,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out sections 498D(c) and 938 of the Public Health Service Act, as added by section 5; and (2) to the Secretary of Transportation, $4,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out section 1292(c)(1) of the Public Health Service Act. (b) Excess amounts If, for any fiscal year, amounts in the Emergency Medical Services Trust Fund exceed the maximum amount authorized to be transferred under subsection (a), the Secretary of Health and Human Services may transfer such excess amounts for the purpose of carrying out section 330J, section 498D, and parts A, B, C, D, and H of title XII of the Public Health Service Act (42 U.S.C. 254c–15, 289g–4, 300d et seq., 300d–11 et seq., 300d–31 et seq., and 300d–81 et seq.). (c) Start-Up funding (1) In general Out of the discretionary funds available to the Secretary of Health and Human Services for each of fiscal years 2015 and 2016, $40,000,000 shall be used for carrying out the amendments made by subsections (a), (b), and (c) of section 5. (2) Relation to other funds The amount of discretionary funds allocated under paragraph (1) for the purpose of carrying out subsections (a), (b), and (c) of section 5 shall be in addition to, not in lieu of, the amount of discretionary funds that would otherwise be available for such purpose. (d) Administrative expenses Of the amounts made available under subsection (a), (b), or (c) to carry out each of the provisions listed in subsection (a), not more than 5 percent of each such amount may be used for Federal administrative expenses. 8. Statutory construction Nothing in this Act, including the amendments made by this Act shall be construed to supercede any statutory authority of any Federal agency that is not within the Department of Health and Human Services.
Field EMS Innovation Act
Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014 - Establishes the Office of the Medical Inspector of the Department of Veterans Affairs (VA) within the Office of the Under Secretary for Health. Includes among the functions of the Office to: review the quality of health care provided to veterans by the VA generally and by the VA through contracts with non-VA health care providers; review offices of the Veterans Health Administration (VHA) that have an impact on the quality of health care provided to veterans by the VA and the performance of the VA in providing such care; review VHA offices and facilities to ensure that VA and VHA policies and procedures are applied consistently; investigate any systemic issues that arise within VHA, including improper issuance of credentials and privileges to health care providers, impediments to access to VA health care, wait times for appointments at VA medical facilities in excess of VA goals, and intentional falsification by VA employees of information regarding wait times; establish temporary investigative teams to carry out reviews in response to specific incidents or inquiries, including veterans' complaints and potential systemic issues within VHA that may require the conduct of surveys, the collection of data, and the analysis of VA databases; recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, VHA programs and operations; and report on problems or deficiencies encountered in VHA programs and operations and recommend corrective actions.
To amend title 38, United States Code, to establish the Office of the Medical Inspector within the Office of the Under Secretary for Health of the Department of Veterans Affairs. 1. Short title This Act may be cited as the Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014 2. Office of the Medical Inspector (a) Establishment Subchapter I of chapter 73 7310. Office of the Medical Inspector (a) In general There is established in the Department within the Office of the Under Secretary for Health an office to be known as the Office of the Medical Inspector Office (b) Head (1) The Medical Inspector shall be the head of the Office. (2) The Medical Inspector shall be appointed by the Secretary from among individuals qualified to perform the duties of the position. (3) The Medical Inspector shall report directly to the Under Secretary for Health. (c) Functions The functions of the Office shall include the following: (1) To review the quality of health care provided to veterans— (A) by the Department generally; and (B) by the Department through contracts with non-Department health care providers. (2) To review offices of the Veterans Health Administration that have an impact on the quality of health care provided to veterans by the Department and the performance of the Department in providing such care. (3) To review offices and facilities of the Veterans Health Administration to ensure that policies and procedures of the Department and the Veterans Health Administration are applied consistently at all such offices and facilities. (4) To investigate any systemic issues, as determined by the Medical Inspector, that arise within the Veterans Health Administration, including the following: (A) Improper issuance of credentials and privileges to health care providers. (B) Impediments to the access of veterans to health care from the Department. (C) Wait times for appointments by veterans at medical facilities of the Department in excess of wait-time goals established by the Department. (D) Intentional falsification by employees of the Department of information or data with respect to wait times for such appointments. (5) To establish temporary investigative teams to carry out reviews or investigations described in paragraphs (1), (2), (3), and (4) in response to specific incidents or inquiries, including the following: (A) Investigations of complaints by a veteran, a family member of a veteran, or another individual that may require a visit to a facility or facilities of the Department. (B) Assessments to examine potential systemic issues within the Veterans Health Administration that may require the conduct of surveys, the collection of data, and the analysis of databases of the Department. (6) To recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, programs and operations of the Veterans Health Administration. (7) To carry out any other tasks required of the Office by the Secretary or the Under Secretary for Health before, on, or after the date of the enactment of this section. (d) Reports (1) Not later than 30 days after the date of the enactment of this section, and periodically thereafter, the Medical Inspector shall submit to the Secretary, the Under Secretary for Health, and Congress reports on any problems or deficiencies encountered in programs and operations of the Veterans Health Administration, including any recommendations for corrective actions. (2) Each report required by paragraph (1) shall be made available to the public on an Internet website of the Department. (3) Any other report prepared by the Medical Inspector in carrying out the functions of the Office under this section shall be— (A) submitted to Congress; and (B) made available to the public on an Internet website of the Department. (e) Privacy matters Any medical or other personal information obtained by the Office shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information. . (b) Clerical amendment The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7309 the following new item: 7310. Office of the Medical Inspector. . (c) Conforming amendments Section 7306(a) of such title is amended by— (1) redesignating paragraph (10) as paragraph (11); and (2) inserting after paragraph (9) the following new paragraph (10): (10) The Medical Inspector, who shall be the head of the Office of the Medical Inspector under section 7310 of this title. . (d) Continuation in office The individual serving as the Medical Inspector of the Department of Veterans Affairs on the day before the date of the enactment of this Act may serve as the Medical Inspector of the Department of Veterans Affairs after that date until the date on which the Secretary of Veterans Affairs appoints an individual to be the Medical Inspector pursuant to section 7310(b)(2)
Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014
Work and Learn Act - Amends the Workforce Investment Act of 1998 to require a local workforce investment board to include a representative with expertise implementing work-based programs of employment and training activities that combine technical training with related instruction, including programs that begin by providing mentoring and job shadowing opportunities, which evolve into intensive internships and registered apprenticeships. Revises requirements for a comprehensive performance accountability system assessing the effectiveness of states and local areas in achieving continuous improvement of workforce investment activities. Adds completion of a registered apprenticeship to the core indicators of performance for authorized employment and training activities (except for self-service and informational activities) and youth activities for eligible individuals age 19 through 21.
To amend the Workforce Investment Act of 1998 to address the need to increase on-the-job training and apprenticeship opportunities, and for other purposes. 1. Short title This Act may be cited as the Work and Learn Act 2. Findings; purpose (a) Findings Congress finds the following: (1) Success in the 21st century labor market increasingly requires workers to demonstrate competencies in thinking critically and applying new skills to ever more complex technology. (2) By 2020, the United States is expected to experience a shortage of 3,000,000 workers with associate degrees or higher degrees, and 5,000,000 workers with technical certificates and credentials. (3) Properly structured, on-the-job training programs should be part of the mission to get individuals back to work. (4) Apprenticeships, one common model for providing workplace training, are a proven way to help people develop in-demand skills and to meet the needs of employers, yet the individuals in apprenticeships compose just 0.2 percent of the Nation’s workforce. (b) Purpose The purpose of this Act is to strengthen work-based programs of employment and training activities. 3. Local Workforce Investment Boards Section 117(b)(2)(A) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832(b)(2)(A) (1) in clause (v), by striking and (2) by inserting after clause (vi) the following: (vii) a representative who has expertise implementing work-based programs of employment and training activities that combine technical training with related instruction, including such programs that begin by providing mentoring and job shadowing opportunities, which evolve into intensive internships and registered apprenticeships; and . 4. Performance Section 136(b)(2)(A)(i) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b)(2)(A)(i) (1) in subclause (III), by striking and (2) in subclause (IV), by striking the period and inserting ; and (3) by inserting after subclause (IV) the following new subclause: (V) Completion of a registered apprenticeship. .
Work and Learn Act
Leverage Prior Skills Act - Amends the Workforce Investment Act of 1998 to require a governor, in establishing a procedure for local workforce investment boards in the state in determining the initial eligibility of a provider to receive funds for a program of training services, to require the applicant proposing a program that leads to a recognized postsecondary credential to include in the application information on the quality of the services that lead to that credential. Requires a state to use federal funds reserved to carry out statewide employment and training activities (other than certain statewide rapid response activities) to identify and implement a process by which local boards will contract with providers of training services, or identify eligible providers of training services, only if the providers involved agree to: use direct assessments to assess the prior learning of the participants in noncredit employment and training programs; and take that prior learning into account when determining whether a participant has earned credit hours or made progress toward earning a degree from an institution of higher education, or has earned or made progress towards earning a recognized postsecondary credential.
To ensure that programs of training services under the Workforce Investment Act of 1998 make better use of participants’ prior learning so as to better assist the participants in obtaining degrees and other recognized postsecondary credentials, and for other purposes. 1. Short title This Act may be cited as the Leverage Prior Skills Act 2. Findings; purpose (a) Findings Congress finds the following: (1) A recognized postsecondary credential is key to an individual’s self-sufficiency and upward mobility, and to higher levels of family well-being. (2) Jobseekers often come to programs providing training services with skills acquired through noncredit employment and training programs, such as corporate or military training programs, workplace-based learning programs, volunteer activities, and other activities. (3) Workforce investment systems do not take into account prior learning. Workers and students who have persisted through demanding noncredit employment and training programs often have to repeat courses when they attempt to earn a recognized postsecondary credential through a workforce investment system, wasting both money and time. (4) At a time when unemployment remains relatively high, training services should be geared to allow participants to quickly achieve recognized postsecondary credentials that lead directly to employment. (b) Purpose The purpose of this Act is to encourage States and local boards to develop competency-based workforce investment systems, to validate learning through noncredit employment and training programs and to award recognized postsecondary credentials. 3. Eligible providers Section 122 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2842 (1) in subsection (b)(2)(D)— (A) in clause (ii), by striking and (B) in clause (iii), by striking the period and inserting ; and (C) by adding at the end the following: (iv) if the provider proposes to provide a program of training services that leads to a recognized postsecondary credential, shall include in the application information on the quality of the services that lead to the credential. ; and (2) in subsection (c)(5)(A), by inserting the information described in subsection (b)(2)(D)(iv) (for a program described in that subsection) and submit 4. Competency-based learning Section 134(a)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(B)) is amended— (1) in clause (v), by striking and (2) in clause (iv), by striking the period and inserting ; and (3) by adding at the end the following: (vii) identifying and implementing a process by which local boards will enter into contracts with providers of training services under subsection (d)(4), or identify providers as eligible providers of training services under section 122, only if the providers involved agree to— (I) use direct assessments to assess, to the extent practical, the prior learning of the participants in noncredit employment and training programs; and (II) take that prior learning into account, to the extent practical, when determining whether such a participant has earned credit hours or made progress toward earning a degree from at an institution of higher education, or has earned or made progress towards earning a recognized postsecondary credential. .
Leverage Prior Skills Act
Foreclosure Relief and Extension for Servicemembers Act of 2014 - Amends the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 to make permanent the extended one-year period after a servicemember's military service during which: (1) a court may stay proceedings to enforce an obligation on real or personal property owned by the servicemember prior to such military service; and (2) the sale, foreclosure, or seizure of such property is invalid without a court order or agreement. (Currently, the extended one-year period is scheduled to expire on December 31, 2014, and return to a nine-month period under the Servicemembers Civil Relief Act.)
To make permanent the extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction, and for other purposes. 1. Short title This Act may be cited as the Foreclosure Relief and Extension for Servicemembers Act of 2014 2. Making permanent extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154
Foreclosure Relief and Extension for Servicemembers Act of 2014
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Trauma Systems and Regionalization of Emergency Care Reauthorization Act - Amends the Public Health Service Act to authorize appropriations for trauma care programs through FY2019. Requires that not more than 50% of amounts remaining for a fiscal year after FY2014 (after allocation for administrative purposes or for improvement of emergency medical services in rural areas) be allocated for competitive grants to support pilot projects for emergency care and trauma systems. Requires the inclusion of standards and requirements of the American Burn Association in trauma care modifications of a state plan for providing emergency medical services.
To amend title XII of the Public Health Service Act to reauthorize certain trauma care programs, and for other purposes. 1. Short title This Act may be cited as the Trauma Systems and Regionalization of Emergency Care Reauthorization Act 2. Reauthorization of certain trauma care programs Section 1232(a) of the Public Health Service Act ( 42 U.S.C. 300d–32(a) 2014 2019 3. Improvements and clarifications to certain trauma care programs (a) Allocation of funds for competitive grants for regionalized systems for emergency care response Section 1232(c) of the Public Health Service Act ( 42 U.S.C. 300d–32(c) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (3) for a fiscal year after fiscal year 2014, not more than 50 percent of such amounts remaining for such fiscal year after application of paragraphs (1) and (2) shall be allocated for the purpose of carrying out section 1204. . (b) Clarifications under trauma systems formula grants requirements relating to the American Burn Association Section 1213 of the Public Health Service Act ( 42 U.S.C. 300d–13 (1) in subsection (a)(3), by inserting and (for a fiscal year after fiscal year 2014) contains national standards and requirements of the American Burn Association for the designation of verified burn centers, such entity, (2) in subsection (b)(3)(A), by striking and the American Academy of Pediatrics, the American Academy of Pediatrics, and (for a fiscal year after fiscal year 2014) the American Burn Association, (3) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by inserting and not later than 1 year after the date of the enactment of the Trauma Systems and Regionalization of Emergency Care Reauthorization Act Act of 2007 (B) in subparagraph (A), by striking and the American Academy of Pediatrics the American Academy of Pediatrics, and (with respect to the update pursuant to the Trauma Systems and Regionalization of Emergency Care Reauthorization Act) the American Burn Association (c) Technical amendments Part B of title XII of the Public Health Service Act is amended— (1) in section 1218(c)(2) ( 42 U.S.C. 300d–18(c)(2) 1232(b)(3) section 1232(b) (2) in section 1222 ( 42 U.S.C. 300d–22 October 1, 2008 October 1, 2016 July 23, 2014 Reported without amendment
Trauma Systems and Regionalization of Emergency Care Reauthorization Act
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Improving Trauma Care Act of 2014 - Amends the Public Health Service Act, with respect to trauma care and research programs, to include in the definition of "trauma" an injury resulting from extrinsic agents other than mechanical force, including those that are thermal, electrical, chemical, or radioactive.
To amend title XII of the Public Health Service Act to expand the definition of trauma to include thermal, electrical, chemical, radioactive, and other extrinsic agents. 1. Short title This Act may be cited as the Improving Trauma Care Act of 2014 2. Trauma definition (a) Revised definition under trauma systems grants programs Paragraph (4) of section 1231 of the Public Health Service Act ( 42 U.S.C. 300d–31 (4) Trauma The term trauma (A) a mechanical force; or (B) another extrinsic agent, including an extrinsic agent that is thermal, electrical, chemical, or radioactive. . (b) Revised definition under interagency program for trauma research Paragraph (3) of section 1261(h) of the Public Health Service Act ( 42 U.S.C. 300d–61(h) (3) The term trauma (A) a mechanical force; or (B) another extrinsic agent, including an extrinsic agent that is thermal, electrical, chemical, or radioactive. . July 23, 2014 Reported without amendment
Improving Trauma Care Act of 2014
21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish within the Health and Infectious Diseases and Nutrition Section of the Global Health Bureau of the U.S. Agency for International Development (USAID) a program to develop technologies designed to: (1) improve the health and nutrition of populations in developing countries; (2) reduce maternal, newborn, and child mortality in such countries; and (3) improve the diagnosis, prevention, and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases in such countries. States that such program shall be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing the technologies described in this Act and integrating practical field experience into the research and development process. States that USAID's Center for Accelerating Innovation and Impact shall continue its work to speed the development, introduction, and scale-up of priority global health interventions. Directs USAID to report annually to Congress for four years on USAID research and development activities.
To amend the Foreign Assistance Act of 1961 by authorizing the United States Agency for International Development to continue supporting the development of technologies for global health under the Health Technologies Program, and for other purposes. 1. Short title This Act may be cited as the 21st Century Global Health Technology Act 2. Findings Congress makes the following findings: (1) Research and development is a critical component of United States leadership in global health. (2) Research and innovation can help to break the cycle of aid dependency by providing sustainable solutions to long-term problems. (3) Research and development for global health is crucial for meeting new and emerging challenges, creating efficiencies, strengthening health systems, shifting tasks, strengthening workforces, and increasing access to health services for the most vulnerable people. (4) Advances in health and medical technologies have been the major drivers behind massive improvements in health worldwide during the past century, resulting in an average increase in life expectancy of 21 years in low- and middle-income countries between 1960 and 2002. (5) New health technologies have a high return on investment. For example, a new meningitis A vaccine developed in collaboration with the United States Agency for International Development (referred to in this section as USAID (6) USAID, the Centers for Disease Control and Prevention, the National Institutes of Health, the Food and Drug Administration, and the Department of Defense provide significant contributions each year to global health research and development. The United States Government is supporting the development of 200 of the 365 products in the global pipeline of products for neglected and poverty-related diseases. (7) This commitment from the United States Government has led to a remarkable increase in global health products. Forty-five new health tools were registered between 2000 and 2010, and the United States Government was involved in 24 of these new global health products in the last decade, including— (A) 6 drugs for malaria; (B) 2 vaccines for pneumonia; (C) 6 diagnostics for tuberculosis; and (D) 2 drugs for leishmaniasis. (8) Although investments from the United States Government have enabled tremendous progress in the introduction of new technologies for global health, gaps still exist in bringing certain technologies through the development process and rapidly scaling them up in the field. (9) Better coordination is needed between Federal agencies— (A) to align research strategies; (B) to identify and address gaps in product development activity; and (C) to move products efficiently along the research-to-introduction continuum. (10) Infectious diseases disproportionately impact populations in low-income nations across Latin America, sub-Saharan Africa, and Asia. Poor and vulnerable communities in the United States are also at risk for contracting diseases usually considered to be diseases of the developing world. For example, cases of Chagas disease, which is found throughout Latin America, and dengue fever, endemic to Mexico and Central America, have been detected in communities with high poverty rates in States along the United States border with Mexico. (11) In collaboration with the World Health Organization and its member states, the United States is a leading participant in discussions to improve coordination and financing of global health research and development. This process will establish mechanisms to map research needs, identify resource gaps, and set priorities to ensure that the most crucial global health products are developed and delivered for maximum global health impact. (12) Because of its presence in the field, USAID is uniquely placed— (A) to assess local health conditions; (B) to partner with public and private stakeholders to ensure the development and timely introduction and scale-up of tools that are culturally acceptable; (C) to address serious and all-too-common health problems; and (D) to contribute to the strengthening of health systems. (13) In a recent report to Congress, USAID asserts that— (A) health research is integral ability to achieve its health and development objectives worldwide (B) innovation through research allows the agency to develop and introduce affordable health products and practices and contribute to policies appropriate for addressing health-related concerns in the developing world (14) (A) In Report to Congress: Health-Related Research and Development Activities at USAID (HRRD), May 2011 (B) The new strategy is— (i) an important source of information on USAID's programs for global health product development; and (ii) an effective tool for measuring expected results from 2011 through 2015. (C) The strategy does not articulate USAID's investments and programming for research and development in several critical areas, including— (i) new tools to diagnose, prevent, and treat neglected tropical diseases; (ii) research addressing the leading causes of death and illness of women, newborns, and children; and (iii) new tuberculosis vaccines. (15) USAID has established a variety of instruments to promote innovation and global health, such as— (A) Grand Challenges for Development; (B) the Innovation Fund for the Americas; (C) Higher Education Solutions Network (HESN); (D) university Development Labs; and (E) Research and Innovation Fellowships. (16) Research and development at USAID— (A) facilitates public-private collaboration in the development of global health technologies; (B) leverages public and private sector support for early stage research and development of health technologies to encourage private sector investment in late-stage technology development and product introduction in developing countries; (C) benefits the United States economy by investing in the growing United States global health technology sector, which— (i) provides skilled jobs for American workers (64 cents of every United States dollar invested in global health research benefits United States-based researchers); (ii) creates opportunities for United States businesses in the development and production of new technologies; and (iii) enhances United States competitiveness in the increasingly technological and knowledge-based global economy; and (D) enhances United States national security by— (i) reducing the risk of pandemic disease; and (ii) contributing to economic development and stability in developing countries. (17) The United States should invest in affordable, appropriate health technologies, including— (A) medical devices for maternal, newborn, and child care; (B) new vaccines; (C) new vaccine technologies and delivery tools; (D) safe injection devices; (E) diagnostic tests for infectious diseases; (F) new tools for water, sanitation, and nutrition; (G) multipurpose prevention technologies; (H) information systems and mobile health and information systems; and (I) innovative disease prevention strategies. (18) United States investments in the health technologies set forth in paragraph (17) would— (A) reduce the risk of disease transmission; (B) accelerate access to life-saving global health interventions for the world's poor; (C) reduce the burden on local health systems; and (D) result in significant cost savings for development assistance funds. (19) In circumstances where markets fail, public-private partnerships are an effective way to develop, introduce and scale up new health technologies. (20) (A) Product development partnerships (referred to in this paragraph as PDPs (B) PDPs are non-profit, nongovernmental entities that work to accelerate the development of new tools to fight diseases in resource-poor settings. (C) PDPs typically manage resources and partnerships from across public, private, and philanthropic sectors to drive the development of a full pipeline of potential new products that could save and improve lives in the developing world. (D) USAID has played a significant role in advancing the PDP model through its financial support. (E) Between 2004 and 2013, the achievements of PDPs have become increasingly successful at advancing new products through the development pipeline towards registration, product introduction, and use. (21) USAID supports research and introduction activities along a research-to-use continuum including— (A) evidence reviews and health assessments in developing countries; and (B) the development, testing, adaptation, and introduction of appropriate products and interventions within the context of strengthening health systems. (22) (A) A Center for Accelerating Innovation and Impact (referred to in this paragraph as the Center (B) For diseases and conditions in which market forces have proven insufficient to generate and rapidly deliver new technologies, the Center promotes and reinforces solutions to overcome obstacles such as regulatory inefficiencies in developing countries, limited user demand, gaps in market data and supply chain hurdles. (C) The Center also catalyzes partnerships with the public and private sectors to develop and rapidly deploy new products. (23) Since 1982, USAID has carried out a program to support the development of health technologies through which USAID— (A) has maximized the limited resources available for global health; (B) has ensured that products and medicines developed for use in low-resource settings have reached the people that need such products and medicines; (C) has invented, designed, developed, or co-developed 85 health technologies; and (D) has collaborated with more than 100 private-sector organizations, which have matched the funds received from USAID by a 2:1 ratio. (24) The research and development activities of USAID are complementary to the work of other Federal agencies. 3. Purposes The purposes of this Act are— (1) to acknowledge the role of the United States Agency for International Development (referred to in this section as USAID (2) to establish the Technologies for Health Program within USAID to support the development of technologies for global health that will— (A) improve global health; (B) reduce maternal, newborn, and child mortality rates; (C) improve health and nutrition; (D) reverse the incidence of HIV/AIDS, malaria, tuberculosis, and other infectious diseases; (E) reduce the burden of chronic diseases; (F) overcome technical, supply, and policy hurdles to product introduction and scale-up; and (G) support research and development that is consistent with a global development strategy and other related strategies developed by USAID. 4. Establishment of Health Technologies Program (a) In general Section 107 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151e (c) Technologies for Health (1) Establishment There is established, within the Health and Infectious Diseases and Nutrition Section of the Global Health Bureau of the United States Agency for International Development (referred to in this subsection as USAID Program (2) Functions The Program shall develop, advance, and introduce affordable, available, and appropriate and primarily late-stage technologies specifically designed— (A) to improve the health and nutrition of populations in developing countries; (B) to reduce maternal, newborn, and child mortality in such countries; and (C) to improve the diagnosis, prevention, and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases, in such countries. (3) Agreement The Program shall be carried out under a cooperative agreement between USAID and 1 or more institutions with a successful record of— (A) advancing the technologies described in paragraph (2); and (B) integrating practical field experience into the research and development process in order to introduce the most appropriate technologies. (d) Action plans The Administrator of USAID shall— (1) establish and implement action plans to incorporate global health research and product development within each of the global health and development programs, with support from coordinating agencies; (2) establish metrics to measure progress in implementing the action plans; and (3) consider all options in implementing the action plans, including the use of public-private partnerships. (e) Priority global health interventions The Center for Accelerating Innovation and Impact of USAID shall continue its work to speed the development, introduction, and scale-up of priority global health interventions. . (b) Savings provision Section 107(c) of the Foreign Assistance Act of 1961, as added by subsection (a)— (1) authorizes the United States Agency for International Development (referred to in this subsection and section 5 as USAID (2) does not establish a new program for such purposes. 5. Annual report on research and development activities at USAID (a) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 4 years, the Administrator of the United States Agency for International Development, after consultation with the Centers for Disease Control and Prevention, the Department of Defense, the Food and Drug Administration, and the National Institutes of Health, shall submit a separate report to Congress on the research and development activities carried out by USAID. (b) Matters To be included Each report submitted under subsection (a) shall include— (1) updates on the implementation of USAID's strategy for using research funds to stimulate the development and introduction of products in each of its global health and development programs; (2) a description of USAID's collaborations and coordination with other Federal departments and agencies in support of translational and applied global health research and development; (3) a description of USAID’s collaborations and coordination with partner governments, bilateral and multilateral donors, and other relevant governmental entities in support of translational and applied global health research and development; (4) a description of USAID investments in science, technology, and innovation; (5) an explanation of how technologies and research products developed by USAID complement work being done by other Federal departments and agencies; and (6) a list of technologies and research products that have been introduced into field trials or use. (c) Consultation The Administrator of USAID shall annually consult with the heads of other Federal departments and agencies to improve alignment of USAID's health-related research strategy with other similar agency strategies, with the intent of working towards a whole-of-government strategy for global health research and development.
21st Century Global Health Technology Act
No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act - Authorizes the exploration, leasing, development and production of oil and gas on the Western Coastal Plain of Alaska. Directs the Secretary of the Interior to: (1) establish a competitive oil and gas leasing program for oil and gas exploration, development, and production on the Western Coastal Plain; and (2) prohibit surface occupancy of the Western Coastal Plain during any oil and gas development and production States that, in connection with specified environmental protection laws, the Secretary shall neither: (1) identify nonleasing alternative courses of action, nor (2) analyze the environmental effect of those courses of action. Requires the Secretary, within one year after the first lease sale is conducted under this Act, to conduct a second lease sale (and additional sales if sufficient interest in exploration or development exists). Sets forth procedures for: (1) lease sales and lease grants on the Western Coastal Plain, and (2) Western Coastal Plain environmental protection. Prescribes a revenue allocation scheme derived from bonus, rental, and royalty revenues from federal oil and gas leasing and operations authorized under this Act, including monthly payments to the state of Alaska. Requires the Secretary to convey to: (1) the Kaktovik Inupiat Corporation the surface estate of certain land, and (2) the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under a specified agreement.
To authorize the exploration, leasing, development, and production of oil and gas in and from the western portion of the Coastal Plain of the State of Alaska without surface occupancy, and for other purposes. 1. Short title This Act may be cited as the No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act 2. Definitions In this Act: (1) Coastal Plain The term Coastal Plain (2) Final Statement The term Final Statement (A) section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 (B) section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (3) Map The term map Arctic National Wildlife Refuge (4) Secretary The term Secretary (5) Western Coastal Plain The term Western Coastal Plain (A) that borders the land of the State of Alaska to the west and State of Alaska offshore waters of the Beaufort Sea on the north; and (B) from which oil and gas can be produced through the use of horizontal drilling or other subsurface technology from sites outside or underneath the surface of the Coastal Plain. 3. Leasing program for land within the Western Coastal Plain (a) In general (1) Authorization There is authorized the exploration, leasing, development, and production of oil and gas from the Western Coastal Plain. (2) Actions The Secretary shall take such actions as are necessary— (A) to establish and implement, in accordance with this Act, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Western Coastal Plain; and (B) to administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (i) ensure the oil and gas exploration, development, and production activities on the Western Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (ii) prohibit surface occupancy of the Western Coastal Plain during oil and gas development and production; and (iii) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)— (A) the oil and gas preleasing and leasing program and activities authorized by this section in the Western Coastal Plain shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and (B) no further findings or decisions shall be required to implement that program and those activities. (2) Adequacy of the legislative environmental impact statement of the Department of the Interior The Final Statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (3) Compliance with NEPA for other actions (A) In general Prior to conducting the first lease sale pursuant to this Act, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Identification and analysis Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not— (i) identify nonleasing alternative courses of action; or (ii) analyze the environmental effect of those courses of action. (C) Identification of preferred action Not later than 1 year after the date of enactment of this Act, the Secretary shall identify only a preferred action and a single leasing alternative for the first lease sale conducted pursuant to this Act. (D) Effect of noncompliance Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy any provision of law or other requirement that requires analysis and consideration of the environmental effects of leasing with respect to the leasing conducted pursuant to this Act. (c) Relationship to State and local authority Nothing in this Act expands or limits any State or local regulatory authority. (d) Regulations Not later than 1 year after the date of enactment of this Act, in consultation with the State of Alaska, the North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, the Secretary shall promulgate such regulations as are necessary to carry out this Act. 4. Lease sales (a) Qualified lessees Land may be leased under this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. (b) Procedures The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Western Coastal Plain for inclusion in a lease sale; (2) the holding of lease sales after the nomination process described in paragraph (1); and (3) public notice of, and comment on, designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Bidding for leases under this Act shall be by sealed competitive cash bonus bids. (d) Acreage minimum in first sale For the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of lease sales The Secretary shall— (1) not later than 18 months after the date of enactment of this Act, conduct the first lease sale under this Act; (2) not later than 1 year after the date on which the first lease sale is conducted under paragraph (1), conduct a second lease sale under this Act; and (3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales. 5. Grant of leases by the Secretary (a) In general On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary shall grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 a lease for any land on the Western Coastal Plain. (b) Subsequent transfers (1) In general No lease issued under this Act may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. (2) Condition for approval Before granting any approval under paragraph (1), the Secretary shall consult with, and give due consideration to the opinion of, the Attorney General. 6. Lease terms and conditions (a) In general An oil or gas lease issued pursuant to this Act shall— (1) provide for the payment of a royalty of not less than 12 1/2 (2) provide that the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, may close, on a seasonal basis, such portions of the Western Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that each lessee of land within the Western Coastal Plain shall be fully responsible and liable for the reclamation of land within the Western Coastal Plain and any other Federal land that is adversely affected in connection with exploration activities conducted under the lease and within the Western Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability described in paragraph (3) to another person without the express written approval of the Secretary; (5) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 3(a)(2); and (6) provide that each lessee, and each agent and contractor of a lessee, shall use the best efforts of the lessee to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State, as determined by the level of obligation previously agreed to in the Federal Agreement. (b) Project labor agreements The Secretary, as a term and condition of each lease under this Act, and in recognizing the proprietary interest of the Federal Government in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this Act (including the special concerns of the parties to those leases), shall require that each lessee, and each agent and contractor of a lessee, under this Act negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. 7. Federal and State distribution of revenues (a) In general Notwithstanding any other provision of law, of the amount of bonus, rental, and royalty revenues from oil and gas leasing and operations authorized by this Act— (1) 50 percent shall be paid to the State of Alaska; and (2) the balance shall be deposited in the Treasury of the United States. (b) Payments to Alaska Payments to the State of Alaska under this section shall be made on a monthly basis. 8. Conveyance Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.
No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act
American Energy Independence and Security Act of 2014 - Authorizes the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain of Alaska. Directs the Secretary of the Interior to establish a competitive oil and gas leasing program for oil and gas exploration, development, and production on the Coastal Plain. Amends the Alaska National Interest Lands Conservation Act to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge. States that, in connection with specified environmental protection laws, the Secretary shall neither: (1) identify nonleasing alternative courses of action, nor (2) analyze the environmental effects of those actions. Prohibits the Secretary from closing land within the Coastal Plain to oil and gas leasing, exploration, development, or production except in accordance with this Act. Directs the Secretary, within one year after the first lease sale is conducted under this Act, to conduct a second lease sale (and additional sales if sufficient interest in exploration or development exists). Prescribes procedures for lease sales and lease grants on the Coastal Plain that include the requirement that the standard for land reclamation be either: (1) a condition capable of supporting the uses that the land was capable of supporting before any exploration, development, or production activities; or (2) a higher or better standard, as approved by the Secretary, upon the lessee's application. Prescribes Coastal Plain environmental protection standards that require the Secretary to administer this Act: (1) using a no significant adverse effect standard to govern authorized Coastal Plain activities; (2) implementing site-specific assessment and mitigation measures; (3) promulgating regulations to protect coastal plain fish and wildlife resources, subsistence users, and the environment; (4) requiring compliance with federal and state environmental laws; and (5) ensuring that local residents have reasonable access to public land for traditional uses. Prescribes a revenue allocation scheme derived from bonus, rental, and royalty revenues from federal oil and gas leasing and operations authorized under this Act, including monthly payments to the state of Alaska. Deems any rights-of-way or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas to be established incident to the management of the Coastal Plain. Requires the Secretary to convey to: (1) the Kaktovik Inupiat Corporation the surface estate of certain land, and (2) the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under a specified agreement.
To authorize the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain in Alaska. 1. Short title This Act may be cited as the American Energy Independence and Security Act of 2014 2. Definitions In this Act: (1) Coastal Plain The term Coastal Plain (2) Federal agreement The term Federal Agreement 30 U.S.C. 185 (3) Final statement The term Final Statement (A) section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 (B) section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (4) Map The term map Arctic National Wildlife Refuge (5) Secretary The term Secretary (A) the Secretary of the Interior; or (B) the designee of the Secretary. 3. Leasing program for land within the Coastal Plain (a) In general (1) Authorization Congress authorizes the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain. (2) Actions The Secretary shall take such actions as are necessary— (A) to establish and implement, in accordance with this Act, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (B) to administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (i) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; and (ii) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed. (2) Conforming amendment The table of contents contained in section 1 of that Act ( 16 U.S.C. 3101 (c) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)— (A) the oil and gas preleasing and leasing program, and activities authorized by this section in the Coastal Plain, shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and (B) no further findings or decisions shall be required to implement that program and those activities. (2) Adequacy of the Department of the Interior's legislative environmental impact statement The Final Statement shall be considered to satisfy the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to preleasing, including exploration programs and actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this Act before the conduct of the first lease sale. (3) Compliance with NEPA for other actions (A) In general Before conducting the first lease sale under this Act, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this Act that are not referred to in paragraph (2). (B) Identification and analysis Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not— (i) identify nonleasing alternative courses of action; or (ii) analyze the environmental effects of those courses of action. (C) Identification of preferred action Not later than 1 year after the date of enactment of this Act, the Secretary shall identify only a preferred action and a single leasing alternative for the first lease sale authorized under this Act. (D) Effect of compliance Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this Act. (d) Relationship to State and local authority Nothing in this Act expands or limits any State or local regulatory authority. (e) Limitation on closed areas The Secretary shall not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this Act. (f) Regulations Not later than 1 year after the date of enactment of this Act, in consultation with the State of Alaska, the North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, the Secretary shall promulgate such regulations as are necessary to carry out this Act. 4. Lease sales (a) In general Land may be leased pursuant to this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. (b) Procedures The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in a lease sale; (2) the holding of lease sales after the nomination process described in paragraph (1); and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Bidding for leases under this Act shall be by sealed competitive cash bonus bids. (d) Acreage minimum in first sale For the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of lease sales The Secretary shall— (1) not later than 18 months after the date of enactment of this Act, conduct the first lease sale under this Act; (2) not later than 1 year after the date on which the first lease sale is conducted under paragraph (1), conduct a second lease sale under this Act; and (3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales. 5. Grant of leases by the Secretary (a) In general Upon payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary shall grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 a lease for any land on the Coastal Plain. (b) Subsequent transfers (1) In general No lease issued under this Act may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. (2) Condition for approval Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General. 6. Lease terms and conditions (a) In general An oil or gas lease issued pursuant to this Act shall— (1) provide for the payment of a royalty of not less than 12½ percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, may close, on a seasonal basis, such portions of the Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability described in paragraph (3) to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for land required to be reclaimed under this Act shall be, to the maximum extent practicable— (A) a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; or (B) upon application by the lessee, to a higher or better standard, as approved by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 3(a)(2); and (7) provide that each lessee, and each agent and contractor of a lessee, shall use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement. (b) Project labor agreements The Secretary, as a term and condition of each lease under this Act, and in recognizing the proprietary interest of the Federal Government in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this Act (including the special concerns of the parties to those leases), shall require that each lessee, and each agent and contractor of a lessee, under this Act negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. 7. Coastal plain environmental protection (a) No significant adverse effect standard To govern authorized coastal plain activities In accordance with section 3, the Secretary shall administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other provisions that— (1) ensure, to the maximum extent practicable, that oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum surface acreage covered in connection with the leasing program by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain. (b) Site-Specific assessment and mitigation The Secretary shall require, with respect to any proposed drilling and related activities on the Coastal Plain, that— (1) a site-specific environmental analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the maximum extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan occur after consultation with— (A) each agency having jurisdiction over matters mitigated by the plan; (B) the State of Alaska; (C) North Slope Borough, Alaska; and (D) the Arctic Slope Regional Corporation. (c) Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment Before implementing the leasing program authorized by this Act, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other measures designed to ensure, to the maximum extent practicable, that the activities carried out on the Coastal Plain under this Act are conducted in a manner consistent with the purposes and environmental requirements of this Act. (d) Compliance with Federal and State environmental laws and other requirements The regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this Act shall require— (1) compliance with all applicable provisions of Federal and State environmental law (including regulations); and (2) implementation of and compliance with— (A) standards that are at least as effective as the safety and environmental mitigation measures, as described in items 1 through 29 on pages 167 through 169 of the Final Statement; (B) reclamation and rehabilitation requirements in accordance with this Act for the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment on completion of oil and gas production operations, except in a case in which the Secretary determines that those facilities, structures, or equipment— (i) would assist in the management of the Arctic National Wildlife Refuge; and (ii) are donated to the United States for that purpose; and (C) reasonable stipulations for protection of cultural and archaeological resources. (e) Access to public land The Secretary shall— (1) manage public land in the Coastal Plain in accordance with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and (2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses. 8. Federal and State distribution of revenues (a) In general Notwithstanding any other provision of law, of the amount of bonus, rental, and royalty revenues from oil and gas leasing and operations authorized under this Act— (1) 50 percent shall be paid to the State of Alaska; and (2) the balance shall be deposited in the Treasury of the United States. (b) Payments to Alaska Payments to the State of Alaska under this section shall be made on a monthly basis. 9. Rights-of-way and easements across Coastal Plain For purposes of section 1102(4)(A) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3162(4)(A) 10. Conveyance Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.
American Energy Independence and Security Act of 2014
Carl Levin National Defense Authorization Act for Fiscal Year 2015 - Authorizes FY2015 appropriations for military activities of the Department of Defense (DOD), military construction, and for national security activities of the Department of Energy (DOE). 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, and other procurement; research, development, test, and evaluation; operation and maintenance; military personnel; working capital funds; the National Sea-Based Deterrence Fund; chemical agents and munitions destruction; drug interdiction and counter-drug activities; the Office of the Inspector General; the Defense Health Program; and overseas contingency operations. 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, including major defense acquisition programs; DOD organization and management; financial matters; counter-drug activities; counterterrorism; civilian personnel matters; matters relating to foreign nations, including assistance and training; cooperative threat reduction; nuclear forces; space, intelligence, and cyberspace related matters; 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. Authorizes appropriation for FY2015 to the Department of Energy for national security programs.
To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Carl Levin National Defense Authorization Act for Fiscal Year 2015 (b) Findings Congress makes the following findings: (1) Senator Carl Levin of Michigan was elected a member of the United States Senate on November 7, 1978, for a full term beginning January 3, 1979. He has served continuously in the Senate since that date, and was appointed as a member of the Committee on Armed Services in January 1979. He has served on the Committee on Armed Services since that date, a period of nearly 36 years. (2) A graduate of Detroit Central High School, Senator Levin went on to Swarthmore College, and graduated from Harvard Law School in 1959, gaining admittance to the Michigan bar. He served his State as assistant attorney general and general counsel of the Michigan Civil Rights Commission from 1964–1967, and later served his hometown of Detroit as a member of the Detroit City Council from 1969–1973, and as the council’s president from 1974–1977. (3) Senator Levin first served as chairman of the Committee on Armed Services of the United States Senate for a period of the 107th Congress, and has remained chairman since the 110th Congress began in 2007. He has exercised extraordinary leadership as either the chairman or ranking minority member of the committee since the start of the 105th Congress in 1997. (4) Each year, for the past 52 years, the Committee on Armed Services has reliably passed an annual defense authorization act, and this will be the 36th that Senator Levin has had a role in. In his capacity as member, ranking member, and chairman, he has been an advocate for a strong national defense, and has made lasting contributions to the security of our Nation. (5) It is altogether fitting and proper that this Act, the last annual authorization act for the national defense that Senator Levin manages in and for the United States Senate as chairman of the Committee on Armed Services, be named in his honor, as provided in subsection (a). 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into four divisions as follows: (1) Division A–Department of Defense Authorizations. (2) Division B–Military Construction Authorizations. (3) Division C–Department of Energy National Security Authorizations and Other Authorizations. (4) Division D–Funding Tables. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; findings. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A—Department of Defense Authorizations TITLE I—Procurement Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle C—Navy Programs Sec. 121. Airborne electronic attack capabilities. Sec. 122. Report on test evaluation master plan for Littoral Combat Ship seaframes and mission modules. Sec. 123. Authority to transfer certain funds for refueling of aircraft carrier and construction of amphibious ship. Subtitle D—Air Force Programs Sec. 131. Prohibition on retirement of MQ–1 Predator aircraft. Sec. 132. Limitation on availability of funds for retirement of Air Force aircraft. Sec. 133. Temporary limitation on availability of funds for transfer of Air Force C–130H and C–130J aircraft. Sec. 134. Limitation on availability of funds for retirement of A–10 aircraft. Sec. 135. Limitation on transfer of KC–135 tankers. Sec. 136. Limitation on availability of funds for retirement of Airborne Warning and Control System (AWACS) aircraft. Sec. 137. Report on status of air-launched cruise missile capabilities. Sec. 138. Report on C–130 aircraft. Sec. 139. Report on status of F–16 aircraft. Sec. 140. Report on options to modernize or replace the T–1A aircraft. 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. Modification of authority for prizes for advanced technology achievements. Sec. 212. Modification of Manufacturing Technology Program. Sec. 213. Limitation on retirement of Joint Surveillance and Target Attack Radar Systems aircraft. Sec. 214. Limitation on significant modifications of Army test and evaluation capabilities. Subtitle C—Reports Sec. 221. Study and reports on the technological superiority of the United States military. Sec. 222. Reduction in frequency of reporting by Deputy Assistant Secretary of Defense for Systems Engineering. Subtitle D—Other matters Sec. 231. Pilot program on assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise. Sec. 232. Pilot program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics. Sec. 233. Modification to requirement for contractor cost-sharing in 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. Authorization of appropriations. Subtitle B—Energy and the environment Sec. 311. Method of funding for cooperative agreements under the Sikes Act. Sec. 312. Environmental restoration at former Naval Air Station Chincoteague, Virginia. Sec. 313. Limitation on availability of funds for procurement of drop-in fuels. Sec. 314. Study on implementation of requirements for consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes. Sec. 315. Comptroller General study of Department of Defense research and development projects and investments to increase energy security and meet energy goals requirements. Sec. 316. Decontamination of a portion of former bombardment area on island of Culebra, Puerto Rico. Subtitle C—Logistics and sustainment Sec. 321. Modification of annual reporting requirement related to prepositioning of materiel and equipment. Sec. 322. Modification of quarterly readiness reporting requirement. Sec. 323. Elimination of authority to abolish arsenals. Subtitle D—Reports Sec. 331. Repeal of annual report on Department of Defense operation and financial support for military museums. Subtitle E—Limitations and extensions of authority Sec. 341. Limitation on MC–12 aircraft transfer to United States Special Operations Command. Sec. 342. Limitation on establishment of regional Special Operations Forces Coordination Centers. Subtitle F—Other matters Sec. 351. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors. Sec. 352. Revised policy on ground combat and camouflage utility uniforms. Sec. 353. Southern Sea Otter Military Readiness Areas. 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. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—Military Personnel Policy Subtitle A—Officer Personnel Policy Sec. 501. Authority for three-month deferral of retirement for officers selected for selective early retirement. Sec. 502. Repeal of limits on percentage of officers who may be recommended for discharge during a fiscal year under enhanced selective discharge authority. Sec. 503. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning. Sec. 504. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties. Sec. 505. Repeal of requirement for submittal to Congress of annual reports on joint officer management and promotion policy objectives for joint officers. Subtitle B—Reserve Component Management Sec. 511. Retention on reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees. Sec. 512. Database on military technician positions. Sec. 513. Improved consistency in suicide prevention and resilience program for the reserve components of the Armed Forces. Sec. 514. Office of Employer Support for the Guard and Reserve. Subtitle C—General Service Authorities Sec. 521. Enhancement of participation of mental health professionals in boards for correction of military records and boards for review of discharge or dismissal of members of the Armed Forces. Sec. 522. Extension of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces. Sec. 523. Sense of Senate on validated gender-neutral occupational standards for all military occupations. Sec. 524. Comptroller General of the United States report on impact of certain mental and physical trauma on discharges from military service for misconduct. Sec. 525. Sense of Senate on upgrade of characterization of discharge of certain Vietnam era members of the Armed Forces. Subtitle D—Member Education and Training Sec. 531. Enhancement of authority for members of the Armed Forces to obtain professional credentials. Sec. 532. Authority for Joint Special Operations University to award degrees. Sec. 533. Enhancement of information provided to members of the Armed Forces and veterans regarding use of Post-9/11 Educational Assistance and Federal financial aid through Transition Assistance Program. Sec. 534. Duration of foreign and cultural exchange activities at military service academies. Subtitle E—Military Justice and Legal Matters Sec. 541. Ordering of depositions under the Uniform Code of Military Justice. Sec. 542. Modification of Rule 513 of the Military Rules of Evidence, relating to the privilege against disclosure of communications between psychotherapists and patients. Sec. 543. Enhancement of victims' rights to be heard through counsel in connection with prosecution of certain sex-related offenses. Sec. 544. Eligibility of members of the reserve components of the Armed Forces for assistance of Special Victims' Counsel. Sec. 545. Additional enhancements of military department actions on sexual assault prevention and response. Sec. 546. Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial if requested by chief prosecutor. Sec. 547. Modification of Department of Defense policy on retention of evidence in a sexual assault case to permit return of personal property upon completion of related proceedings. Sec. 548. Inclusion of information on assaults in the Defense Sexual Assault Incident Database. Sec. 549. Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system. Sec. 550. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies. Sec. 551. Analysis and assessment of disposition of most serious offenses identified in unrestricted reports on sexual assaults in annual reports on sexual assaults in the Armed Forces. Sec. 552. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 553. Collaboration between the Department of Defense and the Department of Justice in efforts to prevent and respond to sexual assault. Sec. 554. Modification of term of judges of the United States Court of Appeals for the Armed Forces. Sec. 555. Report on review of Office of Diversity Management and Equal Opportunity role in sexual harassment cases. Sec. 556. Repeal of obsolete requirement to develop comprehensive management plan to address deficiencies in data captured in the Defense Incident-Based Reporting System. Subtitle F—Decorations and Award Sec. 561. Medals for members of the Armed Forces and civilian employees of the Department of Defense who were killed or wounded in an attack by a foreign terrorist organization. Subtitle G—Defense Dependents' Education and Military Family Readiness Matters Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 572. Impact aid for children with severe disabilities. Sec. 573. Amendments to the Impact Aid Improvement Act of 2012. Sec. 574. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School system. Sec. 575. Inclusion of domestic dependent elementary and secondary schools among functions of Advisory Council on Dependents' Education. Sec. 576. Department of Defense suicide prevention programs for military dependents. Subtitle H—Other Matters Sec. 581. Enhancement of authority to accept support for Air Force Academy athletic programs. 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. Modification of computation of basic allowance for housing inside the United States. Sec. 604. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits Sec. 621. Inapplicability of reduced annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 who first become members prior to January 1, 2016. Sec. 622. Modification of determination of retired pay base for officers retired in general and flag officer grades. Sec. 623. Modification of per-fiscal year calculation of days of certain active duty or active service to reduce eligibility age for retirement for non-regular service. Sec. 624. Earlier determination of dependent status with respect to transitional compensation for dependents of certain members separated for dependent abuse. Sec. 625. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support. Subtitle D—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations Sec. 631. Procurement of brand-name and other commercial items for resale by commissary stores. TITLE VII—Health Care Provisions Subtitle A—TRICARE Program Sec. 701. Annual mental health assessments for members of the Armed Forces. Sec. 702. Modifications of cost-sharing and other requirements for the TRICARE Pharmacy Benefits Program. Sec. 703. Parity in provision of inpatient mental health services with other inpatient medical services. Sec. 704. Availability of breastfeeding support, supplies, and counseling under the TRICARE program. Sec. 705. Authority for provisional TRICARE coverage for emerging health care products and services. Sec. 706. Report on status of reductions in TRICARE Prime service areas. Sec. 707. Repeal of requirement for ongoing Comptroller General of the United States reviews of viability of TRICARE Standard and TRICARE Extra. Subtitle B—Health Care Administration Sec. 721. Department of Defense Medicare-Eligible Retiree Health Care Fund matters. Sec. 722. Extension of authority for Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 723. Department of Defense-wide strategy for contracting for health care professionals for the Department of Defense. Sec. 724. Program on medication management in the Department of Defense. Subtitle C—Reports and Other Matters Sec. 731. Report on military family planning programs of the Department of Defense. Sec. 732. Interagency working group on the provision of mental health services to members of the National Guard and the Reserves. Sec. 733. Report on improvements in the identification and treatment of mental health conditions and traumatic brain injury among members of the Armed Forces. Sec. 734. Report on implementation of recommendations of Institute of Medicine on improvements to certain resilience and prevention programs of the Department of Defense. Sec. 735. Report on Department of Defense support of members of the Armed Forces who experience traumatic injury as a result of vaccinations required by the Department. Sec. 736. Comptroller General of the United States report on Military Health System Modernization Study of the Department of Defense. TITLE VIII—Acquisition Policy, Acquisition Management, and Related matters Subtitle A—Acquisition policy and management Sec. 801. Open systems approach to acquisition of systems containing information technology. Sec. 802. Recharacterization of changes to Major Automated Information System programs. Sec. 803. Process map requirement for milestone approval of defense business system programs. Sec. 804. Governance of Joint Information Environment. Sec. 805. Report on implementation of acquisition process for information technology systems. Sec. 806. Revision of requirement for acquisition programs to maintain defense research facility records. Sec. 807. Rapid acquisition and deployment procedures for United States Special Operations Command. Sec. 808. Consideration of corrosion control in preliminary design review. Sec. 809. Repeal of extension of Comptroller General report on inventory. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 821. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law. Sec. 822. Extension and modification of contract authority for advanced component development and prototype units and modification of authority. Sec. 823. Conditional temporary extension of comprehensive subcontracting plans. Sec. 824. Sourcing requirements related to avoiding counterfeit electronic parts. Sec. 825. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records. Sec. 826. Enhancement of whistleblower protection for employees of grantees. Sec. 827. Prohibition on reimbursement of contractors for congressional investigations and inquiries. Sec. 828. Enhanced authority to acquire certain products and services produced in Africa. Sec. 829. Requirement to provide photovoltaic devices from United States sources. Subtitle C—Provisions relating to major defense acquisition programs Sec. 841. Program manager development strategy. Sec. 842. Tenure and accountability of program managers for program development periods. Sec. 843. Tenure and accountability of program managers for program execution periods. Sec. 844. Removal of requirements related to waiver of preliminary design review and post-preliminary design review before Milestone B. Sec. 845. Comptroller General of the United States report on operational testing programs for major defense acquisition programs. Subtitle D—Other matters Sec. 861. Extension to United States Transportation Command of authorities relating to prohibition on contracting with the enemy. Sec. 862. Reimbursement of Department of Defense for assistance provided to nongovernmental entertainment-oriented media producers. Sec. 863. Three-year extension of authority for Joint Urgent Operational Needs Fund. TITLE IX—Department of Defense Organization and Management Subtitle A—Department of Defense Management Sec. 901. Reorganization of the Office of the Secretary of Defense and related matters. Sec. 902. Assistant Secretary of Defense for Manpower and Reserve Affairs. Subtitle B—Other Matters Sec. 911. Modifications to requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing. TITLE X—General Provisions Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. National Sea-Based Deterrence Fund. Sec. 1003. Sense of Senate on sequestration. Subtitle B—Counter-Drug Activities Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. Sec. 1012. Extension and modification of authority for joint task forces supporting law enforcement agencies conducting activities to counter transnational organized crime to support law enforcement agencies conducting counter-terrorism activities. Sec. 1013. Extension of authority to provide additional support for counter-drug activities of certain foreign governments. Sec. 1014. Extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies. Subtitle C—Naval Vessels and Shipyards Sec. 1021. Limitation on use of funds for inactivation of U.S.S. George Washington. Sec. 1022. Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships. Sec. 1023. Operational readiness of Littoral Combat Ships on extended deployments. Sec. 1024. 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—Counterterrorism Sec. 1031. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1032. Report on facilitation of transfer overseas of certain individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1033. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment. Sec. 1034. Prohibition on transfer or release to Yemen of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Reduction in Department of Defense civilian personnel and review of certain headquarters spending. Sec. 1042. Protection of Department of Defense installations. Sec. 1043. Authority to accept certain voluntary legal support services. Sec. 1044. Inclusion of Chief of the National Guard Bureau among leadership of the Department of Defense provided physical protection and personal security. Sec. 1045. Inclusion of regional organizations in authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense. Sec. 1046. Extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies. Subtitle F—Studies and Reports Sec. 1061. Reports on recommendations of the National Commission on the Structure of the Air Force. Sec. 1062. Review of operation of certain ships during the Vietnam era. Sec. 1063. Assessment of the operations research tools, processes, and capabilities in support of requirements analysis for major defense acquisition programs and allocation of intelligence, surveillance, and reconnaissance assets. Sec. 1064. Review of United States military strategy and the force posture of allies and partners in the United States Pacific Command area of responsibility. Sec. 1065. Department of Defense policies on community involvement in Department community outreach events. Sec. 1066. Comptroller General of the United States briefing and report on management of the conventional ammunition demilitarization stockpile of the Department of Defense. Sec. 1067. Repeal and modification of reporting requirements. Sec. 1068. Repeal of requirement for Comptroller General of the United States annual reviews and report on pilot program on commercial fee-for-service air refueling support for the Air Force. Subtitle G—Uniformed Services Voting PART I—Provision of voter assistance to members of the Armed Forces Sec. 1071. Provision of annual voter assistance. Sec. 1072. Designation of voter assistance offices. PART II—Electronic voting systems Sec. 1076. Repeal of electronic voting demonstration project. Subtitle H—Other Matters Sec. 1081. Biennial surveys of Department of Defense civilian employees on workplace and gender relations matters. Sec. 1082. Transfer of administration of Ocean Research Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration. Sec. 1083. 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. 1084. 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. 1085. Pilot program to rehabilitate and modify homes of disabled and low-income veterans. Sec. 1086. Technical and clerical amendments. TITLE XI—Civilian Personnel Matters Sec. 1101. Extension and modification of experimental program for scientific and technical personnel. Sec. 1102. Modifications of biennial strategic workforce plan relating to senior management, functional, and technical workforces of the Department of Defense. Sec. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1104. Personnel authorities for civilian personnel for the United States Cyber Command. TITLE XII—Matters Relating to Foreign Nations Subtitle A—Assistance and Training Sec. 1201. Modification of Department of Defense authority for humanitarian stockpiled conventional munitions assistance programs. Sec. 1202. Codification of recurring limitations on the use of funds for assistance for units of foreign security forces that have committed a gross violation of human rights. Sec. 1203. Codification and enhancement of authority to build the capacity of foreign security forces. Sec. 1204. Training of security forces and associated ministries of foreign countries to promote respect for the rule of law and human rights. Sec. 1205. Modification and extension of Global Security Contingency Fund authority. Sec. 1206. Use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. Sec. 1207. Cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1208. Extension and modification of authority for support of special operations to combat terrorism. Sec. 1209. Assistance to foster a negotiated settlement to the conflict in Syria. Sec. 1210. Limitations on security assistance for the Government of Burma. Sec. 1211. Biennial report on programs carried out by the Department of Defense to provide training, equipment, or other assistance or reimbursement to foreign security forces. Sec. 1212. Sense of the Senate on multilateral humanitarian assistance and disaster relief exercises. Subtitle B—Matters Relating to Afghanistan, Pakistan, and Iraq Sec. 1221. Commanders' Emergency Response Program in Afghanistan. Sec. 1222. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. Sec. 1223. One-year extension of authority to use funds for reintegration activities in Afghanistan. Sec. 1224. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1225. One-year extension of logistical support for coalition forces supporting certain United States military operations. Sec. 1226. Prohibition on use of funds for certain programs and projects of the Department of Defense in Afghanistan that cannot be safely accessed by United States Government personnel. Sec. 1227. Semiannual report on enhancing the strategic partnership between the United States and Afghanistan. Sec. 1228. Report on bilateral security cooperation with Pakistan. Sec. 1229. Surface clearance of unexploded ordnance on former United States training ranges in Afghanistan. Sec. 1230. Afghan Special Immigrant Visa Program. Sec. 1231. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Subtitle C—Reports Sec. 1241. Report on impact of end of major combat operations in Afghanistan on authority to use military force. Sec. 1242. United States strategy for enhancing security and stability in Europe. Sec. 1243. Report on military and security developments involving the Russian Federation. Sec. 1244. Modification of matters for discussion in annual reports of United States-China Economic and Security Review Commission. Sec. 1245. Report on maritime security strategy and annual briefing on military to military engagement with the People’s Republic of China. Sec. 1246. Report on military assistance to Ukraine. Subtitle D—Other Matters Sec. 1261. Treatment of Kurdistan Democratic Party and Patriotic Union of Kurdistan under the Immigration and Nationality Act. Sec. 1262. Notification on potentially significant arms control noncompliance. Sec. 1263. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense. Sec. 1264. One-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 1265. Inter-European Air Forces Academy. Sec. 1266. Extension of limitations on providing certain missile defense information to the Russian Federation. Sec. 1267. Prohibition on direct or indirect use of funds to enter into contracts or agreements with Rosoboronexport. TITLE XIII—COOPERATIVE THREAT REDUCTION Subtitle A—Funding allocations Sec. 1301. Specification of Cooperative Threat Reduction funds. Sec. 1302. Funding allocations. Subtitle B—Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program Sec. 1311. Short title. PART I—Program authorities Sec. 1321. Authority to carry out the Department of Defense Cooperative Threat Reduction Program. Sec. 1322. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities. Sec. 1323. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1324. Use of funds for other purposes or for increased amounts. Sec. 1325. Use of contributions to the Department of Defense Cooperative Threat Reduction Program. PART II—Restrictions and limitations Sec. 1331. Prohibition on use of funds for specified purposes. Sec. 1332. Requirement for on-site managers. Sec. 1333. Limitation on use of funds until certain permits obtained. PART III—Recurring certifications and reports Sec. 1341. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities. Sec. 1342. Requirement to submit summary of amounts requested by project category. Sec. 1343. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. Sec. 1344. Metrics for the Department of Defense Cooperative Threat Reduction Program. PART IV—Repeals and transition provisions Sec. 1351. Repeals. Sec. 1352. Transition provisions. TITLE XIV—Other Authorizations Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—National Defense Stockpile and Related Matters Sec. 1411. Report on development of secure supply of rare earth materials. Subtitle C—Other Matters Sec. 1421. Authority for transfer of funds to joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Federal Health Care Center, Illinois. Sec. 1422. Comptroller General of the United States report on Captain James A. Lovell Federal Health Care Center, North Chicago, Illinois. Sec. 1423. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1424. Designation and responsibilities of Senior Medical Advisor for the Armed Forces Retirement Home. TITLE XV—Authorization of Additional Appropriations for Overseas Contingency Operations Subtitle A—Authorization of Additional Appropriations Sec. 1501. Purpose. Sec. 1502. Overseas contingency operations. Subtitle B—Financial Matters Sec. 1511. Treatment as additional authorizations. Sec. 1512. Special transfer authority. Subtitle C—Limitations, Reports, and Other Matters Sec. 1521. Plan for transition of funding of United States Special Operations Command from supplemental funding for overseas contingency operations to recurring funding for future-years defense programs. Sec. 1522. Joint Improvised Explosive Device Defeat Fund. Sec. 1523. Afghanistan Security Forces Fund. Sec. 1524. Afghanistan Infrastructure Fund. Sec. 1525. Sense of Congress regarding counter-improvised explosive devices. TITLE XVI—Strategic Programs, Cyber, and Intelligence Matters Subtitle A—Nuclear Forces Sec. 1601. Procurement authority for certain parts of intercontinental ballistic missile fuzes. Sec. 1602. Form of and cost estimates relating to annual reports on plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system. Sec. 1603. Reports on installation of nuclear command, control, and communications systems at the United States Strategic Command headquarters. Sec. 1604. Reports on potential reductions to B61 life extension program. Sec. 1605. Sense of Congress on deterrence and defense posture of the North Atlantic Treaty Organization. Subtitle B—Missile defense programs Sec. 1611. Homeland ballistic missile defense. Sec. 1612. Regional ballistic missile defense. Sec. 1613. Availability of funds for missile defense programs of Israel. Sec. 1614. Acquisition plan for re-designed Exo-atmospheric Kill Vehicle. Sec. 1615. Testing and assessment of missile defense systems prior to production and deployment. Subtitle C—Space Activities Sec. 1621. Update of National Security Space Strategy to include space control and space superiority strategy. Sec. 1622. Allocation of funds for the Space Security and Defense Program; report on space control. Sec. 1623. Prohibition on contracting with Russian suppliers of critical space launch supplies for the Evolved Expendable Launch Vehicle program. Sec. 1624. Assessment of Evolved Expendable Launch Vehicle program. Sec. 1625. Report on reliance of Evolved Expendable Launch Vehicle program on foreign manufacturers. Sec. 1626. Availability of additional rocket cores pursuant to competitive procedures. Sec. 1627. Competitive procedures required to launch payload for mission number five of the Operationally Responsive Space Program. Sec. 1628. Limitation on funding for storage of Defense Meteorological Satellite Program satellites. Sec. 1629. Plan for development of liquid rocket engine for medium or heavy lift launch vehicle; transfer of certain funds. Sec. 1630. Study of space situational awareness architecture. Sec. 1631. Sense of the Senate on resolution limits on commercial space imagery. Subtitle D—Cyber warfare, cyber security, and related matters Sec. 1641. Cyberspace mapping. Sec. 1642. Review of cross domain solution policy and requirement for cross domain solution strategy. Sec. 1643. Budgeting and accounting for cyber mission forces. Sec. 1644. Requirement for strategy to develop and deploy decryption service for the Joint Information Environment. Sec. 1645. Reporting on penetrations into networks and information systems of operationally critical contractors. Sec. 1646. Sense of Congress on the future of the Internet and the .MIL top-level domain. Subtitle E—Intelligence-Related matters Sec. 1651. Extension of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 1652. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad. Sec. 1653. Extension of authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad. Sec. 1654. Personnel security and insider threat. Sec. 1655. Migration of Distributed Common Ground System of Department of the Army to an open system architecture. TITLE XVII—National Commission on the Future of the Army Sec. 1701. Short title. Sec. 1702. Prohibition on use of fiscal year 2015 funds to reduce strengths of Army personnel. Sec. 1703. Limitation on use of fiscal year 2015 funds for transfer or divestment of certain aircraft assigned to the Army National Guard. Sec. 1704. National Commission on the Future of the Army. Sec. 1705. Duties of the Commission. Sec. 1706. Powers of the Commission. Sec. 1707. Commission personnel matters. Sec. 1708. Termination of the Commission. Sec. 1709. Funding. 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. Sec. 2108. Limitation on construction of cadet barracks at United States Military Academy, New York. Sec. 2109. Limitation on funding for family housing construction at Camp Walker, Republic of Korea. 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 authorization of certain fiscal year 2011 project. Sec. 2305. Extension of authorizations of certain fiscal year 2012 projects. 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. 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. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2703. HUBZones. TITLE XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program and Military Family Housing Changes Sec. 2801. Clarification of authorized use of in-kind payments and in-kind contributions. Sec. 2802. Residential building construction standards. Sec. 2803. Modification of minor military construction authority for projects to correct deficiencies that are life-, health-, or safety-threatening. Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Sec. 2805. Limitation on construction projects in European Command area of responsibility. Sec. 2806. Limitation on construction of new facilities at Guantanamo Bay, Cuba. Subtitle B—Real Property and Facilities Administration Sec. 2811. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions. Sec. 2812. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations. Subtitle C—Provisions Related to Asia-Pacific Military Realignment Sec. 2821. Realignment of Marines Corps forces in Asia-Pacific region. Subtitle D—Land Conveyances Sec. 2831. Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii. Sec. 2832. Land exchange, Arlington County, Virginia. Sec. 2833. Transfers of administrative jurisdiction, Camp Frank D. Merrill and Lake Lanier, Georgia. Sec. 2834. Transfer of administrative jurisdiction, Camp Gruber, Oklahoma. Subtitle E—Other Matters Sec. 2841. Establishment of memorial to the victims of the shooting at the Washington Navy Yard on September 16, 2013. DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National security programs authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Subtitle B—Program authorizations, restrictions, and limitations Sec. 3111. Life-cycle cost estimates of certain atomic energy defense capital assets. Sec. 3112. Expansion of requirement for independent cost estimates on life extension programs and new nuclear facilities. Sec. 3113. Implementation of Phase I of Uranium Capabilities Replacement Project. Sec. 3114. Establishment of the Advisory Board on Toxic Substances and Worker Health. Sec. 3115. Comments of Administrator for Nuclear Security on reports of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise. Sec. 3116. Identification of amounts required for uranium technology sustainment in budget materials for fiscal year 2016. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. TITLE XXXV—MARITIME ADMINISTRATION Sec. 3501. Maritime Administration. DIVISION D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—Procurement Sec. 4101. Procurement. TITLE XLII—Research, Development, Test, and Evaluation Sec. 4201. Research, development, test, and evaluation. TITLE XLIII—Operation and Maintenance Sec. 4301. Operation and maintenance. TITLE XLIV—Military Personnel Sec. 4401. Military personnel. TITLE XLV—Other Authorizations Sec. 4501. Other authorizations. TITLE XLVI—Military Construction Sec. 4601. Military construction. TITLE XLVII—Department of Energy National Security Programs Sec. 4701. Department of Energy national security programs. 3. Congressional defense committees For purposes of this Act, the term congressional defense committees section 101(a)(16) 4. Budgetary effects of this Act The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation A Department of Defense Authorizations I Procurement A Authorization of Appropriations 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101. C Navy Programs 121. Airborne electronic attack capabilities (a) In general The Secretary of the Navy shall take whatever steps the Secretary deems appropriate and are available to the Navy to ensure that the Navy retains the option of buying more EA–18G aircraft if further analysis of airborne electronic attack (AEA) force structure indicates the Navy should buy more EA–18G aircraft. (b) Funding To the extent provided in appropriations Acts, the Secretary of the Navy may transfer from fiscal year 2014 Aircraft Procurement, Navy funds, $75,000,000 to support Navy efforts to ensure that the Navy is not prevented from deciding to buy more EA–18G aircraft by the closure of the EA–18G production line if Navy analysis indicates that buying more EA–18G aircraft is required to meet airborne electronic warfare requirements. (c) Covered funds For purposes of this section, the term fiscal year 2014 Aircraft Procurement, Navy funds Public Law 113–66 (d) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (e) Construction of authority The transfer authority in this section is in addition to any other transfer authority provided in this Act. (f) Briefing Not later than September 1, 2014, the Secretary of the Navy shall provide briefings to the congressional defense committees on— (1) the options available to the Navy for ensuring that the Navy will not be precluded from buying more EA–18G aircraft if that is what the Navy analysis concludes should be done; and (2) an update on the Navy’s progress in conducting its analysis of emerging requirements for airborne electronic attack. 122. Report on test evaluation master plan for Littoral Combat Ship seaframes and mission modules (a) In general Not later than 60 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the test evaluation master plan for the seaframes and mission modules for the Littoral Combat Ship program. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of the Navy's progress with respect to the test evaluation master plan. (2) An assessment of whether or not completion of the test evaluation master plan will demonstrate operational effectiveness and operational suitability for both seaframes and each mission module. 123. Authority to transfer certain funds for refueling of aircraft carrier and construction of amphibious ship (a) In general To the extent provided in appropriations Acts, upon a determination described in subsection (b), the Secretary of the Navy is authorized to transfer funds available in Shipbuilding and Conversion, Navy or any other Navy procurement account for either or both of the following purposes: (1) Up to $650,000,000 to conduct a refueling and complex overhaul of the U.S.S. George Washington (CVN–73). (2) Up to $650,000,000 for the ship construction of a San Antonio class amphibious ship. (b) Determination A determination described in this subsection is a determination by the Secretary of the Navy that— (1) unobligated balances are available in the program or programs from which funds will be transferred pursuant to subsection (a) due to slower than expected program execution; and (2) the transfer of funds will fill a high priority military need and is in the best interest of the Department of the Navy. (c) Contingent authorization The Secretary of the Navy is authorized to enter into a contract for the procurement of one San Antonio class amphibious ship beginning in fiscal year 2015, and to use incremental funding for the procurement of that ship, if additional funds are made available for such purpose in fiscal year 2015 and the Secretary determines that such procurement will fill a high priority military need and is in the best interests of the Department of the Navy. (d) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (e) Construction of authority The transfer authority under this section is in addition to any other transfer authority provided in this Act. D Air Force Programs 131. Prohibition on retirement of MQ–1 Predator aircraft None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Air Force may be used to retire any MQ–1 Predator aircraft. 132. Limitation on availability of funds for retirement of Air Force aircraft (a) Limitation None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage any aircraft of the Air Force, except for such aircraft the Secretary of the Air Force planned to retire as of April 9, 2013, until 60 days after submittal of the report as described in subsection (b) of the report required by that subsection. (b) Report (1) In general The Secretary shall submit to the congressional defense committees a report on the appropriate contributions of the regular Air Force, the Air National Guard, and the Air Force Reserve to the total force structure of the Air Force. (2) Elements The report shall include the following: (A) A separate presentation of mix of forces for each mission and aircraft platform of the Air Force. (B) An analysis and recommendations for not less than 80 percent of the missions and aircraft platforms described in subparagraph (A). 133. Temporary limitation on availability of funds for transfer of Air Force C–130H and C–130J aircraft (a) Limitation None of the funds authorized to be appropriated by this Act or otherwise made available for the Air Force may be obligated or expended to transfer from one Department of Defense facility to another any C–130H or C–130J aircraft until 60 days after the Secretary of the Air Force submits to the congressional defense committees an assessment of the costs and benefits of the proposed transfer. (b) Report The assessment referred to in subsection (a) shall include, at a minimum, the following elements: (1) A recommended basing alignment of C–130H2, C–130H3, and C–130J aircraft. (2) An identification of how that plan deviates from the basing plan approved by the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (3) An explanation of why that plan deviates, if in any detail, from the plan approved by that Act. (4) An assessment of the national security benefits and any other expected benefits of the proposed transfers, including benefits for the facility or facilities expected to receive the transferred aircraft. (5) An assessment of the costs of the proposed transfers, including the impact of the proposed transfers on the facility or facilities from which the aircraft will be transferred. (6) An analysis of the recommended basing alignment that demonstrates that the recommendation is the most effective and efficient alternative for such basing alignment. (7) For units equipped with special capabilities, such the modular airborne firefighting system capability, an analysis of the impact of the proposed transfers on the ability to satisfy missions that utilize those capabilities. (c) Comptroller General report Not later than 45 days after the Secretary of the Air Force submits the report required under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a sufficiency review of that report, including any findings and recommendations relating to such review. 134. Limitation on availability of funds for retirement of A–10 aircraft (a) Limitation None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Air Force may be obligated or expended to make significant changes to manning levels with respect to any A–10 aircraft squadrons, or to retire, prepare to retire, or place in storage any A–10 aircraft, except for such aircraft the Secretary of the Air Force, as of April 9, 2013, planned to retire. (b) Rule of construction Nothing in this section shall be construed to limit or otherwise affect the requirement to maintain the operational capability of the A–10 aircraft. 135. Limitation on transfer of KC–135 tankers The Secretary of the Air Force may not transfer KC–135 aircraft from Joint Base Pearl Harbor-Hickam until the Secretary submits a report to the congressional defense committees on the cost and benefits of such transfer compared to the costs and benefits of keeping the aircraft where they are. 136. Limitation on availability of funds for retirement of Airborne Warning and Control System (AWACS) aircraft (a) Limitation None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to make significant changes to manning levels with respect to any Airborne Warning and Control Systems (AWACS) aircraft, or to retire, prepare to retire, or place in storage any AWACS aircraft. (b) Rule of construction Nothing in this section shall be construed to limit or otherwise affect the requirement to maintain the operational capability of the E–3 AWACS. 137. Report on status of air-launched cruise missile capabilities (a) Findings Congress makes the following findings: (1) The capability provided by the nuclear-capable, air launched cruise missile (ALCM) is critical to maintaining a credible and effective air-delivery leg of the triad, preserving the ability to respond to geopolitical and technical surprise, and reassuring United States allies through credible extended deterrence. (2) In its fiscal year 2015 budget request, the Air Force delayed development of the Long Range Standoff Weapon (LRSO), the follow-on for the ALCM, by three years. (3) The Air Force plans to sustain the current ALCM, known as the AGM–86, until approximately 2030, with multiple service life extension programs required to preserve but not enhance existing ALCM capabilities. (4) The AGM–86 was initially developed in the 1970s and deployed in the 1980s. (5) The average age of the ALCM inventory is over 30 years old. (6) The operating environment, particularly the sophistication of integrated air defenses, has evolved substantially since the ALCM’s inception. (7) The AGM–86 is no longer in production and the inventory of spare bodies for required annual testing continues to diminish, posing serious challenges for long-term sustainment. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall submit to the congressional defense committees a report on the status of the current air-launched cruise missile and the development of the follow-on system, the long-range standoff weapon. (2) Elements The report required under paragraph (1) shall include the following elements: (A) An assessment of the current system’s effectiveness and survivability through 2030, including the impact of any degradation on the ability of the United States Strategic Command to meet deterrence requirements, such as the number of targets held at risk by the air-launched cruise missile or the burdens placed on other legs of the triad. (B) A description of age-related failure trends, and assessment of potential age-related fleet-wide reliability and supportability problems, as well as the estimated costs for sustaining the existing system. (C) A detailed plan, including initial cost estimates, for the development and deployment of the follow-on system that will achieve initial operational capability before 2030. (D) An assessment of the feasibility and advisability of alternative development strategies, including initial cost estimates, that would achieve full operational capability before 2030. (E) An assessment of current testing requirements and the availability of test bodies to sustain the current system over the long term. (F) A description of the extent to which the airframe and other related components can be completed independent of the payload, as determined by the Nuclear Weapons Council. (G) A statement of the risks assumed by not fielding an operational replacement for the existing air-launched cruise missile by 2030. (3) Form The report required under paragraph (1) shall be submitted in classified form, but may include an unclassified summary. 138. Report on C–130 aircraft (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report including a complete analysis and fielding plan for C–130 aircraft. (b) Content The fielding plan submitted under subsection (a) shall also include specific details of the Air Force’s plan to maintain intra-theater airlift capacity and capability within both the active and reserve components, including its modernization and recapitalization plan for C–130H and C–130J aircraft. 139. Report on status of F–16 aircraft Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the status and location, and any plans to change during the period of the future years defense program the status or locations, of all F–16 aircraft in the United Air Force inventory. 140. Report on options to modernize or replace the T–1A aircraft (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on options for the modernization or replacement of the T–1A aircraft capability. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of options for— (A) new procurement; (B) conducting a service life extension program on existing aircraft; (C) replacing organic aircraft with leased aircraft or services for the longer term; and (D) replacing organic aircraft with leased aircraft or services while the Air Force executes a new procurement or service life extension program. (2) An evaluation of the ability of each alternative to meet future training requirements. (3) Estimates of life cycle costs. (4) A description of potential cost savings from merging a T–1A capability replacement program with other Air Force programs, such as the Companion Trainer Program. 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 specified in the funding table in section 4201. B Program requirements, restrictions, and limitations 211. Modification of authority for prizes for advanced technology achievements (a) Modification of limit on amount of awards Subsection (c)(1) of section 2374a The total amount No prize competition may result in the award of a cash prize of more than $10,000,000. (b) Acceptance of funds Such section is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection (f): (f) Acceptance of funds In addition to such sums as may be appropriated or otherwise made available to the Secretary to award prizes under this section, the Secretary may accept funds from other Federal departments and agencies, and from State and local governments, to award prizes under this section. . (c) Frequency of reporting Subsection (e) of such section is amended— (1) in paragraph (1)— (A) by striking each year every other year (B) by striking fiscal year two fiscal years (2) in paragraph (2), in the matter before subparagraph (A), by striking a fiscal year a period of two fiscal years (3) in the subsection heading by striking annual biennial 212. Modification of Manufacturing Technology Program (a) Modification of Joint Defense Manufacturing Technology Panel reporting requirement Subsection (e)(5) of section 2521 Assistant Secretary of Defense for Research and Engineering one or more individuals designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics for purposes of this paragraph (b) Decreased frequency of update of five-year strategic plan Subsection (f)(3) of such section is amended by striking on a biennial basis not less frequently than once every four years 213. Limitation on retirement of Joint Surveillance and Target Attack Radar Systems aircraft (a) Limitation The Secretary of the Air Force may not make any significant changes to manning levels with respect to any operational Joint Surveillance and Target Attack Radar Systems (JSTARS) aircraft or take any action to retire or to prepare to retire such aircraft until the date that is 60 days after the date on which the Secretary submits to the congressional defense committees the report required by subsection (b). (b) Report The Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following: (1) An update on the results of the analysis of alternatives for recapitalizing the current Joint Surveillance and Target Attack Radar Systems capability. (2) An analysis of life cycle supports costs of maintaining the current fleet of Joint Surveillance and Target Attack Radar Systems aircraft and the costs of replacing such fleet with a new aircraft and radar system employing mature technology. (3) An assessment of the cost and schedule of developing and fielding a new aircraft and radar system employing mature technology to replace the current Joint Surveillance and Target Attack Radar Systems aircraft. 214. Limitation on significant modifications of Army test and evaluation capabilities (a) In general The Secretary of the Army may not undertake actions which will result in a significant modification of the test and evaluation capabilities of the Army Test and Evaluation Command within the Major Range and Test Facility Base (MRTFB) until 30 days after the date on which the Secretary submits to the congressional defense committees a report setting forth the following: (1) A business case analysis of the proposed consolidation. (2) An estimate of the savings to be achieved or costs to be incurred through the proposed consolidation. (3) The written assessment of the Director of the Test Resource Management Center (TRMC) of the Department of Defense of the proposed consolidation. (b) Sunset The requirements in this section shall end on September 30, 2015. C Reports 221. Study and reports on the technological superiority of the United States military (a) Study required (1) In general The Secretary of Defense shall, using the Defense Science Board or such other independent entity as the Secretary selects for purposes of this subsection, provide for a study of the technological superiority of the United States military and efforts to address challenges to the maintenance of such technological superiority. (2) Scope of study The study required pursuant to paragraph (1) shall include the following: (A) An assessment of current and anticipated foreign technological capabilities that will be deployed and will represent a significant challenge to deployed forces and systems of the United States military within 10 years of the date of the enactment of this Act. (B) An assessment of current threats facing deployed forces and systems of the United States military that cannot be adequately addressed by systems currently being acquired or by current requirements in current acquisition programs. (C) An assessment of the adequacy of current developmental programs and resources to address the threats described in subparagraph (B). (D) An identification of authorities, policies, and procedures that could be adopted or adapted to enhance the effectiveness and efficiency of the Department of Defense in addressing challenges to the technological superiority of the United States military that are identified in the study. (E) Such other matters relating to the technological superiority of the United States military, and current and anticipated challenges to the maintenance of such technology superiority, as the Secretary shall specify for purposes of the study. (3) Access to information The Secretary shall ensure that entity conducting the study required by paragraph (1) has appropriate access to all data, information, personnel, and records (whether classified or unclassified) necessary to conduct the study. (4) Report on study The entity conducting the study required by paragraph (1) shall submit to the Secretary, and to Congress, a report on the study by not later than February 1, 2016. (b) Secretary of Defense 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: (1) A list and description of current funded programs of the Department of Defense intended to achieve the deployment of capabilities to address challenges to the technological superiority of deployed forces and systems of the United States during the 10-year period beginning on the date of the enactment of this Act, including the funding currently programmed for such programs. (2) A description of the processes being used by the Department to identify challenges to the technological superiority of forces and systems described in paragraph (1), including challenges not being addressed by current requirements in current acquisition programs. (3) A description of any authorities, policies, or procedures currently under development to improve the effectiveness and efficiency of the Department in addressing challenges to the technological superiority of the United States military. (c) Form of reports The reports submitted to Congress under subsections (a)(4) and (b) shall be submitted in unclassified form, but may include a classified annex. 222. Reduction in frequency of reporting by Deputy Assistant Secretary of Defense for Systems Engineering (a) In general Section 139b(d) (1) by redesignating paragraph (2) as paragraph (4); (2) in paragraph (1), in the second sentence of the matter before subparagraph (A), by striking Each report (3) Contents Each report submitted under paragraph (1) or (2) ; and (3) by striking paragraph (1) and inserting the following new paragraphs (1) and (2): (1) Annual report by Deputy Assistant Secretary of Defense for Developmental Test and Evaluation Not later than March 31 of each year, the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsections (a) during the preceding year. (2) Biennial report by Deputy Assistant Secretary of Defense for Systems Engineering Not later than March 31 of every other year, the Deputy Assistant Secretary of Defense for Systems Engineering shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsection (b) during the preceding two-year period. . (b) Clerical amendment The heading for such section is amended by striking annual report annual and biennial reports (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and the first report submitted under paragraph (2) of section 139b(d) of such title, as added by subsection (a)(3), shall be submitted not later than March 31, 2015. D Other matters 231. Pilot program on assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise (a) Pilot program authorized In accordance with the provisions of this section, the Director of the Defense Advanced Research Projects Agency may carry out a pilot program to assess the feasibility and advisability of temporarily assigning covered individuals with significant technical expertise in research and development areas of critical importance to defense missions to the Agency to lead research or development projects of the Agency. (b) Covered individuals For purposes of the pilot program, a covered individual is any individual who is employed by a covered entity. (c) Covered entities For purposes of the pilot program, a covered entity is any non-Federal, nongovernmental entity that— (1) is not a defense contractor; or (2) is a nontraditional defense contractor. (d) Assignment of covered individuals (1) Number of individuals assigned Under the pilot program, the Director may assign covered individuals to the Agency as described in subsection (a), but may not have more than five covered individuals so assigned at any given time. (2) Period of assignment (A) Except as provided in subparagraph (B), the Director may, under the pilot program, assign a covered individual described in subsection (a) to lead research and development projects of the Agency for a period of not more than two years. (B) The Director may extend the assignment of a covered individual for an additional two years as the Director considers appropriate. (3) Application of certain provisions of title 5 Except as otherwise provided in this section, the Director shall carry out the pilot program in accordance with the provisions of subchapter VI of chapter 33 other organization (4) Pay and supervision A covered individual employed by a covered entity who is assigned to the Agency under the pilot program— (A) may continue to receive pay and benefits from such covered entity with or without reimbursement by the Agency; (B) is not entitled to pay from the Agency; and (C) shall be subject to supervision by the Director in all duties performed for the Agency under the pilot program. (e) Conflicts of interest (1) Practices and procedures required The Director shall develop practices and procedures to manage conflicts of interest and the appearance of conflicts of interest that could arise through assignments under the pilot program. (2) Elements The practices and procedures required by paragraph (1) shall include, at a minimum, the requirement that each covered individual assigned to the Agency under the pilot program shall sign an agreement that provides for the following: (A) The non-disclosure of any trade secrets or other nonpublic or proprietary information which is of commercial value to the covered entity from which such covered individual is assigned. (B) The assignment of rights to intellectual property developed in the course of any research or development project under the pilot program— (i) to the Agency and its contracting partners in accordance with applicable provisions of law regarding intellectual property rights; and (ii) not to the covered individual or the covered entity from which such covered individual is assigned. (C) Such additional measures as the Director considers necessary to prevent the covered individual or the employer of the covered individual from gaining unfair advantage over competitors as result of the assignment. (f) Prohibition on charges by covered entities A covered entity may not charge the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the covered entity to a covered individual assigned to the Agency under the pilot program. (g) Annual report Not later than the first October 31 after the first fiscal year in which the Director carries out the pilot program and each October 31 thereafter that immediately follows a fiscal year in which the Director carries out the pilot program, the Director shall submit to the congressional defense committees a report on the activities carried out under the pilot program during the most recently completed fiscal year. (h) Termination of authority The authority provided in this section shall expire on September 30, 2020, except that any covered individual assigned to the Agency under the pilot program shall continue in such assignment until the terms of such assignment have been satisfied. (i) Nontraditional defense contractor defined In this section, the term nontraditional defense contractor section 2302 232. Pilot program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics (a) Pilot program The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of— (1) enhancing the preparation of covered students for careers in science, technology, engineering, and mathematics; and (2) providing assistance to the teachers of such students to enhance preparation described in paragraph (1). (b) Covered students For purposes of the pilot program, covered students are dependents of members of the Armed Forces who are enrolled in an elementary or secondary school at which the Secretary determines a significant number of such dependents are enrolled. (c) Coordination In carrying out the pilot program, the Secretary shall coordinate with the following: (1) The Secretaries of the military departments. (2) The Secretary of Education. (3) The National Science Foundation. (4) The heads of such other Federal, State, and local government and private sector organizations as the Secretary of Defense considers appropriate. (d) Activities Activities under the pilot program may include the following: (1) Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for covered students and their teachers. (2) Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for covered students and their teachers. (3) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for covered students and their teachers. (e) Metrics The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the pilot program with respect to the needs of the Department of Defense. (f) Authorities In carrying out the pilot program, the Secretary shall, to the maximum extent practicable, make use of the authorities under chapter 111 and sections 2601, 2605, and 2374a of title 10, United States Code, section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note), and such other authorities as the Secretary considers appropriate. (g) Report Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on activities carried out under the pilot program. (h) Termination The pilot program required by subsection (a) shall terminate on September 30, 2020. 233. Modification to requirement for contractor cost-sharing in 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 (1) by striking at least one-half half (2) by inserting , or such other portion of such cost as the Secretary considers appropriate upon showing of good cause such activities III Operation and maintenance A Authorization of appropriations 301. Authorization of appropriations 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, as specified in the funding table in section 4301. B Energy and the environment 311. Method of funding for cooperative agreements under the Sikes Act (a) Method of payments under cooperative agreements Subsection (b) of section 103a of the Sikes Act ( 16 U.S.C. 670c–1 (1) by inserting (1) Funds (2) by adding at the end the following new paragraphs: (2) In the case of a cooperative agreement under subsection (a)(2), such funds— (A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and (B) may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal. (3) If any funds are placed by a recipient in an interest-bearing or other investment account under paragraph (2)(B), the Secretary of Defense shall report biennially to the congressional defense committees on the disposition of such funds. . (b) Availability of funds; agreement under other laws Subsection (c) of such section is amended to read as follows: (c) Availability of funds; agreement under other laws (1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds. (2) Notwithstanding chapter 63 . 312. 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) (d) No effect on compliance with environmental laws Nothing in this section affects or limits the application of or obligation to comply with any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et. seq) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. 313. Limitation on availability of funds for procurement of drop-in fuels (a) Limitation None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to make a bulk purchase of a drop-in fuel for operational purposes unless the cost of that drop-in fuel is cost-competitive with the cost of a traditional fuel available for the same purpose. (b) Waiver (1) In general Subject to the requirements of paragraph (2), the Secretary of Defense may waive the limitation under subsection (a) with respect to a purchase. (2) Notice required Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees notice of the waiver. Any such notice shall include each of the following: (A) The rationale of the Secretary for issuing the waiver. (B) A certification that the waiver is in the national security interest of the United States. (C) The expected cost of the purchase for which the waiver is issued. (c) Definitions In this section: (1) Drop-in fuel The term drop-in fuel (2) Traditional fuel The term traditional fuel (3) Operational purposes The term operational purposes 314. Study on implementation of requirements for consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes (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 regarding the implementation of section 332 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 10 U.S.C. 2911 section 332 (1) A list of acquisition solicitations that incorporate analysis established and developed pursuant to section 332. (2) An analysis of the extent to which Department of Defense planning, requirements development, and acquisition processes incorporate or rely on the fully burdened cost of energy and energy key performance parameter in relation to other metrics. (3) An estimate of the total fuel costs avoided as a result of inclusion of the fully burdened cost of energy and energy key performance parameter in acquisitions, including an estimate of monetary savings and fuel volume savings. (4) An analysis of the extent to which the energy security requirements of the Department of Defense are enhanced by incorporation of section 332 requirements in the acquisition process, and recommendations for further improving section 332 requirements to further enhance energy security and mission capability requirements. (b) Energy security defined In this section, the term energy security section 2924(3) 315. Comptroller General study of Department of Defense research and development projects and investments to increase energy security and meet energy goals requirements (a) Study required (1) In general The Comptroller General of the United States shall conduct a review of Department of Defense projects, strategy, resourcing, and research, development, and investment in pursuit of increasing energy security, decreasing energy consumption and logistical burdens, reducing tactical and strategic vulnerabilities, and meeting the renewable energy goals set forth in section 2911(e) (2) Scope The review conducted under paragraph (1) shall specify— (A) specific programs, costs, and estimated and expected savings of the programs, and the methodology and accuracy of cost savings projections, including the cost of construction, maintenance, and modernization of facilities, infrastructure, and equipment relative to the costs of using traditional energy sources; and (B) any benefits related to increased energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption and logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces. (b) Report Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the review conducted under subsection (a), including the following elements: (1) A description of all current Department of Defense energy research, development, and investment initiatives throughout the Department of Defense, by military service, including— (A) the use of any renewable energy source as specified in section 2911(e)(2) (B) the total dollars spent to date compared to the total dollars spent to date on the lifecycle costs of conventional energy sources; (C) the estimated total cost projected duration of each project, if implemented; and (D) any potential benefits related to meeting Department of Defense technology development goals, increasing energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption and logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces. (2) A description of— (A) the estimated and expected savings or cost increases of each of the projects; (B) the methodology and accuracy of cost savings projections, including the cost of construction, maintenance, modernization of facilities, infrastructure, and equipment relative to the costs of using traditional energy sources; (C) any potential benefits related to meeting Department of Defense technology development goals, increasing energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption and logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces as described in paragraph (1), including a comparison of the lifecycle costs and benefits of renewable power to the lifecycle costs and benefits of conventional energy sources projected over future periods of 10, 20, and 30 years with reasonable consideration given to utility rate structures, costs associated with ancillary services, and anticipated transmission or other construction costs incurred or avoided by a particular type of energy project. (3) An assessment of— (A) the adequacy of the coordination by the Department of Defense among the service branches and the Department of Defense as a whole, and whether or not the Department of Defense has an effective, combat capabilities-based, and coordinated energy research, development, and investment strategy for energy projects with consideration for savings realized for dollars invested and the capitalization costs of such investments; and (B) any potential benefits related to meeting Department of Defense technology development goals, increasing energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption, reduced logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces. (4) An assessment of any challenges and gaps faced by the Department of Defense between its goals and its current research, development, and investment in energy initiatives. (5) Recommendations whether a need exists for a new energy strategy for the Department of Defense that provides the Department with assured access to reliable supplies of energy required to meet all the needs and combat capabilities of the Armed Forces. 316. Decontamination of a portion of former bombardment area on island of Culebra, Puerto Rico (a) Sense of Congress It is the sense of Congress that certain limited portions of the former bombardment area on the Island of Culebra should be available for safe public recreational use while the remainder of the area is most advantageously reserved as habitat for endangered and threatened species. (b) Modification of restriction on decontamination limitation The first sentence of section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93–166; 87 Stat. 668) shall not apply to the beaches, the campgrounds, and the Carlos Rosario Trail. (c) Modification of deed restrictions Notwithstanding paragraph 9 of the quitclaim deed, the Secretary of the Army may expend funds available in the Environmental Restoration Account, Formerly Used Defense Sites, established pursuant to section 2703(a)(5) (d) Precise boundaries The Secretary of the Army shall determine the exact boundaries of the beaches, the campgrounds, and the Carlos Rosario Trail for purposes of this section. (e) Definitions In this section: (1) The term beaches (2) The term campgrounds (3) The term Carlos Rosario Trail (4) The term Figure 4 (5) The term former bombardment area Public Law 93–166 (6) The term quitclaim deed (7) The term study Study Relating to the Presence of Unexploded Ordnance in a Portion of the Former Naval Bombardment Area of Culebra Island, Commonwealth of Puerto Rico Public Law 111–383 (8) The term unexploded ordnance section 101(e)(5) C Logistics and sustainment 321. Modification of annual reporting requirement related to prepositioning of materiel and equipment Section 321(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 10 U.S.C. 2229 (1) by striking Not later than (1) Initial report Not later than ; (2) by striking , and annually thereafter (3) by adding at the end the following new paragraph: (2) Progress reports Not later than one year after submitting the report required under paragraph (1), and annually thereafter for two years, the Comptroller General shall submit to the congressional defense committees a report assessing the progress of the Department of Defense in implementing its strategic policy and plan for its prepositioned stocks and including any additional information related to the Department's management of its prepositioned stocks that the Comptroller General determines appropriate. . 322. Modification of quarterly readiness reporting requirement Section 482 (1) in subsection (a)— (A) by inserting active and reserve military readiness (B) by striking subsections (b), (d), (f), (g), (h), (i), (j), and (k) subsections (b), (d), (e), (f), and (g). (2) by striking subsections (d), (e), (f), and (k); (3) by redesignating subsections (g), (h), (i), (j), and (l) as subsections (d), (e), (f), (g), and (h), respectively; (4) in subsection (d)(1), as redesignated by paragraph (3), by striking National Response Plan National Response Framework (NRF) (5) in subsection (e), as so redesignated, by adding at the end the following new paragraph: (3) The assessment included in the report under paragraph (1) by the Commander of the United States Strategic Command shall include a separate assessment prepared by the Commander of United States Cyber Command relating to the United States Cyber Command. ; and (6) in subsection (g), as so redesignated— (A) by striking subparagraph (G); and (B) by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H), respectively. 323. Elimination of authority to abolish arsenals (a) In general Section 4532 (1) in the section heading, by striking ; abolition of (2) by amending subsection (b) to read as follows: (b) It shall be the objective to the Secretary of the Army, in managing the workload of the arsenals, to maintain the critical capabilities identified in the Army Organic Industrial Base Strategy Report, and ensure cost efficiency and technical competence in peacetime, while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergent requirements. . (b) Clerical amendment The table of sections at the beginning of chapter 433 of such title is amended by striking the item relating to section 4532 and inserting the following new item: 4532. Factories and arsenals: manufacture at. . D Reports 331. 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. E Limitations and extensions of authority 341. Limitation on MC–12 aircraft transfer to United States Special Operations Command (a) Limitation Except as provided under subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense for operation and maintenance, Defense-wide, may be obligated or expended for the transfer of MC–12 aircraft from the Air Force to the United States Special Operations Command until 60 days after the delivery of the report required under subsection (b). (b) Report required (1) In general Not later than March 1, 2015, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report with an analysis and justification for the transfer of MC–12 aircraft from the Air Force to the United States Special Operations Command. (2) Elements The report required under paragraph (1) shall outline, at a minimum— (A) the current platform requirements for manned intelligence, surveillance, and reconnaissance aircraft to support United States Special Operations Forces; (B) an analysis of alternatives comparing various manned intelligence, surveillance, and reconnaissance aircraft, including U–28 aircraft, in meeting the platform requirements for manned intelligence, surveillance, and reconnaissance aircraft to support United States Special Operations Forces; (C) an analysis of the remaining service life of the U–28 aircraft to be divested by the United States Special Operations Command and the MC–12 aircraft to be transferred from the Air Force; (D) the future manned intelligence, surveillance, and reconnaissance platform requirements of the United States Special Operations Command for areas outside of Afghanistan, including range, payload, endurance, and other requirements, as defined by the Command's Intelligence, Surveillance, and Reconnaissance Road Map (E) an analysis of the cost to convert MC–12 aircraft to provide intelligence, surveillance, and reconnaissance capabilities equal to or better than those provided by the U–28 aircraft; (F) a description of the engineering and integration needed to convert MC–12 aircraft to provide intelligence, surveillance, and reconnaissance capabilities equal to or better than those provided by the U–28 aircraft; and (G) the expected annual cost to operate 16 U–28 aircraft as a government-owned, contractor operated program. (c) Exception Subsection (a) does not apply to aircraft transferred from the Air Force to the United States Special Operations Command to support Aviation Foreign Internal Defense requirements. 342. Limitation on establishment of regional Special Operations Forces Coordination Centers None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to establish Regional Special Operations Forces Coordination Centers (RSCCs). F Other matters 351. 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. 352. Revised policy on ground combat and camouflage utility uniforms Section 352(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (1) in paragraph (4), by striking the semicolon at the end and inserting ; or (2) by striking paragraph (5); and (3) by redesignating paragraph (6) as paragraph (5). 353. Southern Sea Otter Military Readiness Areas (a) Establishment of military readiness areas (1) In general Chapter 631 7235. Southern Sea Otter Military Readiness Areas (a) In general 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 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 that Act ( 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 determines, in consultation with the Secretary of the Navy and the Marine Mammal Commission, 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 and the Marine Mammal Commission. (2) Reports Not later than 24 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015 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 . (2) Clerical amendment The table of sections at the beginning of chapter 631 of such title is amended by adding at the end the following new item: 7235. Southern Sea Otter Military Readiness Areas. . (b) Conforming amendment Section 1 of Public Law 99–625 16 U.S.C. 1536 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, 9,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for Reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 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) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2015, may not exceed the following: (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army Reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed 595. (3) Air Force Reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90. (b) Non-dual status technicians defined In this section, the term non-dual status technician 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 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. C Authorization of Appropriations 421. Military personnel (a) Authorization of appropriations 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 military personnel, as specified in the funding table in section 4401. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015. V Military Personnel Policy A Officer Personnel Policy 501. 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 paragraph (1)(A) or 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 paragraph (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 paragraph (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. 502. Repeal of limits on percentage of officers who may be recommended for discharge during a fiscal year under enhanced selective discharge authority Section 638a(d) (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. 503. 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. . 504. 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 (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 concerned. . 505. Repeal of requirement for submittal 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. B Reserve Component Management 511. Retention on 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 first lieutenants and lieutenants (junior grade) following nonselection for promotion Subsection (a)(1) of section 14701 (1) by inserting (A) (1) (2) in subparagraph (A), as so designated— (A) by striking A reserve officer 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 (B) by inserting a comma after 14507 of this title (3) 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. . 512. Database on military technician positions (a) Centralized database required The Secretary of Defense shall, in consultation with the Secretaries of the military departments, establish and maintain a centralized database of information on the military technician positions of the Department of Defense. The database shall contain and set forth current information on all military technician positions of the Armed Forces. (b) Elements The database under subsection (a) shall include the following: (1) An identification of each military technician position, whether dual-status or non-dual status. (2) For each position identified pursuant to paragraph (1)— (A) a description of the functions of such position; (B) a statement of the military necessity for such position; and (C) a statement whether such position— (i) is a general administration, clerical, or office service occupation; or (ii) is tied directly to the maintenance of military readiness. 513. Improved consistency in suicide prevention and resilience program for the reserve components of the Armed Forces (a) Policy for standard suicide data collection, reporting and assessment To improve consistency in and oversight of the suicide prevention and resilience program for the National Guard and Reserves established pursuant to section 10219 of title 10, United States Code, 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 National Guard and Reserves. (b) Consultation The Secretary of Defense shall develop the policy required by subsection (a) in consultation with the Secretaries of the military departments and the Chief of the National Guard Bureau. (c) Submittal of policy Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit the policy developed under subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives. (d) Implementation The Secretaries of the military departments shall implement the policy developed under subsection (a) by not later than 180 days after the date of the submittal of the policy pursuant to subsection (c). 514. Office of Employer Support for the Guard and Reserve The Office of Employer Support for the Guard and Reserve (ESGR) shall, using funds available to the Office under this Act, take appropriate actions to increase the number of program support specialists in the States in order to reduce the number of unemployed and underemployed members of the National Guard and to educate employers on requirements of chapter 43 USERRA C General Service Authorities 521. Enhancement of participation of mental health professionals in boards for correction of military records and boards for review of discharge or dismissal of members of the Armed Forces (a) Boards for correction of military records Section 1552 (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): (g) Any medical advisory opinion issued to a board established under subsection (a)(1) with respect to a member or former member of the armed forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a clinical psychologist or psychiatrist if the request for correction of records concerned relates to a mental health disorder. . (b) Boards for review of discharge or dismissal (1) Review for certain former members with PTSD or TBI Subsection (d)(1) of section 1553 of such title is amended by striking physician, clinical psychologist, or psychiatrist clinical psychologist or psychiatrist, or a physician with additional training and experience specified by the Secretary concerned to provide advice on specialized medical or psychological matters relating to post-traumatic stress disorder and traumatic brain injuries (2) Review for certain former members with mental health diagnoses Such section is further amended by adding at the end the following new subsection: (e) In the case of a former member of the armed forces (other than a former member covered by subsection (d)) who was diagnosed while serving in the armed forces as experiencing a mental health disorder, a board established under this section to review the former member's discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with additional training and experience specified by the Secretary concerned to provide advice on specialized medical or psychological matters relating to mental health disorders. . 522. Extension of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces (a) Extension of program authority Subsection (l) of section 533 of the National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 701 prec. note) is amended— (1) by inserting (1) No member (2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking December 31, 2015 December 31, 2018 (3) by adding at the end the following new paragraph: (2) A member may not be reactivated to active duty in the Armed Forces under a pilot program conducted under this section after December 31, 2021. . (b) Report matters Subsection (k) of such section is amended— (1) in paragraph (1), by striking and 2017 2017, and 2019 (2) in paragraph (2), by striking March 1, 2019 March 1, 2022 (3) by adding at the end the following new paragraph: (4) Additional elements for final reports Each final report under this subsection shall, in addition to the elements required by paragraph (3), include the following: (A) A description of the costs to the military department concerned of each pilot program conducted by such military department under this section (B) A description of the reasons why members choose to participate in the pilot programs conducted by the military department concerned. (C) A description of the members who did not return to the active duty in the Armed Forces at the conclusion of their inactivation from active duty under the pilot programs conducted by the military department concerned, and a statement of the reasons why. (D) A statement whether the military department concerned required members to perform inactive duty training as part of participation in any pilot program conducted by such military department, and if so, a description of the members so required, a statement of the reasons why, and a description of how often. . 523. Sense of Senate on validated gender-neutral occupational standards for all military occupations It is the sense of the Senate that the Secretaries of the military departments should— (1) eliminate all unnecessary gender-based barriers to service and integrate women into occupational fields and units currently closed to them to the maximum extent possible; (2) by not later than September 1, 2015, validate gender-neutral occupational standards for every military occupation, with such standards for each military occupation to be based solely on the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to such military occupation; (3) ensure that such gender-neutral occupational standards enable the operational capability and combat effectiveness required for the military to meet national defense objectives; (4) ensure that such validated gender-neutral occupational standards are considered in determining whether positions and occupations currently closed to service by women are opened; (5) ensure that the surgeon general of the Armed Force concerned has evaluated the medical requirements and has determined that resources to meet such requirements will be adequate for female members for the military occupations or units to which they will be assigned; (6) ensure that the Chief of Service of the Armed Force concerned has evaluated the table of equipment for the unit or position for the military occupations or units to which they will be assigned and has determined that all required equipment for female members meets required standards for wear and survivability; and (7) by not later than January 1, 2016, open all military occupations to service by women who can meet such validated gender-neutral occupational standards for the military occupations to which they will be assigned, if determined to be in the best interests of the national defense of the United States, and ensure that all members of the Armed Forces, regardless of gender, are assigned to units on the basis of their ability to meet the occupational standards required by such assignment. 524. Comptroller General of the United States report on impact of certain mental and physical trauma on discharges from military service for misconduct (a) Report required The Comptroller General of the United States shall submit to Congress a report on the impact of mental and physical trauma relating to Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), behavioral health matters not related to Post Traumatic Stress Disorder, and other neurological combat traumas (in this section referred to as covered traumas (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the extent to which the Armed Forces have in place processes for the consideration of the impact of mental and physical trauma relating to covered traumas on members of the Armed Forces who are being considered for discharge from the Armed Forces for misconduct, including the compliance of the Armed Forces with such processes and mechanisms in the Department of Defense for ensuring the compliance of the Armed Forces with such processes. (2) An assessment of the extent to which the Armed Forces provide members of the Armed Forces, including commanding officers, junior officers, and noncommissioned officers, training on the symptoms of covered traumas and the identification of the presence of such conditions in members of the Armed Forces. (3) An assessment of the extent to which members of the Armed Forces who receive treatment for a covered trauma before discharge from the Armed Forces are later discharged from the Armed Forces for misconduct. (4) An identification of the number of members of the Armed Forces discharged as described in paragraph (3) who are ineligible for benefits from the Department of Veterans Affairs based on characterization of discharge. (5) An assessment of the extent to which members of the Armed Forces who accept a discharge from the Armed Forces for misconduct in lieu of trial by court-martial are counseled on the potential for ineligibility for benefits from the Department of Veterans Affairs as a result of such discharge before acceptance of such discharge. 525. Sense of Senate on upgrade of characterization of discharge of certain Vietnam era members of the Armed Forces (a) Sense of Senate It is the sense of the Senate that, when considering a request for correction of a less-than-honorable discharge issued to a member of the Armed Forces during the Vietnam era, the Boards for Correction of Military Records— (1) should take into account whether the veteran— (A) served in the Republic of Vietnam during the Vietnam era; and (B) following such service, was diagnosed with Post-Traumatic Stress Disorder as a result of such service after Post-Traumatic Stress Disorder was included in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association; and (2) if the veteran meets the criteria specified in paragraph (1), should give all due consideration to an upgrade of characterization of discharge. (b) Vietnam era defined In this section, the term Vietnam era section 101(29) D Member Education and Training 531. Enhancement of authority for members of the Armed Forces to obtain professional credentials (a) In general Section 2015 2015. Professional credentials: program to assist members in obtaining credentials (a) Program required (1) Subject to subsection (b), the Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials that relate to training and skills that are acquired during their service in the armed forces and translate into civilian occupations. (2) The program shall provide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional licenses, professional certification, and related expenses. (b) Limitation The authority under subsection (a) may not be used to pay the expenses of a member to obtain professional credentials that are a prerequisite for appointment in the armed forces. (c) Regulations (1) The Secretary of Defense and the Secretary of Homeland Security shall prescribe regulations to carry out this section. (2) The regulations shall apply uniformly to the armed forces to the extent practicable. (3) The regulations shall include the following: (A) Requirements for eligibility for participation in the program under this section. (B) A description of the professional credentials and occupations covered by the program. (C) Mechanisms for oversight of the payment of expenses and the provision of other benefits under the program. (D) Such other matters in connection with the payment of expenses and the provision of other benefits under the program as the Secretaries consider appropriate. (d) Expenses defined In this section, the term expenses . (b) Clerical amendment The table of sections at the beginning of chapter 101 of such title is amended by striking the item relating to section 2015 and inserting the following new item: 2015. Professional credentials: program to assist members in obtaining credentials. . 532. 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 chapter 108 of such title is amended by inserting after the item relating to section 2163 the following new item: 2163a. Degree granting authority for Joint Special Operations University. . 533. Enhancement of information provided to members of the Armed Forces and veterans regarding use of Post-9/11 Educational Assistance and Federal financial aid through Transition Assistance Program (a) Additional information required (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall enhance the higher education component of the Transition Assistance Program (TAP) of the Department of Defense by providing additional information that is more complete and accurate than the information provided as of the day before the date of the enactment of this Act to individuals who apply for educational assistance under chapter 30 or 33 of title 38, United States Code, to pursue of a program of education at an institution of higher learning. (2) Elements The additional information required by paragraph (1) shall include the following: (A) Information provided by the Secretary of Education that addresses— (i) to the extent practicable, differences between types of institutions of higher learning in such matters as tuition and fees, admission requirements, accreditation, transferability of credits, credit for qualifying military training, time required to complete a degree, and retention and job placement rates; and (ii) how Federal educational assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) should be used in conjunction with educational assistance provided under chapters 30 and 33 of title 38, United States Code, for pursuit of a program of education at an institution of higher learning before using private student loans whenever possible. (B) Information from the Federal Trade Commission that addresses important questions that veterans should consider when choosing an institution of higher learning at which to pursue a program of education. (C) Information about the Postsecondary Education Complaint System of the Department of Defense, the Department of Veterans Affairs, the Department of Education, and the Consumer Financial Protection Bureau. (D) Information about the GI Bill Comparison Tool of the Department of Veterans Affairs. (E) Information about each of the Principles of Excellence established by the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Education pursuant to Executive Order 13607 of April 27, 2012 (77 Fed. Reg. 25861), including how to recognize whether an educational institution may be violating any of such principles. (F) Such other information as the Secretary of Education considers appropriate. (3) Accessibility (A) In carrying out this subsection, the Secretary of Defense shall consult with individuals who are experts on the presentation of complex information in formats and manners that are engaging to members of the Armed Forces and veterans. (B) In carrying out this subsection and presenting information to members of the Armed Forces or veterans, the Secretary of Defense shall avoid using abstract terms and shall focus on the practical effects of relevant factors relating to attending educational institutions. (4) Consultation In carrying out this subsection, the Secretary of Defense shall consult with the Secretary of Veterans Affairs and the Director of the Consumer Financial Protection Bureau. (b) Availability of higher education component online Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the higher education component of the Transition Assistance Program is available to members of the Armed Forces on an Internet website of the Department of Defense so that members have an option to complete such component electronically and remotely. (c) Notice of availability of higher education component upon request for certificate of entitlement to Tuition Assistance (1) In general Whenever a member of the Armed Forces requests a certificate from the Secretary of Defense to prove entitlement to educational assistance under section 2007 of title 10, United States Code, the Secretary shall notify the member of the availability of the higher education component of the Transition Assistance Program online pursuant to subsection (b)(1). (2) Guidance The Secretary of Defense shall carry out this subsection with such guidance as the Secretary considers appropriate. (d) Definitions In this section: (1) The term institution of higher learning section 3452 (2) The term type of institution of higher learning (A) An educational institution described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (B) An educational institution described in subsection (b) of section 102 of such Act ( 20 U.S.C. 1002 (C) An educational institution described in subsection (c) of such section. 534. 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 E Military Justice and Legal Matters 541. Ordering of depositions under the Uniform Code of Military Justice Subsection (a) of section 849 (a) (1) At any time after charges have been signed as provided in section 830 (A) Before referral of such charges for trial, by the convening authority who has such charges for disposition. (B) After referral of such charges for trial, by the convening authority or the military judge hearing the case. (2) An authority authorized to order a deposition under paragraph (1) may order the deposition at the request of any party, but only if the party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of the prospective witness be taken and preserved for use at a preliminary hearing under section 832 of this title (article 32) or a court-martial. (3) If a deposition is to be taken before charges are referred for trial, the authority under paragraph (1)(A) may designate commissioned officers as counsel for the Government and counsel for the accused, and may authorize those officers to take the deposition of any witness. . 542. Modification of Rule 513 of the Military Rules of Evidence, relating to the privilege against disclosure of communications between psychotherapists and patients Not later than 180 days after the date of the enactment of this Act, Rule 513 of the Military Rules of Evidence shall be modified as follows: (1) To include within the communications covered by the privilege communications with other licensed mental health professionals. (2) To clarify or eliminate the current exception to the privilege when the admission or disclosure of a communication is constitutionally required. (3) To require that a party seeking production or admission of records or communications protected by the privilege— (A) show a specific factual basis demonstrating a reasonable likelihood that the records or communications would yield evidence admissible under an exception to the privilege; (B) demonstrate by a preponderance of the evidence that the requested information meets one of the enumerated exceptions to the privilege; (C) show that the information sought is not merely cumulative of other information available; and (D) show that the party made reasonable efforts to obtain the same or substantially similar information through non-privileged sources. (4) To authorize the military judge to conduct a review in camera (A) the moving party has met its burden as established pursuant to paragraph (3); and (B) an examination of the information is necessary to rule on the production or admissibility of protected records or communications. (5) To require that any production or disclosure permitted by the military judge be narrowly tailored to only the specific records or communications, or portions of such records or communications, that meet the requirements for one of the enumerated exceptions to the privilege and are included in the stated purpose for which the such records or communications are sought. 543. Enhancement of victims' rights to be heard through counsel in connection with prosecution of certain sex-related offenses (a) Representation by Special Victims' Counsels Section 1044e(b)(6) Accompanying the victim Representing the victim (b) Manual for Courts-Martial Not later than 180 days after the date of the enactment of this Act, the Manual for Courts-Martial shall be modified to provide that when a victim of an alleged sex-related offense has a right to be heard in connection with the prosecution of such offense, the victim may exercise that right through counsel, including through a Special Victims' Counsel under section 1044e (c) Notice to counsel on scheduling of proceedings Each Secretary concerned shall establish policies and procedures designed to ensure that any counsel of the victim of an alleged sex-related offense, including a Special Victims' Counsel under section 1044e (d) Definitions In this section: (1) The term alleged sex-related offense section 1044e(g) (2) The term Secretary concerned section 101(a)(9) 544. Eligibility of members of the reserve components of the Armed Forces for assistance of Special Victims' Counsel Section 1044e(f) (3) A member of a reserve component who is the victim of an alleged sex-related offense and who is not otherwise eligible for military legal assistance under section 1044 of this title shall be deemed to be eligible for the assistance of a Special Victims’ Counsel under this section. . 545. Additional enhancements of military department actions on sexual assault prevention and response (a) Additional duty of Special Victims' Counsels In addition to any duties authorized by section 1044e (b) Consultation with victims regarding preference in prosecution of certain sexual offenses (1) In general The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense. (2) Consideration of preference The preference expressed by a victim under paragraph (1) with respect to the prosecution of an offense, while not binding, should be considered in the determination whether to prosecute the offense by court-martial or by a civilian court. (3) Notice to victim of lack of civilian criminal prosecution after preference for such prosecution In the event a victim expresses a preference under paragraph (1) in favor of prosecution of an offense by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination. (c) Performance appraisals of members of the Armed Forces (1) Appraisals of all members on compliance with sexual assault prevention and response programs The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned. (2) Performance appraisals of commanding officers The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which— (A) allegations of sexual assault would be properly managed and fairly evaluated; and (B) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. (d) Review of command climate assessments following incidents of certain sexual offenses Section 1743(c)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 979; 10 U.S.C. 1561 (F) A review of the most recent climate assessment conducted pursuant to section 572(a)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1754) for the command or unit of the suspect and the command or unit of the victim, and an assessment of whether another such climate assessment should be conducted. . (e) Confidential review of characterization of terms of discharge of victims of sexual offenses (1) In general The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces. (2) Consideration of individual experiences in connection with offenses In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the offense concerned, and to determine what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. (3) Preservation of confidentiality Documents considered and decisions rendered pursuant to the process required by paragraph (1) shall not be made available to the public, except with the consent of the individual concerned. (f) Covered sexual offense defined In subsections (a) through (e), the term covered sexual offense (1) Rape or sexual assault under subsection (a) or (b) of section 920 (2) Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice). (3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). (g) Modification of military rules of evidence relating to admissibility of general military character toward probability of innocence (1) In general Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be amended to provide that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused for an offense specified in paragraph (2). (2) Offenses An offense specified in this paragraph is an offense as follows: (A) An offense under sections 920 through 923a of title 10, United States Code (articles 120 through 123a of the Uniform Code of Military Justice). (B) An offense under sections 925 through 927 of such title (articles 125 through 127 of the Uniform Code of Military Justice). (C) An offense under sections 929 through 932 of such title (articles 129 through 132 of the Uniform Code of Military Justice). (D) Any other offense under chapter 47 of such title (the Uniform Code of Military Justice) in which evidence of the general military character of the accused is not relevant to an element of an offense for which the accused has been charged. (E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). (F) A conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) as punishable under section 881 of such title (article 81 of the Uniform Code of Military Justice). 546. Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial if requested by chief prosecutor Section 1744(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 10 U.S.C. 834 (1) by striking (c) In any case where (c) Review of certain cases not referred to court-martial (1) Cases not referred following staff judge advocate recommendation for referral for trial In any case where ; and (2) by adding at the end the following new paragraph: (2) Cases not referred by convening authority upon request for review by chief prosecutor (A) In general In any case where a convening authority decides not to refer a charge of a sex-related offense to trial by court-martial and the chief prosecutor of the Armed Force concerned requests review of the decision, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority. (B) Chief prosecutor defined In this paragraph, the term chief prosecutor . 547. Modification of Department of Defense policy on retention of evidence in a sexual assault case to permit 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. . 548. Inclusion of information on assaults in the Defense Sexual Assault Incident Database (a) Inclusion of information The Secretary of Defense shall issue policies and procedures for the inclusion of information about assaults in the Defense Sexual Assault Incident Database, or an alternate database selected by the Secretary, as identified in restricted reports and unrestricted reports of sexual assault by members of the Armed Forces. (b) Information The information required by subsection (a) to be included in the database described in that subsection shall include the following: (1) The name of the alleged assailant, if known. (2) Identifying features of the alleged assailant. (3) The date of the assault. (4) The location of the assault. (5) Information on the means or method used by the alleged assailant to commit the assault. (c) Access (1) In general The policies and procedures issued under subsection (a) shall specify the categories of individuals who shall have access to information including pursuant to that subsection in the database described in that subsection. (2) Information derived from restricted reports With respect to information so included is derived from restricted reports, the policies and procedures shall— (A) restrict access to such information to military criminal investigators; and (B) prohibit any disclosure of such information to the public. 549. Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system (a) Revisions of article 32 and article 60, Uniform Code of Military Justice (1) Explicit authority for convening authority to take action on findings of a court-martial with respect to a qualifying offense Paragraph (3) of subsection (c) of section 860 Public Law 113–66 (A) in subparagraph (A), by inserting and may be taken only with respect to a qualifying offense is not required (B) in subparagraph (B)— (i) by striking not (ii) by striking , other than a charge or specification for a qualifying offense, for a qualifying offense (2) Clarification of applicability of requirement for explanation in writing for modification to findings of a court-martial Subparagraph (C) of such paragraph is amended by striking (other than a qualifying offense) (3) Victim submission of matters for consideration by convening authority during clemency phase of courts-martial process (A) Clarification of deadline Paragraph (2)(A) of subsection (d) of such section (article), as added by section 1706(a) of the National Defense Authorization Act of Fiscal Year 2014 (127 Stat. 960), is amended— (i) in clause (i), by inserting , if applicable (article 54(e)) (ii) in clause (ii), by striking if applicable, (B) Conforming definition of victim with other definitions of victim in NDAA for Fiscal Year 2014 Paragraph (5) of such subsection, as added by section 1706(a) of the National Defense Authorization Act of Fiscal Year 2014, is amended by striking loss harm (4) Restoration of waiver of article 32 hearings by the accused (A) In general Section 832(a)(1) of such title (article 32(a)(1) of the Uniform Code of Military Justice), as amended by section 1702(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 954), is amended by inserting , unless such hearing is waived by the accused preliminary hearing (B) Conforming amendment Section 834(a)(2) of such title (article 34(a)(2) of the Uniform Code of Military Justice), as amended by section 1702(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 957), is amended by inserting (if there is such a report) a preliminary hearing under section 832 of this title (article 32) (5) Non-applicability of prohibition on pre-trial agreements for certain offenses with mandatory minimum sentences Section 860(c)(4)(C)(ii) of such title (article 60(c)(4)(C)(ii) of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 955), is amended by inserting pursuant to section 856(b) of this title (article 56(b)) applies (6) Effective dates (A) Article 32 amendments and related amendments The amendments made paragraph (4) shall take effect on the later of— (i) the date of the enactment of this Act; or (ii) December 26, 2014, in which case the amendment made by paragraph (4)(A) shall be made immediately after the amendment made by section 1702(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 954). (B) Article 60 amendments (i) Immediate effect The amendments made by paragraph (3) shall take effect on the date of the enactment of this Act. (ii) Delayed effect The amendments made by paragraphs (1), (2), and (5) shall take effect on the later of— (I) the date of the enactment of this Act; or (II) June 26, 2014, in which case such amendments shall be made immediately after the amendment made by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 955). (b) Defense counsel interview of victim of an alleged sex-related offense (1) Requests to interview victim through counsel Paragraph (1) of section 846(b) through trial counsel through the Special Victims’ Counsel or other counsel for the victim, if applicable (2) Correction of references to trial counsel Such section is further amended by striking trial counsel counsel for the Government (3) Correction of references to defense counsel Such section is further amended— (A) in the heading, by striking Defense counsel Counsel for accused (B) by striking defense counsel counsel for the accused (c) Special Victims’ Counsel for victims of sex-related offenses (1) Clarification of legal assistance authorized with regard to potential civil litigation against the United States Subsection (b)(4) of section 1044e the Department of Defense the United States (2) Addition of omitted reference to Staff Judge Advocate to the Commandant of the Marine Corps Subsection (d)(2) of such section is amended by inserting , and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps employed (3) Correction of incorrect reference to Secretary of Defense Subsection (e)(1) of such section is amended by inserting concerned jurisdiction of the Secretary (d) Repeal of offense of consensual sodomy under the Uniform Code of Military Justice (1) Clarification of definition of forcible sodomy Section 925(a) force unlawful force (2) Conforming amendments (A) Section 843(b)(2)(B) of such title (article 43(b)(2)(B) of the Uniform Code of Military Justice) is amended— (i) in clause (iii), by striking Sodomy Forcible sodomy (ii) in clause (v), by striking sodomy forcible sodomy (B) Section 918(4) of such title (article 118(4) of the Uniform Code of Military Justice) is amended by striking sodomy forcible sodomy (e) Clarification of scope of prospective members of the Armed Forces for purposes of inappropriate and prohibited relationships Section 1741(e)(2) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 977; 10 U.S.C. prec. 501 note) is amended by inserting who is pursing or has recently pursued becoming a member of the Armed Forces and a person (f) Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice (1) Clarification of limitation on definition of victim to natural persons Subsection (b) of section 806b a person an individual (2) Clarification of authority to appoint individuals to assume rights of certain victims Subsection (c) of such section is amended— (A) in the heading, by striking legal guardian appointment of individuals to assume rights (B) by inserting (who is not a member of the armed forces) under 18 years of age (C) by striking designate a legal guardian from among the representatives designate a representative (D) by striking other suitable person another suitable individual (E) by striking the person the individual 550. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies (a) Military service academies The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (b) Coast Guard Academy The Secretary of Homeland Security shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014, as amended by the provisions of this subtitle, and the provisions and amendments of this subtitle, apply to the Coast Guard Academy. 551. Analysis and assessment of disposition of most serious offenses identified in unrestricted reports on sexual assaults in annual reports on sexual assaults in the Armed Forces (a) Submittal to Secretary of Defense of information on each Armed Force Subsection (b) of section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at the end the following new paragraph: (11) An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the Armed Force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the Armed Forces, including the numbers of reports identifying offenses that were disposed of by each of the following: (A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted. (B) Acquittal of all charges at court-martial. (C) Non-judicial punishment under section 815 (D) Administrative action, including by each type of administrative action imposed. (E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred. . (b) Secretary of Defense assessment of information in reports to Congress Subsection (d) of such section is amended— (1) in paragraph (1), by striking and (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following new paragraph (2): (2) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and ; and (4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting other assessments (c) Application of amendments The amendments made by this section shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2015, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011. 552. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (a) In general The Secretary of Defense shall establish and maintain within the Department of Defense an advisory committee to be known as the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces Advisory Committee (b) Membership The Advisory Committee shall consist of not more than 20 members, appointed by the President from among individuals (other than members of the Armed Forces) who have experience with the investigation, prosecution, and defense of allegations of sexual assault offenses (such as Federal and State prosecutors, judges, law professors, and private attorneys). (c) Duties (1) In general The Advisory Committee shall advise the Secretary of Defense on the investigation, prosecution, and defense of allegations of rape, forcible sodomy, sexual assault, and other sexual misconduct in the Armed Forces. (2) Basis for provision of advice For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall, on an ongoing basis— (A) select a representative sample of cases involving allegations of rape, forcible sodomy, sexual assault, and other sexual misconduct in the Armed Forces; and (B) for each case so selected, review the following: (i) The criminal investigation reports (including reports of investigations that did not substantiate the alleged offense). (ii) The report on the preliminary hearing conducted pursuant to section 832 (iii) Any recommendations of Staff Judge Advocates and the initial disposition authority on the disposition of such case. (iv) The findings and sentences of the court-martial, if any, or any non-judicial punishment imposed pursuant to section 815 (v) Any legal reviews that recommended that such case not be referred for prosecution. (d) Annual reports Not later than January 31 each year, the Advisory Committee shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on the results of the activities of the Advisory Committee pursuant to this section during the preceding year. (e) Termination (1) In general Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Committee pursuant to subsection (a). (2) Continuation The Secretary of Defense may continue the Advisory Committee after the date otherwise provided for the termination of the Advisory Committee under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee, the Secretary shall submit to the President, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on that determination, together with the date through which the Secretary will continue the Advisory Committee. 553. Collaboration between the Department of Defense and the Department of Justice in efforts to prevent and respond to sexual assault (a) Strategic framework on collaboration required Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly develop a strategic framework for ongoing collaboration between the Department of Defense and the Department of Justice in their efforts to prevent and respond to sexual assault. The framework shall be based on and include the following: (1) An assessment of the role of the Department of Justice in investigations and prosecutions of sexual assault cases in which the Department of Defense and the Department of Justice have concurrent jurisdiction, with the assessment to include a review of and list of recommended revisions to relevant Memoranda of Understanding and related documents between the Department of Justice and the Department of Defense. (2) An assessment of the need for, and if a need exists the feasibility of, establishing the position of advisor on military sexual assaults within the Department of Justice (using existing Department resources and personnel) to assist in the activities required under paragraph (1) and provide to the Department of Defense investigative and other assistance in sexual assault cases occurring on domestic and overseas military installations over which the Department of Defense has primary jurisdiction, with the assessment to address the necessity and feasibility of maintaining representatives or designees of the advisor at military installations for the purpose of reviewing cases of sexual assault and providing assistance with the investigation and prosecution of sexual assaults. (3) An assessment of the number of sexual assault cases that have occurred on military installations in which no perpetrator has been identified, and a plan, with appropriate benchmarks, to review those cases using currently available civilian and military law enforcement resources, such as new technology and forensics information. (4) A strategy to leverage efforts by the Department of Defense and the Department of Justice— (A) to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention regarding sexual assault; and (B) to identify and address social conditions that relate to sexual assault. (5) Mechanisms to promote sharing of information and best practices between the Department of Defense and the Department of Justice on prevention and response to sexual assault, including victim assistance through the Violence against Women Act and Office for Victims of Crime programs of the Department of Justice. (b) Report The Secretary of Defense and the Attorney General shall jointly submit to the appropriate committees of Congress a report on the framework required by subsection (a). The report shall— (1) describe the manner in which the Department of Defense and Department of Justice will collaborate on an ongoing basis under the framework; (2) explain obstacles to implementing the framework; and (3) identify changes in laws necessary to achieve the purpose of this section. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives. 554. Modification of term of judges of the United States Court of Appeals for the Armed Forces (a) Modification of terms Section 942(b)(2) (1) in subparagraph (A)— (A) by striking March 31 January 31 (B) by striking October 1 July 31 (C) by striking September 30 July 31 (2) in subparagraph (B)— (A) by striking September 30 July 31 (B) by striking April 1 February 1 (b) Saving provision No person who is serving as a judge of the court on the date of the enactment of this Act, and no survivor of any such person, shall be deprived of any annuity provided by section 945 555. Report on review of Office of Diversity Management and Equal Opportunity role in sexual harassment cases Section 1735 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (d) Report Not later than 180 days after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the review conducted under subsection (a). . 556. Repeal of obsolete requirement to develop comprehensive management plan to address deficiencies in 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; 124 Stat. 4218; 10 U.S.C. 1562 (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. F Decorations and Award 561. Medals for members of the Armed Forces and civilian employees of the Department of Defense who were killed or wounded in an attack by a foreign terrorist organization (a) Purple Heart (1) Award (A) In general Chapter 57 section 1129 1129a. Purple Heart: members killed or wounded in attacks by foreign terrorist organizations (a) In general For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded as a result of an international terrorist attack against the United States. (b) Covered members (1) A member described in this subsection is a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in circumstances where the death or wound is the result of an attack targeted on the member due to such member's status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member. (2) For purposes of this section, an attack by an individual or entity shall be considered to be an attack by a foreign terrorist organization if— (A) the individual or entity was in communication with the foreign terrorist organization before the attack; and (B) the attack was inspired or motivated by the foreign terrorist organization. (c) Foreign terrorist organization defined In this section, the term foreign terrorist organization 8 U.S.C. 1189 . (B) Clerical amendment The table of sections at the beginning of chapter 57 of such title is amended by inserting after the item relating to section 1129 the following new item: 1129a. Purple Heart: members killed or wounded in attacks by foreign terrorist organizations. . (2) Retroactive effective date and application (A) Effective date The amendments made by paragraph (1) shall take effect as of September 11, 2001. (B) Review of certain previous incidents The Secretaries concerned shall undertake a review of each death or wounding of a member of the Armed Forces that occurred between September 11, 2001, and the date of the enactment of this Act under circumstances that could qualify as being the result of an attack described in section 1129a (C) Actions following review If the death or wounding of a member of the Armed Forces reviewed under subparagraph (B) is determined to qualify as a death or wounding resulting from an attack by a foreign terrorist organization as described in section 1129a (D) Secretary concerned defined In this paragraph, the term Secretary concerned section 101(a)(9) (b) Secretary of Defense Medal for the Defense of Freedom (1) Review of the November 5, 2009, attack at Fort Hood, Texas If the Secretary concerned determines, after a review under subsection (a)(2)(B) regarding the attack that occurred at Fort Hood, Texas, on November 5, 2009, that the death or wounding of any member of the Armed Forces in that attack qualified as a death or wounding resulting from an attack by a foreign terrorist organization as described in section 1129a (2) Award If the Secretary of Defense determines under paragraph (1) that the death or wounding of any civilian employee of the Department of Defense or civilian contractor in the attack that occurred at Fort Hood, Texas, on November 5, 2009, meets the eligibility criteria for the award of the Secretary of Defense Medal for the Defense of Freedom, the Secretary shall take appropriate action to award the Secretary of Defense Medal for the Defense of Freedom to the employee or contractor. G Defense Dependents' Education and Military Family Readiness Matters 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees (a) Assistance to schools with significant numbers of military dependent students Of the amount authorized to be appropriated for fiscal year 2015 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 (b) Local educational agency defined In this section, the term local educational agency 20 U.S.C. 7713(9) 572. Impact aid for children with severe disabilities Of the amount authorized to be appropriated for fiscal year 2015 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 573. Amendments to the Impact Aid Improvement Act of 2012 Section 563(c) of National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 20 U.S.C. 6301 (1) in paragraph (1), by striking 2-year 5-year (2) in paragraph (4), by striking 2-year 5-year 574. 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 575. Inclusion of domestic dependent elementary and secondary schools among functions of Advisory Council on Dependents' Education (a) In general 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 576. Department of Defense suicide prevention programs for military dependents (a) Programs required As soon as practicable after the date of the enactment of this Act, the Secretary of Defense shall direct the Secretary of each military department to develop and implement a program to track, retain, and analyze information on deaths that are reported as suicides involving dependents of members of the regular and reserve components of the Armed Forces under the jurisdiction of such Secretary. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the programs developed and implemented by the Secretaries of the military departments pursuant to subsection (a). The report shall include a description of each such program and the assessment of the Secretary of the Defense of such program. (c) Dependent defined In this section, the term dependent section 1072(2) H Other Matters 581. 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) Limitations The Secretary shall ensure that contributions accepted under this subsection do not— (A) 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 (B) 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) In general The Secretary of the Air Force may, in accordance with section 2667 (2) Support services The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this paragraph, the term support services (g) Contracts and cooperative agreements The Secretary of the Air Force 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 of the Air Force. (2) Limitations No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if— (A) such agreement 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 (B) 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. . 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) In general 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) Clerical amendment 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 (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), by striking or Commandant of the Coast Guard Commandant of the Coast Guard, or Chief of the National Guard Bureau (2) in subsection (c), by striking or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or the Senior Enlisted Advisor to the Chief of the National Guard Bureau (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 as 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)(B), by striking clause (vi). (e) Effective date This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to months of service that begin on or after that date. 603. Modification of computation of basic allowance for housing inside the United States 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. . 604. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances Section 403(b)(7)(E) December 31, 2014 December 31, 2015 B Bonuses and Special and Incentive Pays 611. One-year extension of certain bonus and special pay authorities for reserve forces The following sections of title 37, United States Code, are amended by striking December 31, 2014 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 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps. (8) Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance. (9) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 612. One-year extension of certain bonus and special pay authorities for health care professionals (a) Title 10 authorities The following sections of title 10, United States Code, are amended by striking December 31, 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. (b) Title 37 authorities 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. 613. One-year extension of special pay and bonus authorities for nuclear officers The following sections of title 37, United States Code, are amended by striking December 31, 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. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 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 special bonus and incentive pay authorities for officers in health professions. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays The following sections of title 37, United States Code, are amended by striking December 31, 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 316a(g), relating to foreign language proficiency incentive pay. (6) Section 324(g), relating to accession bonus for new officers in critical skills. (7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (8) Section 327(h), relating to incentive bonus for transfer between Armed Forces. (9) Section 330(f), relating to accession bonus for officer candidates. C Disability Pay, Retired Pay, and Survivor Benefits 621. Inapplicability of reduced annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 who first become members prior to January 1, 2016 Subparagraph (G) of section 1401a(b)(4) Public Law 113–67 Public Law 113–82 January 1, 2014 January 1, 2016 622. Modification of determination of retired pay base for officers retired in general and flag officer grades Section 1407a (1) in subsection (a)— (A) by striking In a case Except as otherwise provided in this section, in a case (B) by inserting during the period described in subsection (b) for any period (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following new subsections: (b) Period covered by determination using rates of basic pay The period described in this subsection is the period beginning on October 1, 2006, and ending on the last day of the first month beginning on or after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015. (c) Retired pay base for officers retiring after December 31, 2014, who first became members before September 8, 1980 In the case of a covered general or flag officer who first became a member of the armed forces before September 8, 1980, and retires from the armed forces after December 31, 2014, the retired pay base shall be whichever is greater of the following: (1) The retired pay base determined by applicable law at the time of the member's retirement (including the inapplicability of subsection (a) to the determination of the retired pay base by reason of subsection (b)). (2) A retired pay base determined as if— (A) the monthly basic pay of the member was the rate of monthly basic provided by law for the member's permanent grade as of December 31, 2014 (without reduction under section 203(a)(2) of title 37); and (B) the member's retired grade was the member's permanent grade as of December 31, 2014. . 623. Modification of per-fiscal year calculation of days of certain active duty or active service to reduce eligibility age for retirement for non-regular service Section 12731(f)(2)(A) or in any two consecutive fiscal years after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, in any fiscal year after such date, 624. Earlier determination of dependent status with respect to transitional compensation for dependents of certain members separated for dependent abuse Section 1059(d)(4) 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) 625. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support (a) Special needs trust as eligible beneficiary (1) In general Subsection (a) of section 1450 (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph (4): (4) Special needs trusts for sole benefit of certain dependent children Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act ( 42 U.S.C. 1396p(d)(4) 42 U.S.C. 1382c(a)(3) . (2) Conforming amendments (A) Subsection (i) of such section is amended by inserting (a)(4) or subsection (B) Section 1448 of such title is amended— (i) in subsection (d)(2)— (I) in subparagraph (A), by striking section 1450(a)(2) subsection (a)(2) or (a)(4) of section 1450 (II) in subparagraph (B), by striking section 1450(a)(3) subsection (a)(3) or (a)(4) of section 1450 (ii) in subsection (f)(2), by inserting , or to special needs trust pursuant to section 1450(a)(4) of this title, dependent child (b) Regulations Section 1455(d) of such title is amended— (1) in the subsection caption, by striking and fiduciaries , fiduciaries, and special needs trusts (2) in paragraph (1)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)). ; (3) in paragraph (2)— (A) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; (B) by inserting after subparagraph (B) the following new subparagraph (C): (C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant. ; (C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, by striking subparagraphs (D) and (E) subparagraphs (E) and (F) (D) in subparagraph (H), as so redesignated— (i) by inserting or (1)(C) paragraph (1)(B) (ii) in clause (i), by striking and (iii) in clause (ii), by striking the period at the end and inserting ; and (iv) by adding at the end the following new clause: (iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established. ; and (4) in paragraph (3), by striking or fiduciary , fiduciary, or trust D Commissary and Nonappropriated Fund Instrumentality Benefits and Operations 631. Procurement of brand-name and other commercial items for resale by commissary stores Section 2484(f) (1) in the subsection heading by striking brand-Name (2) by striking may not use may use (3) by striking regarding the procurement for the procurement of any commercial item (including brand-name and generic items) for resale in, at, or by commissary stores. VII Health Care Provisions A TRICARE Program 701. 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 a regular component of the armed forces; and (2) each member of the Selected 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) 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. (B) 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. (C) Such recommendations as the Secretary considers appropriate for improving the monitoring and reporting of the number of members of the armed forces— (i) who receive such assessments; (ii) who are referred for care based on such assessments; and (iii) who receive care based on such referrals. (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 702. Modifications of cost-sharing and other requirements for the TRICARE Pharmacy Benefits Program (a) Availability of pharmaceutical agents through national mail-order pharmacy program Paragraph (5) of section 1074g(a) (1) by striking at least one of the means described in paragraph (2)(E) the national mail-order pharmacy program (2) by striking may include shall include cost-sharing by the eligible covered beneficiary as specified in paragraph (6). (b) Cost-sharing amounts Paragraph (6) of such section is amended to read as follows: (6) (A) In the case of any of the years 2015 through 2024, the cost-sharing amounts under this subsection shall be determined in accordance with the following table: For: The cost-sharing amount for 30-day supply of a retail generic is: The cost-sharing amount for 30-day supply of a retail formulary is: The cost-sharing amount for a 90-day supply of a mail order generic is: The cost-sharing amount for a 90-day supply of a mail order formulary is: The cost-sharing amount for a 90-day supply of a mail order non-formulary is: 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) There shall be no cost-sharing amounts under this subsection for prescription medications filled by military treatment facility pharmacies. (C) For any year after 2024, the cost-sharing amounts under this subsection shall be equal to the cost-sharing amounts for the previous year adjusted by an amount, if any, determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar. (D) Notwithstanding subparagraphs (A) and (C), the cost-sharing amounts under this subsection 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 2014. . (c) Refills of prescription maintenance medications through military treatment facility pharmacies or national mail order pharmacy program Such section is further amended by adding at the end the following new paragraph: (9) (A) The pharmacy benefits program shall require eligible covered beneficiaries generally to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program. (B) The Secretary shall determine the maintenance medications subject to the requirement under subparagraph (A). The Secretary shall ensure that— (i) such medications are 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) The Secretary may exempt the following prescription maintenance medications from the requirement of subparagraph (A): (i) Medications that are for acute care needs. (ii) Such other medications as the Secretary determines appropriate. . 703. Parity in provision of inpatient mental health services with other inpatient medical services (a) Termination of inpatient day limits in provision of mental health services Section 1079 (1) in subsection (a), by striking paragraph (6); and (2) by striking subsection (i). (b) Waiver of nonavailability statement for mental health services Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 1073 note) is amended by striking (other than mental health services) 704. Availability of breastfeeding support, supplies, and counseling under the TRICARE program Section 1079(a) (18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period. . 705. Authority for provisional TRICARE coverage for emerging health care products and services Section 1073 (c) Provisional coverage for emerging products and services (1) The Secretary of Defense is authorized to provide provisional coverage or authorization of coverage under this chapter for health care products and services that have not been demonstrated to be safe and effective under this chapter as medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction but have been demonstrated to the satisfaction of the Secretary to be likely safe and effective health care products or services. (2) In making a determination authorized by paragraph (1), the Secretary may consider— (A) clinical trials published in refereed medical literature; (B) formal technology assessments; (C) national medical policy organization positions; (D) national professional associations; (E) national expert opinion organizations; and (F) such other trustworthy evidence as the Secretary considers appropriate. (3) In making a determination under paragraph (1), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies of Sciences or such other independent entity as the Secretary shall select. (4) (A) Provisional coverage under paragraph (1) for a product or service may be in effect not longer than five years, but may be terminated at any time before that time. (B) Prior to the expiration of provisional coverage or authorization of coverage of a product or service pursuant to subparagraph (A), the Secretary shall determine the coverage or authorization of coverage, if any, that will follow coverage or authorization of coverage of such product or service, and take appropriate action to implement such determination. If implementation of such determinations requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action. (5) Prompt public notice shall be provided for each product or service that receives an affirmative provisional coverage or authorization of coverage determination under paragraph (1) along with all terms and conditions associated with the determination. The public notice shall be through the website of the TRICARE program accessible by the public. (6) All determinations under this subsection to provide, decline to provide, terminate, establish or disestablish terms and conditions, or take any other action shall be approved by the Assistant Secretary of Defense for Health Affairs based on professional medical judgment. Such determinations and actions are committed to agency discretion and are conclusive. . 706. Report on status of reductions in TRICARE Prime service areas (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the reduction of TRICARE Prime service areas conducted by the Department of Defense. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the implementation of the transition for eligible beneficiaries under the TRICARE program (other than eligible beneficiaries on active duty in the Armed Forces) who no longer have access to TRICARE Prime under TRICARE managed care contracts as of the date of the report, including the following: (A) The number of eligible beneficiaries who have transitioned from TRICARE Prime to the TRICARE Standard option of the TRICARE program since October 1, 2013. (B) The number of eligible beneficiaries who transferred their TRICARE Prime enrollment to a more distant available Prime service area to remain in TRICARE Prime, by State. (C) The number of eligible beneficiaries who were eligible to transfer to a more distant available Prime service area, but chose to use TRICARE Standard. (D) The number of eligible beneficiaries who elected to return to TRICARE Prime. (2) An estimate of the increased annual costs per eligible beneficiary described in paragraph (1) incurred by such beneficiary for healthcare under the TRICARE program. (3) A description of the plans of the Department to assess the impact on access to healthcare and beneficiary satisfaction for eligible beneficiaries described in paragraph (1). 707. Repeal of requirement for ongoing Comptroller General of the United States reviews of viability of TRICARE Standard and TRICARE Extra Section 711 of the National Defense Authorization Act for Fiscal Year 2008 ( 10 U.S.C. 1073 (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). B Health Care Administration 721. Department of Defense Medicare-Eligible Retiree Health Care Fund matters (a) Reenactment and modification of superseded authorities and requirements on payments into Fund Section 1116 1116. Payments into the Fund (a) The Secretary of Defense shall pay into the Fund at the end of each month as the Department of Defense contribution to the Fund for that month the amount that, subject to subsections (b) and (c), is the sum of the following: (1) The product of— (A) the monthly dollar amount determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1115(c)(1)(A) of this title (except that any statutory change in the uniformed services retiree health care programs for medicare-eligible beneficiaries that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and (B) the total end strength for that month for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard duty for training only). (2) The product of— (A) the level monthly dollar amount determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1115(c)(1)(B) of this title (except that any statutory change in the uniformed services retiree health care programs for medicare-eligible beneficiaries that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and (B) the total end strength for that month for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense other than members on full-time National Guard duty (other than for training) who are not otherwise described in paragraph (1)(B). (b) (1) If during a month a statute is enacted that will have a significant effect on the amounts calculated for purposes of subsection (a), the Secretary of Defense may recalculate the amount payable under subsection (a) for months in the fiscal year of such enactment that begin after such enactment taking into account the effect of such change on the calculation of amounts so payable. Any such recalculation in a fiscal year shall apply to amounts payable under subsection (a) for months in such fiscal year beginning after the change triggering the recalculation. (2) The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on any recalculation carried out by the Secretary under this subsection, including the effect of such recalculation on amounts payable under subsection (a) for months in the fiscal year concerned beginning after such recalculation. (c) If an actuarial valuation referred to in paragraph (1) or (2) of subsection (a) has been calculated as a separate single level dollar amount for a participating uniformed service under section 1115(c)(1) of this title, the administering Secretary for the department in which such uniformed service is operating shall calculate the amount under such paragraph separately for such uniformed service. If the administering Secretary is not the Secretary of Defense, the administering Secretary shall notify the Secretary of Defense of the amount so calculated. To determine a single amount for the purpose of paragraph (1) or (2) of subsection (a), as the case may be, the Secretary of Defense shall aggregate the amount calculated under this subsection for a uniformed service for the purpose of such paragraph with the amount or amounts calculated (whether separately or otherwise) for the other uniformed services for the purpose of such paragraph. (d) (1) At the beginning of each fiscal year the Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury the amount certified to the Secretary by the Secretary of Defense under paragraph (3). Such payment shall be the contribution to the Fund for that fiscal year required by sections 1115(a) and 1115(c) of this title. (2) At the beginning of each fiscal year the Secretary of Defense shall determine the sum of the following: (A) The amount of the payment for that year under the amortization schedule determined by the Board of Actuaries under section 1115(a) of this title for the amortization of the original unfunded liability of the Fund. (B) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(2) of this title for the amortization of any cumulative unfunded liability (or any gain) to the Fund resulting from changes in benefits. (C) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(3) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial assumption changes. (D) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(4) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial experience. (3) The Secretary of Defense shall promptly certify the amount determined under paragraph (2) each year to the Secretary of the Treasury. (e) Amounts paid into the Fund under subsection (a) shall be paid from funds available for the pay of members of the participating uniformed services under the jurisdiction of the respective administering Secretaries. . (b) Conforming amendments Such title is further amended as follows: (1) In section 1111(c), by striking under section 1115(b) under section 1116 of this title, and such administering Secretary may make such contributions. (2) In section 1113(f), by inserting of this title section 1111(c) (3) In section 1115— (A) in subsection (a), by striking section 1116 of this title section 1116(d) of this title (B) by striking subsection (b) and inserting the following new subsection (b): (b) (1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section 1116(a) of this title. That amount shall be the sum of the following: (A) The product of— (i) the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(A) at the time of the next actuarial valuation under subsection (c); and (ii) the expected average force strength during that fiscal year for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title. (B) The product of— (i) the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(B) at the time of the next actuarial valuation under subsection (c); and (ii) the expected average force strength during that fiscal year for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense who are not otherwise described in subparagraph (A)(ii). (2) The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service) for that fiscal year for payments to be made to the Fund during that year under section 1116(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 ; and (C) in subsection (c)— (i) in the flush matter following paragraph (1), by inserting and section 1116(a) of this title subsection (b) (ii) in paragraph (5), by striking section 1116 section 1116(d) (c) Effective date and applicability The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to payments made into the Department of Defense Medicare-Eligible Retiree Health Care Fund under chapter 56 722. Extension of authority for Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 September 30, 2015 September 30, 2016 723. Department of Defense-wide strategy for contracting for health care professionals for the Department of Defense (a) Strategy required The Secretary of Defense shall develop a Department of Defense-wide strategy for contracting for health care professionals for the Department of Defense. (b) Elements The strategy required by subsection (a) shall include the following: (1) A statement of the responsibilities of each military department and the Defense Health Agency under the strategy. (2) Mechanisms to consolidate requirements in order to create efficiencies and reduce costs. (3) Metrics to evaluate the success of the strategy in achieving its objectives, including metrics to assess the effects of the strategy on the timeliness of beneficiary access to professional health care services in military medical treatment facilities. (4) Such other matters as the Secretary considers appropriate. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the strategy developed under subsection (a). The report shall set forth the strategy and include such other matters with respect to the strategy as the Secretary considers appropriate. 724. Program on medication management in the Department of Defense (a) Program required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a program of comprehensive, uniform medication management in military medical treatment facilities. (b) Elements The program required by subsection (a) shall include the following: (1) An identification of the risks associated with administration and management of medications (including prescription opioid medications), including accidental and intentional overdoses, under-medication and over-medication, and adverse interactions among multiple medications. (2) Evidence-based best practices for medication management in military medical treatment facilities, including integration of comprehensive medication management best practices in patient-centered medical homes. (3) Evidence-based best practices to mitigate medication management risks and to ensure patient compliance with medication regimens. (4) Evidence-based best practices for medication reconciliation to reduce medication errors. (5) Various mechanisms for safe and effective collection and disposal of unwanted and unnecessary prescription medications. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a description of the program commenced under subsection (a). C Reports and Other Matters 731. Report on military family planning programs of the Department of Defense (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a comprehensive study of access to methods of contraception approved by the Food and Drug Administration, contraception counseling, and related education for all members of the Armed Forces and military dependents provided healthcare through the Department of Defense. (b) Elements The report required by subsection (a) shall include the following: (1) A description and assessment of the extent to which all approved methods of contraception are available to members of the Armed Forces and military dependents provided healthcare through the Department of Defense. (2) A list of current Department programs, including programs of the Armed Forces, that provide comprehensive contraception counseling and education to members of the Armed Forces and military dependents, including for each such program, the following: (A) A detailed description of such program, including its intended audience. (B) Any current evaluations of such program. (3) A description and assessment of current Department programs, including programs of the Armed Forces, that provide contraception counseling and education to members of the Armed Forces and military dependents, including an assessment of the following: (A) The extent to which contraception counseling and education is available for members of the Armed Forces and military dependents under such programs during annual healthcare exams, before deployment, during deployment, and on return from deployment. (B) The extent to which confidential contraception counseling and education is available for members of the Armed Forces and military dependents under such programs, including the locations at which such counseling and education is offered, the healthcare professionals responsible for providing such counseling and education, and the frequency with which members and dependents may access such counseling and education. (C) The extent to which contraception counseling and education for members of the Armed Forces and military dependents under such programs includes discussions of the unique physical environment in which a member of the Armed Forces serves and the impact of such environment on decisions related to contraception. (D) The extent to which healthcare providers (including general practitioners) who provide healthcare for female members of the Armed Forces and military dependents through the Department provide the most current evidence-based standards of care with respect to methods of contraception. (4) A description and assessment of the manner and extent to which the Department disseminates to healthcare providers who provide healthcare for female members of the Armed Forces and military dependents through the Department clinical decision support tools that reflect the most current evidence-based standards of care with respect to methods of contraception and counseling on methods of contraception, as established by health agencies and professional organizations such as the following: (A) The United States Preventive Services Task Force within the Department of Health and Human Services. (B) The Agency for Healthcare Research and Quality of the Department of Health and Human Services. (C) The Centers for Disease Control and Prevention. (D) The American College of Obstetricians and Gynecologists. (E) The Association of Reproductive Health Professionals. (F) The American Academy of Pediatrics. (G) The American Academy of Family Physicians. (5) Such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the availability of, access to, and quality of methods of contraception, contraception counseling, and related education for all members of the Armed Forces and military dependents provided healthcare through the Department of Defense. (c) Consultation In preparing the report required by subsection (a), the Secretary may consult with experts on women’s health and family planning from both within and outside the Armed Forces, including the following: (1) The Health Resources and Services Administration of the Department of Health and Human Services. (2) The Centers for Disease Control. (3) The American College of Obstetricians and Gynecologists. 732. 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, the Secretary of Veterans Affairs, 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 Veterans Affairs, 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 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; (B) the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Veterans' Affairs and 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). 733. 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 Committees on Armed Services of the Senate and 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 assist 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 how to track 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 In carrying out this section, the Secretary of Defense may consult 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 734. Report on implementation of recommendations of Institute of Medicine on improvements to certain resilience and prevention programs of the Department of Defense (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of implementing the recommendations of the Institute of Medicine (IOM) regarding improvements to programs of the Department of Defense intended to strengthen mental, emotional, and behavioral abilities associated with managing adversity, adapting to change, recovering, and learning in connection with service in the Armed Forces. (b) Elements The report required by subsection (a) shall include the following: (1) The Department’s assessment of the report’s findings and recommendations. (2) The Department’s actions taken to implement recommendations in the report. (3) For any recommendations not implemented, the rationale for not implementing those recommendations in the report. 735. Report on Department of Defense support of members of the Armed Forces who experience traumatic injury as a result of vaccinations required by the Department (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a comprehensive review (conducted for purposes of the report) of the adequacy and effectiveness of the policies, procedures, and systems of the Department of Defense in providing support to members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department. (b) Elements The report required by subsection (a) shall include the following: (1) The number and nature of traumatic injuries incurred by members of the Armed Forces as a result of a vaccination required by the Department of Defense each year since January 1, 2001, set forth by aggregate in each year and by military department in each year. (2) Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems (including tracking systems) of the Department to identify members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department. (3) Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems of the Department to support members of the Armed Forces who experience traumatic injury as a result of the administration of a vaccination required by the Department. 736. Comptroller General of the United States report on Military Health System Modernization Study of the Department of Defense (a) Report required Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Military Health System Modernization Study of the Department of Defense. (b) Elements The report required by subsection (a) shall include the following with respect to the Military Health System Modernization Study: (1) An assessment of the methodology used by the Secretary of Defense to conduct the study. (2) An assessment of the analysis made by the Secretary to inform decisions regarding the modernization of the military health system in the study. (3) An assessment of the extent to which the Secretary evaluated in the study the impact on the access of eligible beneficiaries to quality health care, and satisfaction with such care, of the following changes in the study in military medical treatment facilities: (A) Changes in facility infrastructure. (B) Changes in staffing levels of professionals. (C) Changes in inpatient, ambulatory surgery, and specialty care capacity and capabilities. (4) An assessment of the extent to which the Secretary evaluated in the study how any reduced inpatient, ambulatory surgery, or specialty care capacity and capabilities at military medical facilities covered by the study would impact timely access to care for eligible beneficiaries at local civilian community hospitals within reasonable driving distances of the catchment areas of such facilities. (5) An assessment of the extent to which the Secretary consulted in conducting the study with community hospitals in locations covered by the study to determine their capacities for additional inpatient and ambulatory surgery patients and their capabilities to meet additional demands for specialty care services. (6) An assessment of the extent to which the Secretary considered in the study the impact the change in the structure or alignment of military medical treatment facilities covered by the study would have on timely access by local civilian populations to inpatient, ambulatory surgery, or specialty care services if additional eligible beneficiaries also sought access to such services from the same providers. (7) An assessment of the impact of the elimination of health care services at military medical treatment facilities covered by the study on civilians employed at such facilities. (c) Eligible beneficiaries defined In this section, the term eligible beneficiaries VIII Acquisition Policy, Acquisition Management, and Related matters A Acquisition policy and management 801. Open systems approach to acquisition of systems containing information technology (a) Open systems approach requirement (1) In general Except as provided in paragraphs (2) and (3), each Major Defense Acquisition Program and Major Automated Information System, and each other acquisition program the primary purpose of which is the acquisition of an information technology system, that enters concept development after January 1, 2016, shall use an open systems approach in development to achieve agility, rapid capability enhancement, interoperability, increased competition, and lower costs over the life cycle of the program. (2) Case-by-case exception based on costs and practicality The requirement under paragraph (1) shall not apply to an acquisition program if a business case analysis conducted at a point in development where there is sufficient design information to conduct an independent life-cycle cost estimate demonstrates that an open systems approach is more expensive or is not practically achievable. (3) General exceptions (A) Commercial off-the-shelf items and systems The requirement under paragraph (1) does not apply to acquisition programs that consist primarily of commercial off-the-shelf (COTS) end items and systems or modified COTS systems. (B) Urgent or emergent operational need statements Systems acquired pursuant to urgent or emergent operational need statements shall not be subject to the requirement in paragraph (1) unless a decision is made to transition the program to a program of record. In the event of such a transition, a business case analysis shall be conducted to consider the life-cycle costs of the program and determine whether to migrate the system to an open systems architecture. (b) Actions required Not later than January 1, 2016, the Secretary of Defense shall take the following actions: (1) Identify computing environments within the Department of Defense that are sufficiently distinct to justify the development of specific Technical Reference Architectures and associated standards necessary to support an open systems approach to the development of systems utilizing those computing environments. (2) Identify each mission and functional domain within the Department of Defense that is sufficiently distinct to justify the development of domain-specific services and associated standards necessary to support an open systems approach to the development of systems that will operate in that mission or functional domain. (3) Pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104–113; 110 Stat. 783; 15 U.S.C. 272 (4) Ensure, in carrying out the actions set forth in paragraphs (1) through (3), that there are not duplicative or competing Technical Reference Architectures, domain-specific services, or standards or standards bodies related to such architectures and services across the Department of Defense. (c) Guidelines for business case analyses Not later than July 1, 2015, the Director of Cost Assessment and Program Evaluation shall issue guidelines for business case analyses as they apply to decisions regarding the adoption of an open systems approach, including requirements for comparative life-cycle costs and opportunities for competition and capability upgrades. (d) Treatment of ongoing and legacy programs Not later than November 1, 2015, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report— (1) identifying all closed systems that are in development, production, or deployed status as of January 1, 2016, that are or were Major Defense Acquisition Programs or Major Automated Information Systems; (2) outlining a process for establishing the priority of migrating each such system and program to an open system; and (3) including a schedule to review the top half of the prioritized list, conduct a business case analysis on each program, and develop plans where appropriate to migrate such programs to an open system within 10 years. (e) Definitions In this section: (1) Domain-specific services The term domain-specific services (2) Information technology The term information technology section 11101(6) (3) Open systems approach The term open systems approach (A) employs a modular design, and uses widely supported and consensus-based standards for its key interfaces; (B) is subjected to successful validation and verification tests to ensure the openness of its key interfaces; and (C) uses an open system architecture allowing components to be added, modified, replaced, removed, or supported by different vendors throughout a program's life-cycle in order to afford opportunities for enhanced competition and innovation while yielding significant cost and schedule savings and increased interoperability. (4) Technical Reference Architecture The term Technical Reference Architecture 802. 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) in subparagraph (B), by striking ; or (2) in subparagraph (C), by striking the period at the end 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 subparagraphs (A), (B), and (C), respectively. 803. Process map requirement for milestone approval of defense business system programs Not later than 90 days after the date of the enactment of this Act, Department of Defense guidance implementing section 2222 804. Governance of Joint Information Environment (a) Governance structure (1) Assignment of Coordinator (A) The Secretary of Defense shall assign a senior military or civilian official to serve as the assistant to the Chief Information Officer of the Department of Defense and Coordinator of the Joint Information Environment of the Department (in this section referred to as the Coordinator (B) In assigning an individual to serve as the assistant to the Chief Information Officer and as the Coordinator, the Secretary shall select from among individuals who have significant expertise in the following: (i) Information technology planning and program management. (ii) Command and control at the Joint Force level. (iii) The United States Cyber Command’s concept of operations for operating and defending information systems and networks. (C) The Chief Information Officer shall assign the Coordinator with lead responsibility for the following: (i) Balancing priorities and risks between efficient network acquisition and operation, effective execution of military missions through a network, and effective network defense. (ii) Defining the elements and aspects of the current information architecture in the Department of Defense that are critical for the transition to the desired Joint Information Environment end state. (iii) Developing the desired architecture for the Joint Information Environment to an appropriate level of detail. (iv) Developing and updating an integrated master schedule for migrating to the Joint Information Environment, with milestones and critical dependencies. (v) In conjunction with the Director of Cost Assessment and Program Evaluation, developing and updating cost estimates and performance measures for the Joint Information Environment. (vi) Tracking compliance with, and deviations from, objectives, schedule, and costs of the Joint Information Environment. (vii) Identifying gaps in plans and budgets of components of the Department of Defense that relate to the Joint Information Environment and identifying requirements for development and procurement to address those gaps. (viii) Developing and verifying achievement of open systems architectures for major warfighting missions of the Department similar to the Defense Intelligence Information Environment architecture developed under the auspices of the Under Secretary of Defense for Intelligence for the intelligence mission of the Department. (2) Establishment of team of experts (A) The Coordinator shall establish a team of experts to provide advice and assistance to the Coordinator in carrying out the responsibilities of the Coordinator. (B) The Chief Information Officer, the commanders of the combatant commands, and the heads of the cyber components of the military departments shall assist the Coordinator by making available to the Coordinator experts who have operational experience in or with the following: (i) The office of the Chief Information Officer of the Department or an office of a chief information officer of a military department. (ii) Joint planning and operations at a combatant command. (iii) The United States Cyber Command or a cyber component of a military department. (iv) Technical aspects of information technology acquisition and cloud computing. (3) Expansion of Executive Committee (A) The Executive Committee of the Joint Information Environment shall include the Director for Operations (commonly referred to as the J3 (B) The Executive Committee of the Joint Information Environment shall ensure that working groups within the Executive Committee include representatives from the operational communities responsible for executing military missions. (4) Support by military departments and agencies The head of each military department and defense agency shall assign an official to support the Coordinator and to align component plans and budgets with the objectives and schedules of the Joint Information Environment. (b) Selection of standard language for representing and communicating cyber event and threat data Not later than June 1, 2015, the Chief Information Officer shall select a standard language for representing and communicating cyber event and threat data that is machine-readable for the Joint Information Environment from among open source candidates. (c) Assessment of applications used by Department of Defense and estimate of time-phased cloud computing workload of Department of Defense (1) Assessment of applications As part of the Department's cloud computing migration strategy under the Joint Information Environment, the Chief Information Officer of the Department shall identify and prioritize the applications in use in the Department that should be considered for migration to a cloud computing environment and determine the following: (A) Whether each of the applications used by the Department can be readily ported to a cloud computing environment. (B) If an application used by the Department cannot be readily ported to a cloud computing environment, the cost and time required to enable, either by modification or replacement, the operation of the application in a cloud computing environment. (C) Whether it would be cost-effective to enable, either by modification or replacement, the operation of an application described in subparagraph (B) in a cloud computing environment. (D) A list of applications used by the Department that should be enabled, either by modification or replacement, to operate in a cloud computing environment, listed in the order of priority by which they should be enabled, and a schedule for such modification or replacement. (2) Estimate The Chief Information Officer shall use the assessment conducted under paragraph (1) to develop an estimate of the time-phased cloud computing workload of the Department for the purpose of— (A) informing the Department’s cloud computing strategy under the Joint Information Environment initiative; and (B) to assist commercial cloud computing providers to develop business proposals for the Department. 805. Report on implementation of acquisition process for information technology systems (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology and Logistics shall submit to the congressional defense committees a report on the implementation of the acquisition process for information technology systems required by section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402; 10 U.S.C. 2225 (b) Elements The report required under subsection (a) shall, at a minimum, include the following elements: (1) The applicable regulations, instructions, or policies implementing the acquisition process. (2) An explanation for any criteria not yet implemented. (3) A schedule for the implementation of any criteria not yet implemented. (4) An explanation for any proposed deviation from the criteria. (5) Identification of any categories of information technology acquisitions to which this acquisition process will not apply. (6) Recommendations for any legislation that may be required to implement the remaining criteria of this acquisition process. 806. Revision of requirement for acquisition programs to maintain defense research facility records Section 2364 (1) in subsection (b)— (A) in paragraph (3), by striking the semicolon at the end and inserting ; and (B) in paragraph (4)— (i) by striking prepared by Defense research facilities are readily available to all combatant commands prepared by Defense research facilities, including technology issue papers and technological assessments relating to major weapon systems, are readily available to Department of Defense components (ii) by striking ; and (C) by striking paragraph (5); and (2) in subsection (c)— (A) by striking this section: (1) The term this section, the term (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving such paragraphs, as so redesignated, 2 ems to the left; and (C) by striking paragraph (2). 807. Rapid acquisition and deployment procedures for United States Special Operations Command (a) Requirement to establish procedures Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe procedures for the rapid acquisition and deployment of items for the United States Special Operations Command that are currently under development by the Department of Defense or available from the commercial sector and are— (1) urgently needed to react to an enemy threat or to respond to significant and urgent safety situations; (2) needed to avoid significant risk of loss of life or mission failure; or (3) needed to avoid collateral damage risk where the absence of collateral damage is a requirement for mission success. (b) Issues to be addressed The procedures prescribed under subsection (a) shall include the following: (1) A process for streamlined communication between the Commander of the United States Special Operations Command, and the acquisition and research and development communities, including— (A) a process for the Commander to communicate needs to the acquisition community and the research and development community; and (B) a process for the acquisition community and the research and development community to propose items that meet the needs communicated by the Commander. (2) Procedures for demonstrating, rapidly acquiring, and deploying items proposed pursuant to paragraph (1)(B), including— (A) a process for demonstrating performance and evaluation for current operational purposes the existing capability of an item; (B) a process for developing an acquisition and funding strategy for the deployment of an item; and (C) a process for making deployment determinations based on information obtained pursuant to subparagraphs (A) and (B). (c) Testing requirement (1) In general The process for demonstrating performance and evaluating for current operational purposes the existing capability of an item prescribed under subsection (b)(2)(A) shall include— (A) an operational assessment in accordance with expedited procedures prescribed by the Director of Operational Testing and Evaluation; and (B) a requirement to provide information to the deployment decision-making authority about any deficiency of the item in meeting the original requirements for the item (as stated in an operational requirements document or similar document). (2) Deficiency not a determining factor The process may not include a requirement for any deficiency of an item to be the determining factor in deciding whether to deploy the item. (d) Limitation The quantity of items of a system procured using the procedures prescribed pursuant to this section may not exceed the number established for low-rate initial production for the system. Any such items shall be counted for purposes of the number of items of the system that may be procured through low-rate initial production. (e) Annual funding limitation Of the funds available to the Commander of the United States Special Operations Command in any given fiscal year, not more than $50,000,000 may be used to procure items under this section. 808. Consideration of corrosion control in preliminary design review The Under Secretary of Defense for Acquisition, Technology, and Logistics shall ensure that Department of Defense Instruction 5000.02 and other applicable guidance require full consideration during preliminary design review of metals, materials, and technologies that effectively prevent or control corrosion over the life cycle of the product. 809. Repeal of extension of Comptroller General report on inventory Section 803(c) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 Public Law 113–66 2013, 2014, and 2015 and 2013 B Amendments to General Contracting Authorities, Procedures, and Limitations 821. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law (a) In general Subsection (i) of section 2306b (i) Defense acquisitions specifically authorized by law (1) In the case of the Department of Defense, a multiyear contract in amount equal to or greater than $500,000,000 may not be entered into under this section unless the contract is specifically authorized by law in an Act other than an appropriations Act. (2) In submitting a request for a specific authorization by law to carry out a defense acquisition program using multiyear contract authority under this section, the Secretary shall include in the request a report containing preliminary findings of the agency head required in paragraphs (1) through (6) of subsection (a) together with the basis for such findings. (3) A multiyear contract may not be entered into under this section for a defense acquisition program that has been specifically authorized by law to be carried out using multiyear contract authority unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied: (A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees. (B) The Secretary's determination under subparagraph (A) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Analysis and such analysis supports the findings. (C) The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded. (D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic. (E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation. (F) The contract is a fixed price type contract. (G) The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities. (4) If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that substantial savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions. (5) (A) The Secretary may obligate funds for procurement of an end item under a multiyear contract for the purchase of property only for procurement of a complete and usable end item. (B) The Secretary may obligate funds appropriated for any fiscal year for advance procurement under a contract for the purchase of property only for the procurement of those long-lead items necessary in order to meet a planned delivery schedule for complete major end items that are programmed under the contract to be acquired with funds appropriated for a subsequent fiscal year (including an economic order quantity of such long-lead items when authorized by law). (6) The Secretary may make the certification under paragraph (3) notwithstanding the fact that one or more of the conditions of such certification are not met, if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification. (7) The Secretary may not delegate the authority to make the certification under paragraph (3) or the determination under paragraph (6) to an official below the level of Under Secretary of Defense for Acquisition, Technology, and Logistics. . (b) Conforming amendment Subsection (a)(7) of such section is amended by striking subparagraphs (C) through (F) of paragraph (1) of subsection (i) subparagraphs (C) through (F) of subsection (i)(3) (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to requests for specific authorization by law to carry out defense acquisition programs using multiyear contract authority that are made on or after that date. 822. Extension and modification of contract authority for advanced component development and prototype units and modification of authority Section 819 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 10 U.S.C. 2302 (1) in subsection (a)— (A) in paragraph (1), by striking advanced component development or prototype of technology advanced component development, prototype, or initial production of technology (B) in paragraph (2), by striking delivery of initial or additional prototype items delivery of initial or additional items (2) in subsection (b)(4), by striking September 30, 2014 September 30, 2019 823. Conditional temporary extension of comprehensive subcontracting plans Notwithstanding the termination date specified in subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C. 637 (1) the Department of Defense will not be able to transition all participants in the test program to individual small business subcontracting plans that meet all relevant requirements contained in the Federal Acquisition Regulation before December 31, 2014; or (2) participants transitioned to individual small business subcontracting plans do not enhance subcontracting opportunities for small business concerns. 824. Sourcing requirements related to avoiding counterfeit electronic parts Section 818(c)(3) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1495; 10 U.S.C. 2302 (1) in subparagraph (A)— (A) by striking , whenever possible, (B) in clause (i)— (i) by striking trusted suppliers suppliers identified as trusted suppliers in accordance with regulations issued pursuant to subparagraphs (C) and (D) (ii) by striking ; and (C) in clause (ii), by striking trusted suppliers; suppliers identified as trusted suppliers in accordance with the regulations issued pursuant to subparagraphs (C) and (D); and (D) by adding at the end the following new clause: (iii) obtain electronic parts from alternate suppliers when such parts are not available from original manufacturers, their authorized dealers, or trusted suppliers; ; (2) in subparagraph (B)— (A) by inserting for inspection (B) by striking subparagraph (A) clause (i) or (ii) of subparagraph (A), when obtaining the electronic parts in accordance with such clauses is not possible (3) in subparagraph (C), by striking identify trusted suppliers that have appropriate policies identify as trusted suppliers those that have appropriate policies (4) in subparagraph (D), by striking additional trusted suppliers their own identified trusted suppliers 825. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records (a) Authority Section 2313(a)(1) , 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 date of the enactment of this Act. (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the amendment made by subsection (a). 826. Enhancement of whistleblower protection for employees of grantees Section 2409(a)(1) or subcontractor , subcontractor, grantee, or subgrantee 827. Prohibition on reimbursement of contractors for congressional investigations and inquiries Section 2324(e)(1) (Q) Costs incurred by a contractor in connection with a congressional investigation or inquiry into an issue that is the subject matter of a proceeding resulting in a disposition as described in subsection (k)(2). . 828. Enhanced authority to acquire certain products and services produced in Africa (a) Authority In the case of a product or service to be acquired in support of Department of Defense activities in a covered African country 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 that country; or (2) a preference is provided for products or services that are from that country. (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) Limitation on cost preferences Preferences provided under subsection (a)(2) shall, to the maximum extent practicable, be other than cost evaluation factors. No cost preference provided under such subsection may be more than 15 percent. (d) Products and services from a covered African country For the purpose of this section: (1) A product is from a covered African country if it is mined, produced, or manufactured in that country. (2) A service is from a covered African country if it is performed in that country by citizens or residents of that country. (e) Covered African country defined In this section, the term covered African country 829. Requirement to provide photovoltaic devices from United States sources (a) Contract requirement The Secretary of Defense shall ensure that each covered contract includes a provision requiring that any photovoltaic devices installed under the contract be manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, unless the head of the department or independent establishment concerned determines, on a case-by-case basis, that the inclusion of such requirement is inconsistent with the public interest or involves unreasonable costs, subject to exceptions provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law. (b) Definitions In this section: (1) Covered contract The term covered contract (A) installed inside the United States on Department of Defense property or in a facility owned by the Department of Defense; or (B) reserved for the exclusive use of the Department of Defense in the United States for the full economic life of the device. (2) Photovoltaic devices The term photovoltaic device C Provisions relating to major defense acquisition programs 841. Program manager development strategy (a) Strategy The Secretary of Defense shall develop a comprehensive strategy for enhancing the role of Department of Defense program managers in developing and carrying out defense acquisition programs. (b) Matters to be addressed The strategy required by this section shall address, at a minimum— (1) enhanced training and educational opportunities for program managers; (2) increased emphasis on the mentoring of current and future program managers by experienced senior executives and program managers within the Department; (3) improved career paths and career opportunities for program managers; (4) additional incentives for the recruitment and retention of highly qualified individuals to serve as program managers; (5) improved resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) for program managers; (6) improved means of collecting and disseminating best practices and lessons learned to enhance program management across the Department; (7) common templates and tools to support improved data gathering and analysis for program management and oversight purposes; (8) increased accountability of program managers for the results of defense acquisition programs; and (9) enhanced monetary and nonmonetary awards for successful accomplishment of program objectives by program managers. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy developed under subsection (a). 842. Tenure and accountability of program managers for program development periods (a) Revised guidance required Not later than 180 days after date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense guidance for defense acquisition programs to address the tenure and accountability of program managers for the program development period of defense acquisition programs. (b) Program development period For the purpose of this section, the term program development period (c) Responsibilities The revised guidance required by subsection (a) shall provide that the program manager for the program development period of a defense acquisition program is responsible for— (1) bringing to maturity the technologies and manufacturing processes that will be needed to carry out the program; (2) ensuring continuing focus during program development on meeting stated mission requirements and other requirements of the Department of Defense; (3) making trade-offs between program cost, schedule, and performance for the life-cycle of the program; (4) developing a business case for the program; and (5) ensuring that appropriate information is available to the milestone decision authority to make a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program), including information necessary to make the certification required by section 2366a (d) Qualifications, resources, and tenure The Secretary of Defense shall ensure that each program manager for the program development period of a defense acquisition program— (1) has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c); (2) is provided the resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) needed to meet such responsibilities; and (3) is assigned to the program manager position for such program until such time as such program is ready for a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program). 843. Tenure and accountability of program managers for program execution periods (a) Revised guidance required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense guidance for defense acquisition programs to address the tenure and accountability of program managers for the program execution period of defense acquisition programs. (b) Program execution period For purposes of this section, the term program execution period (c) Responsibilities The revised guidance required by subsection (a) shall— (1) require the program manager for the program execution period of a defense acquisition program to enter into a performance agreement with the milestone decision authority for such program within six months of assignment, that— (A) establishes expected parameters for the cost, schedule, and performance of the program consistent with the business case for the program; (B) provides the commitment of the milestone decision authority to provide the level of funding and resources required to meet such parameters; and (C) provides the assurance of the program manager that such parameters are achievable and that the program manager will be accountable for meeting such parameters; and (2) provide the program manager with the authority to— (A) veto the addition of new program requirements that would be inconsistent with the parameters established in the performance agreement entered into pursuant to paragraph (1), subject to the authority of the Under Secretary of Defense for Acquisition, Technology, and Logistics to override the veto based on critical national security reasons; (B) make trade-offs between cost, schedule, and performance, provided that such trade-offs are consistent with the parameters established in the performance agreement entered into pursuant to paragraph (1); (C) redirect funding within such program, to the extent necessary to achieve the parameters established in the performance agreement entered into pursuant to paragraph (1); (D) develop such interim goals and milestones as may be required to achieve the parameters established in the performance agreement entered into pursuant to paragraph (1); and (E) use program funds to recruit and hire such technical experts as may be required to carry out the program, if necessary expertise is not otherwise provided by the Department of Defense. (d) Qualifications, resources, and tenure The Secretary shall ensure that each program manager for the program execution period of a defense acquisition program— (1) has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c); (2) is provided the resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) needed to meet such responsibilities; and (3) is assigned to the program manager position for such program at the time of Milestone B approval (or Key Decision Point B approval in the case of a space program) and continues in such position until the delivery of the first production units of the program. (e) Limited waiver authority The Secretary may waive the requirement in paragraph (3) of subsection (d) that a program manager for the program execution period of a defense acquisition program serve in that position until the delivery of the first production units of such program upon submitting to the congressional defense committees a written determination that— (1) the program is so complex, and the delivery of the first production units will take so long, that it would not be feasible for a single individual to serve as program manager for the entire period covered by such paragraph; and (2) the complexity of the program, and length of time that will be required to deliver the first production units, are not the result of a failure to meet the certification requirements under section 2366a 844. Removal of requirements related to waiver of preliminary design review and post-preliminary design review before Milestone B Section 2366b(a)(2) , or certifies that the program is based on mature technology for which no risk reduction phase activities are needed prior to Milestone B and provides an explanation of how design reviews will be accomplished in an appropriate manner 845. Comptroller General of the United States report on operational testing programs for major defense acquisition programs (a) Report required Not later than March 31, 2015, the Comptroller General of the United States shall submit to the congressional defense committees a report on disputes between the Office of the Director, Operational Test and Evaluation and the acquisition community over testing requirements for major weapon systems. (b) Contents The report required by subsection (a) shall address, at a minimum, the following matters: (1) The extent, if any, to which the disputes described in subsection (a) have been the result of efforts that require that major weapon systems conduct operational testing in excess of levels necessary to demonstrate— (A) compliance with program requirements validated by the Joint Requirements Oversight Council; and (B) effectiveness and suitability for combat, as required by section 2399 (2) The extent, if any, to which such disputes have been the result of efforts to reduce potential testing for major weapon systems below levels necessary to demonstrate— (A) compliance with program requirements validated by the Joint Requirements Oversight Council; and (B) effectiveness and suitability for combat, as required by section 2399 (3) The extent, if any, to which testing requirements or standards established for major weapons systems as described in subparagraph (A) of paragraph (1) that were incompatible or inconsistent with testing requirements or standards as described in subparagraph (B) of such paragraph, and the impact of any such incompatibility or inconsistency. (c) Definitions In this section: (1) The term major defense acquisition program section 2430 (2) The term major weapon system section 2302d(a) D Other matters 861. 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; 10 U.S.C. 2302 (1) by striking means United States Central Command (A) United States Central Command ; and (2) by striking Pacific Command. (B) United States Transportation Command, except that the provisions of this section do not apply to contracts, grants, and cooperative agreements awarded or entered into by United States Transportation Command that are performed entirely inside the Untied States. . 862. Reimbursement of Department of Defense for assistance provided to nongovernmental entertainment-oriented media producers (a) In general Subchapter II of chapter 134 2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers (a) In general There shall be credited to the applicable appropriations account or fund from which the expenses described in subsection (b) were charged any amounts received by the Department of Defense as reimbursement for such expenses. (b) Description of expenses The expenses referred to in subsection (a) are any expenses— (1) incurred by the Department of Defense as a result of providing assistance to a nongovernmental entertainment-oriented media producer; (2) for which the Department of Defense requires reimbursement under section 9701 of title 31 or any other provision of law; and (3) for which the Department of Defense received reimbursement after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by adding after the item relating to section 2263 the following new item: 2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers. . 863. Three-year extension of authority for Joint Urgent Operational Needs Fund Section 2216a(e) September 30, 2015 September 30, 2018 IX Department of Defense Organization and Management A Department of Defense Management 901. Reorganization of the Office of the Secretary of Defense and related matters (a) Conversion of position of Deputy Chief Management Officer to position of Chief Management Officer (1) In general Chapter 4 of title 10, United States Code, is amended by inserting after section 133 the following new section: 133a. Chief Management Officer (a) Appointment There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) Responsibility for discharge of certain statutory position requirements In addition to the responsibilities specified in subsection (c), the Chief Management Officer is also the following: (1) The Chief Information Officer of the Department of Defense. (2) The Performance Improvement Officer of the Department of Defense. (c) General responsibilities The Chief Management Officer is responsible, subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense in the role of the Deputy Secretary as Chief Operating Officer of the Department of Defense, for the following: (1) Assisting the Deputy Secretary of Defense in the Deputy Secretary’s role as the Chief Operating Officer of the Department of Defense under section 132(c) of this title. (2) Supervising the management of the business operations of the Department of Defense and adjudicating issues and conflicts in functional domain business policies. (3) Establishing business strategic planning and performance management policies and measures and developing the Department of Defense Strategic Management Plan. (4) Establishing business information technology portfolio policies and overseeing investment management of that portfolio for the Department of Defense. (5) Establishing end-to-end business process and policies for establishing, eliminating, and implementing business standards, and the Business Enterprise Architecture. (6) Exercising authority, direction, and control over the Information Assurance Directorate of the National Security Agency. (7) Discharging the responsibilities provided for in chapter 35 (8) In addition to discharging the responsibilities specified in paragraph (7)— (A) reviewing and providing recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems; (B) ensuring the interoperability of information technology and national security systems throughout the Department of Defense; (C) ensuring that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed; (D) providing for the elimination of duplicate information technology and national security systems within and between the military departments and the Defense Agencies; and (E) maintaining a consolidated inventory of Department of Defense mission critical and mission essential information systems, identifying interfaces between such information systems and other information systems, and developing and maintaining contingency plans for responding to a disruption in the operation of any of such information systems. (d) Precedence The Chief Management Officer takes precedence in the Department of Defense after the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretaries of the military departments. . (2) Conforming repeal of superseded authority Section 132a of such title is repealed. (3) Placement in OSD Section 131(b) of such title is amended— (A) by striking paragraphs (2) and (3) and inserting the following new paragraph (2): (2) (A) The Under Secretary of Defense for Acquisition, Technology, and Logistics. (B) The Chief Management Officer of the Department of Defense. (C) The other Under Secretaries of Defense, as follows: (i) The Under Secretary of Defense for Policy. (ii) The Under Secretary of Defense for (Comptroller) (iii) The Under Secretary of Defense for Personnel and Readiness. (iv) The Under Secretary of Defense for Intelligence. ; and (B) by redesignated paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (4) Continuation of incumbent in position The individual appointed by the President, by and with the advice and consent of the Senate, to serve as the Deputy Chief Management Officer of the Department of Defense as of the date of enactment of this Act shall serve as the Chief Management Officer of the Department of Defense under section 133a of title 10, United States Code (as amended by paragraph (1)), after that date. (b) Designation of Deputy Secretary of Defense as Chief Operating Officer of Department of Defense Subsection (c) of section 132 (c) (1) The Deputy Secretary serves as the Chief Operating Officer of the Department of Defense. (2) In the Deputy Secretary's role as Chief Operating Officer of the Department of Defense, the Deputy Secretary shall exercise authority, direction, and control of the Chief Management Officer of the Department of Defense under section 133a of this title. . (c) Deputy Under Secretary of Defense matters (1) Increase in number of pdus Paragraph (1) of subsection (a) of section 137a five seven (2) Codification of restriction on use of Deputy Under Secretary of Defense title (A) Codification Subsection (a) of such section is further amended by adding at the end the following new paragraph: (3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense. . (B) Conforming repeal Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 137a note) is repealed. (3) Conforming amendment for the Vacancy Reform Act of 1998 Subsection (b) of section 137a is absent or disabled dies, resigns, or is otherwise unable to perform the functions and duties of the office (4) Amendments in connection with conversion to position of Chief Management Officer (A) Subsection (b) of such section is further amended by adding at the end the following new sentence: For purposes of the preceding sentence and paragraphs (6) and (7) of subsection (c), the Chief Management Officer of the Department of Defense shall be treated as an Under Secretary of Defense. (B) Additional pdus Subsection (c) of such section is amended by adding at the end the following new paragraphs: (6) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Management. (7) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Information. . (d) 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 Paragraph (9) of section 138(b) (9) (A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary— (i) is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to energy, installations, and environment; and (ii) is the principal advisor to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs. (B) In the capacity specified in subparagraph (A)(ii), the Assistant Secretary may communicate views on matters related to operational energy plans and programs and the operational energy strategy directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense. . (e) 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) is amended— (A) in the first sentence, 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; and (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. (f) Clarification of orders of precedence (1) Section 134(c) after the Chief Management Officer of the Department of Defense (2) Section 137a(d) of such title is amended by striking the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Management Officer of the Department of Defense, and the other Under Secretaries of Defense (3) Section 138(d) of such title is amended by striking the Under Secretaries of Defense, the Deputy Chief Management Officer of the Department of Defense the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Management Officer of the Department of Defense, the other Under Secretaries of Defense (g) Clarification of policy and responsibilities of Assistant Secretary of Defense for Energy, Installations, and Environment (1) 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) of such title to section 2926, as added by subparagraph (A), inserting such paragraph after the section heading, and redesignated such paragraph as subsection (a); (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 of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection (a) (as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively; (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 Energy, Installations, and Environment Assistant Secretary (F) in paragraph (4) of 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 (2) Repeal of former provision Section 138c of such title is repealed. (h) Technical and conforming amendments Title 10, United States Code, is further amended as follows: (1) In paragraph (6) of section 131(b) (as redesignated by subsection (a)(3))— (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) of this title. . (2) Section 132(b) is amended by striking is disabled or there is no Secretary of Defense dies, resigns, or is otherwise unable to perform the functions and duties of the office (3) In section 186— (A) in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2): (2) The Chief Management Officer of the Department of Defense. ; and (B) in subsection (b), by striking the Deputy Chief Management Officer of the Department of Defense the Chief Management Officer of the Department of Defense (4) In section 2222, by striking the Deputy Chief Management Officer of the Department of Defense the Chief Management Officer of the Department of Defense (5) In section 2925(b), by striking Operational Energy Plans and Programs Energy, Installations, and Environment (i) Clerical amendments (1) The table of sections at the beginning of chapter 4 (A) by striking the items relating to sections 132a, 138a, 138b, 138c, and 138d; and (B) by inserting after item relating to section 133 the following new item: 133a. Chief Management Officer. . (2) The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by adding at the end the following new item: 2926. Operational energy activities. . (j) Executive schedule matters (1) Executive Schedule Level III Section 5314 Chief Management Officer of the Department of Defense. . (2) Conforming amendment to prior reduction in number of Assistant Secretaries of Defense Section 5315 of such title is amended by striking Assistant Secretaries of Defense (16) Assistant Secretaries of Defense (14) (k) References (1) DCMO Any reference to the Deputy Chief Management Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Chief Management Officer of the Department of Defense. (2) CIO Any reference to the Chief Information Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Chief Management Officer of the Department of Defense. (3) ASDEIE Any reference to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment in any provision of law or in any rule, regulation, or other paper of the United State shall be deemed to the Assistant Secretary of Defense for Energy, Installations, and Environment. 902. Assistant Secretary of Defense for Manpower and Reserve Affairs (a) Single Assistant Secretary of Defense for Manpower and Reserve Affairs (1) Redesignation of position The position of Assistant Secretary of Defense for Reserve Affairs is hereby redesignated as the Assistant Secretary of Defense for Manpower and Reserve Affairs. The individual serving in that position on the day before the date of the enactment of this Act may continue in office after that date without further appointment. (2) Statutory duties Paragraph (2) of section 138(b) (2) One of the Assistant Secretaries is the Assistant Secretary of Defense for Manpower and Reserve Affairs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Manpower and Reserve Affairs shall have as the principal duty of such Assistant Secretary the overall supervision of manpower and reserve affairs of the Department of Defense. . (b) Repeal of duplicative provision (1) Repeal Section 10201 of such title is repealed. (2) Clerical amendment The table of sections at the beginning of chapter 1007 of such title is amended by striking the item relating to section 10201. B Other Matters 911. Modifications to requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing (a) Designation of officer Section 1501(a) (1) in the subsection heading, by striking Personnel Persons (2) by striking paragraph (2); (3) by designating the second sentence of paragraph (1) as paragraph (2); and (4) by striking the first sentence of paragraph (1) and inserting the following: (1) (A) The Secretary of Defense shall designate a single organization within the Department of Defense to have responsibility for Department matters relating to missing persons, including accounting for missing persons and persons whose remains have not been recovered from the conflict in which they were lost. (B) The organization designated under this paragraph shall be a Defense Agency or other entity of the Department of Defense outside the military departments and is referred to in this chapter as the designated Defense Agency (C) The head of the organization designated under this paragraph is referred to in this chapter as the designated Agency Director . (b) Responsibilities Paragraph (2) of such section, as designated by subsection (a)(3), is amended— (1) in the matter preceding subparagraph (A), by striking the official designated under this paragraph shall include— the designated Agency Director shall include the following: (2) by capitalizing the first letter of the first word of each of subparagraphs (A), (B), (C), and (D); (3) by striking the semicolon at the end of subparagraph (A) and inserting a period; (4) in subparagraph (B)— (A) by inserting responsibility for as well as the (B) by striking ; and (5) by adding at the end the following new subparagraph: (E) The establishment of a means for communication between officials of the designated Defense Agency and family members of missing persons, veterans service organizations, concerned citizens, and the public on the Department’s efforts to account for missing persons, including a readily available means for communication of their views and recommendations to the designated Agency Director. . (c) Conforming amendments Such section is further amended— (1) in paragraph (3), by striking the official designated under paragraphs (1) and (2) the designated Agency Director (2) in paragraphs (4) and (5), by striking The designated official The designated Agency Director (d) Resources Such section is further amended by striking paragraph (6). (e) Public-private partnerships and other forms of support Chapter 76 of such title is amended by inserting after section 1501 the following new section: 1501a. Public-private partnerships; other forms of support (a) Public-private partnerships The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (f)(1) shall include provisions for the establishment and implementation of such partnerships. (b) Acceptance of voluntary personal services The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title. (c) Cooperative agreements and grants (1) In general The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for purposes related to support of the activities of the designated Defense Agency. (2) Inapplicability of certain contract requirements Notwithstanding section 2304(k) of this title, the Secretary may enter such cooperative agreements or grants on a sole source basis pursuant to section 2304(c)(5) of this title. (d) Use of department of defense personal property The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency. (e) Regulations (1) In general The Secretary of Defense shall prescribe regulations to implement this section. (2) Limitation Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program. (f) Definitions In this section: (1) Cooperative agreement The term cooperative agreement section 6305 (2) Grant The term grant section 6304 . (f) Section 1505 conforming amendments Section 1505(c) of such title is amended— (1) in paragraph (1), by striking the office established under section 1501 of this title the designated Agency Director (2) in paragraphs (2) and (3), by striking head of the office established under section 1501 of this title designated Agency Director (g) Section 1509 amendments Section 1509 of such title is amended— (1) in subsection (b)— (A) in the subsection heading, by striking Process (B) in paragraph (1), by striking POW/MIA accounting community through the designated Agency Director (C) by striking paragraph (2) and inserting the following new paragraph (2): (2) (A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall include the identification of remains in support of the function of the designated Agency Director to account for unaccounted for persons covered by subsection (a). (B) In carrying out functions under this chapter, the medical examiner so assigned or detailed shall report to the designated Agency Director. (C) The medical examiner so assigned or detailed shall— (i) exercise scientific identification authority; (ii) establish identification and laboratory policy consistent with the Armed Forces Medical Examiner System; and (iii) advise the designated Agency Director on forensic science disciplines. (D) Nothing in this chapter shall be interpreted as affecting the authority of the Armed Forces Medical Examiner under section 1471 of this title. . (2) in subsection (d)— (A) in the subsection heading, by inserting ; Centralized database Files (B) by adding at the end the following new paragraph: (4) The Secretary of Defense shall establish and maintain a single centralized database and case management system containing information on all missing persons for whom a file has been established under this subsection. The database and case management system shall be accessible to all elements of the Department of Defense involved in the search, recovery, identification, and communications phases of the program established by this section. ; and (3) in subsection (f)— (A) in paragraph (1)— (i) by striking establishing and (ii) by striking Secretary of Defense shall coordinate designated Agency Director shall ensure coordination (B) in paragraph (2)— (i) by inserting staff National Security Council (ii) by striking POW/MIA accounting community (C) by adding at the end the following new paragraph: (3) In carrying out the program, the designated Agency Director shall coordinate all external communications and events associated with the program. . (h) Technical and conforming amendments (1) Cross-reference correction Section 1513(1) of such title is amended in the last sentence by striking subsection (b) subsection (c) (2) Heading amendment The heading of section 1509 of such title is amended to read as follows: 1509. Program to resolve missing person cases . (3) Table of sections The table of sections at the beginning of chapter 76 of such title is amended— (A) by inserting after the item relating to section 1501 the following new item: 1501a. Public-private partnerships; other forms of support. (B) in the item relating to section 1509, by striking preenactment X General Provisions A Financial Matters 1001. General transfer authority (a) Authority To transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2015 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000. (3) Exception for transfers between military personnel authorizations A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations The authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress The Secretary shall promptly notify Congress of each transfer made under subsection (a). 1002. National Sea-Based Deterrence Fund (a) Establishment of Fund Chapter 131 section 2218 2218a. National Sea-Based Deterrence Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the National Sea-Based Deterrence Fund (b) Administration of fund The Secretary of Defense shall administer the Fund consistent with the provisions of this section. (c) Fund purposes Funds in the Fund shall be available for obligation and expenditure only for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels. (d) Deposits There shall be deposited in the Fund all funds appropriated to the Department of Defense for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels. (e) Limitation The construction, purchase, alteration, or conversion of national sea-based deterrence vessels with funds in the Fund pursuant to subsection (c) shall be conducted in United States shipyards. (f) Expiration of funds after 5 years No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law. (g) Budget requests Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels. (h) Definitions In this section: (1) The term Fund (2) The term national sea-based deterrence vessel . (b) Clerical amendment The table of sections at the beginning of chapter 131 of such title is amended by inserting after the item relating to section 2218 the following new item: 2218a. National Sea-Based Deterrence Fund. . 1003. Sense of Senate on sequestration (a) Findings The Senate makes the following findings: (1) The budget of the President for fiscal year 2015, as submitted to Congress pursuant to section 1105 of title 31, United States Code, provides for significant reductions to the military force structure and in military compensation over the course of the future-years defense program, including proposals to restrict pay raises for members of the Armed Forces below the rate of inflation, freeze pay for general and flag officers, reduce the growth of housing allowances by requiring members of the Armed Forces to pay 5 percent out-of-pocket for housing costs, reduce appropriated fund subsidies to the defense commissaries, make significant changes to benefits under the TRICARE program, reduce the end strength of the Army by more than 60,000, retire the A–10 and U–2 aircraft of the Air Force, inactivate half of the cruiser fleet of the Navy, and reduce the size of the helicopter fleet of the Army by 25 percent and terminate the Ground Combat Vehicle program of the Army. (2) These proposed reductions are the result of the budget caps enacted by Congress in the Budget Control Act of 2011 and reaffirmed (with some relief for fiscal years 2014 and 2015) in the Bipartisan Budget Act of 2014, which cut more than $900,000,000,000 from the planned Department of Defense budget over a period of ten years. Under these budget caps, the Department of Defense budget is unchanged from the funding level in fiscal years 2013 and 2014, and remains more than $30,000,000,000 below the funding provided to the Department in fiscal years 2010, 2011, and 2012. In inflation-adjusted terms, the drop is even greater, with a reduction of $75,000,000,000 since fiscal year 2010 and virtually no projected growth in inflation-adjusted dollars through the balance of the future-years defense program. (3) If the budget caps remain unchanged for fiscal year 2016 and beyond, the Department of Defense will be required to make even deeper cuts, including an additional reduction of 60,000 in the end strength of the Army, the retirement of the entire KC–10 tanker aircraft fleet and the Global Hawk Block 40 fleet, reduced purchases of Joint Strike Fighters and unmanned aerial vehicles, the inactivation of additional naval vessels, reduced purchases of destroyers, and the elimination of an aircraft carrier and a carrier air wing. Senior civilian and military leaders of the Department of Defense have testified that if these additional reductions are carried out, the United States Armed Forces will not be able to carry out the National Defense Strategy. (4) The budget of the President for fiscal year 2015 proposes to add $115,000,000,000 to the budget caps of the Department of Defense for the four fiscal years starting in fiscal year 2016 in order to avoid the need to make the additional cuts described in paragraph (3). The budget proposes to add an equal amount to the budget caps for the non-defense agencies of the Federal Government in order to ensure that such agencies can continue to meet their obligation to protect and promote public safety, health, education, justice, transportation, the environment, and other domestic needs. (b) Sense of Senate It is the sense of the Senate that— (1) leaving the budget caps described in subsection (a)(2) for fiscal year 2016 and beyond unchanged would require cuts that would seriously undermine the ability of the Department of Defense to carry out its national security mission and reduce the ability of other Federal Government agencies to adequately address non-defense priorities; and (2) Congress should avoid these adverse impacts to the national interests of the United States by enacting deficit-neutral legislation to increase the budget caps, offset by a bipartisan comprehensive package. B Counter-Drug Activities 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia (a) Extension Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 Public Law 113–66 (1) in subsection (a), by striking 2014 2017 (2) in subsection (c), by striking 2014 2017 (b) Notice to Congress on assistance Not later than 15 days before providing assistance under section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (as amended by subsection (a)) using funds available for fiscal year 2015, 2016, or 2017, the Secretary of Defense shall submit to the congressional defense committees a notice setting forth the assistance to be provided, including the types of such assistance, the budget for such assistance, and the anticipated completion date and duration of the provision of such assistance. 1012. Extension and modification of authority for joint task forces supporting law enforcement agencies conducting activities to counter transnational organized crime to support law enforcement agencies conducting counter-terrorism activities (a) In general Subsection (a) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by inserting or activities to counter transnational organized crime counter-drug activities (b) Availability of funds Subsection (b) of such section is amended— (1) by striking fiscal year 2015 fiscal year 2020 (2) by inserting for drug interdiction and counter-drug activities that are funds (3) by inserting or activities to counter transnational organized crime counter-drug activities (c) Reports Subsection (c) of such section is amended— (1) in the matter preceding paragraph (1)— (A) by striking after 2008 (B) by striking Congress the congressional defense committees (2) in paragraph (1)— (A) by inserting , counter-transnational organized crime, counter-drug (B) by inserting or funds to counter transnational organized crime counter-drug funds (3) in paragraph (2), by inserting before the period the following: , and a description of the objectives of such support (4) in paragraph (3), by inserting before the period the following: or operations to counter transnational organized crime (d) Conditions Subsection (d)(2) of such section is amended— (1) in subparagraph (A)— (A) by inserting or funds to counter transnational organized crime counter-drug funds (B) by inserting or activities to counter transnational organized crime, as applicable, counter-drug activities (2) in subparagraph (B)— (A) by striking vital to in (B) by striking Congress the congressional defense committees (C) by inserting before the period at the end of the second sentence the following: , together with a description of the national security interests associated with the support covered by such waiver (3) by striking subparagraph (C). (e) Counter-illicit trafficking activities Such section is further amended by adding at the end the following new subsection: (e) Support for counter-illicit trafficking activities (1) In general In addition to any support authorized by subsection (a), a joint task force of the Department described in that subsection may also provide, subject to all applicable laws and regulations, support to law enforcement agencies conducting counter-illicit trafficking activities. (2) Illicit trafficking defined In this subsection, the term illicit trafficking . 1013. Extension of authority to provide additional support for counter-drug activities of certain foreign governments (a) Extension Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 Public Law 113–66 September 30, 2016 September 30, 2020 (b) Availability of funds Subsection (e) of such section 1033 (111 Stat. 1882), as most recently amended by section 1013(b) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 844), is further amended to read as follows: (e) Availability of funds Of the amount authorized to be appropriated for any fiscal year after fiscal year 2014 in which the authority under this section is in effect for drug interdiction and counter-drug activities, an amount not to exceed $125,000,000 shall be available in such fiscal year for the provision of support under this section. . 1014. Extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies (a) Extension Subsection (a) of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended by striking 2014 2020 (b) Expansion of authority To include activities To counter transnational organized crime Such section is further amended— (1) by inserting or activities to counter transnational organized crime counter-drug activities (2) in subsection (a)(3), by inserting or responsibilities for countering transnational organized crime counter-drug responsibilities (3) in subsection (b)(5), by inserting or counter-transnational organized crime Counter-drug (c) Notice to Congress on facilities projects Subsection (h)(2) of such section is amended by striking $500,000 $250,000 (d) Clerical amendment The heading of such section is amended to read as follows: 1004. Additional support for counter-drug activities and activities to counter transnational organized crime . C Naval Vessels and Shipyards 1021. Limitation on use of funds for inactivation of U.S.S. George Washington No funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Navy may be obligated or expended to conduct tasks connected to the inactivation of the U.S.S. George Washington (CVN–73) unless such tasks are identical to tasks that would be necessary to conduct a refueling and complex overhaul of the vessel. 1022. Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships (a) Limitation on availability of funds (1) In general Except as otherwise provided in this section, none of the funds authorized to be appropriated or otherwise made available for the Department of Defense by this Act or the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (2) Use of SMOSF funds Funds in the Ship, Modernization, Operations, and Sustainment Fund (SMOSF) may be used only for 11 Ticonderoga-class cruisers (CG 63 through CG 73) and 3 dock landing ships (LSD 41, LSD 42, and LSD 46). The Secretary of the Navy may use such funds only to man, operate, equip, sustain, and modernize such vessels. (b) Phased modernization of Ticonderoga class cruisers and dock landing ships The Secretary of the Navy shall retain 22 Ticonderoga-class cruisers (CGs) and 12 Whidbey Island/Harpers Ferry-class dock landing ships (LSDs) until the end of their expected service lives, as follows: (1) Operational forces The naval combat forces of the Navy shall include not less than 11 operational cruisers (CG 52 through CG 62) and 11 operational dock landing ships (all members of the LSD 41 class, except LSD 41, LSD, 42 and LSD 46). For purposes of this paragraph, a cruiser or dock landing ship is operational if such vessel is available for worldwide deployment other than during routine or scheduled maintenance or repair. (2) Phased modernization The Secretary may conduct phased modernization of the cruisers and dock landing ships for which funds in the Ship, Modernization, Operations, and Sustainment Fund are authorized to be available pursuant to subsection (a)(2). During a phased modernization period, the Secretary may reduce manning on such vessels to the minimal level necessary to ensure the safety and security of such vessels and to retain critical skills. (3) End of service and transition from phased modernization to operational forces Cruisers covered by paragraph (1) may only be decommissioned when replaced by one of the cruisers for which the Navy has conducted a phased modernization using funds in the Ship, Modernization, Operations, and Sustainment Fund as described in paragraph (2). After being reintroduced into the operational fleet, the cruisers modernized as described in paragraph (2) may be decommissioned individually upon reaching the end of their expected service life, excluding time spent in a phased modernization status under paragraph (2). After being reintroduced into the operational fleet, the dock landing ships modernized as described in paragraph (2) may be decommissioned upon reaching the end of their expected service life, excluded time spent in a phased modernization status under paragraph (2). (c) Requirements and limitations on phased modernization (1) Requirements During the period of phased modernization under subsection (b)(2) of the vessels specified in subsection (a)(2), the Secretary of the Navy shall— (A) continue to maintain the vessels in a manner that will ensure the ability of the vessels to reenter the operational fleet; (B) conduct planning activities to ensure scheduled and deferred maintenance and modernization work items are identified and included in maintenance availability work packages; (C) conduct hull, mechanical, and electrical (HM&E) and combat system modernization necessary to achieve a service life of 40 years; (D) in the case of the cruisers, schedule completion of maintenance and modernization, including required testing and crew training, to replace on a one-for-one basis, active cruisers that will be decommissioned upon reaching the end of their expected service life; (E) ensure adequate funds are available to execute phased modernization activities for all the vessels. (2) Limitations During the period of phased modernization under subsection (b)(2) of the vessels specified in subsection (a)(2), the Secretary may not— (A) permit removal or cannibalization of equipment or systems to support operational vessels, other than— (i) rotatable pool equipment; and (ii) equipment or systems necessary to support urgent operational requirements (but only with the approval of the Secretary of Defense); or (B) make any irreversible modifications that will prohibit the vessel from reentering the operational fleet. (d) Authority To enter into economic order quantity contracts The Secretary of the Navy may enter into a so-called economic order quantity (e) Reports (1) In general At the same time as the submittal to Congress of the budget of the President under section 1105 of title 31, United States, for each fiscal year in which activities under the phased modernization of vessels will be carried out under this section, the Secretary of the Navy shall submit to the congressional defense committees a written report on the status of the phased modernization of vessels under this section. (2) Elements Each report under this subsection shall include the following: (A) The status of phased modernization efforts, including availability schedules, equipment procurement schedules, and by-fiscal year funding requirements. (B) The readiness, and operational and manning status of each vessel to be undergoing phased modernization under this section during the fiscal year covered by such report. (C) The current material condition assessment for each such vessel. (D) A list of rotatable pool equipment that is identified across the whole class of cruisers to support operations on a continuing basis. (E) A list of equipment, other than rotatable pool equipment and components incidental to performing maintenance, removed from each such vessel, including a justification for the removal, the disposition of the equipment, and plan for restoration of the equipment. (F) A detailed plan for obligations and expenditures by vessel for the fiscal year beginning in the year of such report, and projections of obligations by vessel by fiscal year for the remaining time a vessel is in the phased modernization program. (G) A statement of the funding required during the fiscal year beginning in the year of such report to ensure the Ship, Modernization, Operations, and Sustainment Fund account has adequate resources to execute the plan under subparagraph (F) in the execution fiscal year and the following fiscal year. (3) Notice on variance from plan Not later than 30 days before executing any material deviation from a plan under paragraph (2)(F) for a fiscal year, the Secretary shall notify the congressional defense committees in writing of such deviation from the plan. (f) Repeal of superseded limitation Section 1023 of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 846) is repealed. 1023. Operational readiness of Littoral Combat Ships on extended deployments (a) Authority Subsection (a) of section 7310 (1) in the subsection heading, 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 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 of such title is amended by striking the item relating to section 7310 and inserting the following: 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions. . 1024. 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) Contractor-owned vessel defined In this section, the term contractor-owned vessel (1) was built in the United States; (2) is owned or operated by a person 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 crewed by citizens of the United States. (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 on the earlier of— (1) the date of the sale of the contractor-owned vessel; (2) the date of that 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) the date 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 chapter 645 7525. Limited coastwise trade. . D Counterterrorism 1031. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) In general Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2015 may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (b) Transfer for detention and trial The Secretary of Defense may transfer a detainee described in subsection (a) to the United States for detention pursuant to the Authorization for Use of Military Force ( Public Law 107–40 (1) determines that the transfer is in the national security interest of the United States; (2) determines that appropriate actions have been taken, or will be taken, to address any risk to public safety that could arise in connection with detention and trial in the United States; and (3) notifies the appropriate committees of Congress not later than 30 days before the date of the proposed transfer. (c) Notification elements A notification on a transfer under subsection (b)(3) shall include the following: (1) A statement of the basis for the determination that the transfer is in the national security interest of the United States. (2) A description of the action the Secretary determines have been taken, or will be taken, to address any risk to the public safety that could arise in connection with the detention and trial in the United States. (d) Status while in the United States A detainee who is transferred to the United States under this section— (1) shall not be permitted to apply for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (2) shall be considered to be paroled into the United States temporarily pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) (3) shall not, as a result of such transfer, have a change in designation as an unprivileged enemy belligerent eligible for detention pursuant to the Authorization for Use of Military Force, as determined in accordance with applicable law and regulations. (e) Limitation on transfer or release or detainees transferred to the United States Notwithstanding any other provision of law, an individual who is transferred to the United States under this section shall not be released within the United States or its territories, and may only be transferred or released in accordance with the procedures under section 1035 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 128 Stat. 851). (f) Limitations on judicial review (1) Limitations Except as provided for in paragraph (2), no court, justice, or judge shall have jurisdiction to hear or consider any action against the United States or its agents relating to any aspect of the detention, transfer, treatment, or conditions of confinement of a detainee described in subsection (a) who is held by the Armed Forces of the United States. (2) Exception A detainee who is transferred to the United States under this section shall not be deprived of the right to challenge his designation as an unprivileged enemy belligerent by filing a writ of habeas corpus as provided by the Supreme Court in Hamdan v. Rumsfeld (548 U.S. 557 (2006)) and Boumediene v. Bush (553 U.S. 723 (2008)). (3) No cause of action in decision not To transfer A decision not to transfer a detainee to the United States under this section shall not give rise to a judicial cause of action. (g) Effective date (1) In general Subsections (b), (c), (d), (e), and (f) shall take effect on the date, following the date on which the Secretary of Defense submits to the appropriate committees of Congress a detailed plan to close the detention facility at United States Naval Station, Guantanamo Bay, Cuba, that Congress fails to enact a joint resolution disapproving such report pursuant to subsection (i). (2) Elements The report required by paragraph (1) shall contain the following: (A) A case-by-case determination made for each individual detained at Guantanamo of whether such individual is intended to be transferred to a foreign country, transferred to the United States for the purpose of civilian or military trial, or transferred to the United States or another country for continued detention under the law of armed conflict. (B) The specific facility or facilities that are intended to be used, or modified to be used, to hold individuals inside the United States for the purpose of trial, for detention in the aftermath of conviction, or for continued detention under the law of armed conflict. (C) The estimated costs associated with the detention inside the United States of individuals detained at Guantanamo. (D) A description of the legal implications associated with the detention inside the United States of an individual detained at Guantanamo, including but not limited to the right to challenge such detention as unlawful. (E) A detailed description and assessment, made in consultation with the Secretary of State and the Director of National Intelligence, of the actions that would be taken prior to the transfer to a foreign country of an individual detained at Guantanamo that would substantially mitigate the risk of such individual engaging or reengaging in any terrorist or other hostile activity that threatens the United States or United States person or interests. (F) What additional authorities, if any, may be necessary to detain an individual detained at Guantanamo inside the United States as an unprivileged enemy belligerent pursuant to the Authorization for Use of Military Force, pending the end of hostilities or a future determination by the Secretary of Defense that such individual no longer poses a threat to the United States or United States persons or interests. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (h) Interim prohibition The prohibition in section 1022 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (i) Consideration by Congress of Secretary of Defense report (1) Terms of the resolution For purposes of this section the term joint resolution (A) which does not have a preamble; (B) the matter after the resolving clause of which is as follows: That Congress disapproves the report of the Secretary of Defense under section 1031(g) of the Carl Levin National Defense Authorization Act for Fiscal Year 2015 as submitted by the Secretary of Defense to Congress on ______ (C) the title of which is as follows: Joint resolution disapproving the Guantanamo Detention Facility Closure report of the Secretary of Defense. (2) Referral A resolution described in paragraph (1) 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 paragraph (1) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. (3) Discharge If the committee to which a resolution described in paragraph (1) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Secretary submits to Congress a report under subsection (g), 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. (4) Consideration (A) 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 paragraph (3)) 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. (B) 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. (C) Immediately following the conclusion of the debate on a resolution described in paragraph (1) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) 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 paragraph (1) shall be decided without debate. (5) Consideration by other house (A) If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply: (i) 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 clause (ii)(II). (ii) With respect to a resolution described in paragraph (1) 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. (B) 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. (6) Rules of the Senate and the House of Representatives This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (j) Definitions In this section: (1) The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term individual detained at Guantanamo (A) is not a citizen of the United States or a member of the Armed Forces of the United States; and (B) is— (i) in the custody or under the control of the Department of Defense; or (ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 1032. Report on facilitation of transfer overseas of certain individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the actions that have been taken and are planned to be taken to facilitate the transfer overseas of individuals detained at Guantanamo who have been approved for transfer. (b) Elements The report required by subsection (a) shall include the following: (1) For each individual detained at Guantanamo in detention as of December 26, 2013, who has been approved for transfer overseas and has not been so transferred, a description of factors impeding the transfer. (2) A description of the actions that have been taken by the Department of Defense and other Federal agencies to address the factors described in paragraph (1) impeding the transfer overseas of individuals described in that paragraph. (3) A description of additional actions that are planned to be taken to address the factors described in paragraph (1) impeding the transfer overseas of such individuals. (4) Such recommendations for legislative action as the Secretaries jointly consider appropriate to facilitate the transfer overseas of such individuals. (c) Treatment as approved for transfer For purposes of this section, an individual shall be considered to have been approved for transfer if— (1) the individual was approved for transfer under the review conducted by the Guantanamo Detainee Review Task Force established pursuant to Executive Order 13492; (2) the Secretary of Defense determines, following a review conducted in accordance with the requirements of section 1023 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 801 (3) the individual has been approved for transfer consistent with the provisions of section 1035 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 851; 10 U.S.C. 801 (d) Definitions In this section: (1) The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term individual detained at Guantanamo 1033. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment (a) Transfer for emergency or critical medical treatment authorized Notwithstanding section 1031(a), or any other provision of law enacted after September 30, 2013, but subject to subsection (b), the Secretary of Defense may temporarily transfer any individual detained at Guantanamo to a Department of Defense medical facility in the United States for the sole purpose of providing the individual medical treatment if the Secretary determines that— (1) the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, has determined that the medical treatment is necessary to prevent death or imminent significant injury or harm to the health of the individual; (2) based on the recommendation of the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, the medical treatment is not available to be provided at United States Naval Station, Guantanamo Bay, Cuba, without incurring excessive and unreasonable costs; and (3) the Department of Defense has provided for appropriate security measures for the custody and control of the individual during any period in which the individual is temporarily in the United States under this subsection. (b) Notice to Congress required before transfer (1) In general In addition to the requirements in subsection (a), an individual may not be temporarily transferred under the authority in that subsection unless the Secretary of Defense submits to the appropriate committees of Congress the notice described in paragraph (2)— (A) not later than 30 days before the date of the proposed transfer; or (B) if notice cannot be provided in accordance with subparagraph (A) because of an especially immediate need for the provision of medical treatment to prevent death or imminent significant injury or harm to the health of the individual, as soon as is practicable, but not later than 5 days after the date of transfer. (2) Notice elements The notice on the transfer of an individual under this subsection shall include the following: (A) A statement of the basis for the determination that the transfer is necessary to prevent death or imminent significant injury or harm to the health of the individual. (B) The specific Department of Defense medical facility that will provide medical treatment to the individual. (C) A description of the actions the Secretary determines have been taken, or will be taken, to address any risk to the public safety that could arise in connection with the provision of medical treatment to the individual in the United States. (c) Limitation on exercise of authority The authority of the Secretary of Defense under subsection (a) may be exercised only by the Secretary of Defense or by another official of the Department of Defense at the level of Under Secretary of Defense or higher. (d) Conditions of transfer An individual who is temporarily transferred under the authority in subsection (a) shall— (1) while in the United States, remain in the custody and control of the Secretary of Defense at all times; and (2) be returned to United States Naval Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines that— (A) the individual is medically cleared to travel; and (B) in consultation with the Commander, Joint Task Force–Guantanamo Bay, Cuba, any necessary follow-up medical care may reasonably be provided the individual at United States Naval Station, Guantanamo Bay, Cuba. (e) Status while in United States An individual who is temporarily transferred under the authority in subsection (a), while in the United States— (1) shall be deemed at all times and in all respects to be in the uninterrupted custody of the Secretary of Defense, as though the individual remained physically at United States Naval Station, Guantanamo Bay, Cuba; (2) shall not at any time be subject to, and may not apply for or obtain, or be deemed to enjoy, any right, privilege, status, benefit, or eligibility for any benefit under any provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) (3) shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guantanamo Bay, Cuba; and (4) shall not, as a result of such transfer, have a change in any designation that may have attached to that detainee while detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107–40), as determined in accordance with applicable law and regulations.. (f) Judicial review precluded (1) No creation of enforceable rights Nothing in this section is intended to create any enforceable right or benefit, or any claim or cause of action, by any party against the United States, or any other person or entity. (2) Limitation on judicial review Except as provided in paragraph (3), no court, justice, or judge shall have jurisdiction to hear or consider any claim or action against the United States or its agents relating to any aspect of the detention, transfer, treatment, or conditions of confinement of an individual transferred under this section. (3) Habeas corpus (A) Jurisdiction The United States District Court for the District of Columbia shall have exclusive jurisdiction to consider an application for writ of habeas corpus challenging the fact or duration of detention and seeking release from custody filed by or on behalf of an individual who is in the United States pursuant to a temporary transfer under subsection (a). Such jurisdiction shall be limited to that required by the Constitution with respect to the fact or duration of detention. (B) Scope of authority A court order in a proceeding covered by paragraph (3) may not— (i) review, halt, or stay the return of the individual who is the object of the application to United States Naval Station, Guantanamo Bay, Cuba, including pursuant to subsection (d); or (ii) order the release of the individual within the United States. (g) Definitions In this section: (1) The term appropriate committees of Congress (2) The term individual detained at Guantanamo 1034. Prohibition on transfer or release to Yemen of individuals detained at United States Naval Station, Guantanamo Bay, Cuba None of the amounts authorized to be appropriated or otherwise available to the Department of Defense may be used to transfer, release, or assist in the transfer or release, during the period beginning on the date of the enactment of this Act and ending on December 31, 2015, of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of the Republic of Yemen or any entity within Yemen. E Miscellaneous Authorities and Limitations 1041. Reduction in Department of Defense civilian personnel and review of certain headquarters spending (a) Report on certain civilian positions in Department of Defense 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) The total number of civilian positions created in the Department of Defense between September 11, 2001, and December 31, 2013, as a result of conversions of support functions from performance by military personnel to performance by civilian personnel, set forth separated by the number of each of administrative, technical, and medical positions. (2) The total number of civilian positions created as described in paragraph (1) that were created as temporary provisions and are now being converted back to military positions. (3) The total number of civilian positions created as described in paragraph (1) that have been or are being eliminated. (b) Sense of Congress It is the sense of Congress that the number of civilian positions in the Department of Defense created as described in subsection (a)(1) should be reduced simultaneously with reductions in the end strengths of the Armed Forces, and by the same percentages as the reductions in such end strengths which such reductions in civilian positions accompany. (c) Review of spending on headquarters in lower echelon commands The Secretary shall conduct a review of spending on headquarters in commands at command echelons below the level of major command with the objective of— (1) identifying opportunities to consolidate or eliminate commands that are geographically close or have similar missions; (2) seeking further opportunities to centralize administrative and command support services, functions, or programs; and (3) identifying means of achieving a reduction in spending for headquarters at such commands by an amount that is not less than the amount equal to 10 percent of the spending for headquarters of such commands in fiscal year 2014. (d) Revision of Department of Defense instruction 5100.73, major DOD headquarters activities The Secretary shall require the Director of Administration and Management, in consultation with the Under Secretary of Defense for Personnel and Readiness, to revise Department of Defense Instruction 5100.73, Major DOD Headquarters Activities, to— (1) include all major Department of Defense headquarter activity organizations within the purview of the instruction; (2) specify how contractors performing major Department of Defense headquarters activity functions will be identified and included in headquarters reporting; (3) clarify how components are to compile the major Department of Defense headquarters activities information needed to respond to the reporting requirements in section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note) and section 115a(f) Public Law 111–84 (4) establish time frames for implementing the actions required pursuant to paragraphs (1) through (3) in order improve tracking and reporting of headquarters resources for major Department of Defense headquarters. (e) Guidance for combatant commands In order to ensure that the combatant commands are properly sized to meet their assigned missions and to improve the transparency of the authorized manpower, assigned personnel, and mission and headquarters-support costs of the combatant commands, the Secretary shall require— (1) the Chairman of the Joint Chiefs of Staff to revise Chairman of the Joint Chiefs of Staff Instruction 1001.01A to require— (A) a comprehensive, periodic evaluation of whether the size and structure of the combatant commands are proper to ensure that the combatant commands meet assigned mission; and (B) the combatant commands to— (i) identify, manage, and track all personnel, including temporary personnel such as civilian overhires and Reserves on active duty, in the electronic Joint Manpower and Personnel System (e-JMAPS) of the Joint Staff; and (ii) identify specific guidelines and timeframes for the combatant commands to consistently input personnel information and review assigned personnel in the electronic Joint Manpower and Personnel System (e-JMAPS) of the Joint Staff; (2) the Chairman of the Joint Chiefs of Staff, in coordination with the Secretaries of the military departments and the commanders of the combatant commands, to develop and implement a formal process to gather information on authorized manpower and assigned personnel of the component commands of the Armed Forces; and (3) the Under Secretary of Defense (Comptroller) to revise Department of Defense Financial Management Regulation 7000.14R to require the military departments, in their annual budget documents for operation and maintenance, to identify the authorized military position and civilian and contractor full-time equivalents at each combatant command and provide detailed information on funding required by each combatant command for mission and headquarters support, such as civilian pay, contract services, travel and supplies. 1042. Protection of Department of Defense installations (a) Secretary of Defense authority Chapter 159 2672. Protection of buildings, grounds, property, and persons (a) In general The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property. (b) Officers and agents (1) (A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property. (B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary considers appropriate. (C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following: (i) The personnel or positions to be included in the category. (ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category. (iii) In the case of civilian personnel in that category— (I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and (II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance. (D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that— (i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and (ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category. (2) Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may— (A) enforce Federal laws and regulations for the protection of persons and property; (B) carry firearms; (C) make arrests— (i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or (ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; (D) serve warrants and subpoenas issued under the authority of the United States; and (E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property. (c) Regulations (1) The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply. (2) A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both. (d) Limitation on delegation of authority The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or the Deputy Secretary of Defense. (e) Disposition of persons arrested A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice). (f) Facilities and services of other agencies (1) In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may use the facilities and services of Federal, State, Indian tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services. (2) Services of State, Indian tribal, and local law enforcement, including application of their powers of law enforcement, may be provided under paragraph (1) notwithstanding that the property is subject to the legislative jurisdiction of the United States. (g) Authority outside Federal property For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, Indian tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, Indian tribal, and local laws concurrently with other Federal law enforcement officers and with State, Indian tribal, and local law enforcement officers. (h) Attorney General approval The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General. (i) Limitation with regard to other Federal agencies Nothing in this section shall be construed as affecting the authority of the Secretary of Homeland Security to provide for the protection of facilities under the jurisdiction, custody, or control, in whole or in part, of Federal agencies, including the buildings, grounds, and properties of the General Services Administration, other than the Department of Defense and located off of a military installation. (j) Cooperation with local law enforcement agencies With regard to civilian officers and agents performing duty in areas outside the property specified in subsection (a), the Secretary shall enter into agreements with local law enforcement agencies exercising jurisdiction over such areas for the purposes of avoiding conflicts of jurisdiction, promoting notification of planned law enforcement actions, and facilitating productive working relationships. (k) Limitation on statutory construction Nothing in this section shall be construed— (1) to preclude or limit the authority of any Federal law enforcement agency; (2) to restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. (3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797); (4) to affect chapter 47 of this title (the Uniform Code of Military Justice); (5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department; or (6) to restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 ( 50 U.S.C. 3609 . (b) Clerical amendment The table of sections at the beginning of chapter 159 of such title is amended by inserting after the item relating to section 2671 the following new item: 2672. Protection of buildings, grounds, property, and persons. . 1043. Authority to accept certain voluntary legal support services Section 1588(a) (10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned. . 1044. Inclusion of Chief of the National Guard Bureau among leadership of the Department of Defense provided physical protection and personal security (a) Inclusion Subsection (a) of section 1074 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph (7): (7) Chief of the National Guard Bureau. . (b) Conforming amendment Subsection (b)(1) of such section is amended by striking paragraphs (1) through (7) paragraphs (1) through (8) 1045. Inclusion of regional organizations in authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense (a) Inclusion of regional organizations in authority Section 1081 of the National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 168 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or regional organizations foreign countries (B) by inserting or organization ministry (2) in subsection (c), by inserting and regional organizations defense ministries (b) Update of policy guidance on authority The Under Secretary of Defense for Policy shall issue an update of the policy of the Department of Defense for assignment of civilian employees of the Department as advisors to foreign ministries of defense and regional organizations under the authority in section 1081 of the National Defense Authorization Act for Fiscal Year 2012, as amended by this section. (c) Conforming amendment The section heading of such section is amended to read as follows: 1081. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and regional organizations . 1046. 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)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 184 note) is amended by striking through 2014 through 2017 F Studies and Reports 1061. Reports on recommendations of the National Commission on the Structure of the Air Force (a) Reports Not later than 30 days after the date of the submittal to Congress pursuant to section 1105(a) of title 31, United States Code, of the budget of the President for each of fiscal years 2016 through 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the response of the Air Force to the 42 specific recommendations of the National Commission on the Structure of the Air Force in the report of the Commission pursuant to section 363(b) of the National Commission on the Structure of the Air Force Act of 2012 (subtitle G of title III of Public Law 112–239; 126 Stat. 1704). (b) Elements of initial report The initial report of the Secretary under subsection (a) shall set forth the following: (1) Specific milestones for review by the Air Force of the recommendations of the Commission described in subsection (a). (2) A preliminary implementation plan for each of such recommendations that do not require further review by the Air Force as of the date of such report for implementation. (c) Elements of subsequent reports Each report of the Secretary under subsection (a) after the initial report shall set forth the following: (1) An implementation plan for each of the recommendations of the Commission described in subsection (a), and not previously covered by a report under this section, that do not require further review by the Air Force as of the date of such report for implementation. (2) A description of the accomplishments of the Air Force in implementing the recommendations of the Commission previously identified as not requiring further review by the Air Force for implementation in an earlier report under this section, including a description of any such recommendation that is fully implemented as of the date of such report. (d) Deviation from Commission recommendations If any implementation plan under this section includes a proposal to deviate in a material manner from a recommendation of the Commission described in subsection (a), the report setting forth such implementation plan shall— (1) describe the deviation; and (2) include a justification of the Air Force for the deviation. (e) Allocation of savings Each report of the Secretary under subsection (a) shall— (1) identify any savings achieved by the Air Force as of the date of such report in implementing the recommendations of the Commission described in subsection (a) when compared with spending anticipated by the budget of the President for fiscal year 2015; and (2) indicate the manner in which such savings affected the budget request of the President for the fiscal year beginning in the year in which such report is submitted. 1062. Review of operation of certain ships during the Vietnam era (a) Review required By not later than one year after the date of the enactment of this Act, the Secretary of Defense shall review the logs of each ship under the authority of the Secretary of the Navy that is known to have operated in the waters near Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, to determine— (1) whether each such ship operated in the territorial waters of the Republic of Vietnam during such period; and (2) for each such ship that so operated— (A) the date or dates when the ship so operated; and (B) the distance from the shore of the location where the ship operated that was the closest proximity to shore. (b) Provision of information to Secretary of Veterans Affairs Upon a determination that any such ship so operated, the Secretary of Defense shall provide such determination, together with the information described in subsection (a)(2) about the ship, to the Secretary of Veteran Affairs. 1063. Assessment of the operations research tools, processes, and capabilities in support of requirements analysis for major defense acquisition programs and allocation of intelligence, surveillance, and reconnaissance assets (a) Assessment The Vice Chairman of the Joint Chiefs of Staff, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of Cost Assessment and Program Evaluation, shall conduct an assessment of the following: (1) The potential benefits to systems acquisition of increased application of rigorous operations research tools, processes, and capabilities to the analysis of requirements for major defense acquisition programs and the programs of Major Automated Information Systems (commonly referred to as MAIS (2) The potential benefits to the prioritization and allocation of existing intelligence, surveillance, and reconnaissance assets to the combatant commands of increased application of rigorous evidence-based operations research tools, processes, and capabilities to the analysis of the requirements submitted by the commanders of the combatant commands. (3) The standardization and quality of the data related to requirements submitted by the commanders of the combatant commands for intelligence, surveillance, and reconnaissance support that are collected and available to assess those requirements. (4) The contribution of operations research to the decision making process within the Joint Requirements Oversight Council (commonly referred to as JROC (5) The operations research resources, both government employee and contractor operations research professionals, available in the Cost Assessment and Program Evaluation office (commonly referred to as CAPE J8 JFCC ISR 50 U.S.C. 3003 (6) The extent to which the resources described in paragraph (5) are utilized, and the degree to which they could and should be utilized, to support the analysis, validation, and prioritization of requirements for intelligence, surveillance, and reconnaissance among the commanders of the geographic combatant commands and for new system acquisitions. (7) Whether additional operations research capability is needed to effectively support the requirements analysis responsibilities of the Joint Requirements Oversight Council and the Chairman of the Joint Chiefs of Staff. (8) Whether the current policies and processes relating to the analysis, validation, and prioritization of requirements for intelligence, surveillance, and reconnaissance assets under the Global Force Management process need to be modified, including consideration of the following: (A) Making the personnel and other resources for processing, exploitation, and dissemination part of the Global Force Management process, and creating means to re-allocate resources for processing, exploitation, and dissemination, including across combatant commands, when missions or sorties cannot be executed as planned. (B) Integrating the assessment division of the Joint Functional Component Command for Intelligence, Surveillance, and Reconnaissance more closely with the Force Structure, Resources, and Assessment directorate of the Joint Staff to support analysis and validation of requirements of the combatant commands. (C) Standardizing the requirements prioritization schema, tools, and data used by the geographic combatant commands. (D) Standardizing the qualifications and training of personnel of the geographic combatant commands that are responsible for generating requirements. (E) Factoring national intelligence collection operations into the Global Force Management process for analyzing and validating requirements of the geographic combatant commands. (F) Creating larger number of discriminating standard metrics for support of intelligence, surveillance, and reconnaissance in addition to combat air patrol orbits, sorties per month, or hours of collection. (b) Briefing of Congress on findings Not later than 180 days after the date of the enactment of this Act, the Vice Chairman of the Joint Chiefs of Staff, in consultation with the Under Secretary of Defense for Acquisition and the Director of Cost Assessment and Program Evaluation, shall brief the congressional defense committees on the findings of the Vice Chairman with respect to the assessment conducted under subsection (a). (c) Submittal to Congress of operations research analysis of requirements for ISR asset allocation in GFMAP for FY2015 Not later than 90 days after the date of the enactment of this Act, the Vice Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees and the congressional intelligence committees (as defined in section 4 of the National Security Act of 1947 ( 50 U.S.C. 3003 1064. Review of United States military strategy and the force posture of allies and partners in the United States Pacific Command area of responsibility (a) Independent review (1) In general The Secretary of Defense shall commission an independent review of the United States Asia-Pacific re-balance, with a focus on policy issues that will be critical during the 10-year period beginning on the date of the enactment of this Act, including the national security interests and military strategy of the United States in the Asia-Pacific region. (2) Conduct of review The review conducted pursuant to paragraph (1) shall be conducted by an independent organization that has— (A) recognized credentials and expertise in maritime strategy and military affairs; and (B) access to policy experts throughout the United States and from the Asia-Pacific region. (3) Elements The review conducted pursuant to paragraph (1) shall include the following elements: (A) An assessment of the current and planned United States force posture adjustments and the impact of such adjustments on the strategy to re-balance to the Asia-Pacific region. (B) An assessment of the risks to United States national security interests in the United States Pacific Command area of responsibility during the 10-year period beginning on the date of the enactment of this Act posed by potential adversaries or emerging technologies. (C) An analysis of the willingness and capacity of allies, partners, and regional organizations to contribute to the security and stability of the Asia-Pacific region, including potential required adjustments to United States military strategy based on that analysis. (D) An evaluation of current and projected wide-area, long-range, persistent intelligence, surveillance, and reconnaissance capabilities and capability gaps of the United States and its partners. (E) An analysis of regional ballistic missile capabilities and adequacy of regional and United States missile defense plans and capabilities for the Asia-Pacific region. (F) An appraisal of the Arctic ambitions of actors in the Asia-Pacific region in the context of current and projected capabilities, including an analysis of the adequacy and relevance of the Arctic Roadmap prepared by the Navy. (G) An evaluation of partner capacity building efforts of the United States Pacific Command in the context of current and projected threats with a focus on maritime domain awareness, maritime security, and border security capabilities, including— (i) an examination of the capabilities and naval force posture of allies and partners of the United States, with specific focus on current and projected submarine capabilities of United States and regional actors and the implications for maritime security strategy; (ii) an assessment of the advantages or disadvantages of the formation of an East Asian maritime security partnership; and (iii) a description of the role of multilateral organizations, such as the Association of Southeast Asian Nations, in reducing tensions and negotiating resolution of maritime disputes. (H) The views of noted policy leaders and regional experts, including military commanders, in the Asia-Pacific region. (b) Report (1) Submission to the Secretary of Defense Not later than 180 days after the date of the enactment of this Act, the independent organization that conducted the review pursuant to subsection (a)(1) shall submit to the Secretary of Defense an unclassified report, along with a classified annex, containing the findings of the review. (2) Submission to Congress Not later than 90 days after the date of receipt of the report required by paragraph (1), the Secretary of Defense shall submit to the congressional defense committees the report, together with any comments on the report that the Secretary considers appropriate. 1065. Department of Defense policies on community involvement in Department community outreach events (a) In general 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 such recommendations as the Secretary considers appropriate for modifications of the policies of the Department of Defense on the involvement of non-Federal entities in Department community outreach events (including, but not limited to, air shows, parades, and open houses) that feature any unit, aircraft, vessel, equipment, or members of the Armed Forces in order to increase the involvement of non-Federal entities in such events. (b) Consultation The Secretary shall prepare the report required by subsection (a) in consultation with the Director of the Office of Government Ethics. (c) Elements The report required by subsection (a) shall include the following: (1) A description of current Department of Defense policies and regulations on the acceptance and use of voluntary gifts, donations, sponsorships, and other forms of support from non-Federal entities and persons for Department community outreach events described in subsection (a). (2) Recommendations for modifications of such policies and regulations in order to permit additional voluntary support and funding from non-Federal entities for such events, including recommendations on matters such as increased recognition of donors, authority for military units to endorse the fundraising efforts of certain donors, and authority for the Armed Forces to charge fees or solicit and accept donations for parking and admission to such events. 1066. Comptroller General of the United States briefing and report on management of the conventional ammunition demilitarization stockpile of the Department of Defense (a) Finding Congress finds that the Comptroller General of the United States recently reported that there is risk that the Armed Forces may budget funds to procure new supplies of conventional ammunition to meet requirements when such ammunition is currently available in the inventories of the Department of Defense, but categorized for demilitarization or disposal. (b) Briefing and report (1) In general The Comptroller General shall provide a briefing and submit a report to the congressional defense committees on the management of the conventional ammunition demilitarization stockpile of the Department of Defense (2) Elements The briefing and report required by paragraph (1) shall include the following: (A) An assessment of the adequacy of Department policies and procedures governing the demilitarization of excess, obsolete, and unserviceable conventional ammunition. (B) An assessment of the adequacy of the maintenance by the Department of information on the quantity, value, condition, and location of excess, obsolete, and unserviceable conventional ammunition for each of the Armed Forces. (C) An assessment whether the Department has conducted an analysis comparing the costs of storing and maintaining items in the conventional ammunition demilitarization stockpile with the costs of the disposal of items in the stockpile. (D) An assessment whether the Department has— (i) identified challenges in managing the current and anticipated conventional ammunition demilitarization stockpile; and (ii) if so, developed mitigation plans to address such challenges. (E) Such other matters relating to the management of the conventional ammunition demilitarization stockpile as the Comptroller General considers appropriate. (3) Deadlines The briefing required by paragraph (1) shall be provided not later than April 30, 2015. The report required by that paragraph shall be submitted not later than June 1, 2015. 1067. Repeal and modification of reporting requirements (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 1073b is repealed. (2) The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 1073b. (b) National defense authorization acts (1) Fiscal year 2012 Subsection (b) of section 1043 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 (b) Form of reports Any report under subsection (a) may be submitted in classified form. . (2) 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 further 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). (3) 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 110–417 (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 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 ( Public Law 110–417 . 1068. Repeal of requirement for Comptroller General of the United States annual reviews and report on pilot program on commercial fee-for-service air refueling support for the Air Force Section 1081 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–81 G Uniformed Services Voting I Provision of voter assistance to members of the Armed Forces 1071. Provision of annual voter assistance (a) Annual voter assistance (1) In general Chapter 80 section 1566a 1566b. Annual voter assistance (a) In general The Secretary of Defense shall carry out the following activities: (1) In coordination with the Secretary of each military department— (A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to— (i) register to vote in an election for Federal office; (ii) update the member's voter registration information; or (iii) request an absentee ballot; and (B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A). (2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that— (A) provides an electronic means for carrying out the requirements of paragraph (1); (B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)), directs such individual to that system; and (C) in the case of an individual using the official 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)) to register to vote and request an absentee ballot— (i) pre-populates such official post card form with the personal information of such individual, and (ii) (I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official post card form; or (II) transmits the completed official post card form electronically to the appropriate State or local election officials. (3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers a notification via electronic means to such member that— (A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and (B) includes instructions on how to update such voter registration using the online system developed under paragraph (2). (b) Data collection The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 1071(b) of the Carl Levin National Defense Authorization Act for Fiscal Year 2015 and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)(2)) in a manner that complies with section 552a (c) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot. . (2) Clerical amendment The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1566a the following new item: 1566b. Annual voter assistance. . (b) Report on status of implementation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant committees of Congress a report on the status of the implementation of the requirements of section 1566b (2) Elements The report under paragraph (1) shall include— (A) a detailed description of any specific steps already taken towards the implementation of the requirements of such section 1566b; (B) a detailed plan for the implementation of such requirements, including milestones and deadlines for the completion of such implementation; (C) the costs expected to be incurred in the implementation of such requirements; (D) a description of how the annual voting assistance and system under subsection (a)(3) of such section will be integrated with Department of Defense personnel databases that track military servicemembers' address changes; (E) an estimate of how long it will take an average member to complete the voter assistance process required under subsection (a)(1) of such section; (F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of the online system under subsection (a)(2) of such section; and (G) a summary of any objections, concerns, or comments made by State or local election officials regarding the implementation of such section. (3) Relevant committees of congress defined In this subsection, the term relevant committees of Congress (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. 1072. Designation of voter assistance offices Section 1566a (1) in subsection (a)— (A) by striking Not later than subsection (f), the Secretaries The Secretaries (B) by striking shall designate may designate (2) in subsection (c), by striking shall ensure necessity, may ensure (3) in subsection (d), by striking shall may (4) in subsection (e), by striking the second sentence and inserting the following: Any office so designated may provide voting assistance described in this section. (5) in subsection (f)— (A) in the first sentence— (i) by striking shall may (ii) by striking the requirements of (B) by striking the second sentence. II Electronic voting systems 1076. Repeal of electronic voting demonstration project Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 ( 42 U.S.C. 1973ff H Other Matters 1081. Biennial surveys of Department of Defense civilian employees on workplace and gender relations matters (a) Surveys required (1) In general Chapter 23 section 481 481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees (a) In general (1) The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of Defense to solicit information on gender issues, including issues relating to gender-based assault, harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department. (2) Each survey under this section shall be known as a Department of Defense Civilian Employee Workplace and Gender Relations Survey (b) Elements Each survey conducted under this section shall be conducted so as to solicit information on the following: (1) Indicators of positive and negative trends for professional and personal relationships between male and female civilian employees of the Department of Defense. (2) The specific types of assault on civilian employees of the Department by other personnel of the Department (including contractor personnel) that have occurred, and the number of times each respondent has been so assaulted during the preceding fiscal year. (3) The effectiveness of Department policies designed to improve professional relationships between male and female civilian employees of the Department. (4) The effectiveness of current processes for complaints on and investigations into gender-based assault, harassment, and discrimination involving civilian employees of the Department. (5) Any other issues relating to assault, harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate. (c) Report to Congress Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey. . (2) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 481 the following new item: 481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees. . (3) Initial survey The Secretary of Defense shall carry out the first survey required by section 481a (b) Report on feasibility of similar surveys of military dependents and Department of Defense contractors (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment by the Secretary of the feasibility of conducing recurring surveys of each population specified in paragraph (2) on issues relating to gender-based assault, harassment, and discrimination. (2) Covered populations The populations specified in this paragraph are the following: (A) Military dependents. (B) Contractors of the Department of Defense. 1082. 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 execution and collaboration related to the National Oceanographic Partnership Program. . (c) Funding to support activities of panel Subsection (c) of such section is amended by striking Secretary of the Navy Secretary of Commerce 1083. 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) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the jurisdiction of the Secretary who is performing duty on official travel to occupy adequate quarters on a rental basis when available. . (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 (c) Report (1) In general Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the exercise of the authority provided by paragraph (2) of section 5911(e) of title 5, United States Code (as added by subsection (a)). The report shall include the following: (A) The date, if any, on which the exercise of the authority commenced. (B) The manner in which the authority has been exercised. (C) An estimate of the savings achieved by the Department of Defense through the exercise of the authority, and an estimate of the additional savings to be achieved by the Department over the course of the future-years defense program current as of the date of such report. (D) An assessment whether the quality of lodging has improved for civilian employees of the Department of Defense and members of the Armed Forces as a result of the exercise of the authority. (E) Such other matters relating to the exercise of the authority as the Secretary considers appropriate. (2) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives. 1084. 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 (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. . 1085. Pilot program to rehabilitate and modify homes of disabled and low-income veterans (a) Definitions In this section: (1) Disabled The term disabled section 12102 (2) Eligible veteran The term eligible veteran (3) Energy efficient features or equipment The term energy efficient features or equipment (4) Low-income veteran The term low-income veteran (5) Nonprofit organization The term nonprofit organization (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence (A) In general The term primary residence (B) Family member defined For purposes of this paragraph, the term family member (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization The term qualified organization (8) Secretary The term Secretary (9) Veteran The term veteran section 101 (10) Veterans service organization The term veterans service organization (b) Establishment of a pilot program (1) Grant (A) In general The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (B) Coordination The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (C) Maximum grant A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (2) Application (A) In general Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require. (B) Contents Each application submitted under subparagraph (A) shall include— (i) a plan of action detailing outreach initiatives; (ii) the approximate number of veterans the qualified organization intends to serve using grant funds; (iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs. (C) Preferences In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization— (i) with experience in providing housing rehabilitation and modification services for disabled veterans; or (ii) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural, including tribal, areas (the Secretary, through regulations, shall define the term rural areas (3) Criteria In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (A) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low-income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (B) Have established outreach initiatives that— (i) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; (ii) ensure veterans who are disabled receive preference in selection for assistance under this program; and (iii) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (C) Have an established nationwide or statewide network of affiliates that are— (i) nonprofit organizations; and (ii) able to provide housing rehabilitation and modification services for eligible veterans. (D) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (4) Use of funds A grant award under the pilot program shall be used— (A) to modify and rehabilitate the primary residence of an eligible veteran, and may include— (i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to— (I) accommodate the functional limitations that result from having a disability; or (II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and (iii) installing energy efficient features or equipment if— (I) an eligible veteran’s monthly utility costs for such residence is more than 5 percent of such veteran’s monthly income; and (II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; and (B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program. (5) Oversight The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (6) Matching funds (A) In general A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (B) In-kind contributions In order to meet the requirement under subparagraph (A), such organization may arrange for in-kind contributions. (7) Limitation cost to the veterans A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (8) Reports (A) Annual report The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written— (i) the number of eligible veterans provided assistance under the pilot program; (ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (iii) the total number, types, and locations of entities contracted under such program to administer the grant funding; (iv) the amount of matching funds and in-kind contributions raised with each grant; (v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (ix) any other information that the Secretary considers relevant in assessing such program. (B) Final report Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (C) Inspector General report Not later than March 31, 2019, the Inspector General of the Department of Housing and Urban Development shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of— (i) the use of appropriated funds by the Secretary and by grantees under the pilot program; and (ii) oversight and accountability of grantees under the pilot program. (9) Authorization of appropriations There are authorized to be appropriated for the Department of Housing and Urban Development for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019. 1086. 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) is amended by striking section 6101(b)-(d) of title 41 section 6101 of title 41 (2) Section 2302 is amended— (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) is amended by striking 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 is amended by striking Sections 6101(b)-(d) Sections 6101 (5) Section 2321(f)(2) is amended by striking 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) is amended by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 110 of title 41 (7) Section 2379 is amended— (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) is amended— (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) is amended by striking such Act chapter 83 of such tittle (10) Section 2533b is amended— (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) is amended by striking 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) is amended by striking 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) 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 proposed for codification 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) and 421(c) are amended by striking ( 50 U.S.C. 413 et seq. ( 50 U.S.C. 3091 et seq. (4) Section 201(b)(1) is amended by striking ( 50 U.S.C. 403-6(b) ( 50 U.S.C. 3041(b) (5) Section 429 is amended— (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) is amended by striking ( 50 U.S.C. 404e(a) ( 50 U.S.C. 3045(a) (7) Section 444 is amended— (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 is amended— (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 is amended by striking ( 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) is amended by striking ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (12) Section 1605(a)(2) is amended by striking ( 50 U.S.C. 403r ( 50 U.S.C. 3518 (13) Section 1623(a) is amended by striking ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (14) Section 2409(e)(1) is amended by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (15) Section 2501(a)(1)(A) is amended by striking ( 50 U.S.C. 404a ( 50 U.S.C. 3043 (16) Section 2557(c) is amended by striking ( 50 U.S.C. 413 et seq. ( 50 U.S.C. 3091 et seq. (17) Section 2723(d)(2) is amended by striking ( 50 U.S.C. 413 ( 50 U.S.C. 3091 (e) Amendments to other defense-related statutes to reflect reclassification of provisions of law proposed for codification 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 10 U.S.C. 2271 (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) is amended by striking section 2366a(a)(4) section 2366a(a)(6) (B) Section 7292(d)(2) is amended by striking 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) is amended by striking 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) is amended by striking 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) is amended— (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) is amended by striking after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 after December 31, 2011, (5) Section 6328(c) is amended by striking 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 is amended by striking subsection (g). (2) Section 407(a)(3)(A) is amended by striking the comma after as applicable (3) Section 429 is amended— (A) in subsection (a), by striking Section section (B) in subsection (c), by striking act law (4) Section 1074m(a)(2) is amended by striking subparagraph subparagraphs (5) Section 1154(a)(2)(A)(ii) is amended by striking U.S.C.1411 U.S.C. 1411 (6) Section 2222(g)(3) is amended by striking (A) (3) (7) Section 2335(d) is amended— (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 is amended by striking subsection (h). (9) Section 2601a is amended— (A) in subsection (a)(1), by striking issue prescribe (B) in subsection (d), by striking issued prescribed (10) Section 2853(c)(1)(A) is amended by striking can be still be can still be (11) Section 2866(a)(4)(A) is amended by striking repayed repaid (12) Section 2884(c) is amended by striking on evaluation an evaluation (i) Transfer of section 2814 to chapter 631 (1) Transfer and redesignation Section 2814 (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 of such title is amended by inserting after the item relating to section 7205 the following new item: 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. XI Civilian Personnel Matters 1101. Extension and modification of experimental program for scientific and technical personnel (a) Positions covered by authority (1) In general Subsection (b)(1) of section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 5 U.S.C. 3104 (A) in subparagraph (A), by striking 60 scientific and engineering positions 100 scientific and engineering positions (B) in subparagraph (B), by adding and (C) by striking subparagraphs (C) and (D); and (D) by redesignating subparagraph (E) as subparagraph (C). (2) Conforming amendment Subsection (c)(2) of such section is amended by striking the Defense Advanced Research Projects Agency the Department of Defense (b) Additional payments Subsection (d) of such section is amended— (1) in paragraph (1), by striking 12-month period calendar year (2) in paragraph (2), by striking fiscal year calendar year (c) Extension Subsection (e)(1) of such section is amended by striking September 30, 2016 September 30, 2019 1102. Modifications of biennial strategic workforce plan relating to senior management, functional, and technical workforces of the Department of Defense (a) Senior management workforce Subsection (c) of section 115b (1) by striking paragraph (1) and inserting the following new paragraph (1): (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 actions 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 of this title. (3) The term acquisition workforce . (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 each amended by striking include a separate chapter to 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas Section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 113–66 through 2014 through 2015 1104. Personnel authorities for civilian personnel for the United States Cyber Command (a) Sense of Senate It is the sense of the Senate that— (1) the Secretary of Defense needs enhanced authorities for employing, compensating, and promoting civilian personnel with technical and operational cyber expertise in order to enable the United States Cyber Command to recruit and retain a civilian workforce able to support its demanding cyber missions; and (2) sections 1601 through 1607 of title 10, United States Code, provide an example of authorities which might suit that purpose. (b) Recommendations on personnel authorities Not later than 180 days after the date of the enactment of this Act, the Principal Cyber Advisor to the Secretary of Defense shall— (1) identify improvements to be made to the support provided by the Air Force, in its capacity as executive agent for the United States Cyber Command, to meet the needs of the Command for obtaining and retaining civilian personnel with the skills and experience required to support the missions and responsibilities of the Command; (2) identify the additional employment, compensation, and promotion authorities necessary for the Air Force, in that capacity, to ensure that the United States Cyber Command has a civilian workforce able to support the missions and responsibilities of the Command; and (3) submit to the Secretary recommendations for administrative and legislative actions, including actions in connection with authorities identified pursuant to paragraph (2), to ensure that the United States Cyber Command has a civilian workforce able to support the missions and responsibilities of the Command. XII Matters Relating to Foreign Nations A Assistance and Training 1201. Modification of Department of Defense authority for humanitarian stockpiled conventional munitions assistance programs Section 407(e)(2) (1) by striking and includes small arms, and light weapons, including man-portable air-defense systems. Such term includes (2) by inserting before the period at the end the following: , small arms, and light weapons, including man-portable air-defense systems 1202. Codification of recurring limitations on the use of funds for assistance for units of foreign security forces that have committed a gross violation of human rights (a) Codification of limitations (1) In general Subchapter I of chapter 134 2246. Limitation on use of funds for assistance for units of foreign security forces that have committed gross violations of human rights (a) In general Funds authorized to be appropriated to the Department of Defense may not be used for training, equipment, or other assistance for the members of a unit of a foreign security force if the Secretary of Defense has credible information that such unit has committed a gross violation of human rights. (b) Exceptions The prohibition in subsection (a) shall not apply if the Secretary determines that— (1) the government of the country of the foreign security force unit concerned has undertaken all necessary corrective steps; or (2) the training, equipment, or other assistance concerned is necessary— (A) to assist in disaster relief operations or other humanitarian or national security emergencies; or (B) to conduct human rights training of foreign security forces. (c) Waiver The Secretary may waive the prohibition in subsection (a) if the Secretary determines that the waiver is required by extraordinary circumstances. (d) Information on violations of human rights (1) The Secretary shall ensure that, before a decision to provide training, equipment, or other assistance to a unit of a foreign security force, full consideration is given to any credible information available to the Department of State relating to human rights violations by such unit. (2) The Secretary shall establish, and periodically update, procedures to ensure that any information in the possession of the Department of Defense about gross violations of human rights by units of foreign security forces is shared on a timely basis with the Department of State. (e) Consultation The Secretary of Defense shall consult with the Secretary of State in the discharge of subsections (b), (c), and (d). (f) Notification Not later than 15 days after the application of any exception under subsection (b) or the exercise of any waiver under subsection (c), the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following: (1) In the case a report on an exception under subsection (b), notice of the use of the exception and a description of the grounds for the exception. (2) In the case of a report on a waiver under subsection (c), a description of— (A) the foreign security force unit concerned; (B) the information relating to the gross violation of human rights by such unit; (C) the circumstances that necessitate such waiver; and (D) the cost, purpose, and duration of the training, equipment, or other assistance covered by such waiver. (g) Other assistance defined In this section, the term other assistance . (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 134 of such title is amended by inserting after the item relating to section 2245a the following new item: 2246. Limitation on use of funds for assistance for units of foreign security forces that have committed gross violations of human rights. . (b) Effective date The amendments made by subsection (a) shall take effect on October 1, 2014, and shall apply with respect to funds available to the Department of Defense for fiscal years beginning on or after that date. 1203. Codification and enhancement of authority to build the capacity of foreign security forces (a) Codification, extension, and enhancement of authority (1) In general Chapter 136 2282. Authority to build the capacity of foreign security forces (a) Authority The Secretary of Defense is authorized to conduct or support a program or programs as follows: (1) To build the capacity of a foreign country's national military forces in order for that country to— (A) conduct counterterrorism operations; or (B) participate in or support allied or coalition military or stability operations that benefit the national security interests of the United States. (2) To build the capacity of a foreign country's national maritime or border security forces to conduct counterterrorism operations. (3) To build the capacity of a foreign country's other security forces that have a counterterrorism mission in order for such forces to conduct counterterrorism operations. (b) Concurrence of Secretary of State The Secretary of Defense shall obtain the concurrence of the Secretary of State before conducting or supporting a program under subsection (a). (c) Types of capacity building (1) Authorized elements A program under subsection (a) may include the provision of equipment, supplies, training, defense services, and small-scale military construction. (2) Required elements A program under subsection (a) shall include elements that promote the following: (A) Observance of and respect for human rights and fundamental freedoms. (B) Respect for civilian control of the military. (d) Limitations (1) Annual funding limitation The Secretary of Defense may use up to $350,000,000 of funds available for operation and maintenance for any fiscal year to conduct or support activities under subsection (a) in that fiscal year. (2) Additional funding In addition to the amount available as specified in paragraph (1), up to $150,000,000 of funds available for operation and maintenance for any fiscal year may be used to conduct or support activities under subsection (a) in that fiscal year if transferred for such purposes in accordance with established procedures for reprogramming of funds under section 1001 of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, and successor provisions of law. (3) Assistance otherwise prohibited by law The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law. (4) Limitation on eligible countries The Secretary of Defense may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (5) Availability of funds for activities across fiscal years (A) In general Amounts available under this subsection for the authority in subsection (a) for a fiscal year may be used for programs under that authority that begin in such fiscal year but end in the next fiscal year. (B) Achievement of full operational capability If, in accordance with subparagraph (A), equipment is delivered under a program under the authority in subsection (a) in the fiscal year after the fiscal year in which the program begins, amounts for supplies, training, defense services, and small-scale military construction associated with such equipment and necessary to ensure that the recipient unit achieves full operational capability for such equipment may be used in the fiscal year in which the foreign country takes receipt of such equipment and in the next fiscal year. (6) Limitation on amount for building capacity to participate in allied or coalition military or stability operations Of the amounts available under this subsection for the authority in subsection (a) for a fiscal year, not more than $150,000,000 may be used in such fiscal year for purposes described in subsection (a)(1)(B). (7) Limitations on availability of funds for small-scale military construction (A) Activities under particular programs The amount that may be obligated or expended for small-scale military construction activities under any particular program authorized under subsection (a) may not exceed $750,000. (B) Activities under all programs The amount that may be obligated or expended for small-scale military construction activities during a fiscal year for all programs authorized under subsection (a) during that fiscal year may not exceed $25,000,000. (e) Formulation and execution of program The Secretary of Defense and the Secretary of State shall jointly formulate any program under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program under subsection (a). (f) Congressional notification (1) In general Not less than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notice of the following: (A) The country whose capacity to engage in activities in subsection (a) will be built under the program. (B) The budget, implementation timeline with milestones, anticipated delivery schedule for assistance, military department responsible for management and associated program executive office, and completion date for the program. (C) The source and planned expenditure of funds to complete the program. (D) A description of the arrangements, if any, for the sustainment of the program and the source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable. (E) A description of the program objectives and assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient unit. (F) Information, including the amount, type, and purpose, on the assistance provided the country during the three preceding fiscal years under each of the following programs, accounts, or activities: (i) A program under this section. (ii) The Foreign Military Financing program under the Arms Export Control Act. (iii) Peacekeeping Operations. (iv) The International Narcotics Control and Law Enforcement (INCLE) program under section 481 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291 (v) Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR). (vi) Counterdrug activities authorized by section 1004 of the National Defense Authorization Act for Fiscal Year 1991 ( 10 U.S.C. 374 (vii) Any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate. (2) Coordination with Secretary of State Any notice under paragraph (1) shall be prepared in coordination with the Secretary of State. (g) Assessments of programs Amounts available to conduct or support programs under subsection (a) shall be available to the Secretary of Defense to conduct assessments and determine the effectiveness of such programs in building the operational capacity and performance of the recipient units concerned. (h) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. . (2) Clerical amendment The table of sections at the beginning of chapter 136 of such title is amended by adding at the end the following new item: 2282. Authority to build the capacity of foreign security forces. . (b) Conforming amendments (1) Section 943(g)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 sections 1206 and 1207 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 section 2282 of title 10, United States Code, and section 1207 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 (2) Section 1209(b)(1)(A) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456) section 2282 of title 10, United States Code (c) Repeal of superseded authority Section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 (d) Annual Secretary of Defense reports (1) In general Not later than 90 days after the end of each of fiscal years 2015 through 2025, the Secretary of Defense shall submit to the appropriate committees of Congress a report summarizing the findings of the assessments of programs carried out under subsection (g) of section 2282 (2) Elements Each report under paragraph (1) shall include, for each program assessed under such subsection (g) during the fiscal year covered by such report, the following: (A) A description of the nature and the extent of the potential or actual terrorist threat, if any, that the program is intended to address. (B) A description of the program, including the objectives of the program, the types of recipient country units receiving assistance under the program, and the baseline operational capability and performance of the units receiving assistance under the program before the commencement of receipt of assistance under the program. (C) A description of the extent to which the program is implemented by United States Government personnel or contractors. (D) A description of the assessment framework to be used to develop capability and performance metrics associated with operational outcomes for units receiving assistance under the program. (E) An assessment of the program using the assessment framework described in subparagraph (D). (F) An assessment of the effectiveness of the program in achieving its intended purpose. (e) Annual Comptroller General of the United States audits (1) In general Not later than March 31 of each of 2015 through 2025, the Comptroller General of the United States shall submit to the appropriate committees of Congress an audit of such program or programs conducted or supported pursuant to section 2282 (2) Elements Each report shall include, for the program or programs covered by such report and the fiscal year covered by such report, the following: (A) A description of the program or programs, including— (i) the objectives of the program or programs; (ii) the types of units receiving assistance under the program or programs; (iii) the delivery and completion schedules for assistance under the program or programs; and (iv) the baseline operational capability and performance of the units receiving assistance under the program or programs before the commencement of receipt of assistance under the program or programs. (B) An assessment of the capacity of each recipient country to absorb assistance under the program or programs. (C) An assessment of the arrangements, if any, for the sustainment of the program or programs, including any source of funds to support sustainment of the capabilities and performance outcomes achieved under the program or program beyond completion date, if applicable. (D) A description of the extent to which the program or programs are implemented by United States Government personnel or contractors. (E) A description of the assessment framework to be used to develop capability and performance metrics associated with operational outcomes for units receiving assistance under the program or programs. (F) A description of the assessment of the program or programs using the assessment framework described in subparagraph (E). (G) An assessment of the effectiveness of the program or programs in achieving their intended purpose. (H) Such other matters as the Comptroller considers appropriate. (f) Appropriate committees of Congress defined In subsections (d) and (e), the term appropriate committees of Congress section 2282 1204. Training of security forces and associated ministries of foreign countries to promote respect for the rule of law and human rights (a) In general Chapter 136 2283. Training of security forces and associated ministries of foreign countries to promote respect for the rule of law and human rights (a) In general The Secretary of Defense is authorized to conduct human rights training of security forces and associated ministries of foreign countries. (b) Construction with limitation on use of funds Human rights training authorized by this section may be conducted for security forces otherwise prohibited from receiving such training under section 2242 of this title in accordance with the exception in subsection (b)(2)(B) of that section. (c) Secretary of State concurrence required Training activities may be conducted under this section only with the concurrence of the Secretary of State. (d) Authorized activities Human rights training authorized by this section may include associated activities and expenses necessary for the conduct of training and assessments designed to further the purposes of this section. (e) Human rights training defined In this section, the term human rights training (1) To enhance the rule of law and respect for human rights. (2) To develop respect for civilian control over the military. (3) To promote compliance with the law of armed conflict or the establishment of a military justice system. (4) To assist in the prohibition or prevention of the use of child soldiers. (5) To otherwise address and alleviate the factors contributing to a gross violation of human rights by the security forces of a foreign country. . (b) Clerical amendment The table of sections at the beginning of chapter 136 of such title, as so amended, is further amended by adding at the end the following new item: 2283. Training of security forces and associated ministries of foreign countries to promote respect for the rule of law and human rights. . 1205. Modification and extension of 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 ( 22 U.S.C. 2151 the provision of equipment, supplies, and training. (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 1206. Use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability (a) One-year extension Section 1202(e) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2413), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 909), is further amended by striking December 31, 2014 December 31, 2015 (b) Waiver of reimbursement in case of loss of equipment in combat (1) Authority To waive In the case of equipment loaned to the military forces of another nation under the authority of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as amended by subsection (a), that is damaged or destroyed as a result of combat operations during coalition operations while held by the forces to which loaned, the Secretary of Defense may, with respect to such equipment and without regard to the date of loan of such equipment under such authority, waive any applicable requirement under subchapter I of chapter 138 of title 10, United States Code, for— (A) reimbursement; (B) replacement-in-kind; or (C) exchange of supplies or services of an equal value. (2) Condition of waiver 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. (3) Case-by-case basis Any waiver under this subsection may be made only on a case-by-case basis. 1207. Cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations (a) Use of agreements for loan of equipment (1) In general Subchapter I of chapter 138 2342a. Cross-servicing agreements: use for loan of personnel protection and personnel survivability equipment in coalition operations (a) In general The Secretary of Defense may, with the concurrence of the Secretary of State, enter into an arrangement, under an agreement concluded pursuant to section 2342 of this title, under which the United States agrees to loan personnel protection and personnel survivability equipment for the use of such equipment by military forces of a nation participating with the United States in a coalition operation as part of a contingency operation or a peacekeeping operation under the Charter of the United Nations or another international agreement. (b) Limitations (1) Equipment may be loaned to the military forces of a nation under the authority of this section only upon a determination by the Secretary of Defense that the United States forces in the coalition operation concerned have no unfulfilled requirements for such equipment. (2) Equipment loaned to the military forces of a nation under the authority of this section may be used by those forces only for personnel protection or to aid in the personnel survivability of those forces and only in a coalition operation with the United States described in subsection (a). (3) Equipment loaned to the military forces of a nation under the authority of this section may be used by the military forces of that nation for the duration of that country’s participation in the coalition operation concerned. (c) Waiver of reimbursement in case of loss of equipment in combat (1) In the case of equipment loaned under the authority of this section that is damaged or destroyed as a result of combat operations during coalition operations while held by forces to which loaned under this section, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for— (A) reimbursement; (B) replacement-in-kind; or (C) exchange of supplies or services of an equal value. (2) 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. (3) Any waiver under this subsection may be made only on a case-by-case basis. (d) Reports to Congress If the authority provided under this section is exercised during a fiscal year, the Secretary of Defense shall, in coordination with the Secretary of State, submit to the appropriate committees of Congress a report on the exercise of such authority by not later than October 30 of the year in which such fiscal year ends. Each report on the exercise of such authority shall specify the recipient country of the equipment loaned, the type of equipment loaned, and the duration of the loan of such equipment. . (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 138 of such title is amended by inserting after the item relating to section 2342 the following new item: 2342a. Cross-servicing agreements: use for loan of personnel protection and personnel survivability equipment in coalition operations. . (b) Definitions Section 2350 of such title is amended by adding at end the following new paragraphs: (5) The term personnel protection and personnel survivability equipment 22 U.S.C. 2778(a)(1) (6) The term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. . 1208. Extension and modification of authority for support of special operations to combat terrorism (a) Amount available for support Subsection (a) of section 1208 of the Ronald W. Reagan National Defense Authorization Act of Fiscal Year 2005 ( Public Law 108–375 Public Law 112–81 $50,000,000 $60,000,000 (b) Extension Subsection (h) of such section 1208, as most recently amended by section 1203(c) of the National Defense Authorization Act of Fiscal Year 2012, is further amended by striking 2015 2016 1209. Assistance to foster a negotiated settlement to the conflict in Syria (a) Authority To provide assistance The Secretary of Defense is authorized to provide equipment, supplies, training, and defense services to assist vetted elements of the Syrian opposition for the purposes as follows: (1) Defending the Syrian people from attacks by the Syrian regime. (2) Protecting the United States, its friends and allies, and the Syrian people from the threats posed by terrorists in Syria. (3) Promoting the conditions for a negotiated settlement to end the conflict in Syria. (b) Vetted elements of the Syrian opposition For the purposes of this section, vetted elements of the Syrian opposition are units of the Free Syrian Army and the Supreme Military Council, and other Syrian forces, groups, or individuals opposed to the Syrian regime, who, after a review of information available to the United States Government are— (1) determined by the Secretary of Defense not to be organizations or persons that have been designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (2) assessed by the Secretary of Defense to be suitable recipients of United States support after conducting a review of available information that they are— (A) committed to rejecting terrorism, and cooperating with international counterterrorism and nonproliferation efforts; (B) opposed to sectarian violence and revenge killings; (C) committed to establishing a peaceful, pluralistic, and democratic Syria that respects the human rights and fundamental freedoms of all its citizens; and (D) committed to civilian rule, including subordinating the military to civilian authority, and the rule of law for Syria. (c) Assistance to third countries in provision of training and equipment The Secretary may provide assistance to third countries for purposes of the provision of training and equipment under subsection (a). (d) Concurrence of Secretary of State The Secretary of Defense shall obtain the concurrence of the Secretary of State before providing assistance pursuant to this section. (e) Authority To accept contributions The Secretary of Defense may accept contributions from foreign governments to provide assistance under this section. Any funds so accepted by the Secretary may be credited to the account from which funds are made available for the provision of such assistance, and may be used for such purpose until expended. (f) Notice to Congress on assistance The Secretary shall submit to the appropriate committees of Congress a detailed notice on the following: (1) Any assistance provided pursuant to this section. (2) Any contributions accepted by the Secretary pursuant to subsection (e). (g) Expiration The authority to provide assistance under this section shall terminate on December 31, 2018. (h) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. 1210. Limitations on security assistance for the Government of Burma (a) Limitation (1) In general Except as provided in paragraph (2), no amounts authorized to be appropriated or otherwise made available for fiscal year 2015 for the Department of Defense by this Act may be available for security assistance to the Government of Burma unless the Secretary of Defense, in consultation with the Secretary of State, certifies to the appropriate committees of Congress that— (A) the Government of Burma is taking steps toward— (i) establishing civilian oversight of the Burma military; (ii) implementing human rights reform in the Burma military; and (iii) terminating military relations with North Korea; (B) the Government of Burma is taking steps toward establishing a transparent and inclusive process to amend the constitution of Burma, including the full participation of the political opposition and all ethnic minority groups in that process; and (C) the Burma military is demonstrating— (i) progress toward and reasonable adherence to ceasefire agreements; and (ii) increased transparency and accountability through activities such as establishing or updating a code of conduct, a uniform code of military justice, an inspector general, an ombudsman, or guidelines for relations between the military and civilians. (2) Exceptions Paragraph (1) shall not apply to the use of funds with respect to human rights and disaster relief training as follows: (A) Consultation, education, and training on human rights, the law of armed conflict, civilian control of the military, rule of law, and other legal training. (B) English-language, disaster relief, or military medicine education. (C) Courses or workshops on regional norms of security cooperation, defense institution reform, and transnational issues such as human trafficking and international crime. (D) Observation of bilateral or multilateral military exercises on humanitarian assistance or disaster relief. (E) Training on humanitarian assistance and disaster relief for the Burma military. (F) Aid or support for the Government of Burma in the event of a humanitarian crisis or natural disaster. (b) Annual reports (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the appropriate committees of Congress a report on the strategy and plans for military-to-military engagement between the United States Armed Forces and the Burma military. (2) Elements Each report required under paragraph (1) shall include the following: (A) A description and assessment of the current strategy of the Government of Burma for reform of the security sector of Burma. (B) A description of the current United States strategy for the military-to-military relationship between the United States and Burma, and how military-to-military engagement supports the United States national security strategy for Burma. (C) A description and assessment of the record of the Burma military with respect to the implementation of human rights reforms, including— (i) cooperation with civilian authorities to investigate and resolve cases of human rights violations; and (ii) actions to demonstrate respect for law of war and human rights, including with respect to child soldiers. (D) A description of the elements of the current military-to-military engagement between the United States and Burma that promote the implementation of human rights reforms described in subparagraph (C). (E) A current list of ongoing military-to-military activities conducted between the United States and Burma, including a description of each such activity and an update of any such activities in prior years that are ongoing as of the date of such report. (F) A list of military-to-military activities between the United States and Burma that are planned to occur during the one-year period beginning on the date of such report, including a description of each such activity. (G) An assessment of current progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups in Burma. (3) Form Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 1211. Biennial report on programs carried out by the Department of Defense to provide training, equipment, or other assistance or reimbursement to foreign security forces (a) Biennial report required Not later than February 1 of each of 2016, 2018, and 2020, the Secretary of Defense shall, in coordination with the Secretary of State, submit to the congressional defense committees a report that sets forth, on a country-by-country basis, a description of each program carried out by the Department of Defense to provide training, equipment, or other security assistance or reimbursement during the two fiscal years ending in the year before the year in which such report is submitted under the authorities specified in subsection (c). (b) Elements of report Each report required under subsection (a) shall provide for each program covered by such report, and for the reporting period covered by such report, the following: (1) A description of the purpose and type of the training, equipment, or assistance or reimbursement provided. (2) The cost of such training, equipment, or assistance or reimbursement, including by type of support provided under such program. (c) Specified authorities The authorities specified in this subsection are the following: (1) Section 127d (2) Section 166a(b)(6) (3) Section 168 (A) to provide assistance to nations of the former Soviet Union as part of the Warsaw Initiative Fund; (B) to conduct the Defense Institution Reform Initiative; and (C) to conduct a program to increase defense institutional legal capacity through the Defense Institute of International Legal Studies. (4) Section 2010 (5) Section 2011 (6) Section 2249c (7) Section 2282 Public Law 109–163 (8) Section 2561 (9) Section 1523, relating to the Afghanistan Security Forces Fund. (10) Section 1205 of the National Defense Authorization Act for Fiscal Year 2014 ( 32 U.S.C. 107 (11) Section 1081 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 168 (12) Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 2151 (13) Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (14) Section 1234 of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 394), relating to authorization for logistical support for coalition forces supporting certain United States military operations. (15) Section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 (16) Section 1004 of the National Defense Authorization Act for Fiscal Year 1991 ( 10 U.S.C. 374 (17) Any other authority on assistance or reimbursement that the Secretary of Defense considers appropriate and consistent with subsection (a). (d) Nonduplication of effort If any information required under subsection (a) has been included in another report or notification previously submitted to Congress by law, the Secretary of Defense may provide a compilation of such reports and notifications at the time of submitting the report required by subsection (a) in lieu of including such information in the report required by subsection (a). (e) Form Each report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (f) Repeal of superseded requirement Section 1209 of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 368) is repealed. 1212. Sense of the Senate on multilateral humanitarian assistance and disaster relief exercises It is the sense of the Senate that— (1) humanitarian assistance and disaster relief multilateral exercises provide nations in the Asia-Pacific region with the training, capacity building, and coordination expertise necessary to respond to natural disasters that often cause serious damage and loss of human life, as seen recently with the devastation caused by the Haiyan typhoon in the Philippines; and (2) both the People’s Republic of China and Taiwan should be afforded the opportunity to participate in the humanitarian assistance and disaster relief portions of future multilateral exercises, such as Pacific Partnership, Pacific Angel, or the Rim of the Pacific (RIMPAC), to increase their capacity to effectively respond to these types of disasters. B Matters Relating to Afghanistan, Pakistan, and Iraq 1221. Commanders' Emergency Response Program in Afghanistan (a) One-year extension Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 Public Law 113–66 fiscal year 2014 fiscal year 2015 (b) Semi-annual reports Subsection (b) of such section, as so amended, is further amended— (1) in the subsection heading, by striking Quarterly Semi-annual (2) in paragraph (1)— (A) in the paragraph heading, by striking Quarterly Semi-annual (B) by striking fiscal year quarter half fiscal year (C) by striking that quarter that half fiscal year (c) Funds available during fiscal year 2015 Subsection (a) of such section, as so amended, is further amended by striking $60,000,000 $20,000,000 (d) Restriction on amount of payments Subsection (e) of such section is amended by striking $20,000,000 $2,000,000 (e) Notification on certain projects Subsection (g) of such section is amended— (1) in the matter preceding paragraph (1), by striking $5,000,000 $500,000 (2) in paragraph (1), by striking to advance the military campaign plan for Afghanistan to directly benefit the security or stability of the people of Afghanistan (3) in paragraph (3), by striking any agreement with either the Government of Afghanistan, any written agreement with either the Government of Afghanistan, an entity owned or controlled by the Government of Afghanistan, (f) Submittal of revised guidance Not later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a copy of the guidance issued by the Secretary to the Armed Forces concerning the Commanders' Emergency Response Program in Afghanistan as revised to take into account the amendments made by this section. 1222. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan (a) Extension Subsection (h) of section 1222 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 December 31, 2014 December 31, 2015 (b) Quarterly reports Subsection (f)(1) of such section is amended by striking March 31, 2015 March 31, 2016 (c) Excess defense articles Subsection (i)(2) of such section is amended by striking and 2014 , 2014, and 2015 1223. One-year extension of authority to use funds for reintegration activities in Afghanistan Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392), as most recently amended by section 1212 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 905), is further amended— (1) in subsection (a)— (A) by striking $25,000,000 $15,000,000 (B) by striking for fiscal year 2014 for fiscal year 2015 (2) in subsection (e), by striking December 31, 2014 December 31, 2015 1224. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations (a) Extension Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 Public Law 113–66 fiscal year 2014 fiscal year 2015 (b) Operations supported Such section, as so amended, is further amended— (1) in subsection (a)(1), by striking in Operation Enduring Freedom in Afghanistan (2) in subsection (b), by striking in Operation Enduring Freedom (c) Limitation on amounts available Subsection (d)(1) of such section, as so amended, is further amended— (1) in the second sentence, by striking during fiscal year 2014 may not exceed $1,500,000,000 during fiscal year 2015 may not exceed $1,200,000,000 (2) in the third sentence, by striking during fiscal year 2013 may not exceed $1,200,000,000 during fiscal year 2015 may not exceed $900,000,000 (d) Extension of notice requirement relating to reimbursement of Pakistan for support provided by Pakistan Section 1332(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1213(c) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 906), is further amended by striking September 30, 2014 September 30, 2015 (e) Extension of limitation on reimbursement of Pakistan pending certification on Pakistan Section 1227(d)(1) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 fiscal year 2014 fiscal year 2015 (f) Additional limitation on reimbursement of Pakistan pending certification on Pakistan Of the total amount of reimbursements and support authorized for Pakistan during fiscal year 2015 pursuant to the third sentence of section 1233(d)(1) of the National Defense Authorization Act for Fiscal Year 2008 (as amended by subsection (c)(2)), $300,000,000 shall not be eligible for the waiver under section 1227(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless the Secretary of Defense certifies that Pakistan has undertaken military operations in North Waziristan that have significantly disrupted the safe haven and freedom of movement of the Haqqani network in Pakistan. 1225. One-year extension of logistical support for coalition forces supporting certain United States military operations Section 1234 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394), as most recently amended by section 1217(a) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (1) in subsection (a), by striking fiscal year 2014 fiscal year 2015 (2) in subsection (d), by striking December 31, 2014 December 31, 2015 (3) in subsection (e)(1), by striking December 31, 2014 December 31, 2015 1226. Prohibition on use of funds for certain programs and projects of the Department of Defense in Afghanistan that cannot be safely accessed by United States Government personnel (a) Prohibition Amounts authorized to be appropriated by this Act for the Department of Defense may not be obligated or expended for a reconstruction or other infrastructure projects of the Department in Afghanistan if military or civilian personnel of the United States Government with authority to conduct oversight of such program or project cannot safely access such program or project. (b) Waiver (1) In general The prohibition in subsection (a) may be waived with respect to a program or project otherwise covered by that subsection if a determination described in paragraph (2) is made as follows: (A) In the case of a program or project with an estimated lifecycle cost of less than $1,000,000, by the contracting officer assigned to oversee the program or project. (B) In the case of a program or project with an estimated lifecycle cost of $1,000,000 or more, but less than $40,000,000, by the Commander of United States Forces-Afghanistan. (C) In the case of a program or project with an estimated lifecycle cost of $40,000,000 or more, by the Secretary of Defense. (2) Determination A determination described in this paragraph with respect to a program or project is a determination of each of the following: (A) That the program or project clearly contributes to United States national interests or strategic objectives. (B) That the Government of Afghanistan has requested or expressed a need for the program or project. (C) That the program or project has been coordinated with the Government of Afghanistan, and with any other implementing agencies or international donors. (D) That security conditions permit effective implementation and oversight of the program or project. (E) That the program or project includes safeguards to detect, deter, and mitigate corruption and waste, fraud, and abuse of funds. (F) That adequate arrangements have been made for the sustainment of the program or project following its completion, including arrangements with respect to funding and technical capacity for sustainment. (G) That meaningful metrics have been established to measure the progress and effectiveness of the program or project in meeting its objectives (3) Notice on certain waivers In the event a waiver is issued under paragraph (1) for a program or project described in subparagraph (C) of that paragraph, the Secretary of Defense shall notify Congress of the waiver not later than 15 days after the issuance of the waiver. 1227. Semiannual report on enhancing the strategic partnership between the United States and Afghanistan (a) Reports required (1) In general The Secretary of Defense shall, in consultation with the Secretary of State, submit to the appropriate committees of Congress on a semiannual basis a report on building and sustaining the Afghan National Security Forces (ANSF). (2) Submittal A report under paragraph (1) shall be submitted not later than April 30 each year, for the 6-month period ending on the preceding March 31, and not later than October 31 each year, for the 6-month period ending on the preceding September 30. No report is required to be submitted under paragraph (1) after the report required to be submitted on October 31, 2017. (3) Form Each report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Matters To be included Each report required under subsection (a) shall include the following: (1) Objectives of United States and NATO missions in Afghanistan after 2014 A statement of the objectives of any United States mission, and of any mission agreed by the North Atlantic Treaty Organization, to train, advise, and assist the Afghan National Security Forces after 2014. (2) Threat assessment An assessment of the current security conditions in Afghanistan and the security conditions anticipated in Afghanistan during the 24-month period beginning on the date of the submittal of such report. (3) Description of size and structure of ANSF A description of— (A) the size and force structure of the Afghan National Security Forces, including the Afghanistan National Army (ANA), the Afghanistan National Police (ANP), the Afghan Border Police, the Afghan Local Police, and such other major force components of the Afghan National Security Forces as the Secretary considers appropriate; (B) the rationale for any changes in the overall end strength or the mix of force structure for the Afghan National Security Forces during the period covered by such report; and (C) levels of recruitment, retention, and attrition within the Afghan National Security Forces, in the aggregate and by force component; and (D) personnel levels within the Afghanistan Ministry of Defense and the Afghanistan Ministry of Security. (4) Assessment of size, structure, and capabilities of ANSF An assessment whether the size, structure, and capabilities of the Afghan National Security Forces are sufficient to provide security with an acceptable level of risk in light of the current security conditions in Afghanistan and the security conditions anticipated in Afghanistan during the 24-month period beginning on the date of the submittal of such report. (5) Building key capabilities and enabling forces within ANSF (A) A description of programs to achieve key mission enabling capabilities within the Afghan National Security Forces, including any major milestones and timelines, and the end states intended to be achieved by such programs, including for the following: (i) Security institution capacity building. (ii) Special operations forces and their key enablers. (iii) Intelligence. (iv) Logistics. (v) Maintenance. (vi) Air forces. (B) Metrics for monitoring and evaluating the performance of such programs in achieving the intended outcomes of such programs. (6) Financing the ANSF A description of— (A) any plan agreed by the United States, the international community, and the Government of Afghanistan to fund and sustain the Afghan National Security Forces that serves as current guidance on such matters during the period covered by such report, including a description of whether such plan differs from— (i) in the case of the first report submitted under subsection (a), commitments undertaken at the 2012 NATO Summit in Chicago and the Tokyo Mutual Accountability Framework; or (ii) in the case of any other report submitted under subsection (a), such plan as set forth in the previous report submitted under subsection (a); (B) the Afghan Security Forces Fund financing plan through 2017; (C) contributions by the international community to sustaining the Afghan National Security Forces during the period covered by such report; (D) contributions by the Government of Afghanistan to sustaining the Afghan National Security Forces during the period covered by such report; and (E) efforts to ensure that the Government of Afghanistan can assume an increasing financial responsibility for sustaining the Afghan National Security Forces consistent with its commitments at the Chicago Summit and the Tokyo Mutual Accountability Framework. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (d) Repeal of superseded authority Section 1230 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 1228. Report on bilateral security cooperation with Pakistan (a) Report required Not later than 30 days after the date of the enactment of this Act and every six months thereafter, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the appropriate committees of Congress a report on the nature and extent of bilateral security cooperation between the United States and Pakistan. (b) Elements The report required under subsection (a) shall include, at a minimum, the following: (1) A description of any strategic security objectives that the United States and Pakistan have agreed to pursue in cooperation. (2) A description of programs or activities that the United States and Pakistan have jointly undertaken to pursue mutually agreed security cooperation objectives. (3) A description and assessment of the effectiveness of efforts by Pakistan, unilaterally or jointly with the United States, to disrupt operations and eliminate safe havens of al Qaeda, Tehrik-i-Taliban Pakistan, and other militant extremist groups such as the Haqqani Network and the Quetta Shura Taliban located in Pakistan. (4) A description and assessment of efforts by Pakistan, unilaterally or jointly with the United States, to counter the threat of improvised explosive devices and the networks involved in the acquisition, production, and delivery of such devices and their precursors and components. (5) An assessment of the effectiveness of any United States security assistance to Pakistan to achieve the strategic security objectives described in paragraph (1). (6) A description of any metrics used to assess the effectiveness of programs and activities described in paragraph (2). (7) An assessment of the cooperation of the Government of Pakistan in the search for Army Sergeant Bowe Bergdahl, who was captured on June 30, 2009, in Paktika Province in eastern Afghanistan, including an assessment of the degree to which the Government of Pakistan has provided the Department of Defense all requested information and intelligence relating to Sergeant Bergdahl, his captors, and his whereabouts that could assist in his recovery. The assessment should include a description of any unmet or partially met requests for information and intelligence to the extent practicable. (c) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Sunset The requirements in this section shall terminate on December 31, 2017. (e) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (f) Repeal of obsolete and superseded requirements Section 1232 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 1229. Surface clearance of unexploded ordnance on former United States training ranges in Afghanistan (a) Authority To conduct surface clearance Subject to subsection (b), the Secretary of Defense may, using funds specified in subsection (c), conduct surface clearance of unexploded ordnance at closed training ranges used by the Armed Forces of the United States in Afghanistan. (b) Conditions on authority (1) Limitation to ranges not transferred to Afghanistan The surface clearance of unexploded ordnance authorized under subsection (a) may only take place on training ranges managed and operated by the Armed Forces of the United States that have not been transferred to the Government of the Islamic Republic of Afghanistan for use by its armed forces. (2) Limitation on amounts available Funds expended for clearance pursuant to the authority in subsection (a) may not exceed $125,000,000 for each of fiscal years 2015 and 2016. (c) Funds The surface clearance of unexploded ordnance authorized by subsection (a) shall be paid for using amounts as follows: (1) For fiscal year 2015, amounts authorized to be appropriated by section 1502 and available for operation and maintenance for overseas contingency operations. (2) For fiscal year 2016, amounts authorized to be appropriated for fiscal year 2016 for the Department of Defense as additional authorizations of appropriations for overseas contingency operations and available for operation and maintenance for overseas contingency operations. (d) Unexploded ordnance defined In this section, the term unexploded ordnance section 101(e)(5) 1230. Afghan Special Immigrant Visa Program (a) Short title This section may be cited as the Afghan Allies Protection Extension Act (b) Extension and expansion Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 (1) in paragraph (2)(A)— (A) 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; or (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; ; (B) in clause (iii), by striking the United States Government an entity or organization described in clause (ii) (C) in clause (iv), by striking by the United States Government described in clause (ii) (2) in paragraph (3), by amending subparagraph (D) to read as follows: (D) Additional fiscal years For each of the fiscal years 2014 and 2015, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 4,000 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. . 1231. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq (a) Extension Subsection (f)(1) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 fiscal year 2014 fiscal year 2015 (b) Amount available Such section is further amended— (1) in subsection (c), by striking fiscal year 2014 may not exceed $209,000,000 fiscal year 2015 may not exceed $30,000,000 (2) in subsection (d), by striking fiscal year 2014 fiscal year 2015 C Reports 1241. Report on impact of end of major combat operations in Afghanistan on authority to use military force (a) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State and the Attorney General, submit to the appropriate committees of Congress a report setting forth an assessment of the impact, if any, of the end of major combat operations in Afghanistan on the authority of the Armed Forces of the United States to use military force, including the authority to detain, with regard to al Qaeda, the Taliban and associated forces pursuant to— (1) the Authorization for Use of Military Force ( Public Law 107–40 (2) any other available legal authority. (b) Form The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. 1242. United States strategy for enhancing security and stability in Europe (a) United States strategy (1) Report on strategy required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the appropriate committees of Congress a report on a strategy for enhancing security and stability in Europe. (2) Sense of Congress on strategy It is the sense of Congress that the United States strategy for enhancing security and stability in Europe should be guided by the following: (A) The United States reaffirms its commitment to the goal of a Europe that is whole, free, and secure. (B) The United States is unwavering in its commitment to its obligations under the North Atlantic Treaty, including the collective defense of allies under Article V. (C) Respect for the sovereignty and territorial integrity of the countries of Europe within internationally-recognized borders is fundamental to the security and stability of the region and the national security interests of the United States. (D) Overcoming the threat to security and stability produced by the actions of the Russian Federation in seizing and annexing territory of neighboring countries and ongoing violations of the sovereignty of those countries is critical to United States interests in regional stability. (b) United States and NATO force posture in Europe and contingency plans (1) Review The Secretary of Defense shall conduct a review of the force posture, readiness, and responsiveness of United States forces and the forces of other members of the North Atlantic Treaty Organization (NATO) in the area of responsibility of the United States European Command, and of contingency plans for such United States forces, with the objective of ensuring that the posture, readiness, and responsiveness of such forces are appropriate to meet the obligations of collective self-defense under Article V of the North Atlantic Treaty. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report setting forth the following: (A) A summary of the findings of the review conducted under paragraph (1). (B) A description of any initiatives or recommendations of the Secretary for enhancing the force posture, readiness, and responsiveness of United States forces in the area of responsibility of the United States European Command and contingency plans as a result of that review. (C) A description of any initiatives of other members of the North Atlantic Treaty Organization for enhancing the force posture, readiness, and responsiveness of their forces within the area of responsibility of the North Atlantic Treaty Organization. (c) Plan for enhancing reassurances to NATO allies (1) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the appropriate committees of Congress a report on a plan for reassuring Central European and Eastern European members of the North Atlantic Treaty Organization regarding the commitment of the United States and other members of the North Atlantic Treaty Organization to their obligations under the North Atlantic Treaty, including collective defense under Article V. (2) Elements The report under paragraph (1) shall include the following: (A) A description of measures to be undertaken by the United States to reassure members of the North Atlantic Treaty Organization regarding the commitment of the United States to its obligations under the North Atlantic Treaty. (B) A description of measures undertaken or to be undertaken by other members of the North Atlantic Treaty Organization to provide assurances of their commitment to meet their obligations under the North Atlantic Treaty. (C) A description of any planned measures to increase the presence of the Armed Forces of the United States and the forces of other members of the North Atlantic Treaty Organization, including on a rotational basis, on the territories of the Central European and Eastern European members of the North Atlantic Treaty Organization. (D) A description of the measures undertaken by the United States and other members of the North Atlantic Treaty Organization to enhance the capability of members of the North Atlantic Treaty Organization to respond to tactics like those used by the Russian Federation in Crimea and Eastern Ukraine or to assist members of the North Atlantic Treaty Organization in responding to such tactics. (d) Plan for enhancing United States security cooperation with NATO partners (1) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a plan for enhancing bilateral and multilateral security cooperation with appropriate countries participating in the North Atlantic Treaty Organization Partnership for Peace program. (2) Authorities for enhancing security cooperation For purposes of this subsection, the authorities for enhancing security cooperation with countries specified in paragraph (1) may include, but are not limited to, the following: (A) Section 168 (B) Section 2282 (C) Section 2283 (D) Section 1081 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 168 (E) Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 2151 (F) Any other authority available to the Secretary of Defense or Secretary of State appropriate for such purpose. (e) United States military-to-military relations with Russian Federation (1) Prohibition of use of funds for bilateral security cooperation activities None of the funds authorized to be appropriated by this Act may be used to conduct bilateral security cooperation activities between the military forces of the United States and the Russian Federation until the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that the armed forces of Russia have drawn down from areas adjacent to the border of Ukraine and ceased aggressive activities that threaten the security and territorial integrity of Ukraine and members of the North Atlantic Treaty Organization. (2) Nonapplicability The prohibition in paragraph (1) shall not apply to any activities necessary to ensure the compliance of the United States with its obligations under any bilateral or multilateral arms control or nonproliferation agreement or any other treaty obligation of the United States. (3) Waiver The Secretary of Defense may waive the applicability of the prohibition in paragraph (1) to the extent the Secretary determines that such waiver is necessary— (A) to provide logistical or other support to the conduct of United States or North Atlantic Treaty Organization military operations in Afghanistan or the withdrawal from Afghanistan; (B) to provide for the orderly and complete elimination of the Syrian chemical weapons program; (C) to provide support to international negotiations on the nuclear program of Iran, including implementation of the Joint Plan of Action and negotiation of a long-term comprehensive agreement; or (D) to meet other critical national security needs of the United States. (f) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 1243. Report on military and security developments involving the Russian Federation (a) Report Not later than June 1, 2015, the Secretary of Defense shall submit to the specified congressional committees a report on the security and military strategy of the Russian Federation. (b) Elements The report required under subsection (a) shall include the following elements: (1) The elements set forth in paragraphs (1) through (7) of section 1254(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (2) A description of Russian military spending and investment priorities and their alignment with security priorities and objectives described in paragraph (1) of such section, including the capabilities under development and acquisition timelines for Russia’s 5th generation fighter program. (3) A description of Russia's modernization program for its command, control, communications, computers, intelligence, surveillance, and reconnaissance and its applications for Russia's precision guided weapons. (4) A description of Russia’s current missile defense strategy and capabilities, including efforts to develop missile defense capabilities. (5) An assessment of the tactics, techniques, and procedures used by Russia in operations in Ukraine. (6) A description of Russia's asymmetric strategy and capabilities, including efforts to develop and deploy electronic warfare, space and counterspace, and cyberwarfare capabilities, including details on the number of malicious cyber incidents and associated activities against Department of Defense networks that are known or suspected to have been conducted or directed by the Government of the Russian Federation. (7) A description of Russia's nuclear strategy and associated doctrines, and nuclear capabilities, including the size and state of Russia's nuclear weapons stockpile, its nuclear weapons production capacities, and plans for developing its nuclear capabilities. (8) A description of changes to United States policy on military-to-military contacts with Russia resulting from Russia’s annexation of Crimea. (c) Nonduplication of efforts If any information required under subsection (b) has been included in another report or notification previously submitted to Congress as required by law, the Secretary of Defense may provide a compilation of such reports and notifications at the time of submitting the report required by subsection (a) in lieu of including such information. (d) Specified congressional committees defined In this section, the term specified congressional committees (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1244. Modification of matters for discussion in annual reports of United States-China Economic and Security Review Commission (a) Matters for discussion Section 1238(c)(2) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 22 U.S.C. 7002(c)(2) (A) The role of the People’s Republic of China in the proliferation of weapons of mass destruction and other weapons (including dual use technologies), including actions the United States might take to encourage the People’s Republic of China to cease such practices. (B) The qualitative and quantitative nature of the transfer of United States production activities to the People’s Republic of China, including the relocation of manufacturing, high technology and intellectual property, and research and development facilities, the impact of such transfers on the national security of the United States (including the dependence of the national security industrial base of the United States on imports from China), the economic security of the United States, and employment in the United States, and the adequacy of United States export control laws in relation to the People's Republic of China. (C) The effects of the need for energy and natural resources in the People’s Republic of China on the foreign and military policies of the People's Republic of China, the impact of the large and growing economy of the People’s Republic of China on world energy and natural resource supplies, prices, and the environment, and the role the United States can play (including through joint research and development efforts and technological assistance) in influencing the energy and natural resource policies of the People’s Republic of China. (D) Foreign investment by the United States in the People’s Republic of China and by the People’s Republic of China in the United States, including an assessment of its economic and security implications, the challenges to market access confronting potential United States investment in the People’s Republic of China, and foreign activities by financial institutions in the People's Republic of China. (E) The military plans, strategy and doctrine of the People’s Republic of China, the structure and organization of the People's Republic of China military, the decision-making process of the People's Republic of China military, the interaction between the civilian and military leadership in the People's Republic of China, the development and promotion process for leaders in the People's Republic of China military, deployments of the People's Republic of China military, resources available to the People's Republic of China military (including the development and execution of budgets and the allocation of funds), force modernization objectives and trends for the People's Republic of China military, and the implications of such objectives and trends for the national security of the United States. (F) The strategic economic and security implications of the cyber operations of the People’s Republic of China. (G) The national budget, fiscal policy, monetary policy, capital controls, and currency management practices of the People's Republic of China, their impact on internal stability in the People’s Republic of China, and their implications for the United States. (H) The drivers, nature, and implications of the growing economic, technological, political, cultural, people-to-people, and security relations of the People’s Republic of China’s with other countries, regions, and international and regional entities (including multilateral organizations), including the triangular relationship among the United States, Taiwan, and the People’s Republic of China. (I) The compliance of the People’s Republic of China with its commitments to the World Trade Organization, other multilateral commitments, bilateral agreements signed with the United States, commitments made to bilateral science and technology programs, and any other commitments and agreements strategic to the United States (including agreements on intellectual property rights and prison labor imports), and United States enforcement policies with respect to such agreements. (J) The implications of restrictions on speech and access to information in the People’s Republic of China for its relations with the United States in economic and security policy, as well as any potential impact of media control by the People's Republic of China on United States economic interests. (K) The safety of food, drug, and other products imported from China, the measures used by the People's Republic of China Government and the United States Government to monitor and enforce product safety, and the role the United States can play (including through technical assistance) to improve product safety in the People’s Republic of China. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to annual reports submitted under section 1238(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 after that date. 1245. Report on maritime security strategy and annual briefing on military to military engagement with the People’s Republic of China (a) Report required (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a report that outlines the strategy of the Department of Defense with regard to maritime security in the South China Sea and the East China Sea that seeks to balance the interests of the United States, the People's Republic of China, and other countries in the region. (2) Elements The report required by paragraph (1) shall outline the strategy described in that paragraph and include the following: (A) A description of any current or planned bilateral or regional maritime capacity building initiatives in the South China Sea and the East China Sea region. (B) An assessment of anti-access and area denial capabilities of the People's Republic of China in the region, including weapons and technologies, and their impact on United States maritime strategy in the region. (C) An assessment of how the actions of the People’s Republic of China in the South China Sea and the East China Sea have changed the status quo with regard to competing territorial and maritime claims in those seas. (D) A detailed analysis and assessment of the manner in which military to military engagements between the United States and the People's Republic of China facilitates a reduction in potential miscalculation and tension in the South China Sea and the East China Sea, including a specific description of the effect of such engagements on particular incidents or interactions involving the People's Republic of China in those seas. (E) A description of the naval modernization efforts of the People's Republic of China, including both defense and law enforcement capabilities and the implications of such efforts for United States maritime strategy in the region. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Briefings Not later than May 15 each year, the Secretary of Defense shall provide the congressional defense committees a briefing (in classified form, if appropriate) on the following: (1) An outline in detail of all of the planned and potential military to military engagements between the United States and the People's Republic of China during the fiscal year beginning in the year of such briefing, including the objectives of such engagements. (2) An assessment of the military to military engagements between the United States and the People's Republic of China during the fiscal year ending in the year preceding such briefing, and during the first fiscal half year of the fiscal year of such briefing, including an assessment of the success of such engagements in meeting the objectives of the Commander of the United States Pacific Command for such engagements. 1246. Report on military assistance to Ukraine (a) Report required Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall conduct an assessment and submit a report to the congressional defense committees related to military assistance to Ukraine. (b) Elements At a minimum, the report required under subsection (a) should provide a detailed explanation of the following matters: (1) Military equipment, supplies, and defense services, including type, quantity, and prioritization of such items, requested by the Government of Ukraine. (2) Military equipment, supplies, and defense services, including type, quantity, and actual or estimated delivery date, that the United States Government has provided, is currently providing, and plans to provide to the Government of Ukraine. (3) An assessment of what United States military assistance to the Government of Ukraine, including type and quantity, would most effectively improve the military readiness and capabilities of the Ukrainian military. (4) An assessment of the need for, appropriateness of, and force protection concerns of any United States military advisors that may be made available to the armed forces of Ukraine. (5) Military training requested by the Government of Ukraine. (6) Military training the United States Government has conducted with Ukraine in the previous six months. (7) Military training the United States Government plans to conduct with the Government of Ukraine in the next year. (c) Sunset The requirements in this section shall terminate on January 31, 2017. D Other Matters 1261. Treatment of Kurdistan Democratic Party and Patriotic Union of Kurdistan under the Immigration and Nationality Act (a) Exclusion of Kurdistan Democratic Party and Patriotic Union of Kurdistan from treatment as terrorist organizations The Secretary of State, in consultation with the Secretary of Homeland Security, or the Secretary of Homeland Security, in consultation with the Secretary of State, may exclude the Kurdistan Democratic Party and the Patriotic Union of Kurdistan from the definition of terrorist organization in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(III) (b) Relief for certain members of Kurdistan Democratic Party and Patriotic Union of Kurdistan regarding admissibility If the Secretary of State or the Secretary of Homeland Security uses the authority provided in subsection (a), such Secretary shall not apply paragraph (3)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C.1182(a)) to an alien with respect to activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kurdistan in opposition to the regime of the Arab Socialist Ba’ath Party and the autocratic dictatorship of Saddam Hussein in Iraq. (c) Prohibition on judicial review Notwithstanding any other provision of law (whether statutory or nonstatutory), section 242 of the Immigration and Nationality Act (8 U.S. C. 1252), sections 1361 and 1651 of title 28, United States Code, section 2241 of such title, and any other habeas corpus provision of law, no court shall have jurisdiction to review any determination made pursuant to subsection (a) or (b). 1262. Notification on potentially significant arms control noncompliance (a) Notice to President If the Secretary of Defense has substantial reason to believe that there is a potentially significant case of foreign noncompliance with an arms control treaty to which the United States is a party, the Secretary shall notify the President of such belief. (b) Notice to Congress Not later than 30 days after notifying the President of a belief under subsection (a), the Secretary shall submit to the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate a notice of the action taken to notify the President pursuant to that subsection. 1263. 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 involved in a military operation with the United States (B) 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 (A) The travel is in support of the national interests of the United States. (B) The commander of the combatant command concerned 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) Definition Subsection (d) of such section 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, 1264. 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) 1265. 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 (in this section referred to as the Academy (b) Purpose The purpose of the Academy shall be to provide 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. (c) Limitations (1) Concurrence of Secretary of State Military personnel of a country may be provided education and training under this section only with the concurrence of the Secretary of State. (2) Assistance otherwise prohibited by law Education and training may not be provided under this section to the military personnel of any country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (d) Supplies and clothing The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving education and training under this section the following: (1) Transportation incident to such education and training. (2) Supplies and equipment to be used during such education and training. (3) Billeting, food, and health services in connection with the receipt of such education and training. (e) Living allowance The Secretary of the Air Force may pay to a person receiving education and training under this section a living allowance at a rate to be prescribed by the Secretary, taking into account the rates of living allowances authorized for a member of the Armed Forces under similar circumstances. (f) Funding Amounts for the operations and maintenance of the Academy, and for the provision of education and training through the Academy, may be paid from funds available for the Air Force for operation and maintenance. (g) Annual reports (1) In general Not later than 60 days after the end of each fiscal year in which the Secretary of the Air Force operates the Academy pursuant to this section, the Secretary shall submit to the congressional defense committees a report on the operations of the Academy during such fiscal year. (2) Elements Each report under this subsection shall set forth, for the fiscal year covered by such report, the following: (A) A description of the operations of the Academy. (B) A summary of the number of individuals receiving education and training through the Academy, set forth by country of origin and education or training provided. (C) The amount paid by the Secretary for the operations and maintenance of the Academy. (D) The amounts paid by the Secretary under subsections (d) and (e) in connection with the provision of education and training through the Academy. (h) Expiration The authority in subsection (a) shall expire on September 30, 2017. 1266. Extension of limitations on providing certain missile defense information to the Russian Federation Section 1246(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (1) in paragraph (1), by striking 2016 2017 (2) in paragraph (2), by inserting or 2015 2014 1267. Prohibition on direct or indirect use of funds to enter into contracts or agreements with Rosoboronexport (a) Prohibition (1) In general The Department of Defense may not enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport or any subsidiary or affiliate of Rosoboronexport. (2) Termination of existing contracts and agreements The Secretary of Defense shall immediately terminate any contract, 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, certifies in writing to the congressional defense 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) Report on Rosoboronexport activities (1) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following: (A) A list of the known transfers of lethal military equipment by Rosoboronexport to the Government of the Syrian Arab Republic since March 15, 2011. (B) A list of the known contracts, if any, that Rosoboronexport has signed with the Government of the Syrian Arab Republic since March 15, 2011. (C) 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. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. XIII COOPERATIVE THREAT REDUCTION A Funding allocations 1301. Specification of Cooperative Threat Reduction funds (a) Fiscal year 2015 cooperative threat reduction funds defined As used in this subtitle, the term fiscal year 2015 Cooperative Threat Reduction funds (b) Availability of funds Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2015, 2016, and 2017. 1302. Funding allocations (a) Funding for specific purposes Of the $365,088,000 authorized to be appropriated to the Department of Defense for fiscal year 2015 in section 301 and made available by the funding table in section 4301 for the Department of Defense Cooperative Threat Reduction Program established under section 1321, the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $1,000,000. (2) For chemical weapons destruction, $15,720,000. (3) For global nuclear security, $20,703,000. (4) For cooperative biological engagement, $256,742,000. (5) For proliferation prevention, $40,704,000. (6) For threat reduction engagement, $2,375,000. (7) For activities designated as Other Assessments/Administrative Costs, $27,844,000. (b) Report on obligation or expenditure of funds for other purposes No fiscal year 2015 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (7) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2015 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law. (c) Limited authority to vary individual amounts (1) In general Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2015 for a purpose listed in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for that purpose. (2) Notice-and-wait required An obligation of funds for a purpose stated in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after— (A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and (B) 15 days have elapsed following the date of the notification. B Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program 1311. Short title This subtitle may be cited as the Department of Defense Cooperative Threat Reduction Act I Program authorities 1321. Authority to carry out the Department of Defense Cooperative Threat Reduction Program (a) Authority 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 Program, subject to subsection (f). (b) Concurrence of Secretary of State The authority under subsection (a) to carry out the Program is subject to any concurrence of the Secretary of State or other appropriate agency head required under section 1322 or 1323 (unless such concurrence is otherwise exempted by section 1352). (c) 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 a project or activity carried out under the Program. (d) 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. The Program may also involve the funding of critical short-term requirements related to weapons destruction. (e) 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). (f) 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. (g) 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 the Program, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation 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. 1322. 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 1321, 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 subsection (a)(6) of section 1321, as further described in subsection (f) of such section, concurrence of the Secretary of State is required only for participation by personnel from non-defense agencies. 1323. 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 provision of 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 time frame for such activities. (D) The expected costs of such activities. (c) Presidential determination and notice (1) Determination Amounts may be made available under subsection (a) 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 less than 15 days before 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 time frame for such activities. (D) The expected costs of such activities. 1324. 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 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 of Defense 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. 1325. 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. II Restrictions and limitations 1331. 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. 1332. 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) In general 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) Limitation 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 1333). (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. 1333. 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 III Recurring certifications and reports 1341. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities Not later than the first Monday in 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. 1342. 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 1343. (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) 1343. 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 section 1321(a)(6) 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. 1344. 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. IV Repeals and transition provisions 1351. Repeals The following provisions of law are repealed: (1) Sections 212, 221, 222, and 231 of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102–228; 22 U.S.C. 2551 (2) Sections 1412 and 1431 of the Former Soviet Union Demilitarization Act of 1992 (22 U.S.C. 5902 and 5921). (3) Sections 1203, 1204, 1206, and 1208 of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952, 5953, 5955, and 5957). (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) (A) Sections 1303 and 1304 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (B) Section 1306 of such Act (as enacted into law by Public Law 106–398 (C) Section 1308 of such Act (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 ( 22 U.S.C. 5960 (12) (A) Section 1303 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 22 U.S.C. 5952 (B) Sections 1304 and 1305 of such Act (22 U.S.C. 5964 and 5965). (C) Section 1306 of such Act ( Public Law 111–84 22 U.S.C. 5952 1352. Transition provisions (a) Determinations relating to certain proliferation threat reduction projects and activities 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 1322(a). (b) Determinations relating to urgent threat reduction activities 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) (c) Exception to requirement for certain determinations The requirement for a determination under section 1322(a) shall not apply to a state that was part of the former Soviet Union, but regular coordination practices shall apply. (d) Funds available for Cooperative Threat Reduction program Funds made available for Cooperative Threat Reduction programs pursuant to the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 Public Law 113–66 XIV Other Authorizations A Military Programs 1401. 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 working capital and revolving funds, as specified in the funding table in section 4501. 1402. 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, as specified in the funding table in section 4501. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1403. 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, as specified in the funding table in section 4501. 1404. 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, as specified in the funding table in section 4501. 1405. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2015 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries. B National Defense Stockpile and Related Matters 1411. Report on development of secure supply of rare earth materials (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the supply of rare earth materials extracted, processed, and refined from secure sources of supply to develop and produce advanced technologies in support of requirements of the Department of Defense. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the current capacity for extracting, processing, and refining rare earth materials from secure sources of supply in support of requirements of the Department of Defense. (2) An evaluation of the current global supply and demand for rare earth materials, prices for such materials, and trends and projections relating to such materials. (3) A description of any challenges relating to developing the capacity from secure sources of supply to extract, process, and refine rare earth materials in support of requirements of the Department of Defense, including challenges relating to ownership of intellectual property. (4) A description of any constraints faced by suppliers of rare earth materials for the Department of Defense in trying to meet the demand for such materials using foreign suppliers of such materials. (5) An assessment of the current role of the Department of Defense in the development of a secure supply chain for rare earth materials. (6) An assessment of the future plans and quantities for rare earth materials related to the National Defense Stockpile, including the potential role of the Federal Government in the development of secure sources of supply. C Other Matters 1421. Authority for transfer of funds to joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Federal Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 1405 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 1422. Comptroller General of the United States report on Captain James A. Lovell Federal Health Care Center, North Chicago, Illinois (a) Report required Not later than 120 days after the date of the submittal to Congress by the Secretary of Defense and the Secretary of Veterans Affairs of the evaluation report on the joint Department of Defense-Department of Veterans Affairs medical facility demonstration project known as the Captain James A. Lovell Federal Health Care Center, North Chicago, Illinois, that is required to be submitted in March 2016, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on that demonstration project. (b) Elements The report required by subsection (a) shall include an assessment by the Comptroller General of the following: (1) The evaluation measures, standards, and criteria used by the Department of Defense and the Department of Veterans Affairs to measure the overall effectiveness and success of the medical facility referred to in subsection (a). (2) The measurable effect, if any, on the missions of the Department of the Navy and the Department of Veterans Affairs of the provision of care in a joint facility such as the medical facility. (3) Such other matters with respect to the medical facility demonstration project described in subsection (a) as the Comptroller General considers appropriate. (c) Availability of certain documents Not later than 30 days after the date of the receipt from the contractor for the medical facility demonstration project described in subsection (a) of any documents created by the contractor for the evaluation of the demonstration project (including any evaluation plans, task summaries, in-process reviews, interim reports, and draft final report), the Secretary of Defense and the Secretary of Veterans Affairs shall make such documents available to the Comptroller General for purposes of the report required by subsection (a). (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. 1423. 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. 1424. Designation and responsibilities of Senior Medical Advisor for the 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 XV Authorization of Additional Appropriations for Overseas Contingency Operations A Authorization of Additional Appropriations 1501. Purpose The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2015 to provide additional funds for overseas contingency operations being carried out by the Armed Forces. 1502. Overseas contingency operations Funds are hereby authorized to be appropriated for fiscal year 2015 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. B Financial Matters 1511. Treatment as additional authorizations The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act. 1512. Special transfer authority (a) Authority To transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2015 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $4,000,000,000. (b) Terms and conditions Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001. (c) Additional authority The transfer authority provided by this section is in addition to the transfer authority provided under section 1001. C Limitations, Reports, and Other Matters 1521. Plan for transition of funding of United States Special Operations Command from supplemental funding for overseas contingency operations to recurring funding for future-years defense programs At the same time the budget of the President for fiscal year 2016 is submitted to Congress pursuant to section 1105 1522. Joint Improvised Explosive Device Defeat Fund (a) Use and transfer of funds Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (b) Scope of activities Subsection (b) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 is amended by inserting in connection with Operation Enduring Freedom and any successor operation to that operation (c) Termination of availability Notwithstanding any other provision of law, amounts in the Joint Improvised Explosive Device Defeat Fund may not be obligated or transferred under any authority in law after September 30, 2015. (d) Plan for elimination and consolidation of certain functions (1) Plan required The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a plan to eliminate (as appropriate) any non-enduring functions, associated capabilities, and funding, and to consolidate into an appropriate existing organization or organizations any enduring functions, associated capabilities, and funding, of the following organizations: (A) The Joint Improvised Explosive Device Defeat Organization (JIEDDO). (B) The Joint Rapid Acquisition Cell (JRAC). (C) The Warfighter Senior Integration Group (SIG). (D) The Intelligence, Surveillance, and Reconnaissance (ISR) Task Force. (E) The Afghanistan Resources Oversight Council (AROC). (F) Any other Department of Defense-wide or military department specific organizations, and associated capabilities and funding, carrying out comparable joint urgent operational needs (JUONs) or joint emergent operational needs (JEONs) efforts. (2) Consultation The Under Secretary of Defense for Acquisition, Technology, and Logistics shall prepare the plan required by paragraph (1) in coordination with the Secretaries of the military departments, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Under Secretary of Defense for Intelligence, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Special Operations Command, and the Director of Cost Assessment and Program Evaluation of the Department of Defense. (e) Extension of interdiction of improvised explosive device precursor chemicals authority Section 1532(c)(4) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2057), as amended by section 1532(c) of the National Defense Authorization Act For Fiscal Year 2014 (Public Law 113–66; 127 Stat. 939), is further amended by striking December 31, 2014 December 31, 2015 1523. Afghanistan Security Forces Fund (a) Continuation of prior authorities and notice and reporting requirements Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2015 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (b) Extension of authority on promotion of recruitment and retention of women Subsection (c)(1) of section 1531 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 fiscal year 2014 fiscal year 2015 (c) Extension of authority To accept certain equipment Subsection (d)(1) of such section 1531 (127 Stat. 938; 10 U.S.C. 2302 prior Acts Acts enacted before the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015 1524. Afghanistan Infrastructure Fund No amounts authorized to be appropriated by this Act may be available for, or used for purposes of, the Afghanistan Infrastructure Fund. 1525. Sense of Congress regarding counter-improvised explosive devices It is the sense of Congress that— (1) counter-improvised explosive device tactics, techniques, and procedures used in Iraq and Afghanistan have produced important lessons learned and enduring technology critical to mitigating the devastating effects of improvised explosive devices, which have been the leading cause of combat casualties; (2) without the preservation of knowledge about counter-improvised explosive devices, the United States Government could fail to take advantage of the lessons and investments of counter-improvised explosive device operations to enhance warfighter readiness; and (3) the Department of Defense should to the extent appropriate retain in the military departments a knowledge base relating to counter-improvised explosive device operations. XVI Strategic Programs, Cyber, and Intelligence Matters A Nuclear Forces 1601. Procurement authority for certain parts of intercontinental ballistic missile fuzes (a) In general The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts of the intercontinental ballistic missile fuze. (b) Availability of funds Notwithstanding section 1502(a) (c) Covered parts defined In this section, the term covered parts section 104 1602. Form of and cost estimates relating to annual reports on plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system Section 1043 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 Public Law 112–239 Public Law 113–66 (b) Estimate of costs by Congressional Budget Office In the case of a report required to be transmitted under subsection (a)(1) not later than 30 days after the submission to Congress of the budget of the President for an odd-numbered fiscal year, the Director of the Congressional Budget Office shall, not later than 120 days after the transmission of that report, submit to the congressional defense committees a report setting forth the following: (1) An estimate of the costs over the 10-year period beginning on the date of the report associated with fielding and maintaining the current nuclear weapons and nuclear weapon delivery systems of the United States. (2) An estimate of the costs over the 10-year period beginning on the date of the report of any life extension, modernization, or replacement of any current nuclear weapons or nuclear weapon delivery systems of the United States that is anticipated as of the date of the report. . 1603. Reports on installation of nuclear command, control, and communications systems at the United States Strategic Command headquarters (a) In general Not later than 30 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 (b) Elements The report required by subsection (a) shall address, with respect to the installation and operation of nuclear command, control, and communications systems associated with the construction of the United States Strategic Command headquarters, the following: (1) Milestones and costs associated with installation of communications systems. (2) Milestones and costs associated with integrating targeting and analysis planning tools. (3) An assessment of progress on the upgrade of systems that existed before the date of the enactment of this Act, such as the Strategic Automated Command and Control System and the MILSTAR satellite communications system, for compatibility with such nuclear command, control, and communications systems. (4) Such other information as the Commander of the United States Strategic Command considers necessary to assess adherence to overall cost, scope, and schedule milestones. (c) Termination The Commander of the United States Strategic Command shall not be required to submit a report under subsection (a) with the budget of the President for any fiscal year after the date on which the Commander certifies to the congressional defense committees that all milestones relating to the installation of nuclear command, control, and communications systems associated with the construction of the United States Strategic Command headquarters have been completed and such systems are fully operational. 1604. Reports on potential reductions to B61 life extension program (a) Report by Nuclear Weapons Council Not later than 7 days before any decision to reduce the number of final production units for the B61 life extension program below the total number of such units planned in the stockpile stewardship and management plan required by section 4203 of the Atomic Energy Defense Act ( 50 U.S.C. 2523 (1) A notification of the decision. (2) An explanation of the proposed changes to the life extension program. (3) A comprehensive discussion of the justification for those changes. (b) Report by Commander of United States Strategic Command Not later than 30 days after any decision described in subsection (a) with respect to the B61 life extension program, the Commander of the United States Strategic Command shall submit to the congressional defense committees a report that includes the following: (1) An assessment the changes, or proposed changes, to the life extension program. (2) A description of the risks associated with the decision. (3) An assessment of the impact of the decision on the ability of the United States Strategic Command to meet deterrence requirements. (c) Form of reports Each report required by this section shall be submitted in unclassified form, but may include a classified annex. 1605. Sense of Congress on deterrence and defense posture of the North Atlantic Treaty Organization It is the sense of Congress that the United States reaffirms and remains committed to the policies enumerated in the Deterrence and Defense Posture Review of the North Atlantic Treaty Organization, dated May 20, 2012, including the following statements: (1) The greatest responsibility of the Alliance is to protect and defend our territory and our populations against attack, as set out in Article 5 of the Washington Treaty. The Alliance does not consider any country to be its adversary. However, no one should doubt NATO’s resolve if the security of any of its members were to be threatened. NATO will ensure that it maintains the full range of capabilities necessary to deter and defend against any threat to the safety and security of our populations, wherever it should arise. Allies’ goal is to bolster deterrence as a core element of our collective defense and contribute to the indivisible security of the Alliance. (2) Nuclear weapons are a core component of NATO’s overall capabilities for deterrence and defense alongside conventional and missile defense forces. The review has shown that the Alliance’s nuclear force posture currently meets the criteria for an effective deterrence and defense posture. (3) The circumstances in which any use of nuclear weapons might have to be contemplated are extremely remote. As long as nuclear weapons exist, NATO will remain a nuclear alliance. The supreme guarantee of the security of the Allies is provided by the strategic nuclear forces of the Alliance, particularly those of the United States; the independent strategic forces of the United Kingdom and France, which have a deterrent role of their own, contribute to the overall deterrence and security of the Allies. (4) NATO must have the full range of capabilities necessary to deter and defend against threats to the safety of its populations and the security of its territory, which is the Alliance’s greatest responsibility. (5) NATO is committed to maintaining an appropriate mix of nuclear, conventional, and missile defense capabilities for deterrence and defense to fulfill its commitments as set out in the Strategic Concept. These capabilities, underpinned by NATO’s Integrated Command Structure, offer the strongest guarantee of the Alliance’s security and will ensure that it is able to respond to a variety of challenges and unpredictable contingencies in a highly complex and evolving international security environment. B Missile defense programs 1611. Homeland ballistic missile defense (a) Findings Congress makes the following findings: (1) The United States has deployed the Ground-based Midcourse Defense (GMD) system, with 30 Ground-Based Interceptors (GBIs) currently in Alaska and California, for defense of the United States homeland against the threat of limited ballistic missile attack from nations such as North Korea and Iran. (2) The system has experienced several flight test failures since 2010 involving the deployed Capability Enhancement-I and Capability Enhancement-II Exo-atmospheric Kill Vehicles (EKVs), and the Missile Defense Agency plans to conduct an intercept flight test in the summer of 2014 to demonstrate corrections to the kill vehicles. (3) The Department of Defense is taking, and planning to take, numerous actions to improve United States homeland ballistic missile defense capabilities over the next decade to keep pace with evolving ballistic missile threats, including the following key actions: (A) Deployment of 14 additional Ground-Based Interceptors in Alaska by the end of 2017. (B) Improvement of the sensor network that supports homeland ballistic missile defense, including deployment of a new Long-Range Discriminating Radar in Alaska. (C) Investment in improvements to the discrimination capabilities needed to improve the operational effectiveness and efficiency of the homeland ballistic missile defense system. (D) Re-design of the Exo-atmospheric Kill Vehicle to increase significantly its performance, reliability, cost-effectiveness, and affordability. (E) Design and development of a Next Generation Exo-atmospheric Kill Vehicle that will incorporate new technologies and the potential for defeating multiple threat objects with individual interceptors. (b) Sense of Congress It is the sense of Congress that— (1) it is a national priority to defend the United States homeland against the threat of limited ballistic missile attack from North Korea and Iran; (2) although the currently deployed Ground-based Midcourse Defense system provides protection of the entire United States homeland, including the East Coast, against the threat of limited ballistic missile attack from North Korea and Iran, this capability needs to be improved to meet evolving ballistic missile threats; (3) the initial step in this process of improvement is to correct the problems that caused the flight test failures with the current kill vehicles, and to improve the reliability of the deployed Ground-Based Interceptor fleet; (4) as indicated by senior Department of Defense officials, investments to enhance homeland defense sensor and discrimination capabilities are essential to improve the operational effectiveness and shot doctrine of the Ground-based Midcourse Defense system; (5) given limitations with the currently deployed Exo-atmospheric Kill Vehicles, it is important to re-design the Exo-atmospheric Kill Vehicle using a rigorous acquisition approach, including realistic testing, that can achieve a demonstrated capability as soon as practicable using sound acquisition principles and practices; and (6) in order to stay ahead of evolving ballistic missile threats, the Department should design the Next Generation Exo-atmospheric Kill Vehicle to take full advantage of improvements in sensors, discrimination, kill assessment, battle management, and command and control, including the potential to engage multiple objects. (c) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the status of current and planned efforts to improve the homeland ballistic missile defense capability of the United States. (2) Elements The report required under paragraph (1) shall include the following: (A) A description of the status of efforts to correct the problems that caused the flight test failures of the Capability Enhancement-I and Capability Enhancement-II Exo-atmospheric Kill Vehicles. (B) A description of the status of efforts to field the additional 14 Ground-Based Interceptors planned for deployment at Fort Greely, Alaska, including the status of the refurbishment of Missile Field 1 at Fort Greely, and the operational impact of the additional interceptors. (C) A description of the plans and progress toward improving the capability, reliability, and availability of fielded Ground-Based Interceptors, including progress toward improving the capabilities of Ground-Based Interceptors deployed with upgraded Capability Enhancement-I and Capability Enhancement-II Exo-atmospheric Kill Vehicles. (D) A description of the planned improvements to homeland ballistic missile defense sensor and discrimination capabilities, including an assessment of the expected operational benefits of such improvements to homeland ballistic missile defense. (E) A description of the plans and efforts to redesign, develop, test, and field the Exo-atmospheric Kill Vehicle for the Ground-based Midcourse Defense system, and an explanation of its expected improvements in capability, cost-effectiveness, reliability, maintainability, and producibility. (F) A description of the plans for developing, testing, and fielding the Next Generation Exo-atmospheric Kill Vehicle, and an explanation of how the anticipated capabilities are intended to help keep pace with evolving ballistic missile threats. (G) Any other matters the Secretary considers appropriate. (3) Form The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 1612. Regional ballistic missile defense (a) Sense of Congress It is the sense of Congress that— (1) the regional ballistic missile capabilities of countries such as Iran and North Korea pose a serious and growing threat to United States forward deployed forces, allies, and partner countries; (2) given this growing threat, it is a high priority for the United States to develop, test, and deploy effective regional missile defense capabilities to provide the commanders of the geographic combatant commands with capabilities to meet their operational requirements, and for United States allies and partners to improve their regional missile defense capabilities; (3) the United States and its North Atlantic Treaty Organization (NATO) partners should continue the development, testing, and implementation of Phases 2 and 3 of the European Phased Adaptive Approach, to defend United States forward deployed forces, allies, and partners in the North Atlantic Treaty Organization in Europe against the growing regional missile capability of Iran; (4) the United States should continue efforts to improve regional missile defense capabilities in the Middle East, including its close cooperation with Israel and its efforts with countries of the Gulf Cooperation Council, in order to improve regional security against the growing regional missile capabilities of Iran; and (5) the United States should continue to work closely with its allies in Asia, particularly Japan, South Korea, and Australia, to improve regional missile defense capabilities against the growing threat of North Korean ballistic missiles. (b) 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 status and progress of efforts to improve United States regional missile defense capabilities in Europe, the Middle East, and in the Asia-Pacific region, including efforts and cooperation by allies and partner countries. (c) Elements The report required in subsection (b) shall include the following: (1) A description of the status of implementation of the European Phased Adaptive Approach, including the status of efforts to develop, test, and deploy the capabilities planned for Phases 2 and 3 of the European Phased Adaptive Approach. (2) A description of the status of efforts to improve the regional missile defense capabilities of the United States and the Gulf Cooperation Council countries in the Middle East against regional missile threats from Iran, including progress toward, and benefits of, multilateral cooperation and data sharing among the Gulf Cooperation Council countries for multilateral integrated air and missile defense against threats from Iran. (3) A description of the progress of the United States and its allies in the Asia-Pacific region, particularly Japan, South Korea, and Australia, to improve regional missile defense capabilities against missile threats from North Korea. (4) A description of the degree of coordination among the commanders of the geographic combatant commands for integrated missile defense planning and operations, including obstacles and opportunities to improving such coordination and integrated capabilities. (5) A description of the phased and adaptive elements of United States regional missile defense approaches tailored to the specific regional requirements in the areas of responsibility of the United States Central Command and the United States Pacific Command, including the role of missile defense capabilities of United States allies and partners in each region. (6) A summary of the regional missile defense risk assessment and priorities of the commanders of the geographic combatant commands. (7) Such other matters as the Secretary considers appropriate. (d) Form The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 1613. Availability of funds for missile defense programs of Israel (a) In general Except as otherwise provided in this section, of the funds authorized to be appropriated for fiscal year 2015 by section 201 for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $350,900,000 may be provided to the Government of Israel to procure the Iron Dome short-range rocket defense system as specified in the funding table in section 4201, including for co-production of Iron Dome parts and components in the United States by United States industry. (b) Availability of amounts for higher priority missile defense programs If the Government of Israel determines that it is a higher priority for its national security, of the amount authorized under subsection (a), up to $175,000,000 may be used for the following cooperative missile defense programs: (1) The Arrow System Improvement Program. (2) The Arrow-3 Upper Tier interceptor development program. (3) The David’s Sling short-range ballistic missile defense system. (c) Conditions (1) Iron Dome Amounts authorized in subsection (a) to produce the Iron Dome short-range rocket defense program shall be available subject to the terms, conditions, and co-production targets specified for fiscal year 2015 in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, (2) Other missile defense programs If the Government of Israel decides to use amounts authorized in subsection (a) for the cooperative missile defense programs identified in subsection (b), amounts for such cooperative missile defense programs shall be subject to the terms and conditions of the joint United States-Israel Project Agreements governing the management and execution of these cooperative programs. 1614. Acquisition plan for re-designed Exo-atmospheric Kill Vehicle (a) Sense of congress It is the sense of Congress that— (1) the existing models of the Exo-atmospheric Kill Vehicle of the Ground-based Midcourse Defense system are prototype designs that were developed and deployed without robust and rigorous acquisition practices; (2) consequently, the deployed models of the Exo-atmospheric Kill Vehicle have experienced flight test failures since 2010, and have not demonstrated the degree of reliability, robustness, cost-effectiveness, or performance that are desirable; (3) the Exo-atmospheric Kill Vehicle for the Ground-based Midcourse Defense system needs to be re-designed to improve substantially its performance and reliability; and (4) in order to avoid repeating the problems with the designs of the Exo-atmospheric Kill Vehicle, the Department of Defense should follow a robust and rigorous acquisition plan for the design, development, and testing of the re-designed Exo-atmospheric Kill Vehicle. (b) Acquisition plan required The Secretary of Defense shall develop a robust acquisition plan for the re-design of the Exo-atmospheric Kill Vehicle of the Ground-based Midcourse Defense system that includes rigorous elements for system engineering, design, integration, development, testing, and evaluation. (c) Objectives The objectives of the acquisition plan required by subsection (b) shall be to ensure that the re-designed Exo-atmospheric Kill Vehicle is operationally effective, reliable, producible, cost-effective, maintainable, and testable. (d) Approval of acquisition plan required The acquisition plan required by subsection (b) shall be subject to approval by the Under Secretary of Defense for Acquisition, Technology, and Logistics. (e) Testing required Prior to operational deployment of the re-designed Exo-atmospheric Kill Vehicle, the Secretary shall ensure that it has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner and that it has the ability to accomplish its intended mission. (f) Report required Not later than 60 days after the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics approves of the acquisition plan under subsection (d), the Director of the Missile Defense Agency shall submit to the congressional defense committees a report describing the acquisition plan and the manner in which it will meet the objectives described in subsection (c). 1615. Testing and assessment of missile defense systems prior to production and deployment (a) Findings Congress makes the following findings: (1) The initial acquisition approach to the Ground-based Midcourse Defense system did not follow standard acquisition practices, including the fly before you buy (2) Consequently, the Ground-based Midcourse Defense system was deployed in 2004 without any intercept flight tests of the production interceptor and kill vehicle, and was fielded with a prototype experimental design kill vehicle that had not been fully engineered, developed, or tested. (3) In July 2013, the Ground-based Midcourse Defense system had a flight test failure with the initially-deployed Capability Enhancement-I Kill Vehicle because the kill vehicle failed to separate from the booster. (4) The upgraded Capability Enhancement-II Kill Vehicle was deployed starting in 2008, prior to any successful intercept flight tests, and it has not had any successful intercept flights test as of May 2014. (5) As a result of this highly concurrent acquisition approach, the Ground-based Midcourse Defense system has had a variety of kill vehicle problems that have caused several flight test failures since 2010, which have required more than $1,300,000,000 and four years of effort to correct. (b) Sense of Congress It is the sense of Congress that— (1) it is a high priority that United States ballistic missile defense systems should work in an operationally effective and cost-effective manner; (2) prior to making final production decisions for and prior to operational deployment of such systems, the United States should conduct operationally realistic intercept flight testing, which should create sufficiently challenging operational conditions to establish confidence that such systems will work in an operationally effective and cost-effective manner when needed; and (3) in order to achieve these objectives, and to avoid post-production and post-deployment problems like those encountered with the Ground-based Midcourse Defense system, it is essential for the Department of Defense to follow a fly before you buy (c) Successful testing required prior to final production or operational deployment Prior to making a final production decision for, and prior to the operational deployment of, a new or substantially upgraded interceptor or weapon system of the Ballistic Missile Defense System, the Secretary of Defense shall ensure that— (1) sufficient and operationally realistic testing of the system is conducted to assess the performance of the system in order to inform a final production decision or an operational deployment decision; and (2) the results of such testing have demonstrated a high probability that the interceptor or weapon system will work in an operationally effective manner and has the ability to accomplish its intended mission. (d) Director of Operational Test and Evaluation assessment Prior to any final production decision or operational deployment described in subsection (c), the Director of Operational Test and Evaluation shall— (1) provide to the Secretary the assessment of the Director, based on the available test data, of the sufficiency, adequacy, and results of the testing of such system, including an assessment of whether the system will be sufficiently effective, suitable, and survivable when needed; and (2) provide to the congressional defense committees a written summary of that assessment. C Space Activities 1621. Update of National Security Space Strategy to include space control and space superiority strategy (a) In general The Secretary of Defense shall, in consultation with the Director of National Intelligence, update the National Security Space Strategy developed pursuant to the Space Posture Review conducted under section 913 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4572) to include a strategy relating to space control and space superiority for the protection of national security space assets. (b) Elements The strategy relating to space control and space superiority required by subsection (a) shall address the following: (1) Threats to national security space assets. (2) Protection of national security space assets. (3) The role of offensive space operations. (4) Countering offensive space operations. (5) Operations to implement the strategy. (6) Projected resources required over the period covered by the current future-years defense program under section 221 (7) The development of an effective deterrence posture. (c) Consistency with Space Protection Strategy The Secretary shall, in consultation with the Director, ensure that the strategy relating to space control and space superiority required by subsection (a) is consistent with the Space Protection Strategy developed under section 911 of the National Defense Authorization Act for Fiscal Year 2008 ( 10 U.S.C. 2271 (d) Report (1) In general Not later than March 31, 2015, the Secretary shall, in consultation with the Director, submit a report on the strategy relating to space control and space superiority required by subsection (a) to— (A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Form of report The report required by paragraph (1) shall be submitted in classified form with an unclassified summary. 1622. Allocation of funds for the Space Security and Defense Program; report on space control (a) Allocation of funds Of the funds authorized to be appropriated by this Act or any other Act and made available for the Space Security and Defense Program (PE# 0603830F), a preponderance of such funds shall be allocated to the development of offensive space control and active defensive strategies. (b) Statement with respect to allocation The Secretary of Defense shall include, in the budget justification materials submitted to Congress in support of the budget of the Department of Defense for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a statement with respect to whether the budget of the Department allocates funds for the Space Security and Defense Program as required by subsection (a). (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains the following: (1) An updated integrated capabilities document for offensive space control. (2) A concept of operations for the defense of critical national security space assets in all orbital regimes. (3) An assessment of the effectiveness of existing deterrence strategies. 1623. Prohibition on contracting with Russian suppliers of critical space launch supplies for the Evolved Expendable Launch Vehicle program (a) In general The Secretary of Defense may not enter into or renew a contract, on or after the date of the enactment of this Act, for the procurement of property or services for space launch activities under the Evolved Expendable Launch Vehicle program from any person if that person purchases supplies critical for space launch activities covered by the contract from a Russian entity. (b) Waiver The Secretary may waive the prohibition under subsection (a) with respect to a contract for the procurement of property or services for space launch activities if the Secretary determines, and certifies to the congressional defense committees not later than 30 days before the waiver takes effect, that— (1) the waiver is necessary for the national security interests of the United States; and (2) the space launch services and capabilities covered by the contract could not be obtained at a fair and reasonable price without the purchase of supplies critical for space launch activities from a Russian entity. (c) Russian entity defined In this section, the term Russian entity 1624. Assessment of Evolved Expendable Launch Vehicle program Not later than March 31, 2015, the Comptroller General of the United States shall submit to the congressional defense committees a report on the Evolved Expendable Launch Vehicle program that includes an assessment of the advisability of the Secretary of Defense requiring, when selecting launch providers for the program using competitive procedures as described in section 2304 of title 10, United States Code, that new entrant launch providers or incumbent launch providers establish or maintain business systems that comply with the data requirements and cost accounting standards of the Department of Defense, including certified cost or price data. 1625. Report on reliance of Evolved Expendable Launch Vehicle program on foreign manufacturers Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the risks to the Evolved Expendable Launch Vehicle program of reliance on foreign manufacturers that includes the following: (1) An assessment of the degree to which the Air Force, through its contractors and subcontractors, relies on foreign manufacturers for supplies necessary for any qualified or certified provider of the Evolved Expendable Launch Vehicle. (2) An assessment of the extent to which such reliance subjects the Evolved Expendable Launch Vehicle program to— (A) supply chain disruption relating to geopolitical events or other reasons; (B) introduction of counterfeit parts; (C) limited price transparency; and (D) other areas of risk identified by the Comptroller General. (3) Recommendations for measures the Air Force could take to mitigate the risks to the Evolved Expendable Launch Vehicle program of reliance on foreign manufacturers and a cost-benefit analysis for each such recommendation. 1626. Availability of additional rocket cores pursuant to competitive procedures (a) In general Relative to the number of rocket cores for which space launch providers may submit bids or competitive proposals under competitive procedures pursuant to the fiscal year 2015 National Security Space Launch Procurement Forecast, the Secretary of Defense shall— (1) in fiscal year 2015, increase by one the number of such cores for which such providers may submit bids or competitive proposals; and (2) for fiscal years 2015 through 2017, increase by one (in addition to the core referred to in paragraph (1)) the number of such cores for which such providers may submit bids or competitive proposals, unless the Secretary— (A) determines that there is no practicable way to increase the number of such cores for which such providers may submit bids or competitive proposals and remain in compliance with the requirements of the firm fixed price contract for 36 rocket engine cores over the 5 fiscal years beginning with fiscal year 2013; and (B) not later than 45 days after making that determination, submits to the congressional defense committees— (i) a certification that there is no practicable way to increase the number of such cores for which such providers may submit bids or competitive proposals and remain in compliance with the requirements of the firm fixed price contract for 36 rocket engine cores over the 5 fiscal years beginning with fiscal year 2013; and (ii) a description of the basis for the determination. (b) Competitive procedures defined In this section, the term competitive procedures section 2304 1627. Competitive procedures required to launch payload for mission number five of the Operationally Responsive Space Program (a) In general Before entering into a contract for the launch of the payload for mission number five of the Operationally Responsive Space Program, the Secretary of the Air Force shall follow competitive procedures described in section 2304 (b) Waiver The Secretary may waive the requirement under subsection (a) if the Secretary— (1) determines that the waiver is necessary for the national security interests of the United States; and (2) not less than 15 days before waiving the requirement, submits a report to the congressional defense committees on the waiver. 1628. Limitation on funding for storage of Defense Meteorological Satellite Program satellites None of the funds authorized to be appropriated for fiscal year 2015 by this Act may be obligated or expended for the storage of a satellite of the Defense Meteorological Satellite Program unless the Secretary of Defense certifies to the congressional defense committees that— (1) the Department of Defense intends to launch the satellite; (2) sufficient funding is reflected in the current future-years defense program under section 221 of title 10, United States Code, to launch the satellite; and (3) storing the satellite until a launch in 2020 is the most cost-effective approach to meeting the requirements of the Department. 1629. Plan for development of liquid rocket engine for medium or heavy lift launch vehicle; transfer of certain funds (a) Plan required (1) In general The Secretary of Defense shall develop a plan for the production of a liquid rocket engine, by 2019, capable of supporting the requirements of the Department of Defense for a medium or heavy lift launch vehicle to support national security launch missions. (2) Competition The plan required by paragraph (1) shall provide for the use of competitive procedures in accordance with section 2304 (3) Submission to Congress Not later than September 30, 2014, the Secretary shall submit to the congressional defense committees the plan required by paragraph (1). (b) Transfer of certain fiscal year 2014 funds (1) In general To the extent provided in appropriations Acts, the Secretary of the Air Force may transfer from the funds described in paragraph (2), not more than $20,000,000 to other, higher priority programs of the Air Force if the Secretary determines there is an urgent need to do so. (2) Funds described The funds described in this paragraph are amounts authorized to be appropriated for fiscal year 2014 by section 201 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (3) Effect on authorization amounts A transfer made from one account to another under the authority of this subsection shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (4) Construction of authority The transfer authority under this subsection is in addition to any other transfer authority provided in this Act. 1630. Study of space situational awareness architecture (a) In general The Secretary of Defense shall direct the Defense Science Board to conduct a study of the effectiveness of the ground and space sensor system architecture for space situational awareness. (b) Elements The study required by subsection (a) shall include an assessment of the following: (1) Projected needs, based on current and future threats, for the ground and space sensor system during the five-, 10-, and 20-year periods beginning on the date of the enactment of this Act. (2) Capabilities of the ground and space sensor system to conduct defensive and offensive operations. (3) Integration of ground and space sensors with ground processing, control, and battle management systems. (4) Any other matters relating to space situational awareness the Secretary considers appropriate. (c) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (a). (2) Form of report The report required by paragraph (1) shall be submitted in classified form with an unclassified summary. 1631. Sense of the Senate on resolution limits on commercial space imagery (a) Findings Congress makes the following findings: (1) The Department of Defense and the security of the United States depend on the United States commercial space imaging industry for mapping, intelligence, battle damage assessment, coalition warfare, and humanitarian relief. (2) The Department of Defense could benefit from the relaxation of the current limits on the resolution of the imagery that the United States commercial space imaging industry is permitted to sell because the industry will respond to larger market opportunities by increasing the quantity of spacecraft and the quality and diversity of the imagery and imagery-derived products the industry provides. (3) The Department of Defense has a need to protect some places and events from the collection and sale of high-resolution imagery. That need could be met through existing licensing and contractual authorities that either permit the government to exercise direct control of specific collection tasking and image dissemination or to restrict collection. (4) Instead of using the approach described in paragraph (3), the United States commercial space imaging industry has been prohibited from selling imagery over the vast majority of the planet where there are no national security sensitivities. (5) Limits on the resolution of commercial space imaging have been relaxed somewhat in the past, but only when the United States commercial space imaging industry has faced competition from foreign providers of such imaging. (b) Sense of the Senate It is the sense of the Senate that— (1) the Secretary of Defense should support relaxation, as soon as practicable, of panchromatic, spectral, and infrared imagery resolution limits so that the United States commercial space imaging industry may promptly begin— (A) to attract investment in new satellite capabilities; (B) to design and build new satellites; and (C) to create new processing capabilities, business strategies, and marketing capacity; and (2) the Under Secretary of Defense for Policy should provide a recommendation to Congress by April 1, 2015, on the design and development of a flexible and dynamic capability to control the collection and sale of commercial space imagery to protect national security. D Cyber warfare, cyber security, and related matters 1641. Cyberspace mapping (a) Designation of network Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall designate a network or network segment within the Department of Defense for the purpose of carrying out the cyberspace mapping pilot approved by the Cyber Investment Management Board. (b) Recommendations Not later than 180 days after the date of the enactment of this Act, the Principal Cyber Advisor shall submit to the Secretary policy recommendations regarding the mapping of cyberspace to support the offensive and defensive operational requirements of the United States Cyber Command. 1642. Review of cross domain solution policy and requirement for cross domain solution strategy (a) Review of policy The Secretary of Defense shall review the policies and guidance of the Department of Defense concerning the procurement, approval, and use of cross domain solutions by the Department of Defense. (b) Strategy for cross domain solutions (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop a strategy for procurement, approval, and use of cross domain solutions by the Department. (2) Elements The strategy required by paragraph (1) shall include the following: (A) Identification and assessment of the current cross domain solutions in use throughout the Department of Defense, including the relative capabilities of such solutions and any gaps in current capabilities. (B) A determination of the requirements for cross domain solutions for enterprise applications as well as deployed warfighting operations, including operations with coalition partners. (C) A plan to enable verification of compliance with Department of Defense policies regarding the use of cross domain solutions. (D) A review of the current Department of Defense Information Assurance Certification and Accreditation Process for the applicability of such process to future virtualized cross domain technology. (E) A plan to meet the cross domain solution requirements for the Defense Intelligence Information Enterprise that must operate within the Joint Information Environment and the Intelligence Community Information Technology Environment. 1643. Budgeting and accounting for cyber mission forces (a) Budgeting For the budget submitted by the President to Congress pursuant to section 1105 (1) develop a major force program category for the five year defense plan of the Department of Defense for the training, arming, and equipping of the cyber mission forces; and (2) establish program elements for the cyber mission forces. (b) Assessment of transfer account for cyber activities (1) In general The Secretary shall assess the feasibility and advisability of establishing a transfer account to execute the funds contained in the major force program category required by subsection (a). (2) Report (A) In general Not later than April 1, 2015, the Secretary shall submit to the congressional defense committees a report on the assessment carried out under paragraph (1). (B) Contents The report required by subparagraph (A) shall include the following: (i) The findings of the Secretary with respect to the assessment carried out under paragraph (1). (ii) A recommendation as to whether a transfer account should be established as described in such paragraph. 1644. Requirement for strategy to develop and deploy decryption service for the Joint Information Environment (a) Strategy required The Secretary of Defense shall develop a strategy to develop and deploy a decryption service that enables the efficient decryption and re-encryption of encrypted communications within the Joint Information Environment and through the Internet access points of the Joint Information Environment in a manner that allows the Secretary to inspect the content of such communications to detect cyber threats and insider threat activity. (b) Elements The strategy required developed pursuant to subsection (a) shall include the following: (1) Requirements. (2) An estimate of the cost. (3) An assessment of the added security benefit. (4) An architecture. (5) A concept of operations. (c) Congressional briefing Not later than October 1, 2015, the Secretary shall brief the congressional defense committees and the congressional intelligence committees (as defined in section 4 of the National Security Act of 1947 ( 50 U.S.C. 3003 1645. Reporting on penetrations into networks and information systems of operationally critical contractors (a) Procedures for reporting penetrations (1) In general The Secretary of Defense shall establish procedures that require an operationally critical contractor to report to the component of the Department of Defense designated by the Secretary pursuant to subsection (d)(2)(A) when a network or information system of such operationally critical contractor is successfully penetrated by a known or suspected advanced persistent threat actor. (2) Advanced persistent threats For purposes of this section, advanced persistent threats shall consist of such threats as the Secretary shall specify for the procedures established under this subsection. (b) Procedure requirements (1) Designation and notification The procedures established pursuant to subsection (a) shall include a process for— (A) designating operationally critical contractors; and (B) notifying a contractor that it has been designated as an operationally critical contractor. (2) Rapid reporting The procedures established pursuant to subsection (a) shall require each operationally critical contractor to rapidly report to the component of the Department designated pursuant to subsection (d)(2)(A) on each successful penetration of any network or information systems of such contractor. Each such report shall include the following: (A) The technique or method used in such penetration. (B) A sample of any malicious software, if discovered and isolated by the contractor, involved in such penetration. (3) Department assistance and access to equipment and information by Department personnel The procedures established pursuant to subsection (a) shall include mechanisms for Department personnel to— (A) if requested, assist operationally critical contractors in detecting and mitigating penetrations; and (B) upon request, obtain access to equipment or information of an operationally critical contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor. (4) Protection of trade secrets and other information The procedures established pursuant to subsection (a) shall provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person. (5) Dissemination of information The procedures established pursuant to subsection (a) shall permit the dissemination of information obtained or derived through the procedures to agencies that conduct counterintelligence investigations for their use in such investigations. (c) Issuance of procedures The Secretary shall establish the procedures required by subsection (a) by not later than 90 days after the date of the enactment of this Act. The procedures shall take effect on the date of establishment. (d) Assessment of Department policies (1) In general Not later than 90 days after the date of the enactment of the Act, the Secretary shall complete an assessment of— (A) requirements that were in effect on the day before the date of the enactment of this Act for contractors to share information with Department components regarding successful penetrations into networks or information systems of contractors; and (B) Department policies and systems for sharing information on successful penetrations into networks or information systems of Department contractors. (2) Actions following assessment Upon completion of the assessment required by paragraph (1), the Secretary shall— (A) designate a single Department component to receive reports from Department contractors or other governmental agencies on successful penetrations into Department contractor networks or information systems; and (B) issue or revise guidance applicable to Department components that ensures the rapid sharing by the component designated pursuant to subparagraph (A) of information relating to successful penetrations into networks or information systems of contractors with other appropriate Department components. (e) Definitions In this section: (1) The term contingency operation section 101(a)(13) (2) The term operationally critical contractor 1646. Sense of Congress on the future of the Internet and the .MIL top-level domain It is the sense of Congress that the Secretary of Defense should— (1) advise the President to transfer the remaining role of the United States Government in the functions of the Internet Assigned Numbers Authority to a global multi-stakeholder community only if the President is confident that the .MIL (2) take all necessary steps to sustain the successful stewardship and good standing of the Internet root zone servers managed by components of the Department of Defense. E Intelligence-Related matters 1651. Extension of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities Section 431(a) December 31, 2015 December 31, 2017 1652. 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) of such title is amended by inserting or military operation intelligence activity (e) Limitations Section 435 of such title is amended— (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 of such title is amended, in subsections (a) and (b), by striking 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 of such title is amended to read as follows: 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 of such title is amended to read as follows: 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 of such title is amended to read as follows: 431. Authority to engage in commercial activities as security for intelligence collection activities and military operations. . 1653. Extension of authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad Section 926(b) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 (1) by striking September 30, 2015 September 30, 2017 (2) by striking fiscal year 2016 fiscal year 2018 1654. Personnel security and insider threat (a) Interim and objective automated records checks and continuous evaluation capability for personnel security (1) Interim system to continuously evaluate security status of covered personnel (A) Not later than September 30, 2015, the Secretary of Defense shall establish an interim system with the capability to continuously evaluate the security status of— (i) at a minimum, the priority population; and (ii) to the extent practicable, all covered personnel. (B) The Secretary shall ensure that the interim system established under subparagraph (A) serves as a means of developing requirements, lessons learned, business rules, privacy standards, and operational concepts applicable to the objective automated records checks and continuous evaluation capability required by the strategy developed under section 907(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66). (C) In this paragraph: (i) The term covered personnel (ii) The term priority population (2) Engineering to support automation-assisted insider threat analyses The Secretary shall ensure that the interim system established under paragraph (1)(A) and the objective automated records checks and continuous evaluation capability for initial investigations and reinvestigations required by the strategy developed under section 907(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (3) Competitive acquisition process The Secretary shall ensure that the objective continuous evaluation capability required by section 907(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) is— (A) acquired through competitive processes to exploit advanced commercial technology; and (B) designed as an open system to enable changing vendors and products as the commercial sector’s capabilities evolve. (b) Integrated, automation-assisted insider threat monitoring (1) Team to support Senior Agency Official with development of capability (A) The Secretary of Defense shall establish a team to provide assistance to the Under Secretary of Defense for Intelligence, as the Senior Agency Official in the Department of Defense for insider threat detection and prevention pursuant to Executive Order 13587, in developing an integrated, automation-assisted insider threat capability. (B) The Secretary shall ensure that the team established under subparagraph (A) is a multi-disciplinary management team composed of— (i) operational and technical experts in counterintelligence, personnel security, law enforcement, human resources, physical security, network monitoring, cybersecurity, and privacy and civil liberties from relevant components of the Department; and (ii) experts in information technology, large-scale data analysis, systems engineering, and program acquisition. (2) Designation of official to be responsible and accountable for developing capability The Secretary of Defense, acting through the Senior Agency Official, shall designate a senior official of the Department to be responsible and accountable for developing the integrated, automation-assisted insider threat capability referred to in paragraph (1). (3) Executive Committee to support Senior Agency Official The Secretary of Defense shall establish an executive committee to support the Senior Agency Official in developing the integrated, automation-assisted insider threat capability referred to in paragraph (1), which shall include the following: (A) The Under Secretary of Defense for Acquisition, Technology, and Logistics. (B) The Chief Information Officer of the Department of Defense. (C) The Under Secretary of Defense for Personnel and Readiness. (4) Plan required Not later than September 30, 2015, the Secretary, acting through the Senior Agency Official, shall develop a plan to develop the integrated, automation-assisted insider threat capability referred to in paragraph (1), including an acquisition strategy, cost estimate, architecture, concept of operation, milestones, and schedule. (c) Limitations The Secretary shall carry out this section— (1) subject to direction by the President and to the provisions of applicable statutes and Executive orders; and (2) consistently with direction from the Suitability and Security Clearance Performance Accountability Council and the authorities of the Suitability Executive Agent and of the Security Executive Agent established under Executive Order 13467 (73 Fed. Reg. 38103). 1655. Migration of Distributed Common Ground System of Department of the Army to an open system architecture (a) Migration required Not later than three years after the date of the enactment of this Act, the Secretary of the Army shall migrate the Distributed Common Ground System of the Department of the Army, including the Red Disk initiative under development at the Intelligence and Security Command, to an open system architecture to enable— (1) competitive acquisition of components, services, and applications for the Distributed Common Ground System; and (2) rapid competitive development and integration of new capabilities for the Distributed Common Ground System. (b) Compliance with open system architecture standards In carrying out the migration required by subsection (a), the Secretary shall ensure that the Distributed Common Ground System— (1) is in compliance with the open system architecture standards developed under the Defense Intelligence Information Enterprise by the Under Secretary of Defense for Intelligence; and (2) reuses services and components of the Defense Intelligence Information Enterprise. (c) Open system architecture defined In this section, the term open system architecture (1) employs a modular design and uses widely supported and consensus-based standards for key interfaces; (2) is subjected to successful validation and verification tests to ensure key interfaces comply with widely supported and consensus-based standards; and (3) uses a system architecture that allows components to be added, modified, replaced, removed, or supported by different vendors throughout the system's life-cycle in order to afford opportunities for enhanced competition and innovation while yielding— (A) significant cost and schedule savings; and (B) increased interoperability. XVII National Commission on the Future of the Army 1701. Short title This title may be cited as the National Commission on the Future of the Army Act of 2014 1702. Prohibition on use of fiscal year 2015 funds to reduce strengths of Army personnel Subject to an authorized reduction under section 691(e) (1) 490,000 for active duty personnel of the Army. (2) 350,200 for the Army National Guard. (3) 202,000 for the Army Reserve. 1703. 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, crew, or mechanics of AH–64 Apache aircraft on any other aircraft. (c) Exception Notwithstanding subsection (a), funds described in that subsection may be used for the transfer of not more than 48 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. 1704. National Commission on the Future of the Army (a) Establishment There is established the National Commission on the Future of the Army (in this title referred to as the Commission (b) Membership (1) Composition The Commission shall be composed of eight members, of whom— (A) four shall be appointed by the President; (B) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (C) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (D) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and (E) one 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 national and international security policy and strategy, military forces capability, force structure design, organization, and employment, and 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. 1705. 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 make an assessment of the size and force mixture of the active component of the Army and the reserve components of the Army; and (B) to make recommendations on the modifications, if any, of the structure of the Army that are necessary to fulfill current and anticipated mission requirements for the Army at acceptable levels of national risk and 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 cost-efficiency between the regular and reserve components of the Army, manages military risk, takes advantage of the strengths and capabilities of each, and considers fully burdened lifecycle costs; (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; (v) maintains a peacetime rotation force to avoid exceeding operational tempo goals of 1:2 for active members of the Army and 1:5 for members of the reserve components of the Army; and (vi) 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 as an operational reserve in order to maintain as much as possible the level of expertise and experience developed since September 11, 2001. (C) An identification and evaluation of the distribution of responsibility and authority for the allocation of Army National Guard personnel and force structure to the States and territories. (D) An identification and evaluation of the strategic basis or rationale, analytical methods, and decision-making processes for the allocation of Army National Guard personnel and force structure to the States and territories. (b) Study on transfer of certain aircraft (1) In general The Commission shall also conduct a study of a 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 factors specified in subsection (a)(2). (c) 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 studies required by subsections (a) and (b), together with its recommendations for such legislative and administrative actions as the Commission considers appropriate in light of the results of the studies. 1706. Powers of the Commission (a) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this title. (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 title. 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. 1707. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government may be compensated at a rate not to exceed the daily equivalent of the annual rate of $155,400 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. 1708. Termination of the Commission The Commission shall terminate 90 days after the date on which the Commission submits its report under section 1705(c). 1709. Funding Amounts authorized to be appropriated for fiscal year 2015 by section 301 and available for operation and maintenance for the Army as specified in the funding table in section 4301 may be available for the activities of the Commission under this title. 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(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount California Concord $15,200,000 Fort Irwin $45,000,000 Colorado Fort Carson $89,000,000 Hawaii Fort Shafter $311,400,000 Kentucky Blue Grass Army Depot $15,000,000 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(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation or Location Amount Cuba Guantanamo Bay $23,800,000 Japan Kadena Air Base $10,600,000 2102. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing State/Country Installation or Location Units Amount Illinois Rock Island 33 $19,500,000 Korea Camp Walker 90 $57,800,000 2103. Authorization of appropriations, Army (a) Authorization of appropriations 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 as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 (1) The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. (2) $225,000,000 (the balance of the amount authorized under section 2101(a) for a Command and Control Facility at Fort Shafter, Hawaii). (3) $6,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 (4) $78,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119), as amended by section 2105(d), for a Secure Administration/Operations Facility at Fort Belvoir, Virginia). 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 general 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) No change in scope The capital contribution under subsection (a) shall not be construed as 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. (d) Fort Belvoir The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 $94,000,000 $172,000,000 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) is as follows: Army: Extension of 2011 Project Authorizations State Installation or Location 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) is as follows: Army: Extension of 2012 Project Authorizations State Installation or Location Project Amount Georgia Fort Benning Land Acquisition $5,100,000 Fort Benning 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 Fort Bliss 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 2108. Limitation on construction of cadet barracks at United States Military Academy, New York No amounts may be obligated or expended for the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, as authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2109. Limitation on funding for family housing construction at Camp Walker, Republic of Korea (a) Limitation None of the funds authorized to be appropriated for fiscal year 2015 for construction of military family housing units at Camp Walker, Republic of Korea, may be obligated or expended until 30 days following the delivery of the report required under subsection (b). (b) Report required (1) In general Not later than March 1, 2015, the Secretary of the Army, in consultation with the Commander, U.S. Forces-Korea, shall submit to the congressional defense committees a report on future military family housing requirements in the Republic of Korea and potential courses of action for meeting those requirements. (2) Elements The report required under paragraph (1) shall, at a minimum— (A) identify the number of authorized Command Sponsored Families, by location, in the Republic of Korea; (B) validate that the number of authorized Command Sponsored Families identified pursuant to subparagraph (A) is necessary for operational effectiveness; (C) identify and validate each key and essential Command Sponsored Family billet requiring on-post housing in the Republic of Korea; (D) identify and validate the number of authorized Command Sponsored Families in excess of key and essential requiring on-post housing in the Republic of Korea; (E) identify the number and estimated cost of on-post family housing units required to support the validated requirements; (F) contain a plan for meeting the on-post family housing requirements in the Republic of Korea, including the source of funding; and (G) contain a prioritized list of planned military construction projects to be funded with Special Measures Agreement funds over the future-years defense plan, including a certification that each proposed project is a higher priority than family housing. 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(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Inside the United States State Installation or Location Amount 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 Camp Lejeune $50,706,000 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 $30,234,000 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(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Bahrain Island Southwest Asia $27,826,000 Djibouti Camp Lemonier $9,923,000 Guam Joint Region Marianas $50,651,000 Japan Iwakuni $6,415,000 Kadena Air Base $19,411,000 Marine Corps Air Station 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(a) and available for military family housing as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000. 2203. Improvements to military family housing units Subject to section 2825 2204. Authorization of appropriations, Navy (a) Authorization of appropriations 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 as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 (1) The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. (2) $90,112,000 (the balance of the amount authorized under section 2201(a) for a Center for Cyber Security Studies Building at Annapolis, Maryland). (3) $274,099,000 (the balance of the amount authorized under section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666) for an explosive handling wharf at Kitsap, Washington). (4) $68,196,000 (the balance of the amount authorized under section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2633) for ramp parking at Joint Region Marianas, Guam. 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 Authorization Country Installation or Location 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 Installation or Location Project Amount California Camp Pendleton North Area Waste Water Conveyance $78,271,000 Camp Pendleton 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 Kings Bay 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 2302(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Alaska Clear Air Force Station $11,500,000 Arizona Luke Air Force Base $26,800,000 Kansas McConnell Air Force Base $34,400,000 Massachusetts Hanscom Air Force Base $13,500,000 Nevada Nellis Air Force Base $53,900,000 New Jersey Joint Base McGuire-Dix-Lakehurst $5,900,000 Oklahoma Tinker Air Force Base $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 2302(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Guam Joint Region Marianas $47,800,000 United Kingdom Royal Air Force Croughton $92,223,000 2302. Authorization of appropriations, Air Force (a) Authorization of appropriations 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 as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 (1) The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. (2) $107,000,000 (the balance of the amount authorized under section 2301(a) of the Military Construction Act for Fiscal Year 2014 (division B of Public Law 113–66 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 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: Air Force: Extension of 2011 Project Authorization Country Installation or Project Amount Bahrain, Southwest Asia Shaikh Isa Air Base North Apron Expansion $45,000,000 2305. 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: Air Force: Extension of 2012 Project Authorizations State/Country Installation or Project Amount Alaska Eielson Air Force Base 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(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Arizona Fort Huachuca $1,871,000 California Camp Pendleton $11,841,000 Coronado $70,340,000 Lemoore $52,500,000 Colorado Peterson Air Force Base $15,200,000 CONUS Classified Classified Location $53,073,000 Georgia Hunter Army Airfield $7,692,000 Robins Air Force Base $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 Air National Guard Base $35,100,000 Nevada Fallon $20,241,000 New Mexico Cannon Air Force Base $23,333,000 North Carolina Camp Lejeune $52,748,000 Fort Bragg $93,136,000 Seymour Johnson Air Force Base $8,500,000 South Carolina Beaufort $40,600,000 South Dakota Ellsworth Air Force Base $8,000,000 Texas Joint Base San Antonio $38,300,000 Virginia Craney Island $36,500,000 Defense Distribution Depot Richmond $5,700,000 Fort Belvoir $7,239,000 Joint Base Langley-Eustis $41,200,000 Joint Expeditionary Base Little Creek-Story $39,558,000 Pentagon $15,100,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Australia Geraldton $9,600,000 Belgium Brussels $79,544,000 Cuba Guantanamo Bay $76,290,000 Japan Misawa Air Base $37,775,000 Okinawa $170,901,000 Sasebo $37,681,000 2402. Authorized energy conservation projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: Energy Conservation Projects: Inside the United States State Installation or Location Amount California Edwards $4,500,000 Fort Hunter Liggett $13,500,000 Vandenberg $2,965,000 Colorado Fort Carson $3,000,000 Florida Eglin $3,850,000 Georgia Moody $3,600,000 Hawaii Marine Corps Base Hawaii $8,460,000 Illinois Naval Station Great Lakes $2,190,000 Maine Portsmouth Naval Shipyard $2,740,000 Maryland Fort Detrick $2,100,000 Nebraska Offutt $2,869,000 North Carolina Fort Bragg $3,350,000 Oklahoma Tinker $4,609,000 Oregon Oregon National Guard $9,400,000 Utah Dugway Proving Ground $15,400,000 Virginia Naval Station Norfolk $11,360,000 Pentagon $2,120,000 Various Locations Various Locations $13,311,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 Energy Conservation Projects: Outside the United States Country Installation or Location Amount Diego Garcia Diego Garcia $14,620,000 Dijbouti Camp Lemonnier $4,766,000 Germany Spangdahlem $4,800,000 Japan Yokosuka $8,030,000 Various Locations Various Locations $8,661,000 2403. Authorization of appropriations, Defense Agencies (a) Authorization of appropriations 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) as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 (1) The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. (2) $79,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 (3) $141,039,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for a data center at Fort Meade, Maryland). (4) $50,500,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for an Ambulatory Care Center at Joint Base Andrews, Maryland). (5) $54,300,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for an Ambulatory Care Center at Joint Base San Antonio, Texas). (6) $656,168,000 (the balance of the amount authorized under section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673) for a hospital at the Rhine Ordnance Barracks, Germany). (7) $281,325,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2640) for a hospital at Fort Bliss, Texas). (8) $123,827,000 (the balance of the amount authorized as a Military Construction, Defense-Wide project by title X of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1888) for a data center at Camp Williams, Utah). 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 Authorization State 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/Country Installation or Project Amount California Coronado Special Operations Forces Support Activity Operations Facility $42,000,000 Germany Baumholder Wetzel-Smith Elementary School (Replacement) $59,419,000 Italy Vicenza Vicenza High School (Replacement) $41,864,000 Japan Yokota Air Base Yokota High School (Replace/Renovate) $49,606,000 Virginia Pentagon Reservation Heliport Control Tower and Fire Station $6,457,000 Pentagon Reservation Pentagon Memorial Pedestrian Plaza $2,285,000 B Chemical demilitarization authorizations 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction and land acquisition for chemical demilitarization, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under this section may not exceed the sum of the following: (1) The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. (2) $2,049,000 (the balance of the amount authorized under section 2412 for ammunition demilitarization at Blue Grass Army Depot, Kentucky). 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 (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 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, 2014, 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 $174,700,000. 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 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Location Amount Maine Augusta $32,000,000 Maryland Havre de Grace $12,400,000 Montana Helena $38,000,000 New Mexico Alamogordo $5,000,000 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 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Location Amount California Fresno $22,000,000 Riverside $25,000,000 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 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve Marine Corps Reserve State Location Amount Pennsylvania Pittsburgh $17,650,000 Washington Naval Station Everett $47,869,000 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 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Location Amount Arkansas Fort Smith Municipal Airport $13,200,000 Connecticut Bradley International Airport $16,306,000 Iowa Des Moines Municipal Airport $8,993,000 Michigan W.K. Kellog 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 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Location Amount Arizona Davis-Monthan Air Force Base $14,500,000 Georgia Robins Air Force Base $27,700,000 North Carolina Seymour Johnson Air Force Base $9,800,000 Texas Forth 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 B Other matters 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects (a) Kansas city (1) In general 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) Duration of authority Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Attleboro (1) In general 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) Duration of authority 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 Reserve Project Authorization State Location Project Amount Puerto Rico Camp Santiago Multi Purpose Machine Gun Range $9,200,000 XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 2702. Prohibition on conducting additional base realignment and closure (BRAC) round Nothing in this Act shall be construed to authorize an additional round of defense base closure and realignment. 2703. HUBZones (a) In general Section 3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended— (1) in item (aa), by striking or (2) by redesignating item (bb) as item (cc); and (3) by inserting after item (aa) the following: (bb) pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (3), that its principal office is located in a HUBZone described in paragraph (1)(E) (relating to base closure areas) (in this item referred to as the base closure HUBZone (AA) a HUBZone; (BB) the census tract in which the base closure HUBZone is wholly contained; (CC) a census tract the boundaries of which intersect the boundaries of the base closure HUBZone; or (DD) a census tract the boundaries of which are contiguous to a census tract described in subitem (BB) or (CC); or . (b) Period for base closure areas (1) Amendments (A) In general Section 152(a)(2) of title I of division K of the Consolidated Appropriations Act, 2005 ( 15 U.S.C. 632 5 years 8 years (B) Conforming amendment Section 1698(b)(2) of National Defense Authorization Act for Fiscal Year 2013 ( 15 U.S.C. 632 5 years 8 years (2) Effective date; applicability The amendments made by paragraph (1) shall— (A) take effect on the date of enactment of this Act; and (B) apply to— (i) a base closure area (as defined in section 3(p)(4)(D) of the Small Business Act (15 U.S.C. 632(p)(4)(D))) that, on the day before the date of enactment of this Act, is treated as a HUBZone described in section 3(p)(1)(E) of the Small Business Act ( 15 U.S.C. 632(p)(1)(E) (I) section 152(a)(2) of title I of division K of the Consolidated Appropriations Act, 2005 ( 15 U.S.C. 632 (II) section 1698(b)(2) of National Defense Authorization Act for Fiscal Year 2013 (15 U.S.C. 632 note); and (ii) a base closure area relating to the closure of a military instillation under the authority described in clauses (i) through (iv) of section 3(p)(4)(D) of the Small Business Act ( 15 U.S.C. 632(p)(4)(D) XXVIII Military Construction General Provisions A Military Construction Program and Military Family Housing Changes 2801. Clarification of authorized use of in-kind payments and in-kind contributions (a) In general Section 2687a(f) (1) in the subsection heading, by inserting in-kind contributions payments-in-kind (2) in paragraph (1), by striking a payment-in-kind contribution pursuant to payment-in-kind or as an in-kind contribution required by (3) in paragraph (2)— (A) by striking a payment-in-kind contribution payment-in-kind or an in-kind contribution required by a bilateral agreement with a host country (B) by inserting or contribution such payment (4) in paragraph (3)— (A) by striking , facility improvement, (B) by striking a payment-in-kind contribution payment-in-kind or by an in-kind contribution required by a bilateral agreement with a host country (5) in paragraph (4)— (A) by inserting or in-kind contribution toward operating costs does not apply to a military construction project (B) in subparagraph (C), by inserting is a military construction project that will cost less (b) Conforming amendment Section 2802(d)(1) payment-in-kind contributions payments-in-kind or in-kind contributions 2802. Residential building construction standards All residential buildings funded, planned, remodeled, or authorized by this Act that will be designed and constructed to meet an above code green building standard or rating system may use the ICC 700 National Green Building Standard, the LEED Green Building Standard System, or an equivalent protocol which has been developed using a voluntary consensus standard, as defined in Office of Management and Budget Circular Number A–119. 2803. Modification of minor military construction authority for projects to correct deficiencies that are life-, health-, or safety-threatening Section 2805(a)(2) $3,000,000 $4,000,000 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 Public Law 112–239 (1) in subsection (c)(1), by striking shall not exceed shall not exceed $100,000,000 between October 1, 2014, and the earlier of December 31, 2015, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2016. (2) in subsection (h)— (A) in paragraph (1), by striking December 31, 2014 December 31, 2015 (B) in paragraph (2), by striking fiscal year 2015 fiscal year 2016 2805. Limitation on construction projects in European Command area of responsibility (a) Limitation Except as provided in subjection (b), the Secretary of Defense or the Secretary of a military department may not award any contract in connection with a construction project authorized by this division to be carried out at an installation operated in the United States European Command area of responsibility until the Secretary of Defense certifies to the congressional defense committees that— (1) the installation and specific military construction requirement— (A) have been assessed as part of the basing assessment initiated by the Secretary of Defense on January 25, 2013 (known as the European Infrastructure Consolidation Assessment (B) have been determined, pursuant to such assessment, to be of an enduring nature; and (2) the specific military construction requirement most effectively meets combatant commander requirements at the authorized location. (b) Exceptions Subsection (a) does not apply with respect to a construction project that— (1) is authorized by law before the date of the enactment of this Act; (2) is funded through the North Atlantic Treaty Organization Security Investment Program or intended to specifically support the North Atlantic Treaty Organization; or (3) is carried out under the authority of, and subject to the limits specified in, section 2805 of title 10, United States Code. 2806. Limitation on construction of new facilities at Guantanamo Bay, Cuba (a) Limitation None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be used to construct new facilities at Guantanamo Bay, Cuba until the Secretary of Defense certifies to the congressional defense committees that any new construction of facilities at Guantanamo Bay, Cuba has enduring military value independent of a high value detention mission. (b) Rule of construction Nothing in subsection (a) shall be construed as limiting the ability of the Department of Defense to obligate or expend available funds to correct a deficiency that is life-threatening, health-threatening, or safety-threatening. B Real Property and Facilities Administration 2811. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions (a) Authority to credit reimbursed funds to accounts currently available Section 2695(c) (1) by inserting (1) Amounts collected (2) by striking shall be credited to the appropriation (A) the appropriation ; and (3) by striking were paid. Amounts so credited (B) an appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid. (2) Amounts so credited . (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. 2812. 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). . C Provisions Related to Asia-Pacific Military Realignment 2821. Realignment of Marines Corps forces in Asia-Pacific region (a) Restriction on use of funds Except as provided in subsection (b), none of the funds authorized to be appropriated under this Act, and none of the amounts provided by the Government of Japan for construction activities on land under the jurisdiction of the Department of Defense, may be obligated or expended to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until the Secretary of Defense submits to the congressional defense committees each of the following: (1) The report required by section 1068(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) Master plans for the construction of facilities and infrastructure to execute the Marine Corps distributed lay-down on Guam and Hawaii, including a detailed description of costs and the schedule for such construction. (3) A plan, coordinated by all pertinent Federal agencies, detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the nonmilitary utilities, facilities, and infrastructure, if any, on Guam affected by the realignment of forces. (b) Exceptions to restriction on use of funds Notwithstanding subsection (a), the Secretary of Defense may use funds described in such subsection for the following purposes: (1) To complete additional analysis or studies required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) To initiate planning and design of construction projects on Guam. (3) To carry out any military construction project for which an authorization of appropriations is provided in section 2204, as specified in the funding table in section 4601. (4) To carry out the Government of Japan-funded construction of a Driver Convoy Course and an Urban Combat Skills Training Course at Andersen Air Force Base, Guam. (c) Restriction on development of public infrastructure If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available in fiscal year 2014 under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding is specifically authorized by law. (d) Definitions In this section: (1) Distributed lay-down The term distributed laydown (2) Master plan The term master plan (3) Public infrastructure The term public infrastructure D Land Conveyances 2831. Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii (a) Conveyance authorized The Secretary of the Navy may convey, without consideration, to the Honolulu Authority for Rapid Transportation (in this section referred to as the Honolulu Authority (b) Condition on use of revenues If the property conveyed under subsection (a) is used, consistent with such subsection, for a public purpose that results in the generation of revenue for the Honolulu Authority, the Honolulu Authority shall agree that any revenue generated by the use of the property shall be only for passenger rail transit purposes by depositing the revenues in a fund designated for passenger rail transit use. (c) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require the Honolulu Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs, to carry out the conveyance under subsection (a). If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Honolulu Authority. (2) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (e) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2832. Land exchange, Arlington County, Virginia (a) Exchange authorized (1) In general The Secretary of Defense may convey— (A) to Arlington County, Virginia (in this section referred to as the County (B) to the Commonwealth of Virginia (referred to in this section as the Commonwealth (2) Phasing The conveyances authorized under this paragraph may be accomplished through a phasing of several exchanges, if necessary. (b) Consideration As consideration for the conveyances of real property under subsection (a), the Secretary of Defense shall receive— (1) from the County, all right, title, and interest of the County in and to one or more parcels of real property in the area known as the Southgate Road right-of-way, Columbia Pike right-of-way, and South Joyce Street right-of-way located in Arlington County, Virginia; and (2) from the Commonwealth, all right, title, and interest of the Commonwealth in and to one or more parcels of property in the area known as the Columbia Pike right-of-way, and the Washington Boulevard-Columbia Pike interchange. (c) Selection of property for conveyance The Memorandum of Understanding between the Department of the Army and Arlington County, signed in January 2013, shall be used as a guide in determining the properties to be exchanged. After consultation with the Commonwealth and the County, the Secretary shall determine the exact parcels to be exchanged and such determination shall be final. In selecting the properties to be exchanged under subsections (a) and (b), the parties shall, within their respective authorities, seek to— (1) remove existing barriers to contiguous expansion of Arlington National Cemetery north of Columbia Pike through a realignment of Southgate Road to the western boundary of the former Navy Annex site; (2) provide the County with sufficient property to construct a museum that honors the history of freedman’s village, as well as any other County or public use this is compatible with a location immediately adjacent to Arlington National Cemetery, one of our Nation’s most sacred shrines; and (3) support the realignment and straightening of Columbia Pike, a redesign of the Washington Boulevard-Columbia Pike interchange, and future improvements to the Interstate 395 ramps. (d) Description of property The exact acreage and legal description of the real property to be conveyed under this section shall be determined by surveys satisfactory to the Secretary, in consultation with the Commonwealth and the County. (e) Terms and conditions The conveyances of real property authorized under this section shall be accomplished by one or more exchange agreements upon terms and conditions mutually satisfactory to the Secretary, the Commonwealth, and the County. (f) Repeal of obsolete authority Section 2881 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2153) is hereby repealed. 2833. Transfers of administrative jurisdiction, Camp Frank D. Merrill and Lake Lanier, Georgia (a) Transfers required (1) Camp Frank D. Merrill Not later than September 30, 2015, the Secretary of Agriculture shall transfer to the administrative jurisdiction of the Secretary of the Army for required Army force protection measures certain Federal land administered as part of the Chattahoochee National Forest, but permitted to the Secretary of the Army for Camp Frank D. Merrill in Dahlonega, Georgia, consisting of approximately 282 acres identified in the permit numbers 0018–01. (2) Lake Lanier property In exchange for the land transferred under paragraph (1), the Secretary of the Army (acting through the Chief of Engineers) shall transfer to the administrative jurisdiction of the Secretary of Agriculture certain Federal land administered by the Army Corps of Engineers and consisting of approximately 10 acres adjacent to Lake Lanier at 372 Dunlap Landing Road, Gainesville, Georgia. (b) Use of transferred land (1) Camp Frank D. Merrill (A) In general On receipt of the land under subsection (a)(1), the Secretary of the Army shall— (i) continue to use the land for military purposes; (ii) maintain a public access road through the land or provide for alternative public access in coordination with the Secretary of Agriculture; and (iii) make accommodations for public access and enjoyment of the land, when such public use is consistent with Army mission and force protection requirements. (B) Return of jurisdiction The land transferred under subsection (a)(1) shall return to the jurisdiction of the Secretary of Agriculture, based on the best interests of the United States, if the Secretary of the Army determines that the transferred land is no longer needed for military purposes. (2) Lake Lanier property (A) In general On receipt of the land under subsection (a)(2), the Secretary of Agriculture shall use the land for administrative purposes. (B) Sale of land The Secretary of Agriculture may— (i) sell or exchange land transferred under subsection (a)(2); (ii) deposit the proceeds of a sale or exchange under clause (i) in the fund established under Public Law 90–171 (commonly known as the Sisk Act 16 U.S.C. 484a (iii) retain the proceeds for future acquisition of land within the Chattahoochee-Oconee National Forest, with the proceeds to remain available for expenditure without further appropriation or fiscal year limitation. (c) Use and occupancy of National Forest System Land Use and occupancy of National Forest System Land by the Department of the Army, other than land transferred pursuant to this Act, shall continue to be subject to all laws (including regulations) applicable to the National Forest System. (d) Endangered species (1) Critical habitat designation for darters Nothing in the transfer required by subsection (a)(1) shall affect the prior designation of land within the Chattahoochee National Forest as critical habitat for the Etowah darter (Etheostoma etowahae) and the Holiday darter (Etheostoma brevistrum). (2) Future critical habitat listings and designations Nothing in the transfer required by subsection (a)(1) shall affect the operation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (e) Legal description and map (1) Preparation and publication The Secretary of the Army and the Secretary of Agriculture shall publish in the Federal Register a legal description and map of both parcels of land to be transferred under subsection (a). (2) Force of law The legal description and map filed under paragraph (1) for a parcel of land shall have the same force and effect as if included in this Act, except that the Secretaries may correct errors in the legal description and map. (f) Reimbursement of costs The Secretary of the Army shall reimburse the Secretary of Agriculture for all costs related to the transfer required by subsection (a), including, at a minimum, any costs incurred by the Secretary of Agriculture to assist in the preparation of the legal description and maps required by subsection (e). 2834. Transfer of administrative jurisdiction, Camp Gruber, Oklahoma (a) Transfer authorized Upon a determination by the Secretary of the Army that the parcel of property at Camp Gruber, Oklahoma, conveyed by the war asset deed dated June 29, 1949, between the United States of America and the State of Oklahoma, or any portion there-of, is needed for national defense purposes, including military training, and that the transfer of the parcel is in the best interest of the Department of the Army, the Administrator of General Services shall execute the reversionary clause in the deed and immediately transfer administrative jurisdiction to the Department of the Army. (b) Description of property The exact acreage and legal description of any real property to be transferred under subsection (a) may be determined by a survey satisfactory to the Secretary of the Army. (c) Additional term and conditions The Secretary may require such additional terms and conditions in connection with a transfer under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. E Other Matters 2841. Establishment of memorial to the victims of the shooting at the Washington Navy Yard on September 16, 2013 (a) Memorial authorized The Secretary of the Navy may permit a third party to establish and maintain a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard that occurred on September 16, 2013. (b) Location of memorial The Secretary may permit the memorial authorized by subsection (a) to be established at the Washington Navy Yard. (c) Establishment of account An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (d). (d) 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). a (e) Deposit of contributions Without regard to the limitations set forth under section 2601(c)(2) (f) Use of federal funds prohibited Federal funds may not be used to design, procure, prepare, install, or maintain the memorial authorized by subsection (a). (g) Condition The memorial authorized by subsection (a) may not be established until the Secretary determines that an assured source of non-Federal funding has been established for the design, procurement, installation, and maintenance of the memorial in perpetuity. (h) Design of memorial The final design of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary. C DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS XXXI DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS A National security programs authorizations 3101. National Nuclear Security Administration (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 15–D–613, Emergency Operations Center, Y–12 National Security Complex, Oak Ridge, Tennessee, $2,000,000. Project 15–D–612, Emergency Operations Center, Lawrence Livermore National Laboratory, Livermore, California, $2,000,000. Project 15–D–611, Emergency Operations Center, Sandia National Laboratories, Albuquerque, New Mexico, $4,000,000. Project 15–D–302, TA–55 Reinvestment Project Phase III, Los Alamos National Laboratory, Los Alamos, New Mexico, $16,062,000. Project 15–D–301, High Explosive Science and Engineering Facility, Pantex Plant, Amarillo, Texas, $11,800,000. Project 15–D–904, Overpack Storage Expansion 3, Naval Reactors Facility, Idaho, $400,000. Project 15–D–903, Fire System Upgrade, Knolls Atomic Power Laboratory, Schenectady, New York, $600,000. Project 15–D–902, Engine Room Team Trainer Facility, Kesselring Site, West Milton, New York, $1,500,000. Project 15–D–901, Central Office and Prototype Staff Building, Kesselring Site, West Milton, New York, $24,000,000. 3102. Defense environmental cleanup (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 15–D–401, KW Basin Sludge Removal Project, Hanford, Washington, $26,290,000. Project 15–D–402, Saltstone Disposal Unit #6, Savannah River Site, Aiken, South Carolina, $34,642,000. Project 15–D–405, Sludge Processing Facility Build Out, Oak Ridge, Tennessee, $4,200,000. Project 15–D–406, Hexavalent Chromium Pump and Treatment Remedy Project, Los Alamos National Laboratory, Los Alamos, New Mexico, $28,600,000. Project 15–D–409, Low Activity Waste Pretreatment System, Hanford, Washington, $23,000,000. 3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2015 for other defense activities in carrying out programs as specified in the funding table in section 4701. B Program authorizations, restrictions, and limitations 3111. Life-cycle cost estimates of certain atomic energy defense capital assets (a) In general Subtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. 4714. Life-cycle cost estimates of certain atomic energy defense capital assets (a) In general The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3 (relating to program management and project management for the acquisition of capital assets) of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process. (b) Capital assets described A capital asset described in this subsection is an atomic energy defense capital asset— (1) the total project cost of which exceeds $100,000,000; and (2) the purpose of which is to perform a limited-life, single-purpose mission. (c) Independent defined For purposes of subsection (a), the term independent . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 4713 the following new item: Sec. 4714. Life-cycle cost estimates of certain atomic energy defense capital assets. . 3112. Expansion of requirement for independent cost estimates on life extension programs and new nuclear facilities Section 4217(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2537(b) (1) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; (2) by inserting before subparagraph (B), as redesignated by paragraph (1), the following new subparagraph (A): (A) Each nuclear weapon system undergoing life extension at the completion of phase 6.1, relating to concept assessment. ; and (3) in subparagraph (D), as redesignated by paragraph (1), by striking critical decision 2 critical decision 1 and before such facility achieves critical decision 2 3113. Implementation of Phase I of Uranium Capabilities Replacement Project Section 3123 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (d) Implementation of Phase I (1) In general Critical decision 3 in the acquisition process may not be approved for Phase I (subproject 06–D–141–04) until all processes (or substitute processes) that require Category I and II special nuclear material protection and are actively used to support the stockpile in building 9212— (A) are present in the facility to be built under Phase I with a technology readiness level of 7 or higher; or (B) can be accommodated in other facilities of the Y–12 National Security Complex with a technology readiness level of 7 or higher. (2) Technology readiness level defined In this subsection, the term technology readiness level . 3114. Establishment of the Advisory Board on Toxic Substances and Worker Health (a) Advisory Board on Toxic Substances and Worker Health Subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.) is amended by adding at the end the following: 3632. Advisory Board on Toxic Substances and Worker Health (a) Establishment (1) Not later than 120 days after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, the President shall establish and appoint an Advisory Board on Toxic Substances and Worker Health (in this section referred to as the Board (2) The President shall make appointments to the Board in consultation with organizations with expertise on worker health issues in order to ensure that the membership of the Board reflects a proper balance of perspectives from the scientific, medical, legal, worker, worker families, and worker advocate communities. (3) The President shall designate a Chair of the Board from among its members. (b) Duties The Board shall— (1) advise the President concerning the review and approval of the site exposure matrix of the Department of Labor; (2) conduct periodic peer reviews of, and approve, medical guidance for claims examiners for claims under subtitle E with respect to the weighing of the medical evidence of claimants; (3) obtain periodic expert review of evidentiary requirements for claims under this subtitle related to lung disease regardless of approval; (4) provide oversight of industrial hygienists and staff physicians and consulting physicians of the Department and their reports to ensure quality, objectivity, and consistency; and (5) coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health established under section 3624 to the extent necessary. (c) Staff and powers (1) The President shall appoint a staff to facilitate the work of the Board. The staff of the Board shall be headed by a Director who shall be appointed under subchapter VIII of chapter 33 (2) The President may authorize the detail of employees of Federal agencies to the Board as necessary to enable the Board to carry out its duties under this section. The detail of such personnel may be on a nonreimbursable basis. (3) The Board shall have same powers as the Advisory Board on Radiation and Worker Health established under section 3624. (4) The Secretary shall employ outside contractors and specialists selected by the Board to support the work of the Board. (d) Expenses Members of the Board, other than full-time employees of the United States, while attending meetings of the Board or while otherwise serving at the request of the President, and while serving away from their homes or regular place of business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence (as authorized by section 5703 (e) Security clearances (1) The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate. (2) The Secretary of Energy should, not later than 180 days after receiving a completed application for a security clearance for an individual under this subsection, make a determination of whether or not the individual is eligible for the clearance. (3) For fiscal year 2016 and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) (f) Information The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board, access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as Restricted Data (as defined in section 11 y. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(y) section 552a Privacy Act (g) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Treatment as discretionary spending Amounts appropriated to carry out this section— (A) shall not be appropriated to the account established under subsection (a) of section 151 of title I of division B of the Consolidated Appropriations Act, 2001 ( Public Law 106–554 (B) shall not be subject to subsection (b) of that section. (h) Sunset The Board shall terminate on the date that is 5 years after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015. . (b) Department of Labor response to the Office of the Ombudsman annual report; repeal of sunset date Section 3686 of such Act ( 42 U.S.C. 7385s–15 (1) in subsection (e)— (A) in paragraph (1), by striking February 15 July 30 (B) by adding at the end the following: (4) Not later than 180 days after the submission to Congress of the annual report under paragraph (1), the Secretary of Labor shall submit to Congress in writing, and post on the public Internet website of the Department of Labor, a response to the report that— (A) includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by the Ombudsman in the report; (B) if the Secretary agrees with the Ombudsman on those issues, describes the actions to be taken to correct those issue; and (C) if the Secretary does not agree with the Ombudsman on those issues, describes the reasons the Secretary does not agree. ; and (2) by striking subsection (h). (c) Offset The amount authorized to be appropriated for fiscal year 2015 by section 3103 for other defense activities and made available as specified in the funding table in section 4701 is hereby decreased by $2,000,000, with the amount of the decrease to be allocated as follows: (1) $1,000,000 from the amount available for environmental safety and health. (2) $1,000,000 from the amount available for the Office of Legacy Management. 3115. Comments of Administrator for Nuclear Security on reports of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise Not later than 90 days after receiving a report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise under paragraph (1) or (2) of section 3166(d) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 3116. Identification of amounts required for uranium technology sustainment in budget materials for fiscal year 2016 The Administrator for Nuclear Security shall include, in the budget justification materials submitted to Congress in support of the budget of the President for fiscal year 2016 (as submitted to Congress under section 1105(a) XXXII DEFENSE NUCLEAR FACILITIES SAFETY BOARD 3201. Authorization There are authorized to be appropriated for fiscal year 2015, $30,150,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. XXXV MARITIME ADMINISTRATION 3501. Maritime Administration Section 109 § 109. Maritime administration (a) Organization and mission The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. (b) Maritime administrator The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. (c) Deputy maritime administrator The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. (d) Duties and powers vested in secretary All duties and powers of the Maritime Administration are vested in the Secretary. (e) Regional offices The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. (f) Interagency and industry relations The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. (g) Detailing officers from armed forces To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the armed forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. (h) Contracts, cooperative agreements, and audits (1) Contracts and cooperative agreements In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) Audits The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. (i) Grant administrative expenses Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. (j) Authorization of appropriations (1) In general Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) Limitations Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration. (3) Training vessels Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies. . D Funding Tables 4001. Authorization of amounts in funding tables (a) In general Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and (2) comply with other applicable provisions of law. (c) Relationship to transfer and programming authority An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex This section applies to any classified annex that accompanies this Act. (e) Oral written communications No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section. XLI PROCUREMENT 4101. PROCUREMENT SEC. 4101. PROCUREMENT Line Item FY 2015 Senate AIRCRAFT PROCUREMENT, ARMY FIXED WING 2 UTILITY F/W AIRCRAFT 13,617 13,617 3 AERIAL COMMON SENSOR (ACS) (MIP) 185,090 185,090 4 MQ–1 UAV 190,581 190,581 5 RQ–11 (RAVEN) 3,964 3,964 ROTARY 6 HELICOPTER, LIGHT UTILITY (LUH) 416,617 612,617 Risk reduction for buy of LUH to meet Army training fleet plans [196,000] 7 AH–64 APACHE BLOCK IIIA REMAN 494,009 494,009 8 AH–64 APACHE BLOCK IIIA REMAN 157,338 157,338 12 UH–60 BLACKHAWK M MODEL (MYP) 1,237,001 1,382,001 Army unfunded priority only for Army National Guard [145,000] 13 UH–60 BLACKHAWK M MODEL (MYP) 132,138 132,138 14 CH–47 HELICOPTER 892,504 892,504 15 CH–47 HELICOPTER 102,361 102,361 MODIFICATION OF AIRCRAFT 16 MQ–1 PAYLOAD (MIP) 26,913 26,913 18 GUARDRAIL MODS (MIP) 14,182 14,182 19 MULTI SENSOR ABN RECON (MIP) 131,892 131,892 20 AH–64 MODS 181,869 181,869 21 CH–47 CARGO HELICOPTER MODS (MYP) 32,092 32,092 22 UTILITY/CARGO AIRPLANE MODS 15,029 15,029 23 UTILITY HELICOPTER MODS 76,515 76,515 25 NETWORK AND MISSION PLAN 114,182 114,182 26 COMMS, NAV SURVEILLANCE 115,795 115,795 27 GATM ROLLUP 54,277 54,277 28 RQ–7 UAV MODS 125,380 125,380 GROUND SUPPORT AVIONICS 29 AIRCRAFT SURVIVABILITY EQUIPMENT 66,450 74,250 At Army request transfer from APA 31 [7,800] 30 SURVIVABILITY CM 0 32,400 At Army request transfer from APA 31 [32,400] 31 CMWS 107,364 60,164 At Army request transfer to APA 29 and APA 30 [–47,200] OTHER SUPPORT 32 AVIONICS SUPPORT EQUIPMENT 6,847 6,847 33 COMMON GROUND EQUIPMENT 29,231 29,231 34 AIRCREW INTEGRATED SYSTEMS 48,081 48,081 35 AIR TRAFFIC CONTROL 127,232 127,232 36 INDUSTRIAL FACILITIES 1,203 1,203 37 LAUNCHER, 2.75 ROCKET 2,931 2,931 AIRCRAFT PROCUREMENT, ARMY TOTAL 5,102,685 5,436,685 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 2 LOWER TIER AIR AND MISSILE DEFENSE (AMD) 110,300 110,300 3 MSE MISSILE 384,605 384,605 AIR-TO-SURFACE MISSILE SYSTEM 4 HELLFIRE SYS SUMMARY 4,452 4,452 ANTI-TANK/ASSAULT MISSILE SYS 5 JAVELIN (AAWS-M) SYSTEM SUMMARY 77,668 77,668 6 TOW 2 SYSTEM SUMMARY 50,368 50,368 7 TOW 2 SYSTEM SUMMARY 19,984 19,984 8 GUIDED MLRS ROCKET (GMLRS) 127,145 127,145 9 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 21,274 21,274 MODIFICATIONS 12 PATRIOT MODS 131,838 131,838 13 STINGER MODS 1,355 1,355 14 AVENGER MODS 5,611 5,611 15 ITAS/TOW MODS 19,676 19,676 16 MLRS MODS 10,380 10,380 17 HIMARS MODIFICATIONS 6,008 6,008 SPARES AND REPAIR PARTS 18 SPARES AND REPAIR PARTS 36,930 36,930 SUPPORT EQUIPMENT & FACILITIES 19 AIR DEFENSE TARGETS 3,657 3,657 20 ITEMS LESS THAN $5.0M (MISSILES) 1,522 1,522 21 PRODUCTION BASE SUPPORT 4,710 4,710 MISSILE PROCUREMENT, ARMY TOTAL 1,017,483 1,017,483 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 1 STRYKER VEHICLE 385,110 385,110 MODIFICATION OF TRACKED COMBAT VEHICLES 2 STRYKER (MOD) 39,683 39,683 3 FIST VEHICLE (MOD) 26,759 26,759 4 BRADLEY PROGRAM (MOD) 107,506 144,506 Army unfunded priority and industrial base risk mitigation [37,000] 5 HOWITZER, MED SP FT 155MM M109A6 (MOD) 45,411 45,411 6 PALADIN INTEGRATED MANAGEMENT (PIM) 247,400 247,400 7 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 50,451 126,364 Army unfunded priority and industrial base risk mitigation [75,913] 8 ASSAULT BRIDGE (MOD) 2,473 2,473 9 ASSAULT BREACHER VEHICLE 36,583 36,583 10 M88 FOV MODS 1,975 1,975 11 JOINT ASSAULT BRIDGE 49,462 8,262 Early to need [–41,200] 12 M1 ABRAMS TANK (MOD) 237,023 261,023 Army unfunded priority and industrial base risk mitigation [24,000] 14 PRODUCTION BASE SUPPORT (TCV-WTCV) 6,478 6,478 WEAPONS & OTHER COMBAT VEHICLES 16 MORTAR SYSTEMS 5,012 5,012 17 XM320 GRENADE LAUNCHER MODULE (GLM) 28,390 28,390 18 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM 148 148 19 CARBINE 29,366 20,616 At Army request transfer to WTCV 31 and RDTEA 70 and 86 [–8,750] 21 COMMON REMOTELY OPERATED WEAPONS STATION 8,409 8,409 22 HANDGUN 3,957 3,957 MOD OF WEAPONS AND OTHER COMBAT VEH 24 M777 MODS 18,166 18,166 25 M4 CARBINE MODS 3,446 6,446 At Army request transfer from WTCV 19, 28, and 31 [3,000] 26 M2 50 CAL MACHINE GUN MODS 25,296 25,296 27 M249 SAW MACHINE GUN MODS 5,546 5,546 28 M240 MEDIUM MACHINE GUN MODS 4,635 2,635 At Army request transfer to WTCV 31 and RDTEA 70 and 86 [–2,000] 29 SNIPER RIFLES MODIFICATIONS 4,079 4,079 30 M119 MODIFICATIONS 72,718 72,718 31 M16 RIFLE MODS 1,952 0 At Army request transfer to WTCV 31 and RDTEA 70 and 86 [–1,952] 32 MORTAR MODIFICATION 8,903 8,903 33 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) 2,089 2,089 SUPPORT EQUIPMENT & FACILITIES 34 ITEMS LESS THAN $5.0M (WOCV-WTCV) 2,005 2,005 35 PRODUCTION BASE SUPPORT (WOCV-WTCV) 8,911 8,911 36 INDUSTRIAL PREPAREDNESS 414 414 37 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) 1,682 1,682 PROCUREMENT OF W&TCV, ARMY TOTAL 1,471,438 1,557,449 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 1 CTG, 5.56MM, ALL TYPES 34,943 34,943 2 CTG, 7.62MM, ALL TYPES 12,418 12,418 3 CTG, HANDGUN, ALL TYPES 9,655 8,155 Program decrease—ahead of need [–1,500] 4 CTG, .50 CAL, ALL TYPES 29,304 29,304 6 CTG, 25MM, ALL TYPES 8,181 8,181 7 CTG, 30MM, ALL TYPES 52,667 52,667 8 CTG, 40MM, ALL TYPES 40,904 39,004 Program decrease—ahead of need [–1,900] MORTAR AMMUNITION 9 60MM MORTAR, ALL TYPES 41,742 41,742 10 81MM MORTAR, ALL TYPES 42,433 42,433 11 120MM MORTAR, ALL TYPES 39,365 39,365 TANK AMMUNITION 12 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 101,900 101,900 ARTILLERY AMMUNITION 13 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 37,455 37,455 14 ARTILLERY PROJECTILE, 155MM, ALL TYPES 47,023 47,023 15 PROJ 155MM EXTENDED RANGE M982 35,672 35,672 16 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 94,010 79,010 Program decrease—PGK [–15,000] ROCKETS 19 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 945 945 20 ROCKET, HYDRA 70, ALL TYPES 27,286 27,286 OTHER AMMUNITION 21 DEMOLITION MUNITIONS, ALL TYPES 22,899 22,899 22 GRENADES, ALL TYPES 22,751 22,751 23 SIGNALS, ALL TYPES 7,082 7,082 24 SIMULATORS, ALL TYPES 11,638 11,638 MISCELLANEOUS 25 AMMO COMPONENTS, ALL TYPES 3,594 3,594 27 CAD/PAD ALL TYPES 5,430 5,430 28 ITEMS LESS THAN $5 MILLION (AMMO) 8,337 8,337 29 AMMUNITION PECULIAR EQUIPMENT 14,906 14,906 30 FIRST DESTINATION TRANSPORTATION (AMMO) 14,349 14,349 31 CLOSEOUT LIABILITIES 111 111 PRODUCTION BASE SUPPORT 32 PROVISION OF INDUSTRIAL FACILITIES 148,092 148,092 33 CONVENTIONAL MUNITIONS DEMILITARIZATION 113,881 113,881 34 ARMS INITIATIVE 2,504 2,504 PROCUREMENT OF AMMUNITION, ARMY TOTAL 1,031,477 1,013,077 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 1 TACTICAL TRAILERS/DOLLY SETS 7,987 7,987 2 SEMITRAILERS, FLATBED: 160 160 4 JOINT LIGHT TACTICAL VEHICLE 164,615 164,615 6 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 8,415 8,415 7 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 28,425 28,425 8 PLS ESP 89,263 89,263 13 TACTICAL WHEELED VEHICLE PROTECTION KITS 38,226 38,226 14 MODIFICATION OF IN SVC EQUIP 91,173 91,173 15 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS 14,731 14,731 NON-TACTICAL VEHICLES 16 HEAVY ARMORED SEDAN 175 175 17 PASSENGER CARRYING VEHICLES 1,338 1,338 18 NONTACTICAL VEHICLES, OTHER 11,101 11,101 COMM—JOINT COMMUNICATIONS 19 WIN-T—GROUND FORCES TACTICAL NETWORK 763,087 638,087 Point of Presence (POP) and Soldier Network Extension (SNE) delay [–125,000] 20 SIGNAL MODERNIZATION PROGRAM 21,157 21,157 21 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY 7,915 7,915 22 JCSE EQUIPMENT (USREDCOM) 5,440 5,440 COMM—SATELLITE COMMUNICATIONS 23 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 118,085 118,085 24 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 13,999 13,999 25 SHF TERM 6,494 6,494 26 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) 1,635 1,635 27 SMART-T (SPACE) 13,554 13,554 28 GLOBAL BRDCST SVC—GBS 18,899 18,899 29 MOD OF IN-SVC EQUIP (TAC SAT) 2,849 2,849 30 ENROUTE MISSION COMMAND (EMC) 100,000 100,000 COMM—COMBAT COMMUNICATIONS 33 JOINT TACTICAL RADIO SYSTEM 175,711 87,711 Under execution of prior years funds [–88,000] 34 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) 9,692 1,692 Under execution of prior years funds [–8,000] 35 RADIO TERMINAL SET, MIDS LVT(2) 17,136 17,136 37 AMC CRITICAL ITEMS—OPA2 22,099 22,099 38 TRACTOR DESK 3,724 3,724 39 SPIDER APLA REMOTE CONTROL UNIT 969 969 40 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS 294 294 41 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 24,354 24,354 42 UNIFIED COMMAND SUITE 17,445 17,445 43 RADIO, IMPROVED HF (COTS) FAMILY 1,028 1,028 44 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 22,614 22,614 COMM—INTELLIGENCE COMM 46 CI AUTOMATION ARCHITECTURE 1,519 1,519 47 ARMY CA/MISO GPF EQUIPMENT 12,478 12,478 INFORMATION SECURITY 50 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 2,113 2,113 51 COMMUNICATIONS SECURITY (COMSEC) 69,646 69,646 COMM—LONG HAUL COMMUNICATIONS 52 BASE SUPPORT COMMUNICATIONS 28,913 28,913 COMM—BASE COMMUNICATIONS 53 INFORMATION SYSTEMS 97,091 97,091 54 DEFENSE MESSAGE SYSTEM (DMS) 246 246 55 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 5,362 5,362 56 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 79,965 79,965 ELECT EQUIP—TACT INT REL ACT (TIARA) 60 JTT/CIBS-M 870 870 61 PROPHET GROUND 55,896 55,896 63 DCGS-A (MIP) 128,207 128,207 64 JOINT TACTICAL GROUND STATION (JTAGS) 5,286 5,286 65 TROJAN (MIP) 12,614 12,614 66 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) 3,901 3,901 67 CI HUMINT AUTO REPRTING AND COLL(CHARCS) 7,392 7,392 ELECT EQUIP—ELECTRONIC WARFARE (EW) 68 LIGHTWEIGHT COUNTER MORTAR RADAR 24,828 24,828 70 AIR VIGILANCE (AV) 7,000 7,000 72 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 1,285 1,285 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 75 SENTINEL MODS 44,305 44,305 76 NIGHT VISION DEVICES 160,901 160,901 78 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 18,520 18,520 80 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 68,296 68,296 81 FAMILY OF WEAPON SIGHTS (FWS) 49,205 37,205 Early to need [–12,000] 82 ARTILLERY ACCURACY EQUIP 4,896 4,896 83 PROFILER 3,115 3,115 84 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) 4,186 4,186 85 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 97,892 87,892 Under execution of prior years funds [–10,000] 86 JOINT EFFECTS TARGETING SYSTEM (JETS) 27,450 27,450 87 MOD OF IN-SVC EQUIP (LLDR) 14,085 14,085 88 MORTAR FIRE CONTROL SYSTEM 29,040 29,040 89 COUNTERFIRE RADARS 209,050 128,650 Excessive LRIP and concurrency [–80,400] ELECT EQUIP—TACTICAL C2 SYSTEMS 92 FIRE SUPPORT C2 FAMILY 13,823 13,823 95 AIR & MSL DEFENSE PLANNING & CONTROL SYS 27,374 27,374 97 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 2,508 2,508 99 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 21,524 21,524 100 MANEUVER CONTROL SYSTEM (MCS) 95,455 95,455 101 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 118,600 118,600 102 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP 32,970 32,970 104 RECONNAISSANCE AND SURVEYING INSTRUMENT SET 10,113 10,113 ELECT EQUIP—AUTOMATION 105 ARMY TRAINING MODERNIZATION 9,015 9,015 106 AUTOMATED DATA PROCESSING EQUIP 155,223 140,223 Reduce IT procurement [–15,000] 107 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 16,581 16,581 108 HIGH PERF COMPUTING MOD PGM (HPCMP) 65,252 65,252 110 RESERVE COMPONENT AUTOMATION SYS (RCAS) 17,631 17,631 ELECT EQUIP—AUDIO VISUAL SYS (A/V) 112 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) 5,437 5,437 ELECT EQUIP—SUPPORT 113 PRODUCTION BASE SUPPORT (C-E) 426 426 CLASSIFIED PROGRAMS 113A CLASSIFIED PROGRAMS 3,707 3,707 CHEMICAL DEFENSIVE EQUIPMENT 115 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) 937 937 116 BASE DEFENSE SYSTEMS (BDS) 1,930 1,930 117 CBRN DEFENSE 17,468 17,468 BRIDGING EQUIPMENT 119 TACTICAL BRIDGE, FLOAT-RIBBON 5,442 5,442 120 COMMON BRIDGE TRANSPORTER (CBT) RECAP 11,013 11,013 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 121 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) 37,649 37,649 122 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 18,545 18,545 123 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) 4,701 4,701 124 EOD ROBOTICS SYSTEMS RECAPITALIZATION 6,346 6,346 125 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) 15,856 15,856 126 REMOTE DEMOLITION SYSTEMS 4,485 4,485 127 Military Construction, Navy Arizona MC, Navy Yuma Aviation Maintenance and Support Complex 16,608 16,608 Bahrain Island MC, Navy Sw Asia P–8a Hangar 27,826 27,826 California MC, Navy Bridgeport E-Lmr Communications Towers 16,180 16,180 MC, Navy San Diego Steam Distribution System Decentralization 47,110 47,110 District of Columbia MC, Navy District of Columbia Electronics Science and Technology Laboratory 31,735 31,735 Djibouti MC, Navy Camp Lemonier, Djibouti Entry Control Point 9,923 9,923 Florida MC, Navy Jacksonville Mh60 Parking Apron 8,583 8,583 MC, Navy Jacksonville P–8a Runway Thresholds and Taxiways 21,652 21,652 MC, Navy Mayport Lcs Operational Training Facility 20,520 20,520 Guam MC, Navy Joint Region Marianas Gse Shops at North Ramp 21,880 21,880 MC, Navy Joint Region Marianas Mwss Facilities at North Ramp 28,771 28,771 Hawaii MC, Navy Kaneohe Bay Facility Modifications for Vmu, Mwsd, & Ch53e 51,182 51,182 MC, Navy Kaneohe Bay Road and Infrastructure Improvements 2,200 2,200 MC, Navy Pearl Harbor Submarine Maneuvering Room Trainer Facility 9,698 9,698 Japan MC, Navy Iwakuni Security Mods Dpri Mc167–T (Cvw–5 E2d Ea–18g) 6,415 6,415 MC, Navy Kadena Ab Aircraft Maint Hangar Alterations and Sap-F 19,411 19,411 MC, Navy MCAS Futenma Hangar & Rinse Facility Modernizations 4,639 4,639 MC, Navy Okinawa Lhd Practice Site Improvements 35,685 35,685 Maryland MC, Navy Annapolis Center for Cyber Security Studies Building 120,112 30,000 MC, Navy Indian Head Advanced Energetics Research Lab Complex Ph 2 15,346 15,346 MC, Navy Patuxent River Atlantic Test Range Facility 9,860 9,860 Nevada MC, Navy Fallon Air Wing Training Facility 27,763 27,763 MC, Navy Fallon Facility Alteration for F–35 Training Mission 3,499 3,499 North Carolina MC, Navy Camp Lejeune 2nd Radio Bn Complex, Phase I 0 50,706 MC, Navy Cherry Point MCAS Water Treatment Plant Replacement 41,588 41,588 Pennsylvania MC, Navy Philadelphia Ohio Replacement Power & Propulsion Facility 23,985 23,985 South Carolina MC, Navy Charleston Nuclear Power Operational Support Facility 35,716 35,716 Spain MC, Navy Rota Ship Berthing Power Upgrades 20,233 20,233 Virginia MC, Navy Dahlgren Missile Support Facility 27,313 27,313 MC, Navy Norfolk EOD Consolidated Ops & Logistics Facilities 39,274 39,274 MC, Navy Portsmouth Submarine Maintenance Facility 9,743 9,743 MC, Navy Quantico Ammunition Supply Point Expansion 12,613 12,613 MC, Navy Yorktown Bachelor Enlisted Quarters 19,152 19,152 MC, Navy Yorktown Fast Company Training Facility 7,836 7,836 Washington MC, Navy Bremerton Integrated Water Treatment Syst. Dd 1, 2, & 5 16,401 16,401 MC, Navy Kitsap Explosives Handling Wharf #2 (Inc) 83,778 83,778 MC, Navy Kitsap Regional Ship Maintenance Support Facility 0 13,833 MC, Navy Port Angeles Tps Port Angeles Forward Operating Location 20,638 20,638 MC, Navy Whidbey Island P–8a Aircraft Apron and Supporting Facilities 24,390 24,390 Worldwide Unspecified MC, Navy Unspecified Worldwide F–35c Facility Addition and Modification 16,594 16,594 MC, Navy Unspecified Worldwide F–35c Operational Training Facility 22,391 22,391 MC, Navy Unspecified Worldwide Mcon Design Funds 33,366 33,366 MC, Navy Unspecified Worldwide Unspecified Minor Construction 7,163 7,163 Subtotal, Military Construction, Navy 1,018,772 993,199 Military Construction, AF Alaska MC, AF Clear AFS Emergency Power Plant Fuel Storage 11,500 11,500 Arizona MC, AF Luke AFB F–35 Aircraft Mx Hangar—Sqdn #2 11,200 11,200 MC, AF Luke AFB F–35 Flightline Fillstands 15,600 15,600 Guam MC, AF Joint Region Marianas Guam Strike Fuel Systems Maint.hangar Inc 2 64,000 64,000 MC, AF Joint Region Marianas Par Low Observable / Corrosion Control / Composite Repair Shop 0 34,400 MC, AF Joint Region Marianas Prtc—Combat Comm Infrastr Facility 3,750 3,750 MC, AF Joint Region Marianas Prtc—Red Horse Logistics Facility 3,150 3,150 MC, AF Joint Region Marianas Prtc—Satellite Fire Station 6,500 6,500 Kansas MC, AF Mcconnell AFB KC–46a Adal Mobility Bag Strg Expansion 2,300 2,300 MC, AF Mcconnell AFB KC–46a Adal Regional Mx Tng Facility 16,100 16,100 MC, AF Mcconnell AFB KC–46a Alter Composite Mx Shop 4,100 4,100 MC, AF Mcconnell AFB KC–46a Alter Taxiway Foxtrot 5,500 5,500 MC, AF Mcconnell AFB KC–46a Fuselage Trainer 6,400 6,400 Maryland MC, AF Fort Meade Cybercom Joint Operations Center, Increment 2 166,000 166,000 Massachusetts MC, AF Hanscom AFB Dormitory (72 Rm) 13,500 13,500 Nebraska MC, AF Offutt AFB Usstratcom Replacement Facility- Incr 4 180,000 180,000 Nevada MC, AF Nellis AFB F–22 Flight Simulator Facility 14,000 14,000 MC, AF Nellis AFB F–35 Aircraft Mx Unit—4 Bay Hangar 31,000 31,000 MC, AF Nellis AFB F–35 Weapons School Facility 8,900 8,900 New Jersey MC, AF Joint Base Mcguire-Dix-Lakehurst Fire Station 5,900 5,900 Oklahoma MC, AF Tinker AFB KC–46a Depot Maint Complex Spt Infrastr 48,000 48,000 MC, AF Tinker AFB KC–46a Two-Bay Depot Mx Hangar 63,000 63,000 Texas MC, AF Joint Base San Antonio Fire Station 5,800 5,800 United Kingdom MC, AF Croughton Raf Jiac Consolidation—Phase 1 92,223 92,223 Worldwide Unspecified MC, AF Various Worldwide Planning and Design 10,738 10,738 MC, AF Various Worldwide Unspecified Minor Military Construction 22,613 22,613 Subtotal, Military Construction, AF 811,774 846,174 Military Construction, Defense-Wide Arizona MC, Def-Wide Fort Huachuca Jitc Building 52120 Renovation 1,871 1,871 Australia MC, Def-Wide Geraldton Combined Communications Gateway Geraldton 9,600 9,600 Belgium MC, Def-Wide Brussels Brussells Elementary/High School Replacement 41,626 41,626 MC, Def-Wide Brussels NATO Headquarters Facility 37,918 37,918 California MC, Def-Wide Camp Pendleton, California SOF Comm/Elec Maintenance Facility 11,841 11,841 MC, Def-Wide Coronado SOF Logistics Support Unit 1 Ops Facility #1 41,740 41,740 MC, Def-Wide Coronado SOF Support Activity Ops Facility #2 28,600 28,600 MC, Def-Wide Lemoore Replace Fuel Storage & Distribution Fac. 52,500 52,500 Colorado MC, Def-Wide Peterson AFB Dental Clinic Replacement 15,200 15,200 Conus Classified MC, Def-Wide Classified Location SOF Skills Training Facility 53,073 53,073 Georgia MC, Def-Wide Hunter Army Airfield SOF Company Operations Facility 7,692 7,692 MC, Def-Wide Robins AFB Replace Hydrant Fuel System 19,900 19,900 Germany MC, Def-Wide Rhine Ordnance Barracks Medical Center Replacement Incr 4 259,695 59,695 Guantanamo Bay, Cuba MC, Def-Wide Guantanamo Bay Replace Fuel Tank 11,100 11,100 MC, Def-Wide Guantanamo Bay W.t. Sampson E/M and Hs Consolid./Replacement 65,190 65,190 Hawaii MC, Def-Wide Joint Base Pearl Harbor-Hickam Replace Fuel Tanks 3,000 3,000 MC, Def-Wide Joint Base Pearl Harbor-Hickam Upgrade Fire Supression & Ventilation Sys. 49,900 49,900 Japan MC, Def-Wide Misawa Ab Edgren High School Renovation 37,775 37,775 MC, Def-Wide Okinawa Killin Elementary Replacement/Renovation 71,481 71,481 MC, Def-Wide Okinawa Kubasaki High School Replacement/Renovation 99,420 99,420 MC, Def-Wide Sasebo E.j. King High School Replacement/Renovation 37,681 37,681 Kentucky MC, Def-Wide Fort Campbell, Kentucky SOF System Integration Maintenance Office Fac 18,000 18,000 Maryland MC, Def-Wide Fort Meade NSAW Campus Feeders Phase 1 54,207 54,207 MC, Def-Wide Fort Meade NSAW Recapitalize Building #1/Site M Inc 3 45,521 45,521 MC, Def-Wide Joint Base Andrews Construct Hydrant Fuel System 18,300 18,300 Michigan MC, Def-Wide Selfridge ANGB Replace Fuel Distribution Facilities 35,100 35,100 Mississippi MC, Def-Wide Stennis SOF Applied Instruction Facility 10,323 10,323 MC, Def-Wide Stennis SOF Land Acquisition Western Maneuver Area 17,224 17,224 Nevada MC, Def-Wide Fallon SOF Tactical Ground Mob. Vehicle Maint Fac. 20,241 20,241 New Mexico MC, Def-Wide Cannon AFB SOF Squadron Operations Facility (Sts) 23,333 23,333 North Carolina MC, Def-Wide Camp Lejeune, NC Lejeune High School Addition/Renovation 41,306 41,306 MC, Def-Wide Camp Lejeune, NC SOF Intel/Ops Expansion 11,442 11,442 MC, Def-Wide Fort Bragg SOF Battalion Operations Facility 37,074 37,074 MC, Def-Wide Fort Bragg SOF Tactical Equipment Maintenance Facility 8,000 8,000 MC, Def-Wide Fort Bragg SOF Training Command Building 48,062 48,062 MC, Def-Wide Seymour Johnson AFB Replace Hydrant Fuel System 8,500 8,500 South Carolina MC, Def-Wide Beaufort Replace Fuel Distibution Facilities 40,600 40,600 South Dakota MC, Def-Wide Ellsworth AFB Construct Hydrant System 8,000 8,000 Texas MC, Def-Wide Fort Bliss Hospital Replacement Incr 6 131,500 131,500 MC, Def-Wide Joint Base San Antonio Medical Clinic Replacement 38,300 38,300 Virginia MC, Def-Wide Craney Island Replace & Alter Fuel Distibution Facilities 36,500 36,500 MC, Def-Wide Def Dist Depot Richmond Replace Access Control Point 5,700 5,700 MC, Def-Wide Fort Belvoir Parking Lot 7,239 7,239 MC, Def-Wide Joint Base Langley-Eustis Hopsital Addition/Cup Replacement 41,200 41,200 MC, Def-Wide Joint Exp Base Little Creek SOF Human Performance Center 11,200 11,200 MC, Def-Wide Joint Exp Base Little Creek SOF Indoor Dynamic Range 14,888 14,888 MC, Def-Wide Joint Exp Base Little Creek SOF Mobile Comm Det Support Facility 13,500 13,500 MC, Def-Wide Pentagon Redundant Chilled Water Loop 15,100 15,100 Worldwide Unspecified MC, Def-Wide Unspecified Worldwide Contingency Construction 9,000 9,000 MC, Def-Wide Unspecified Worldwide Ecip Design 10,000 10,000 MC, Def-Wide Unspecified Worldwide Energy Conservation Investment Program 150,000 150,000 MC, Def-Wide Unspecified Worldwide Exercise Related Minor Construction 8,581 8,581 MC, Def-Wide Unspecified Worldwide Planning & Design 38,704 38,704 MC, Def-Wide Unspecified Worldwide Planning and Design 24,425 24,425 MC, Def-Wide Unspecified Worldwide Planning and Design 745 745 MC, Def-Wide Unspecified Worldwide Planning and Design 42,387 42,387 MC, Def-Wide Unspecified Worldwide Planning and Design 599 599 MC, Def-Wide Unspecified Worldwide Planning and Design 1,183 1,183 MC, Def-Wide Unspecified Worldwide Unspecified Minor Construction 2,700 2,700 MC, Def-Wide Unspecified Worldwide Unspecified Minor Construction 4,100 4,100 MC, Def-Wide Unspecified Worldwide Unspecified Minor Construction 5,932 5,932 MC, Def-Wide Unspecified Worldwide Unspecified Minor Construction 6,846 6,846 MC, Def-Wide Unspecified Worldwide Unspecified Minor Construction 2,000 2,000 MC, Def-Wide Unspecified Worldwide Unspecified Minor Construction 10,334 10,334 MC, Def-Wide Unspecified Worldwide Unspecified Minor Milcon 2,994 2,994 MC, Def-Wide Various Worldwide Planning and Design 24,197 24,197 Subtotal, Military Construction, Defense-Wide 2,061,890 1,861,890 Military Construction, Army National Guard Maine MC, ARNG Augusta National Guard Reserve Center 30,000 30,000 Maryland MC, ARNG Havre DE Grace National Guard Readiness Center 12,400 12,400 Montana MC, ARNG Helena National Guard Readiness Center Add/Alt 38,000 38,000 New Mexico MC, ARNG Alamagordo Readiness Cener Add/Alt 0 5,000 North Dakota MC, ARNG Valley City National Guard Vehicle Maintenance Shop 10,800 10,800 Vermont MC, ARNG North Hyde Park National Guard Vehicle Maintenance Shop 4,400 4,400 Worldwide Unspecified MC, ARNG Unspecified Worldwide Planning and Design 17,600 17,600 MC, ARNG Unspecified Worldwide Unspecified Minor Construction 13,720 13,720 Subtotal, Military Construction, Army National Guard 126,920 131,920 Military Construction, Air National Guard Arkansas MC, ANG Ft Smith Municipal Airport Consolidated Scif 0 13,200 Connecticut MC, ANG Bradley IAP Construct C–130 Fuel Cell and Corrosion Contr 16,306 16,306 Iowa MC, ANG Des Moines Map Remotely Piloted Aircraft and Targeting Group 8,993 8,993 Michigan MC, ANG W. K. Kellog Regional Airport Rpa Beddown 6,000 6,000 New Hampshire MC, ANG Pease International Trade Port KC–46a Adal Airfield Pavements & Hydrant Syst 7,100 7,100 MC, ANG Pease International Trade Port KC–46a Adal Fuel Cell Building 253 16,800 16,800 MC, ANG Pease International Trade Port KC–46a Adal Maint Hangar Building 254 18,002 18,002 Pennsylvania MC, ANG Willow Grove Arf Rpa Operations Center 5,662 5,662 Worldwide Unspecified MC, ANG Various Worldwide Planning and Design 7,700 7,700 MC, ANG Various Worldwide Unspecified Minor Construction 8,100 8,100 Subtotal, Military Construction, Air National Guard 94,663 107,863 Military Construction, Army Reserve California MC, Army Res Riverside Army Reserve Center, Phase Ii 0 25,000 MC, Army Res Fresno Army Reserve Center/AMSA 22,000 22,000 Colorado MC, Army Res Fort Carson, Colorado Training Building Addition 5,000 5,000 New Jersey MC, Army Res Joint Base Mcguire-Dix-Lakehurst Army Reserve Center 26,000 26,000 New York MC, Army Res Mattydale Army Reserve Center/AMSA 23,000 23,000 Virginia MC, Army Res Fort Lee Tass Training Center 16,000 16,000 Worldwide Unspecified MC, Army Res Unspecified Worldwide Planning and Design 8,337 8,337 MC, Army Res Unspecified Worldwide Unspecified Minor Construction 3,609 3,609 Subtotal, Military Construction, Army Reseserve 103,946 128,946 Military Construction, Navy Reseserve Pennsylvania MC, Navy Res Pittsburgh Reserve Training Center—Pittsburgh, PA 17,650 17,650 Washington MC, Navy Res Everett Joint Reserve Intelligence Center 0 47,869 MC, Navy Res Whidbey Island C–40 Aircraft Maintenance Hangar 27,755 27,755 Worldwide Unspecified MC, Navy Res Unspecified Worldwide Mcnr Planning & Design 2,123 2,123 MC, Navy Res Unspecified Worldwide Mcnr Unspecified Minor Construction 4,000 4,000 Subtotal, Military Construction, Navy Reserve 51,528 99,397 Military Construction, AF Reseserve Arizona MC, AF Res Davis-Monthan AFB Guardian Angel Operations 0 14,500 Georgia MC, AF Res Robins AFB Afrc Consolidated Mission Complex, Ph I 27,700 27,700 North Carolina MC, AF Res Seymour Johnson AFB KC–135 Tanker Parking Apron Expansion 9,800 9,800 Texas MC, AF Res Fort Worth EOD Facility 3,700 3,700 Worldwide Unspecified MC, AF Res Various Worldwide Planning and Design 6,892 6,892 MC, AF Res Various Worldwide Unspecified Minor Military Construction 1,400 1,400 Subtotal, Military Construction, AF Reserve 49,492 63,992 Chemical Demilitarization Construction Kentucky Chem Demil Blue Grass Army Depot Ammunition Demilitarization Ph Xv 38,715 38,715 Subtotal, Chemical Demilitarization Construction 38,715 38,715 NATO Security Investment Program Worldwide Unspecified NATO SIP NATO Security Investment Program NATO Security Investment Program 199,700 174,700 Subtotal, NATO Security Investment Program 199,700 174,700 Total, Military Construction 5,096,827 4,991,623 Family Housing Family Housing Construction, Army Illinois FHC, Army Rock Island Family Housing New Construction 19,500 19,500 Korea FHC, Army Camp Walker Family Housing New Construction 57,800 57,800 Worldwide Unspecified FHC, Army Unspecified Worldwide Family Housing P & D 1,309 1,309 Subtotal, Family Housing Construction, Army 78,609 78,609 Family Housing O&M, Army Worldwide Unspecified FHO, Army Unspecified Worldwide Furnishings 14,136 14,136 FHO, Army Unspecified Worldwide Leased Housing 112,504 112,504 FHO, Army Unspecified Worldwide Maintenance of Real Property Facilities 65,245 65,245 FHO, Army Unspecified Worldwide Management Account 3,117 3,117 FHO, Army Unspecified Worldwide Management Account 43,480 43,480 FHO, Army Unspecified Worldwide Military Housing Privitization Initiative 20,000 20,000 FHO, Army Unspecified Worldwide Miscellaneous 700 700 FHO, Army Unspecified Worldwide Services 9,108 9,108 FHO, Army Unspecified Worldwide Utilities 82,686 82,686 Subtotal, Family Housing O&M, Army 350,976 350,976 Family Housing Construction, Navy and Marine Corps Worldwide Unspecified FHC, N/MC Unspecified Worldwide Design 472 472 FHC, N/MC Unspecified Worldwide Improvements 15,940 15,940 Subtotal, Family Housing Construction, Navy and Marine Corps 16,412 16,412 Family Housing O&M, Navy and Marine Corps Worldwide Unspecified FHO, N/MC Unspecified Worldwide Furnishings Account 17,881 17,881 FHO, N/MC Unspecified Worldwide Leasing 65,999 65,999 FHO, N/MC Unspecified Worldwide Maintenance of Real Property 97,612 97,612 FHO, N/MC Unspecified Worldwide Management Account 55,124 55,124 FHO, N/MC Unspecified Worldwide Miscellaneous Account 366 366 FHO, N/MC Unspecified Worldwide Privatization Support Costs 27,876 27,876 FHO, N/MC Unspecified Worldwide Services Account 18,079 18,079 FHO, N/MC Unspecified Worldwide Utilities Account 71,092 71,092 Subtotal, Family Housing O&M, Navy and Marine Corps 354,029 354,029 Family Housing O&M, AF Worldwide Unspecified FHO, AF Unspecified Worldwide Furnishings Account 38,543 38,543 FHO, AF Unspecified Worldwide Housing Privatization 40,761 40,761 FHO, AF Unspecified Worldwide Leasing 43,651 43,651 FHO, AF Unspecified Worldwide Maintenance 99,934 99,934 FHO, AF Unspecified Worldwide Management Account 47,834 47,834 FHO, AF Unspecified Worldwide Miscellaneous Account 1,993 1,993 FHO, AF Unspecified Worldwide Services Account 12,709 12,709 FHO, AF Unspecified Worldwide Utilities Account 42,322 42,322 Subtotal, Family Housing O&M, AF 327,747 327,747 Family Housing O&M, Defense-Wide Worldwide Unspecified FHO, DW Unspecified Worldwide Furnishings Account 3,362 3,362 FHO, DW Unspecified Worldwide Furnishings Account 20 20 FHO, DW Unspecified Worldwide Furnishings Account 746 746 FHO, DW Unspecified Worldwide Leasing 42,083 42,083 FHO, DW Unspecified Worldwide Leasing 11,179 11,179 FHO, DW Unspecified Worldwide Maintenance of Real Property 344 344 FHO, DW Unspecified Worldwide Maintenance of Real Property 2,128 2,128 FHO, DW Unspecified Worldwide Management Account 378 378 FHO, DW Unspecified Worldwide Services Account 31 31 FHO, DW Unspecified Worldwide Utilities Account 170 170 FHO, DW Unspecified Worldwide Utilities Account 659 659 Subtotal, Family Housing O&M, Defense-Wide 61,100 61,100 Family Housing Improvement Fund Worldwide Unspecified FHIF Unspecified Worldwide Family Housing Improvement Fund 1,662 1,662 Subtotal, Family Housing Improvement Fund 1,662 1,662 Total, Family Housing 1,190,535 1,190,535 Base Realignment and Closure Defense Base Closure Account—Army Worldwide Unspecified BRAC—Army Base Realignment & Closure, Army Base Realignment and Closure 84,417 84,417 Subtotal, Defense Base Closure Account—Army 84,417 84,417 Defense Base Closure Account—Navy Worldwide Unspecified BRAC—Navy Base Realignment & Closure, Navy Base Realignment & Closure 57,406 57,406 BRAC—Navy Unspecified Worldwide Don–100: Planing, Design and Management 7,682 7,682 BRAC—Navy Unspecified Worldwide Don–101: Various Locations 21,416 21,416 BRAC—Navy Unspecified Worldwide Don–138: NAS Brunswick, ME 904 904 BRAC—Navy Unspecified Worldwide Don–157: Mcsa Kansas City, MO 40 40 BRAC—Navy Unspecified Worldwide Don–172: NWS Seal Beach, Concord, CA 6,066 6,066 BRAC—Navy Unspecified Worldwide Don–84: JRB Willow Grove & Cambria Reg Ap 1,178 1,178 Subtotal, Defense Base Closure Account—Navy 94,692 94,692 Defense Base Closure Account—AF Worldwide Unspecified BRAC—AF Unspecified Worldwide Dod BRAC Activities—Air Force 90,976 90,976 Subtotal, Defense Base Closure Account—AF 90,976 90,976 Total, Base Realignment and Closure 270,085 270,085 Grand Total, Military Construction & Family Housing 6,557,447 6,452,243 XLVII DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Program FY 2015 Senate Discretionary Summary By Appropriation Energy Programs Nuclear energy 104,000 104,000 Advisory Board Advisory Board on Toxic Substances and Worker Health 0 2,000 Atomic Energy Defense Activities National nuclear security administration: Weapons activities 8,314,902 8,314,902 Defense nuclear nonproliferation 1,555,156 1,840,156 Naval reactors 1,377,100 1,377,100 Federal salaries and expenses 410,842 403,342 Total, National nuclear security administration 11,658,000 11,935,500 Environmental and other defense activities: Defense environmental cleanup 5,327,538 4,864,538 Other defense activities 753,000 751,000 Total, Environmental & other defense activities 6,080,538 5,615,538 Total, Atomic Energy Defense Activities 17,738,538 17,551,038 Total, Discretionary Funding 17,842,538 17,657,038 Nuclear Energy Idaho sitewide safeguards and security 104,000 104,000 Total, Nuclear Energy 104,000 104,000 Advisory Board Advisory Board on Toxic Substances and Worker Health 0 2,000 Total, Advisory Board 0 2,000 Weapons Activities Directed stockpile work B61 Life extension program 643,000 643,000 W76 Life extension program 259,168 259,168 W88 Alt 370 165,400 165,400 Cruise missile warhead life extension program 9,418 16,918 Stockpile systems B61 Stockpile systems 109,615 109,615 W76 Stockpile systems 45,728 45,728 W78 Stockpile systems 62,703 62,703 W80 Stockpile systems 70,610 70,610 B83 Stockpile systems 63,136 63,136 W87 Stockpile systems 91,255 91,255 W88 Stockpile systems 88,060 88,060 Total, Stockpile systems 531,107 531,107 Weapons dismantlement and disposition Operations and maintenance 30,008 30,008 Stockpile services Production support 350,942 350,942 Research and development support 29,649 29,649 R&D certification and safety 201,479 201,479 Management, technology, and production 241,805 241,805 Plutonium sustainment 144,575 144,575 Tritium readiness 140,053 140,053 Total, Stockpile services 1,108,503 1,108,503 Total, Directed stockpile work 2,746,604 2,754,104 Campaigns: Science campaign Advanced certification 58,747 58,747 Primary assessment technologies 112,000 112,000 Dynamic materials properties 117,999 117,999 Advanced radiography 79,340 79,340 Secondary assessment technologies 88,344 88,344 Total, Science campaign 456,430 456,430 Engineering campaign Enhanced surety 52,003 52,003 Weapon systems engineering assessment technology 20,832 20,832 Nuclear survivability 25,371 25,371 Enhanced surveillance 37,799 37,799 Total, Engineering campaign 136,005 136,005 Inertial confinement fusion ignition and high yield campaign Ignition 77,994 77,994 Support of other stockpile programs 23,598 23,598 Diagnostics, cryogenics and experimenta support 61,297 61,297 Pulsed power inertial confinement fusion 5,024 5,024 Joint program in high energy density laboratory plasmas 9,100 9,100 Facility operations and target production 335,882 328,382 Total, Inertial confinement fusion and high yield campaign 512,895 505,395 Advanced simulation and computing campaign 610,108 610,108 Readiness Campaign Nonnuclear readiness 125,909 125,909 Total, Readiness campaign 125,909 125,909 Total, Campaigns 1,841,347 1,833,847 Readiness in technical base and facilities (RTBF) Operations of facilities Kansas City Plant 125,000 125,000 Lawrence Livermore National Laboratory 71,000 71,000 Los Alamos National Laboratory 198,000 198,000 Nevada National Security Site 89,000 89,000 Pantex 75,000 75,000 Sandia National Laboratory 106,000 106,000 Savannah River Site 81,000 81,000 Y–12 National security complex 151,000 151,000 Total, Operations of facilities 896,000 896,000 Program readiness 136,700 136,700 Material recycle and recovery 138,900 138,900 Containers 26,000 26,000 Storage 40,800 40,800 Maintenance and repair of facilities 205,000 205,000 Recapitalization 209,321 209,321 Subtotal, Readiness in technical base and facilities 1,652,721 1,652,721 Construction: 15–D–613 Emergency Operations Center, Y–12 2,000 2,000 15–D–612 Emergency Operations Center, LLNL 2,000 2,000 15–D–611 Emergency Operations Center, SNL 4,000 4,000 15–D–301 HE Science & Engineering Facility, PX 11,800 11,800 15–D–302, TA–55 Reinvestment project, Phase 3, LANL 16,062 16,062 12–D–301 TRU waste facilities, LANL 6,938 6,938 11–D–801 TA–55 Reinvestment project Phase 2, LANL 10,000 10,000 07–D–220-04 Transuranic liquid waste facility, Lanl 15,000 15,000 06–D–141 PED/Construction, UPF Y–12, Oak Ridge, TN 335,000 335,000 Total, Construction 402,800 402,800 Total, Readiness in technical base and facilities 2,055,521 2,055,521 Secure transportation asset Operations and equipment 132,851 132,851 Program direction 100,962 100,962 Total, Secure transportation asset 233,813 233,813 Nuclear counterterrorism incident response 173,440 173,440 Counterterrorism and Counterproliferation Programs 76,901 76,901 Site stewardship Environmental projects and operations 53,000 53,000 Nuclear materials integration 16,218 16,218 Minority serving institution partnerships program 13,231 13,231 Total, Site stewardship 82,449 82,449 Defense nuclear security Operations and maintenance 618,123 618,123 Total, Defense nuclear security 618,123 618,123 Information technology and cybersecurity 179,646 179,646 Legacy contractor pensions 307,058 307,058 Subtotal, Weapons activities 8,314,902 8,314,902 Total, Weapons Activities 8,314,902 8,314,902 Defense Nuclear Nonproliferation Global threat reduction initiative Global threat reduction initiative 333,488 373,488 Total, Global threat reduction initiative 333,488 373,488 Defense Nuclear Nonproliferation R&D Operations and maintenance 360,808 390,808 Nonproliferation and international security 141,359 141,359 International material protection and cooperation 305,467 375,467 Fissile materials disposition Operations and maintenance U.S. plutonium disposition 85,000 85,000 U.S. uranium disposition 25,000 25,000 Total, Operations and maintenance 110,000 110,000 Construction: 99–D–143 Mixed oxide fuel fabrication facility, Savannah River, SC 196,000 341,000 99–D–141–02 Waste Solidification Building, Savannah River, SC 5,125 5,125 Total, Construction 201,125 346,125 Total, Fissile materials disposition 311,125 456,125 Total, Defense Nuclear Nonproliferation Programs 1,452,247 1,737,247 Legacy contractor pensions 102,909 102,909 Total, Defense Nuclear Nonproliferation 1,555,156 1,840,156 Naval Reactors Naval reactors operations and infrastructure 412,380 412,380 Naval reactors development 425,700 425,700 Ohio replacement reactor systems development 156,100 156,100 S8G Prototype refueling 126,400 126,400 Program direction 46,600 46,600 Construction: 15–D–904 NRF Overpack Storage Expansion 3 400 400 15–D–903 KL Fire System Upgrade 600 600 15–D–902 KS Engineroom team trainer facility 1,500 1,500 15–D–901 KS Central office building and prototype staff facility 24,000 24,000 14–D–901 Spent fuel handling recapitalization project, NRF 141,100 141,100 13–D–905 Remote-handled low-level waste facility, INL 14,420 14,420 13–D–904 KS Radiological work and storage building, KSO 20,100 20,100 10-D–903, Security upgrades, KAPL 7,400 7,400 08–D–190 Expended Core Facility M–290 receiving/discharge station, Naval Reactor Facility, ID 400 400 Total, Construction 209,920 209,920 Subtotal, Naval Reactors 1,377,100 1,377,100 Total, Naval Reactors 1,377,100 1,377,100 Federal Salaries And Expenses Program direction 410,842 403,342 Defense Environmental Cleanup Closure sites: Closure sites administration 4,889 4,889 Hanford site: River corridor and other cleanup operations 332,788 332,788 Central plateau remediation: Central plateau remediation 474,292 474,292 Construction 15–D–401 Containerized sludge (Rl-0012) 26,290 26,290 Total, Central plateau remediation 500,582 500,582 Richland community and regulatory support 14,701 14,701 Total, Hanford site 848,071 848,071 Idaho National Laboratory: Idaho cleanup and waste disposition 364,293 364,293 Idaho community and regulatory support 2,910 2,910 Total, Idaho National Laboratory 367,203 367,203 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,366 1,366 Nuclear facility D & D Nevada 64,851 64,851 Sandia National Laboratories 2,801 2,801 Los Alamos National Laboratory Los Alamos National Laboratory 196,017 196,017 Construction: 15–D–406 Hexavalent chromium D & D (Vl-Lanl-0030) 28,600 28,600 Total, Los Alamos National Laboratory 224,617 224,617 Total, NNSA sites and Nevada off-sites 293,635 293,635 Oak Ridge Reservation: OR Nuclear facility D & D 73,155 73,155 Construction 14–D–403 Outfall 200 Mercury Treatment Facility 9,400 9,400 Total, OR Nuclear facility D & D 82,555 82,555 U233 Disposition Program 41,626 41,626 OR cleanup and disposition OR cleanup and disposition 71,137 71,137 Construction: 15–D–405—Sludge Buildout 4,200 4,200 Total, OR cleanup and disposition 75,337 75,337 OR reservation community and regulatory support 4,365 4,365 Solid waste stabilization and disposition Oak Ridge technology development 3,000 3,000 Total, Oak Ridge Reservation 206,883 206,883 Office of River Protection: Waste treatment and immobilization plant 01–D–416 A-D/ORP-0060 / Major construction 575,000 575,000 01–D–16E Pretreatment facility 115,000 115,000 Total, Waste treatment and immobilization plant 690,000 690,000 Tank farm activities Rad liquid tank waste stabilization and disposition 522,000 522,000 Construction: 15–D–409 Low Activity Waste Pretreatment System, Hanford 23,000 23,000 Total, Tank farm activities 545,000 545,000 Total, Office of River protection 1,235,000 1,235,000 Savannah River sites: Savannah River risk management operations: Savannah River risk management operations 416,276 416,276 SR community and regulatory support 11,013 11,013 Radioactive liquid tank waste: Radioactive liquid tank waste stabilization and disposition 553,175 553,175 Construction: 15–D–402—Saltstone Disposal Unit #6 34,642 34,642 05–D–405 Salt waste processing facility, Savannah River 135,000 135,000 Total, Construction 169,642 169,642 Total, Radioactive liquid tank waste 722,817 722,817 Total, Savannah River site 1,150,106 1,150,106 Waste Isolation Pilot Plant Waste isolation pilot plant 216,020 216,020 Program direction 280,784 280,784 Program support 14,979 14,979 Safeguards and Security: Oak Ridge Reservation 16,382 16,382 Paducah 7,297 7,297 Portsmouth 8,492 8,492 Richland/Hanford Site 63,668 63,668 Savannah River Site 132,196 132,196 Waste Isolation Pilot Project 4,455 4,455 West Valley 1,471 1,471 Total, Safeguards and Security 233,961 233,961 Technology development 13,007 13,007 Subtotal, Defense environmental cleanup 4,864,538 4,864,538 Legislative Proposal Uranium enrichment D&D fund contribution 463,000 0 Subtotal Legislative Proposal 463,000 0 Total, Defense Environmental Cleanup 5,327,538 4,864,538 Other Defense Activities Specialized security activities 202,152 202,152 Environment, health, safety and security Environment, health, safety and security 118,763 117,763 Program direction 62,235 62,235 Total, Environment, Health, safety and security 180,998 179,998 Independent enterprise assessments Independent enterprise assessments 24,068 24,068 Program direction 49,466 49,466 Total, Independent enterprise assessments 73,534 73,534 Office of Legacy Management Legacy management 158,639 157,639 Program direction 13,341 13,341 Total, Office of Legacy Management 171,980 170,980 Defense related administrative support Chief financial officer 46,877 46,877 Chief information officer 71,959 71,959 Total, Defense related administrative support 118,836 118,836 Office of hearings and appeals 5,500 5,500 Subtotal, Other defense activities 753,000 751,000 Total, Other Defense Activities 753,000 751,000 June 2, 2014 Read twice and placed on the calendar
Carl Levin National Defense Authorization Act for Fiscal Year 2015
United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank to foster increased employee ownership and greater employee participation in company decisionmaking throughout the United States. Authorizes the Bank to make loans to employees, on a direct or guaranteed basis (which may be subordinated to the interests of all other creditors), to purchase a company through an employee stock ownership plan or eligible worker-owned cooperative which is at least 51% employee owned, or will become so as a result of Bank assistance. Authorizes the Bank also to allow: (1) a company that is less than 51% employee owned to become at least 51% employee owned; and (2) allow a company that is already at least 51% employee owned to increase the level of employee ownership, expand operations, and increase or preserve employment. Amends the Worker Adjustment and Retraining Notification Act to require the employer, if it orders a plant or facility closing in connection with the termination of its operations there, to offer its employees an opportunity to purchase that plant or facility through an employee stock ownership plan or an eligible worker-owned cooperative that is at least 51% employee owned. Exempts from such requirement an employer that orders a plant closing if the employer: (1) will retain the plant assets to continue or begin a business within the United States; or (2) intends to continue the business conducted at such plant at another plant within the United States. Amends the Community Reinvestment Act of 1977 to authorize the appropriate federal financial supervisory agency, in assessing and taking into account the record of a financial institution during an examination, to consider capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable employees to establish employee stock ownership plans or eligible worker-owned cooperatives that are at least 51% employee-owned.
To provide for the establishment of the United States Employee Ownership Bank, and for other purposes. 1. Short title This Act may be cited as the United States Employee Ownership Bank Act 2. Findings Congress finds that— (1) between January 2000 and April 2014, the manufacturing sector lost 5,183,000 jobs; (2) as of April 2014, only 12,100,000 workers in the United States were employed in the manufacturing sector, lower than June 1941; (3) at the end of 2013, the United States had a trade deficit of $474,864,000,000, including a recordbreaking $318,417,200,000 trade deficit with China; (4) preserving and increasing decent paying jobs must be a top priority of Congress; (5) providing loan guarantees, direct loans, and technical assistance to employees to buy their own companies will preserve and increase employment in the United States; and (6) the time has come to establish the United States Employee Ownership Bank to preserve and expand jobs in the United States through Employee Stock Ownership Plans and worker-owned cooperatives. 3. Definitions In this Act— (1) the term Bank (2) the term eligible worker-owned cooperative section 1042(c)(2) (3) the term employee stock ownership plan (4) the term Secretary 4. Establishment of United States Employee Ownership Bank within the Department of the Treasury (a) Establishment of Bank (1) In general Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary shall establish the United States Employee Ownership Bank, to foster increased employee ownership of United States companies and greater employee participation in company decisionmaking throughout the United States. (2) Organization of the Bank (A) Management The Secretary shall appoint a Director to serve as the head of the Bank, who shall serve at the pleasure of the Secretary. (B) Staff The Director may select, appoint, employ, and fix the compensation of such employees as are necessary to carry out the functions of the Bank. (b) Duties of Bank The Bank is authorized to provide loans, on a direct or guaranteed basis, which may be subordinated to the interests of all other creditors— (1) to purchase a company through an employee stock ownership plan or an eligible worker-owned cooperative, which shall be at least 51 percent employee owned, or will become at least 51 percent employee owned as a result of financial assistance from the Bank; (2) to allow a company that is less than 51 percent employee owned to become at least 51 percent employee owned; (3) to allow a company that is already at least 51 percent employee owned to increase the level of employee ownership at the company; and (4) to allow a company that is already at least 51 percent employee owned to expand operations and increase or preserve employment. (c) Preconditions Before the Bank makes any subordinated loan or guarantees a loan under subsection (b)(1), a business plan shall be submitted to the bank that— (1) shows that— (A) not less than 51 percent of all interests in the company is or will be owned or controlled by an employee stock ownership plan or eligible worker-owned cooperative; (B) the board of directors of the company is or will be elected by shareholders on a one share to one vote basis or by members of the eligible worker-owned cooperative on a one member to one vote basis, except that shares held by the employee stock ownership plan will be voted according to section 409(e) of the Internal Revenue Code of 1986, with participants providing voting instructions to the trustee of the employee stock ownership plan in accordance with the terms of the employee stock ownership plan and the requirements of that section 409(e); and (C) all employees will receive basic information about company progress and have the opportunity to participate in day-to-day operations; and (2) includes a feasibility study from an objective third party with a positive determination that the employee stock ownership plan or eligible worker-owned cooperative will generate enough of a margin to pay back any loan, subordinated loan, or loan guarantee that was made possible through the Bank. (d) Terms and conditions for loans and loan guarantees Notwithstanding any other provision of law, a loan that is provided or guaranteed under this section shall— (1) bear interest at an annual rate, as determined by the Secretary— (A) in the case of a direct loan under this Act— (i) sufficient to cover the cost of borrowing to the Department of the Treasury for obligations of comparable maturity; or (ii) of 4 percent; and (B) in the case of a loan guaranteed under this section, in an amount that is equal to the current applicable market rate for a loan of comparable maturity; and (2) have a term not to exceed 12 years. 5. Employee right of first refusal before plant or facility closing Section 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 (1) in the section heading, by adding at the end the following: ; employee stock ownership plans or eligible worker-owned cooperatives (2) by adding at the end the following: (e) Employee stock ownership plans and eligible worker-Owned cooperatives (1) General rule If an employer orders a plant or facility closing in connection with the termination of its operations at such plant or facility, the employer shall offer its employees an opportunity to purchase such plant or facility through an employee stock ownership plan (as that term is defined in section 4975(e)(7) (2) Exemptions Paragraph (1) shall not apply— (A) if an employer orders a plant closing, but will retain the assets of such plant to continue or begin a business within the United States; or (B) if an employer orders a plant closing and such employer intends to continue the business conducted at such plant at another plant within the United States. . 6. Regulations on safety and soundness and preventing competition with commercial institutions Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of the Treasury shall prescribe such regulations as are necessary to implement this Act and the amendments made by this Act, including— (1) regulations to ensure the safety and soundness of the Bank; and (2) regulations to ensure that the Bank will not compete with commercial financial institutions. 7. Community reinvestment credit Section 804 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903 (e) Establishment of employee stock ownership plans and eligible worker-Owned cooperatives In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable employees to establish employee stock ownership plans or eligible worker-owned cooperatives (as those terms are defined in sections 4975(e)(7) and 1042(c)(2) of the Internal Revenue Code of 1986, respectively), that are at least 51 percent employee owned plans or cooperatives. . 8. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this Act, $500,000,000 for fiscal year 2015, and such sums as may be necessary for each fiscal year thereafter.
United States Employee Ownership Bank Act
Worker Ownership, Readiness, and Knowledge Act or the WORK Act - Directs the Secretary of Labor, acting through the Assistant Secretary for Employment and Training, to establish within the Employment and Training Administration an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking. Requires the Secretary to establish a program, which may include grants for outreach, technical assistance, and training, to encourage new and existing state programs designed to foster employee ownership and employee participation in business decisionmaking throughout the United States. Requires the Secretary to report to Congress on progress related to employee ownership and participation in U.S. businesses.
To establish an Employee Ownership and Participation Initiative, and for other purposes. 1. Short title This Act may be cited as the Worker Ownership, Readiness, and Knowledge Act WORK Act 2. Worker ownership, readiness, and knowledge (a) Definitions In this section: (1) Existing program The term existing program (2) Initiative The term Initiative (3) New program The term new program (4) Secretary The term Secretary (5) State The term State (b) Employee Ownership and Participation Initiative (1) Establishment The Secretary of Labor shall establish within the Employment and Training Administration of the Department of Labor an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking. (2) Functions In carrying out the Initiative, the Secretary shall— (A) support within the States existing programs designed to promote employee ownership and employee participation in business decisionmaking; and (B) facilitate within the States the formation of new programs designed to promote employee ownership and employee participation in business decisionmaking. (3) Duties To carry out the functions enumerated in paragraph (2), the Secretary shall— (A) support new programs and existing programs by— (i) making Federal grants authorized under subsection (d); and (ii) (I) acting as a clearinghouse on techniques employed by new programs and existing programs within the States, and disseminating information relating to those techniques to the programs; or (II) funding projects for information gathering on those techniques, and dissemination of that information to the programs, by groups outside the Employment and Training Administration; and (B) facilitate the formation of new programs, in ways that include holding or funding an annual conference of representatives from States with existing programs, representatives from States developing new programs, and representatives from States without existing programs. (c) Programs regarding employee ownership and participation (1) Establishment of program Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to encourage new and existing programs within the States, designed to foster employee ownership and employee participation in business decisionmaking throughout the United States. (2) Purpose of program The purpose of the program established under paragraph (1) is to encourage new and existing programs within the States that focus on— (A) providing education and outreach to inform employees and employers about the possibilities and benefits of employee ownership, business ownership succession planning, and employee participation in business decisionmaking, including providing information about financial education, employee teams, open-book management, and other tools that enable employees to share ideas and information about how their businesses can succeed; (B) providing technical assistance to assist employee efforts to become business owners, to enable employers and employees to explore and assess the feasibility of transferring full or partial ownership to employees, and to encourage employees and employers to start new employee-owned businesses; (C) training employees and employers with respect to methods of employee participation in open-book management, work teams, committees, and other approaches for seeking greater employee input; and (D) training other entities to apply for funding under this subsection, to establish new programs, and to carry out program activities. (3) Program details The Secretary may include, in the program established under paragraph (1), provisions that— (A) in the case of activities under paragraph (2)(A)— (i) target key groups such as retiring business owners, senior managers, unions, trade associations, community organizations, and economic development organizations; (ii) encourage cooperation in the organization of workshops and conferences; and (iii) prepare and distribute materials concerning employee ownership and participation, and business ownership succession planning; (B) in the case of activities under paragraph (2)(B)— (i) provide preliminary technical assistance to employee groups, managers, and retiring owners exploring the possibility of employee ownership; (ii) provide for the performance of preliminary feasibility assessments; (iii) assist in the funding of objective third-party feasibility studies and preliminary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and (iv) provide a data bank to help employees find legal, financial, and technical advice in connection with business ownership; (C) in the case of activities under paragraph (2)(C)— (i) provide for courses on employee participation; and (ii) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (D) in the case of training under paragraph (2)(D)— (i) provide for visits to existing programs by staff from new programs receiving funding under this section; and (ii) provide materials to be used for such training. (4) Guidance The Secretary shall issue formal guidance, for recipients of grants awarded under subsection (d) and one-stop partners affiliated with the statewide workforce investment systems described in section 106 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2881 (A) proactive in encouraging actions and activities that promote employee ownership of, and participation in, businesses; and (B) comprehensive in emphasizing both employee ownership of, and participation in, businesses so as to increase productivity and broaden capital ownership. (d) Grants (1) In general In carrying out the program established under subsection (c), the Secretary may make grants for use in connection with new programs and existing programs within a State for any of the following activities: (A) Education and outreach as provided in subsection (c)(2)(A). (B) Technical assistance as provided in subsection (c)(2)(B). (C) Training activities for employees and employers as provided in subsection (c)(2)(C). (D) Activities facilitating cooperation among employee-owned firms. (E) Training as provided in subsection (c)(2)(D) for new programs provided by participants in existing programs dedicated to the objectives of this section, except that, for each fiscal year, the amount of the grants made for such training shall not exceed 10 percent of the total amount of the grants made under this section. (2) Amounts and conditions The Secretary shall determine the amount and any conditions for a grant made under this subsection. The amount of the grant shall be subject to paragraph (6), and shall reflect the capacity of the applicant for the grant. (3) Applications Each entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (4) State applications Each State may sponsor and submit an application under paragraph (3) on behalf of any local entity consisting of a unit of State or local government, State-supported institution of higher education, or nonprofit organization, meeting the requirements of this section. (5) Applications by entities (A) Entity applications If a State fails to support or establish a program pursuant to this section during any fiscal year, the Secretary shall, in the subsequent fiscal years, allow local entities described in paragraph (4) from that State to make applications for grants under paragraph (3) on their own initiative. (B) Application screening Any State failing to support or establish a program pursuant to this section during any fiscal year may submit applications under paragraph (3) in the subsequent fiscal years but may not screen applications by local entities described in paragraph (4) before submitting the applications to the Secretary. (6) Limitations A recipient of a grant made under this subsection shall not receive, during a fiscal year, in the aggregate, more than the following amounts: (A) For fiscal year 2015, $300,000. (B) For fiscal year 2016, $330,000. (C) For fiscal year 2017, $363,000. (D) For fiscal year 2018, $399,300. (E) For fiscal year 2019, $439,200. (7) Annual report For each year, each recipient of a grant under this subsection shall submit to the Secretary a report describing how grant funds allocated pursuant to this subsection were expended during the 12-month period preceding the date of the submission of the report. (e) Evaluations The Secretary is authorized to reserve not more than 10 percent of the funds appropriated for a fiscal year to carry out this section, for the purposes of conducting evaluations of the grant programs identified in subsection (d) and to provide related technical assistance. (f) Reporting Not later than the expiration of the 36-month period following the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report— (1) on progress related to employee ownership and participation in businesses in the United States; and (2) containing an analysis of critical costs and benefits of activities carried out under this section. (g) Authorizations of Appropriations (1) In general There are authorized to be appropriated for the purpose of making grants pursuant to subsection (d) the following: (A) For fiscal year 2015, $3,850,000. (B) For fiscal year 2016, $6,050,000. (C) For fiscal year 2017, $8,800,000. (D) For fiscal year 2018, $11,550,000. (E) For fiscal year 2019, $14,850,000. (2) Administrative expenses There are authorized to be appropriated for the purpose of funding the administrative expenses related to the Initiative, for each of fiscal years 2015 through 2019, an amount not in excess of— (A) $350,000; or (B) 5.0 percent of the maximum amount available under paragraph (1) for that fiscal year.
WORK Act
Restoring Veterans Trust Act of 2014 - Revises veterans' benefit programs to address: veterans' access to medical care, including through measures that address the Department of Veterans Affairs' (VA's) scheduling and performance management systems, VA health facility staffing shortages, and veterans' access to covered care at non-VA facilities; the expansion and extension of certain health care benefits, including caregiver support services, immunizations, chiropractic care, and treatment for traumatic brain injury; health care administration, including by extending the Department of Veterans Affairs Health Professional Scholarship Program; complementary and alternative medicine; mental health care; dental care eligibility and expansion, including by requiring the creation of a program of education to promote veterans' dental health; health care related to sexual trauma, including by requiring the provision of counseling and treatment to members of the Armed Forces and the development of a screening mechanism to detect incidents of domestic abuse; reproductive treatment and services, including by requiring the provision of fertility counseling and adoption assistance to severely wounded veterans; major medical facility leases; survivor and dependent matters, including the provision of benefits to the children of certain veterans who are born with spina bifida; education matters, including the approval of courses for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs; the extension of the Secretary of Veterans Affairs' authority to provide the same rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses as are provided to veterans; veterans' employment, including employment within the federal government; sanctions for federal contractors who repeatedly violate the employment and reemployment rights of members of the Armed Forces; small business matters, including contracting and subcontracting participation goals with federal departments and agencies; administrative matters, including by requiring the Secretary to establish regional support centers for Veterans Integrated Service Networks; the processing of disability claims, including those based on military sexual trauma, as well as claims for pensions and dependency and indemnity compensation; the manner in which hearings before the Board of Veterans' Appeals are to be conducted; certain rights under the Servicemembers Civil Relief Act, including protections regarding the expiration of professional licenses, the denial of credit or the termination of residential leases due to military service, and mortgage foreclosures against surviving spouses; and outreach and miscellaneous matters, including the repeal of a provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces who are under age 62.
To improve the provision of medical services and benefits to veterans, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Restoring Veterans Trust Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. TITLE I—Health Care Matters Subtitle A—Improvement of Access to Care by Strengthening Management, Technology, and Metrics Sec. 101. Implementation of upgraded Department of Veterans Affairs electronic scheduling system for appointments for receipt of health care from the Department. Sec. 102. Independent assessment of the scheduling process for medical appointments for care from Department of Veterans Affairs. Sec. 103. Modification of liability for breach of period of obligated service under Health Professionals Educational Assistance Program for primary care physicians. Sec. 104. Program of education at Uniformed Services University of the Health Sciences with specialization in primary care. Sec. 105. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs. Sec. 106. Clinic management training program of the Department of Veterans Affairs. Sec. 107. Inclusion of Department of Veterans Affairs facilities in National Health Service Corps Scholarship and loan repayment programs. Sec. 108. Improvement of access by veterans to health care from non-Department of Veterans Affairs providers. Sec. 109. Extension of and report on joint incentives program of Department of Veterans Affairs and Department of Defense. Sec. 110. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department. Sec. 110A. Contracting for hospital care, medical services, and other health care. Sec. 110B. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service. Sec. 110C. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems. Sec. 110D. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs. Sec. 110E. Commission on Access to Care. Sec. 110F. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance. Sec. 110G. Authorization of emergency appropriations. Subtitle B—Expansion and Improvements of Benefits Generally Sec. 111. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war. Sec. 112. Expansion of assistance and support services for caregivers of veterans. Sec. 113. Improved access to appropriate immunizations for veterans. Sec. 114. Expansion of provision of chiropractic care and services to veterans. Sec. 115. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water. Sec. 116. Expansion of emergency treatment reimbursement for certain veterans. Sec. 117. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report. Sec. 118. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury. Sec. 119. Reauthorization and modification of pilot program of enhanced contract care authority for health care needs of veterans. Subtitle C—Health Care Administration Sec. 121. Extension of Department of Veterans Affairs Health Professional Scholarship Program. Sec. 122. Expansion of availability of prosthetic and orthotic care for veterans. Sec. 123. Limitation on expansion of dialysis pilot program. Sec. 124. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department. Sec. 125. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs. Sec. 126. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs. Sec. 127. Report on provision of telemedicine services. Sec. 128. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. Subtitle D—Complementary and Alternative Medicine Sec. 131. Expansion of research and education on and delivery of complementary and alternative medicine to veterans. Sec. 132. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers. Sec. 133. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. Sec. 134. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans. Subtitle E—Mental Health Care Sec. 141. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs. Sec. 142. Report on provision of mental health services for families of certain veterans at facilities of the Department. Sec. 143. Annual report on community mental health partnership pilot program. Subtitle F—Dental Care Eligibility Expansion and Enhancement Sec. 151. Restorative dental services for veterans. Sec. 152. Pilot program on expansion of furnishing of dental care to all enrolled veterans. Sec. 153. Program on education to promote dental health in veterans. Sec. 154. Authorization of appropriations. Subtitle G—Health Care Related to Sexual Trauma Sec. 161. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training. Sec. 162. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. Sec. 163. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse. Sec. 164. Reports on military sexual trauma and domestic abuse. Subtitle H—Reproductive treatment and services Sec. 171. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services. Sec. 172. Reproductive treatment and care for spouses and surrogates of veterans. Sec. 173. Adoption assistance for severely wounded veterans. Sec. 174. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs. Sec. 175. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment. Sec. 176. Facilitation of reproduction and infertility research. Sec. 177. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs. Sec. 178. Program on assistance for child care for certain veterans. Sec. 179. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces. Subtitle I—Major Medical Facility Leases Sec. 181. Authorization of major medical facility leases. Sec. 182. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. TITLE II—Survivor and Dependent Matters Sec. 201. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children. Sec. 202. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55. Sec. 203. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension. Sec. 204. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment. Sec. 205. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. Sec. 206. Expansion of Yellow Ribbon G.I. Education Enhancement Program. Sec. 207. Benefits for children of certain Thailand service veterans born with spina bifida. Sec. 208. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida. Sec. 209. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces. Sec. 210. Program evaluation on survivors' and dependents' educational assistance authorities. TITLE III—Education Matters Sec. 301. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. Sec. 302. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs. Sec. 303. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill. Sec. 304. Review of utilization of educational assistance to pursue programs of training on the job and participating employers. Sec. 305. Report on debt management and collection. Sec. 306. Restoration of prior reporting fee multipliers. TITLE IV—Employment and Related Matters Subtitle A—Training and other services for veterans seeking employment Sec. 401. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses. Subtitle B—Employment of veterans and recognition of veteran status with respect to employment related matters Sec. 411. Employment of veterans with the Federal Government. Sec. 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans. Sec. 413. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market. Subtitle C—Improving employment and reemployment rights of members of the uniformed services Sec. 421. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services. Subtitle D—Small Business Matters Sec. 431. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans. Sec. 432. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners. Sec. 433. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences. Sec. 434. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States. Sec. 435. Report on assistance for veterans in obtaining training on purchasing and operating a franchise. TITLE V—Accountability and Administrative Improvements Sec. 501. Administration of Veterans Integrated Service Networks. Sec. 502. Regional support centers for Veterans Integrated Service Networks. Sec. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities. Sec. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs. Sec. 505. Public access to Department of Veterans Affairs research and data sharing between Departments. Sec. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration. Sec. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs. TITLE VI—Improvement of Processing of Claims for Compensation Subtitle A—Claims Based on Military Sexual Trauma Sec. 601. Medical examination and opinion for disability compensation claims based on military sexual trauma. Sec. 602. Case representative officers for military sexual trauma support. Sec. 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma. Sec. 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma. Subtitle B—Claims for dependency and indemnity compensation Sec. 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims. Sec. 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children. Subtitle C—Agency of Original Jurisdiction Sec. 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment. Sec. 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators. Sec. 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies. Sec. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs. Sec. 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs. Sec. 626. Department of Veterans Affairs notice of average times for processing compensation claims. Sec. 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated. Sec. 628. Reports on use of existing authorities to expedite benefits decisions. Sec. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations. Subtitle D—Board of Veterans' Appeals and Court of Appeals for Veterans Claims Sec. 631. Determination of manner of appearance for hearings before Board of Veterans' Appeals. TITLE VII—Outreach Matters Sec. 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations. Sec. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities. Sec. 703. Advisory committee on outreach activities of Department of Veterans Affairs. Sec. 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care. Sec. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs. Sec. 706. Budget transparency for outreach activities of Department of Veterans Affairs. TITLE VIII—Enhancement of rights under Servicemembers Civil Relief Act Sec. 801. Modification of period determining which actions are covered under stay of proceedings and adjustment of obligation protections concerning mortgages and trust deeds of members of uniformed services. Sec. 802. Protections for members of uniformed services regarding professional licenses. Sec. 803. Prohibition on denial of credit because of eligibility for protection. Sec. 804. Interest rate limitation on debt entered into during military service to consolidate or refinance student loans incurred before military service. Sec. 805. Termination of residential leases after assignment or relocation to quarters of United States or housing facility under jurisdiction of uniformed service. Sec. 806. Protection of surviving spouse with respect to mortgage foreclosure. Sec. 807. Improved protection of members of uniformed services against default judgments. Sec. 808. Clarification regarding application of enforcement authority of Attorney General and private right of action under Servicemembers Civil Relief Act. Sec. 809. Clerical amendments. TITLE IX—Other Matters Sec. 901. Repeal of certain reductions made by Bipartisan Budget Act of 2013. Sec. 902. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension. Sec. 903. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities. Sec. 904. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans. Sec. 905. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans. Sec. 906. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders. Sec. 907. Authority to issue Veterans ID Cards. Sec. 908. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces. Sec. 909. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of the Treasury and Commissioner of Social Security for income verification purposes. Sec. 910. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans. Sec. 911. Eligibility for interment in national cemeteries for certain naturalized individuals. Sec. 912. Canadian Forces Base Gagetown independent study and registry. Sec. 913. Review of determination of certain service in Philippines during World War II. Sec. 914. Review of determination of certain service of merchant mariners during World War II. Sec. 915. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss. Sec. 916. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans. Sec. 917. Designation of American World War II Cities. 2. References to title 38, United States Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. I Health Care Matters A Improvement of Access to Care by Strengthening Management, Technology, and Metrics 101. Implementation of upgraded Department of Veterans Affairs electronic scheduling system for appointments for receipt of health care from the Department (a) Implementation (1) In general Not later than March 31, 2016, the Secretary of Veterans Affairs shall fully implement an upgraded and centralized electronic scheduling system described in subsection (b) for appointments by eligible individuals for health care from the Department of Veterans Affairs. (2) Agile software development methodologies In implementing the upgraded electronic scheduling system required by paragraph (1), the Secretary shall use agile software development methodologies to fully implement portions of such system every 180 days beginning on the date on which the Secretary begins the implementation of such system, or enters into a contract for the implementation of such system, and ending on the date on which such system is fully implemented. (b) Electronic scheduling system The upgraded electronic scheduling system described in this subsection shall include mechanisms to achieve the following: (1) An efficient and effective graphical user interface with a calendar view for use by employees of the Department in scheduling appointments that enables error-free scheduling of the health care resources of the Department. (2) A capability to assist employees of the Department to easily and consistently implement policies of the Department with respect to scheduling of appointments, including with respect to priority for appointments for certain eligible individuals. (3) A capability for employees of the Department to sort and view through a unified interface the availability for each health care provider of the Department or other health care resource of the Department. (4) A capability for employees of the Department to sort and view appointments for and appointment requests made by a particular eligible individual. (5) A capability for seamless coordination of appointments for primary care, specialty care, consultations, or any other health care matter among facilities of the Department. (6) A capability for eligible individuals to access the system remotely and schedule appointments directly through the system. (7) An electronic timestamp of each activity made by an eligible individual or on behalf of such individual with respect to an appointment or the scheduling of an appointment that shall be kept in the medical record of such individual. (8) A seamless connection to the Computerized Patient Record System of the Department so that employees of the Department, when scheduling an appointment for an eligible individual, have access to recommendations from the health care provider of such individual with respect to when such individual should receive an appointment. (9) A capability to provide automated reminders to eligible individuals on upcoming appointments through various electronic and voice media. (10) A capability to provide automated reminders to employees of the Department when an eligible individual who is on the wait-list for an appointment becomes eligible to schedule an appointment. (11) A dashboard capability to support efforts to track the following metrics in aggregate and by medical facility with respect to health care provided to eligible individuals under the laws administered by the Secretary: (A) The number of days into the future that the schedules of health care providers are available to schedule an appointment. (B) The number of providers available to see patients each day. (C) The number of support personnel working each day. (D) The types of appointments available. (E) The rate at which patients fail to appear for appointments. (F) The number of appointments canceled by a patient on a daily basis. (G) The number of appointments canceled by a health care provider on a daily basis. (H) The number of patients on the wait list at any given time. (I) The number of appointments scheduled on a daily basis. (J) The number of appointments available to be scheduled on a daily basis. (K) The number of patients seen on a daily, weekly, and monthly basis. (L) Wait-times for an appointment with a health care provider of the Department. (M) Wait-times for an appointment with a non-Department health care provider. (N) Wait-times for a referral to a specialist or consult. (12) A capability to provide data on the capacity of medical facilities of the Department for purposes of determining the resources needed by the Department to provide health care to eligible individuals. (13) Any other capabilities as specified by the Secretary for purposes of this section. (c) Plan (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan for implementing the upgraded electronic scheduling system required by subsection (a). (2) Elements The plan required by paragraph (1) shall include the following: (A) A description of the priorities of the Secretary for implementing the requirements of the system under subsection (b). (B) A detailed description of the manner in which the Secretary will fully implement such system, including deadlines for completing each such requirement. (3) Update Not later than 90 days after the submittal of the plan required by paragraph (1), and not less frequently than every 90 days thereafter until such system is fully implemented, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an update on the status of the implementation of such plan. (d) Use of amounts The Secretary may use amounts available to the Department of Veterans Affairs for the appropriations account under the heading Medical Services (e) Eligible individual defined In this section, the term eligible individual 102. Independent assessment of the scheduling process for medical appointments for care from Department of Veterans Affairs (a) Independent assessment (1) Contract Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with an independent third party to assess the process at each medical facility of the Department of Veterans Affairs for scheduling appointments for veterans to receive hospital care, medical services, or other health care from the Department. (2) Elements In carrying out the assessment required by paragraph (1), the independent third party shall do the following: (A) Review all training materials pertaining to scheduling of appointments at each medical facility of the Department. (B) Assess whether all employees of the Department conducting tasks related to scheduling are properly trained for conducting such tasks. (C) Assess whether changes in the technology or system used in scheduling appointments are necessary to limit access to the system to only those employees that have been properly trained in conducting such tasks. (D) Assess whether health care providers of the Department are making changes to their schedules that hinder the ability of employees conducting such tasks to perform such tasks. (E) Assess whether the establishment of a centralized call center throughout the Department for scheduling appointments at medical facilities of the Department would improve the process of scheduling such appointments. (F) Assess whether booking templates for each medical facility or clinic of the Department would improve the process of scheduling such appointments. (G) Recommend any actions to be taken by the Department to improve the process for scheduling such appointments, including the following: (i) Changes in training materials provided to employees of the Department with respect to conducting tasks related to scheduling such appointments. (ii) Changes in monitoring and assessment conducted by the Department of wait-times of veterans for such appointments. (iii) Changes in the system used to schedule such appointments, including changes to improve how the Department— (I) measures wait-times of veterans for such appointments; (II) monitors the availability of health care providers of the Department; and (III) provides veterans the ability to schedule such appointments. (iv) Such other actions as the independent third party considers appropriate. (3) Timing The independent third party carrying out the assessment required by paragraph (1) shall complete such assessment not later than 180 days after entering into the contract described in such paragraph. (b) Report Not later than 90 days after the date on which the independent third party completes the assessment under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of such assessment. 103. Modification of liability for breach of period of obligated service under Health Professionals Educational Assistance Program for primary care physicians Section 7617 is amended— (1) in subsection (c)(1), by striking If a participant Except as provided in subsection (d), if a participant (2) by adding at the end the following new subsection: (d) Liability shall not arise under subsection (c) in the case of a participant otherwise covered by that subsection who has pursued a course of education or training in primary care if— (1) the participant— (A) does not obtain, or fails to maintain, employment as a Department employee due to staffing changes approved by the Under Secretary for Health; or (B) does not obtain, or fails to maintain, employment in a position of primary care physician in the Veterans Health Administration due, as determined by the Secretary, to a number of primary care physicians in the Administration that is excess to the needs of the Administration; and (2) the participant agrees to accept and maintain employment as a primary care physician with another department or agency of the Federal Government (with such employment to be under such terms and conditions as are jointly agreed upon by the participant, the Secretary, and the head of such department or agency, including terms and conditions relating to a period of obligated service as a primary care physician with such department or agency) if such employment is offered to the participant by the Secretary and the head of such department or agency. . 104. Program of education at Uniformed Services University of the Health Sciences with specialization in primary care (a) Program required under Health Professionals Educational Assistance Program (1) In general Chapter 76 is amended by adding after subchapter VII the following new subchapter: VIII Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care 7691. Authority for program As part of the Educational Assistance Program, the Secretary shall, in collaboration with the Secretary of Defense, carry out a program to permit individuals to enroll in the Uniformed Services University of the Health Sciences under chapter 104 of title 10 to pursue a medical education with a specialization in primary care. The program shall be known as the Department of Veterans Affairs Primary Care Educational Assistance Program (in this chapter referred to as the Primary Care Educational Assistance Program 7692. Selection; agreement; ineligibility for certain other educational assistance (a) Selection (1) Medical students at the Uniformed Services University of the Health Sciences pursuant to the Primary Care Educational Assistance Program shall be selected by the Secretary, in consultation with the Secretary of Defense, in accordance with procedures established by the Secretaries for purposes of the Program. (2) The procedures referred to in paragraph (1) shall emphasize the basic requirement that students demonstrate a motivation and dedication to a medical career in primary care. (3) The number of medical students selected each year for first-year enrollment in the University pursuant to this subsection shall be jointly determined by the Secretary and the Secretary of Defense. (b) Agreement An agreement between the Secretary and a participant in the Primary Care Educational Assistance Program shall (in addition to the requirements set forth in section 7604 of this title) include the following: (1) The Secretary's agreement to cover the costs of the participant's education and training at the Uniformed Services University of the Health Sciences under chapter 104 of title 10 as if the participant were a medical student enrolled in the University pursuant to section 2114 (2) The participant's agreement to serve as a full-time employee in the Veterans Health Administration in a position as a primary care physician for a period of time (in this subchapter referred to as the period of obligated service (c) Ineligibility for other educational assistance An individual who receives education and training under the Primary Care Educational Assistance Program shall not be eligible for other assistance under this chapter in connection with such education and training. 7693. Obligated service (a) In general Each participant in the Primary Care Educational Assistance Program shall provide service as a full-time employee of the Department in the Veterans Health Administration in a primary care position for the period of obligated service provided in the agreement of the participant entered into for purposes of this subchapter. Such service shall be provided in a full-time primary care clinical practice in an assignment or location determined by the Secretary. (b) Service commencement date (1) Not later than 60 days before a participant's service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant's period of obligated service. (2) As soon as possible after a participant's service commencement date, the Secretary shall— (A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and (B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant's course of education or training prepared the participant, assign the participant to such a position. (3) A participant's service commencement for purposes of this subsection date is the date upon which the participant becomes licensed to practice medicine in a State. (c) Commencement of obligated service A participant in the Primary Care Educational Assistance Program shall be considered to have begun serving the participant's period of obligated service— (1) on the date on which the participant is appointed as a full-time employee in the Veterans Health Administration pursuant to subsection (b)(2)(A); or (2) if the participant is a full-time employee in the Veterans Health Administration and assigned to a position pursuant to subsection (b)(2)(B), on the date on which the participant is so assigned to such position. 7694. Breach of agreement: liability (a) Liability during course of education or training (1) A participant in the Primary Care Educational Assistance Program shall be liable to the United States for the amount which has been paid on behalf of the participant under the agreement entered into for purposes of this subchapter if any of the following occurs: (A) The participant fails to maintain an acceptable level of academic standing in the Uniformed Services University of the Health Sciences. (B) The participant is dismissed from the Uniformed Services University of the Health Sciences for disciplinary reasons. (C) The participant voluntarily terminates the course of medical education and training in the Uniformed Services University of the Health Sciences before the completion of such course of education and training. (D) The participant fails to become licensed to practice medicine in a State during a period of time determined under regulations prescribed by the Secretary. (2) Liability under this subsection is in lieu of any service obligation arising under a participant's agreement for purposes of this subchapter. (b) Liability during period of obligated service (1) Except as provided in subsection (c) and subject to paragraph (2), if a participant in the Primary Care Educational Assistance Program breaches the agreement entered into for purposes of this subchapter by failing for any reason to complete the participant's period of obligated service, the United States shall be entitled to recover from the participant an amount equal to— (A) the total amount paid under this subchapter on behalf of the participant; multiplied by (B) a fraction— (i) the numerator of which is— (I) the total number of months in the participant's period of obligated service; minus (II) the number of months served by the participant pursuant to the agreement; and (ii) the denominator of which is the total number of months in the participant's period of obligated service. (2) Any period of internship or residency training of a participant shall not be treated as satisfying the participant's period of obligated service for purposes of this subsection. (c) Exceptions Liability shall not arise under subsection (b) in the case of a participant otherwise covered by that subsection if— (1) the participant— (A) does not obtain, or fails to maintain, employment as a Department employee due to staffing changes approved by the Under Secretary for Health; or (B) does not obtain, or fails to maintain, employment in a position of primary care physician in the Veterans Health Administration due, as determined by the Secretary, to a number of primary care physicians in the Administration that is excess to the needs of the Administration; and (2) the participant agrees to accept and maintain employment as a primary care physician with another department or agency of the Federal Government (with such employment to be under such terms and conditions as are jointly agreed upon by the participant, the Secretary, and the head of such department or agency, including terms and conditions relating to a period of obligated service as a primary care physician with such department or agency) if such employment is offered to the participant by the Secretary and the head of such department or agency. 7695. Funding (a) In general Amounts for the Primary Care Educational Assistance Program shall be derived from amounts available to the Secretary for the Veterans Health Administration. (b) Transfer (1) The Secretary shall transfer to the Secretary of Defense amounts required by the Secretary of Defense to carry out the Primary Care Educational Assistance Program. (2) Amounts transferred to the Secretary of Defense pursuant to paragraph (1) shall be credited to the appropriation or account providing funding for the Uniformed Services University of the Health Sciences. Amounts so credited shall be merged with amounts in the appropriation or account to which credited and shall be available, subject to the terms and conditions applicable to such appropriation or account, for the Uniformed Services University of the Health Sciences. . (2) Clerical amendment The table of sections at the beginning of chapter 76 is amended by adding after the item relating to section 7684 the following: SUBCHAPTER VIII—Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care 7691. Authority for program. 7692. Selection; agreement; ineligibility for certain other educational assistance. 7693. Obligated service. 7694. Breach of agreement: liability. 7695. Funding. . (b) Inclusion of program in Health Professionals Educational Assistance Program Section 7601(a) is amended— (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 new paragraph: (6) the enrollment of individuals in the Uniformed Services University of the Health Sciences for specialization in primary care provided for in subchapter VIII of this chapter. . (c) Application requirements (1) In general Subsection (a)(1) of section 7603 is amended in the matter preceding subparagraph (A) by striking , or VI , VI, or VIII (2) No priority for applications Subsection (d) of such section is amended— (A) by striking In selecting (1) Except as provided in paragraph (2), in selecting (B) by adding at the end the following new paragraph: (2) Paragraph (1) shall not apply with respect to applicants for participation in the Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care pursuant to subchapter VIII of this chapter. . (d) Agreement requirements Section 7604 is amended by striking , or VI , VI, or VIII 105. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs (a) Staffing shortage (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall determine, and publish in the Federal Register, the five occupations of health care providers of the Department of Veterans Affairs for which there is the largest staffing shortage throughout the Department. (2) Recruitment and appointment Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary may, upon a determination by the Secretary under paragraph (1) or a modification to such determination under paragraph (2), that there is a staffing shortage throughout the Department with respect to a particular occupation of health care provider, recruit and directly appoint highly qualified health care providers to a position to serve as a health care provider in that particular occupation for the Department. (3) Priority in Health Professionals Educational Assistance Program to certain providers Section 7612(b)(5) is amended— (A) in subparagraph (A), by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) shall give priority to applicants pursuing a course of education or training towards a career in an occupation for which the Secretary has, in the most current determination published in the Federal Register pursuant to section 105(a)(1) of the Restoring Veterans Trust Act of 2014 . (b) Reports (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even numbered year thereafter until 2024, 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 assessing the staffing of each medical facility of the Department of Veterans Affairs. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) The results of a system-wide assessment of all medical facilities of the Department to ensure the following: (i) Appropriate staffing levels for health care providers to meet the goals of the Secretary for timely access to care for veterans. (ii) Appropriate staffing levels for support personnel, including clerks. (iii) Appropriate sizes for clinical panels. (iv) Appropriate numbers of full-time staff, or full-time equivalent, dedicated to direct care of patients. (v) Appropriate physical plant space to meet the capacity needs of the Department in that area. (vi) Such other factors as the Secretary considers necessary. (B) A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues. (C) A list of the current wait times and workload levels for the following clinics in each medical facility: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (D) A description of the results of the determination of the Secretary under paragraph (1) of subsection (a) and a plan to use direct appointment authority under paragraph (2) of such subsection to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted. (E) The current staffing models of the Department for the following clinics, including recommendations for changes to such models: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (F) A detailed analysis of succession planning at medical facilities of the Department, including the following: (i) The number of positions in medical facilities throughout the Department that are not filled by a permanent employee. (ii) The length of time each such position described in clause (i) remained vacant or filled by a temporary or acting employee. (iii) A description of any barriers to filling the positions described in clause (i). (iv) A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days. (v) A plan for handling emergency circumstances, such administrative leave or sudden medical leave for senior officials. (G) The number of health care providers who have been removed from their position or have retired, by provider type, during the two-year period preceding the submittal of the report. (H) Of the health care providers specified in subparagraph (G) that have been removed from their position, the following: (i) The number of such health care providers who were reassigned to another position in the Department. (ii) The number of such health care providers who left the Department. 106. Clinic management training program of the Department of Veterans Affairs (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, medical facilities of the Department of Veterans Affairs. (b) Elements The clinic management training program required by subsection (a) shall include the following: (1) Training on how to manage the schedules of health care providers of the Department, including the following: (A) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance. (B) Proper planning procedures for vacation, leave, and graduate medical education training schedules. (2) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty. (3) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots. (4) Training on how to properly use the data produced by the scheduling dashboard required by section 101(b)(11) of this Act to meet demand for health care, including the following: (A) Training on determining the next available appointment for each health care provider at the medical facility. (B) Training on determining the number of health care providers needed to meet demand for health care at the medical facility. (C) Training on determining the number of exam rooms needed to meet demand for such health care in an efficient manner. (5) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department. (6) Training on how to optimize the use of technology, including the following: (A) Telemedicine. (B) Electronic mail. (C) Text messaging. (D) Such other technologies as specified by the Secretary. (7) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff. 107. Inclusion of Department of Veterans Affairs facilities in National Health Service Corps Scholarship and loan repayment programs (a) In general The Secretary of Health and Human Services shall use the funds transferred under subsection (e) to award scholarship and loan repayment contracts under sections 338A and 338B of the Public Health Service Act ( 42 U.S.C. 254l (b) Health professional shortage areas For purposes of selecting individuals eligible for the scholarships and loan repayment contracts under subsection (a), all health facilities of the Department of Veterans Affairs shall be deemed health professional shortage areas, as defined in section 332 of the Public Health Service Act ( 42 U.S.C. 254e (c) Requirement The Secretary of Health and Human Services shall ensure that a minimum of 5 scholarships or loan repayment contracts are awarded to individuals who agree to a period of obligated service at Veterans Affairs facilities in each State. (d) Applicability of NHSC program requirements Except as otherwise provided in this section, the terms of the National Health Service Corps Scholarship Program and the National Health Service Corps Loan Repayment Program shall apply to participants awarded a grant or loan repayment contract under subsection (a) in the same manner that such terms apply to participants awarded a grant or loan repayment contract under section 338A or 338B of the Public Health Service Act. (e) Inclusion of geriatricians For purposes of awarding scholarships and loan repayments contracts to eligible individuals who agree to a period of obligated service at a health facility of the Department of Veterans Affairs pursuant to this section, in sections 338A and 338B of the Public Health Service Act ( 42 U.S.C. 254l primary health services (f) Funding The Secretary of Veterans Affairs shall transfer $20,000,000 from accounts of the Veterans Health Administration to the Secretary of Health and Human Services to award scholarships and loan repayment contracts, as described in subsection (a). All funds so transferred shall be used exclusively for the purposes described in such subsection. 108. Improvement of access by veterans to health care from non-Department of Veterans Affairs providers (a) Improvement of access (1) In general The Secretary of Veterans Affairs shall ensure timely access of all veterans to the hospital care, medical services, and other health care for which such veterans are eligible under the laws administered by the Secretary through the enhanced use of authorities specified in paragraph (2) on the provision of such care and services through non-Department of Veterans Affairs providers (commonly referred to as non-Department of Veterans Affairs medical care (2) Authorities on provision of care through non-Department providers The authorities specified in this paragraph are the following: (A) Section 1703 (B) Section 1725 of such title, relating to reimbursement of certain veterans for the reasonable value of emergency treatment at non-Department facilities. (C) Section 1728 of such title, relating to reimbursement of certain veterans for customary and usual charges of emergency treatment from sources other than the Department. (D) Section 1786 of such title, relating to health care services furnished to newborn children of women veterans who are receiving maternity care furnished by the Department at a non-Department facility. (E) Any other authority under the laws administered by the Secretary to provide hospital care, medical services, or other health care from a non-Department provider, including the following: (i) A Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (ii) The Department of Defense. (iii) The Indian Health Service. (3) Requirements In ensuring timely access of all veterans to the care and services described in paragraph (1) through the enhanced use of authorities specified in paragraph (2), the Secretary shall require the following: (A) That each veteran who has not received hospital care, medical services, or other health care from the Department and is seeking an appointment for primary care under the laws administered by the Secretary receive an appointment for primary care at a time consistent with timeliness measures established by the Secretary for purposes of providing primary care to all veterans. (B) That the determination whether to refer a veteran for specialty care through a non-Department provider shall take into account the urgency and acuity of such veteran's need for such care, including— (i) the severity of the condition of such veteran requiring specialty care; and (ii) the wait-time for an appointment with a specialist with respect to such condition at the nearest medical facility of the Department with the capacity to provide such care. (C) That the determination whether a veteran shall receive hospital care, medical services, or other health care from the Department through facilities of the Department or through non-Department providers pursuant to the authorities specified in paragraph (2) shall take into account, in the manner specified by the Secretary, the following: (i) The distance the veteran would be required to travel to receive care or services through a non-Department provider compared to the distance the veteran would be required to travel to receive care or services from a medical facility of the Department. (ii) Any factors that might limit the ability of the veteran to travel, including age, access to transportation, and infirmity. (iii) The wait-time for the provision of care or services through a non-Department provider compared to the wait-time for the provision of care or services from a medical facility of the Department. (D) That the Department maximize the use of hospital care, medical services, and other health care available to the Department through non-Department providers, including providers available to provide such care and services as follows: (i) Pursuant to contracts under the Patient-Centered Community Care Program of the Department. (ii) Pursuant to contracts between a facility or facilities of the Department and a local facility or provider. (iii) Pursuant to contracts with Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iv) On a fee-for-service basis. (b) Medical records In providing hospital care, medical services, and other health care to veterans through non-Department providers pursuant to the authorities specified in paragraph (2), the Secretary shall ensure that any such provider submits to the Department any medical record related to the care and services provided to a veteran by that provider for inclusion in the electronic medical record of such veteran maintained by the Department upon the completion of the provision of such care and services to such veteran. (c) Reports (1) Initial report Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of the requirements under subsections (a) and (b), including a plan to enforce the proper implementation of such requirements systematically throughout the Department. (2) Periodic reports Not later than 90 days after the submittal of the report required by paragraph (1), and every 90 days thereafter for one year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) The progress of the Secretary in carrying out the plan under paragraph (1) to enforce the proper implementation of the requirements under subsections (a) and (b) systematically throughout the Department. (B) The impact of the implementation of such requirements on wait-times for veterans to receive hospital care, medical services, and other health care, disaggregated by— (i) new patients; (ii) existing patients; (iii) primary care; and (iv) specialty care. (C) Any recommendations for changes or improvements to such requirements. (D) Any requests for additional funding necessary to carry out such requirements. 109. Extension of and report on joint incentives program of Department of Veterans Affairs and Department of Defense (a) Extension Section 8111(d)(3) is amended by striking September 30, 2015 September 30, 2020 (b) Reports (1) Report on implementation of recommendations Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to Congress a report on the implementation by the Department of Veterans Affairs and the Department of Defense of the findings and recommendations of the Comptroller General of the United States in the September 2012 report entitled VA and DoD Health Care: Department-Level Actions Needed to Assess Collaboration Performance, Address Barriers, and Identify Opportunities (2) Comptroller General report (A) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report assessing and providing recommendations for improvement to the program to identify, provide incentives to, implement, fund, and evaluate creative coordination and sharing initiatives between the Department of Veterans Affairs and the Department of Defense required under section 8111(d) of such title. (B) Elements The report required by subparagraph (A) shall include the following: (i) An assessment of the extent to which the program described in subparagraph (A) has accomplished the goal of such program to improve the access to, and quality and cost effectiveness of, the health care provided by the Veterans Health Administration and the Military Health System to the beneficiaries of both the Department of Veterans Affairs and the Department of Defense. (ii) An assessment of whether administration of such program through the Health Executive Committee of the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of such title provides sufficient leadership attention and oversight to ensure maximum benefits to the Department of Veterans Affairs and the Department of Defense through collaborative efforts. (iii) An assessment of whether additional authorities to jointly construct, lease, or acquire facilities would facilitate additional collaborative efforts under such program. (iv) An assessment of whether the funding for such program is sufficient to ensure consistent identification of potential opportunities for collaboration and oversight of existing collaborations to ensure a meaningful partnership between the Department of Veterans Affairs and the Department of Defense and remove any barriers to integration or collaboration. (v) An assessment of whether existing processes for identifying opportunities for collaboration are sufficient to ensure maximum collaboration between the Veterans Health Administration and the Military Health System. (vi) Such legislative or administrative recommendations for improvement to such program as the Comptroller General considers appropriate to enhance the use of such program to increase access to health care. 110. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department (a) Transfer of authority (1) In general Effective on October 1, 2014, the Secretary of Veterans Affairs shall transfer the authority to pay for hospital care, medical services, and other health care through non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department of Veterans Affairs from the Veterans Integrated Service Networks and medical centers of the Department of Veterans Affairs. (2) Manner of care The Chief Business Office shall work in consultation with the Office of Clinical Operations and Management of the Department of Veterans Affairs to ensure that care and services described in paragraph (1) is provided in a manner that is clinically appropriate and effective. (3) No delay in payment The transfer of authority under paragraph (1) shall be carried out in a manner that does not delay or impede any payment by the Department for hospital care, medical services, or other health care provided through a non-Department provider under the laws administered by the Secretary. (b) Budgetary effect The Secretary shall, for each fiscal year that begins after the date of the enactment of this Act— (1) include in the budget for the Chief Business Office of the Veterans Health Administration amounts to pay for hospital care, medical services, and other health care provided through non-Department providers, including any amounts necessary to carry out the transfer of authority to pay for such care and services under subsection (a), including any increase in staff; and (2) not include in the budget of each Veterans Integrated Service Network and medical center of the Department amounts to pay for such care and services. (c) Removal from performance goals For each fiscal year that begins after the date of the enactment of this Act, the Secretary shall not include in the performance goals of any employee of a Veterans Integrated Service Network or medical center of the Department any performance goal that might disincentivize the payment of Department amounts to provide hospital care, medical services, or other health care through a non-Department provider. 110A. Contracting for hospital care, medical services, and other health care (a) Use of contracts with certain entities (1) In general In providing hospital care, medical services, and other health care under the laws administered by the Secretary of Veterans Affairs through the use of contracts, the Secretary shall prioritize the use of contracts or agreements with Federally Qualified Health Centers (FQHCs), medical facilities receiving funding from the Indian Health Service, and the Department of Defense. (2) Plan on increased use of contracts The Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, the Secretary of Health and Human Services, and the Director of the Indian Health Service, develop a plan to increase the use of contracts described in paragraph (1) to improve the ability of the Department of Veterans Affairs to provide hospital care, medical services, and other health care to veterans. (3) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the plan required by paragraph (2). (b) Best practices The Secretary shall modify the guidance of the Department of Veterans Affairs on contracts for hospital care, medical services, and other health care in order to provide for the incorporation into such contracts of standardized requirements for best practices under such contracts, including the following: (1) Requirements that contracts provide the Department on a regular basis information on scheduling and appearance for appointments for hospital care, medical services, and other health care on per-patient basis. (2) Such other best practices requirements as the Secretary considers appropriate. (c) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) 110B. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service (a) Outreach to tribal-Run medical facilities The Secretary of Veterans Affairs shall, in consultation with the Director of the Indian Health Service, conduct outreach to each medical facility operated by an Indian tribe or tribal organization through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (b) Metrics for memorandum of understanding performance The Secretary of Veterans Affairs shall implement performance metrics for assessing the performance by the Department of Veterans Affairs and the Indian Health Service under the memorandum of understanding entitled Memorandum of Understanding between the Department of Veterans Affairs (VA) and the Indian Health Service (IHS) (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Director of the Indian Health Service shall jointly submit to Congress a report on the feasibility and advisability of the following: (1) Entering into agreements for the reimbursement by the Secretary of the costs of direct care services provided through organizations receiving amounts pursuant to grants made or contracts entered into under section 503 of the Indian Health Care Improvement Act (25 U.S.C. 1653) to veterans who are otherwise eligible to receive health care from such organizations. (2) Including the reimbursement of the costs of direct care services provided to veterans who are not Indians in agreements between the Department and the following: (A) The Indian Health Service. (B) An Indian tribe or tribal organization operating a medical facility through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (C) A medical facility of the Indian Health Service. (d) Definitions In this section: (1) Indian The terms Indian Indian tribe (2) Medical facility of the Indian Health Service The term medical facility of the Indian Health Service 25 U.S.C. 450 et seq. (3) Tribal organization The term tribal organization 25 U.S.C. 450b 110C. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems (a) In general The Secretary of Veterans Affairs shall, in consultation with Papa Ola Lokahi and such other organizations involved in the delivery of health care to Native Hawaiians as the Secretary considers appropriate, enter into contracts or agreements with Native Hawaiian health care systems that are in receipt of funds from the Secretary of Health and Human Services pursuant to grants awarded or contracts entered into under section 6(a) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705(a) (b) Definitions In this section, the terms Native Hawaiian Native Hawaiian health care system Papa Ola Lokahi 42 U.S.C. 11711 110D. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs (a) Improvement of access (1) In general The Secretary of Veterans Affairs shall improve the access of veterans to telemedicine and other health care through the use of mobile vet centers of the Department of Veterans Affairs by providing standardized requirements for the operation of such centers. (2) Requirements The standardized requirements required by paragraph (1) shall include the following: (A) The number of days each mobile vet center of the Department is expected to travel per year. (B) The number of locations each center is expected to visit per year. (C) The number of appointments each center is expected to conduct per year. (D) The method and timing of notifications given by each center to individuals in the area to which such center is traveling, including notifications informing veterans of the availability to schedule appointments at the center. (3) Use of telemedicine The Secretary shall ensure that each mobile vet center of the Department has the capability to provide telemedicine services. (b) Reports Not later than one year after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) The use of mobile vet centers to provide telemedicine services to veterans during the year preceding the submittal of the report, including the following: (A) The number of days each mobile vet center was open to provide such services. (B) The number of days each mobile vet center traveled to a location other than the headquarters of the mobile vet center to provide such services. (C) The number of appointments each center conducted to provide such services on average per month and in total during such year. (2) An analysis of the effectiveness of using mobile vet centers to provide health care services to veterans through the use of telemedicine. (3) Any recommendations for an increase in the number of mobile vet centers of the Department. (4) Any recommendations for an increase in the telemedicine capabilities of each mobile vet center. (5) The feasibility and advisability of using temporary health care providers, including locum tenens, to provide direct health care services to veterans at mobile vet centers. (6) Such other recommendations on improvement of the use of mobile vet centers by the Department as the Secretary considers appropriate. 110E. Commission on Access to Care (a) Establishment of commission (1) In general There is established the Commission on Access to Care (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall be composed of 10 voting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (ii) At least one member from among persons who are experts concerning a public or private hospital system. (iii) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iv) At least two members from among persons who are familiar with the Veterans Health Administration. (B) Nonvoting members In addition to members appointed under subparagraph (A), the Commission shall be composed of 10 nonvoting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (ii) At least one member from among persons who are experts in a public or private hospital system. (iii) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iv) At least two members from among persons who are familiar with the Veterans Health Administration. (C) Date The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Evaluation and assessment The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs. (2) Matters evaluated and assessed The matters evaluated and assessed by the Commission shall include the following: (A) The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care. (B) The measurement of such standards. (C) The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A). (D) Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration. (3) Reports The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (B) Not later than 180 days after the date of the initial meeting of the Commission, a final report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (c) Powers of the commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of the commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive action (1) Action on recommendations The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President— (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom. 110F. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) Removal or transfer (1) In general Chapter 7 is amended by adding at the end the following new section: 713. Senior Executive Service: removal based on performance (a) In general The Secretary may remove any individual from the Senior Executive Service if the Secretary determines the performance of the individual warrants such removal. If the Secretary so removes such an individual, the Secretary may— (1) remove the individual from the civil service (as defined in section 2101 (2) transfer the individual to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate. (b) Notice to Congress Not later than 30 days after removing or transferring an individual from the Senior Executive Service under paragraph (1), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice in writing of such removal or transfer and the reason for such removal or transfer. (c) Appeal of removal or transfer Any removal or transfer under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 (d) Expedited review by Merit Systems Protection Board (1) The Merit Systems Protection Board shall expedite any appeal under section 7701 (2) In any case in which the Merit Systems Protection Board determines that it cannot issue a decision in accordance with the 21-day requirement under paragraph (1), the Merit Systems Protection Board shall submit to Congress a report that explains the reason why the Merit Systems Protection Board is unable to issue a decision in accordance with such requirement in such case. (3) There is authorized to be appropriated such sums as may be necessary for the Merit Systems Protection Board to expedite appeals under paragraph (1). (4) The Merit Systems Protection Board may not stay any personnel action taken under this section. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. . (b) Establishment of expedited review process (1) In general Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with section 713(d) (2) Inapplicability of certain regulations Section 1201.22 section 713(d) (3) Report by Merit Systems Protection Board Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to Congress a report on the actions the Board plans to take to conduct expedited reviews under section 713(d) (c) Temporary exemption from certain limitation on initiation of removal from Senior Executive Service During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Department of Veterans Affairs pursuant to section 713 section 7543 section 3592(b) (d) Construction Nothing in this section or section 713 110G. Authorization of emergency appropriations There is authorized to be appropriated for the Department of Veterans Affairs such sums as may be necessary to carry out sections 103 through 110C of this Act. B Expansion and Improvements of Benefits Generally 111. Further extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war Section 1710(e)(3) is amended— (1) in subparagraph (A), by striking the date that is five years before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, after a period of five years January 27, 2003, after a period of 10 years (2) in subparagraph (B), by striking more than five years before January 28, 2003, and who did not enroll in the patient enrollment system under section 1705 of this title before January 28, 2008, after January 27, 2018. 112. Expansion of assistance and support services for caregivers of veterans (a) Expansion of eligible veterans Subsection (a)(2)(B) of section 1720G is amended— (1) by striking service on or after September 11, 2001; and (i) on or after September 11, 2001; or (ii) that— (I) is rated as 50 percent or more disabling on the schedule of rating for disabilities of the Department; and (II) requires the maximum amount and degree of personal care services allowed under that schedule. . (b) Support services provided under program of general caregiver support services Subsection (b)(3)(A) of such section is amended— (1) in clause (i)— (A) by redesignating subclauses (II) and (III) as subclauses (III) and (IV), respectively; and (B) by inserting after subclause (I) the following new subclause (II): (II) for caregivers undergoing educational sessions pursuant to subclause (I), payment of necessary travel, lodging, and per diem expenses incurred by such caregivers in undergoing such educational sessions in such amounts as the Secretary shall prescribe for purposes of this subclause; ; (2) by striking clause (iii) and inserting the following new clause: (iii) Respite care of not less than 30 days annually that is medically and age-appropriate, including in-home care and 24-hour per day care of the veteran commensurate with the care provided by the caregiver to permit extended respite. ; (3) by redesignating clause (iv) as clause (v); and (4) by inserting after clause (iii) the following new clause (iv): (iv) Such mental health services as the Secretary considers appropriate. . (c) Effective date The amendments made by this section shall take effect on October 1, 2015. 113. Improved access to appropriate immunizations for veterans (a) Inclusion of recommended adult immunizations as medical services (1) Covered benefit Subparagraph (F) of section 1701(9) is amended to read as follows: (F) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; . (2) Recommended adult immunization schedule defined Section 1701 is amended by adding after paragraph (9) the following new paragraph: (10) The term recommended adult immunization schedule . (b) Inclusion of recommended adult immunizations in annual report Section 1704(1)(A) is amended— (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by inserting after clause (ii) the following new clause: (iii) to provide veterans each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. . (c) Report to Congress (1) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the development and implementation by the Department of Veterans Affairs of quality measures and metrics, including targets for compliance, to ensure that veterans receiving medical services under chapter 17 of title 38, United States Code, receive each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. (2) Recommended adult immunization schedule defined In this subsection, the term recommended adult immunization schedule section 1701(10) (3) Effective date This subsection shall take effect on the date that is one year after the date of the enactment of this Act. 114. Expansion of provision of chiropractic care and services to veterans (a) Program for provision of chiropractic care and services to veterans Section 204(c) of the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 ( Public Law 107–135 38 U.S.C. 1710 (1) by inserting (1) The program (2) by adding at the end the following new paragraph: (2) The program shall be carried out at not fewer than two medical centers or clinics in each Veterans Integrated Service Network by not later than one year after the effective date specified in section 114(c) of the Restoring Veterans Trust Act of 2014 . (b) Expanded chiropractor services available to veterans (1) Medical services Paragraph (6) of section 1701 is amended by adding at the end the following new subparagraph: (H) Chiropractic services. . (2) Rehabilitative services Paragraph (8) of such section is amended by inserting chiropractic, counseling, (3) Preventive health services Paragraph (9) of such section is amended— (A) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively; and (B) by inserting after subparagraph (E) the following new subparagraph (F): (F) periodic and preventive chiropractic examinations and services; . (c) Effective date This section and the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 115. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water (a) Modification Section 1710(e)(1)(F) is amended by striking January 1, 1957, August 1, 1953 (or such earlier date for the commencement of exposure to contaminated water at Camp Lejeune as the Secretary, in consultation with the Agency for Toxic Substances and Disease Registry, shall specify), (b) Publication The Secretary of Veterans Affairs shall publish in the Federal Register a notice of any earlier date for the commencement of exposure to contaminated water at Camp Lejeune, North Carolina, for purposes of section 1710(e)(1)(F) of title 38, United States Code, as amended by subsection (a). 116. Expansion of emergency treatment reimbursement for certain veterans (a) In general Section 1725(b)(2)(B) is amended— (1) by inserting (i) (B) (2) by striking the period at the end and inserting ; or (3) by adding at the end the following: (ii) the veteran was unable to receive care under this chapter within such 24-month period because of a waiting period imposed by the Department with respect to a new patient examination of such veteran. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 117. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report (a) Extension of sunset date Subsection (a)(2) of section 111A is amended by striking December 31, 2014 September 30, 2016 (b) Funding available Such section is further amended by adding at the end the following new subsection: (c) Funding There is hereby authorized to be appropriated to the Department to carry out this section the following: (1) For fiscal year 2014, $2,000,000. (2) For each of fiscal years 2015 and 2016, $4,000,000. . (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on— (1) the efforts of the Secretary to carry out the transportation services required by section 111A(a) of title 38, United States Code; (2) the utilization of those services by covered veterans; and (3) the feasibility and advisability of the continuation of the provision of such services after September 30, 2015. 118. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury (a) Extension of program Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C a five-year an eight-year (b) Modification of locations Subsection (b) of such section is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: (1) In general The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. (2) Located in same region as polytrauma centers Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs. . (c) Modification of report requirements Subsection (e) of such section is amended to read as follows: (e) Reports (1) Annual report (A) In general Not later than two years after the date of the enactment of the Restoring Veterans Trust Act of 2014 (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the pilot program during the year preceding the submission of the report. (ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report. (iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. (iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. (2) Final report (A) In general Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on the pilot program. (B) Elements The final report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. (iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program. . (d) Modification of definitions (1) Community-based brain injury residential rehabilitative care services Such section is further amended— (A) in the section heading, by striking assisted living community-based brain injury residential rehabilitative care (B) in subsection (c), in the subsection heading, by striking assisted living community-Based brain injury residential rehabilitative care (C) by striking assisted living community-based brain injury rehabilitative care (D) in subsection (f)(1), by striking and personal care rehabilitation, and personal care (2) Eligible veteran Subsection (f)(3) of such section is amended— (A) in subparagraph (C), by striking ; and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (E) has a traumatic brain injury that is classified as complex-mild to severe. . (e) Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 38 U.S.C. 1710C (f) Effective date The amendments made by this section shall take effect on October 1, 2014. 119. Reauthorization and modification of pilot program of enhanced contract care authority for health care needs of veterans Section 403 of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 (1) in subsection (a)— (A) in paragraph (2), by striking 120 days after the date of the enactment of this Act 90 days after the date of the enactment of the Restoring Veterans Trust Act of 2014 (B) by amending paragraph (4) to read as follows: (4) Program locations The Secretary shall carry out the pilot program at locations in the following Veterans Integrated Service Networks (and such other locations as the Secretary considers appropriate): (A) Veterans Integrated Service Network 1. (B) Veterans Integrated Service Network 6. (C) Veterans Integrated Service Network 15. (D) Veterans Integrated Service Network 18. (E) Veterans Integrated Service Network 19. ; (2) by amending subsection (b) to read as follows: (b) Covered veterans For purposes of the pilot program under this section, a covered veteran is any rural or highly rural veteran who— (1) is— (A) enrolled in the system of patient enrollment established under section 1705(a) (B) eligible for health care under the laws administered by the Secretary and enrolls in such system of patient enrollment not later than 30 days after the veteran begins receiving covered health services under the pilot program; or (C) eligible for health care under section 1710(e)(3) of such title; and (2) resides in a location that is— (A) more than 60 minutes driving distance from the nearest Department health care facility providing primary care services, if the veteran is seeking such services; (B) more than 120 minutes driving distance from the nearest Department health care facility providing acute hospital care, if the veteran is seeking such care; or (C) more than 240 minutes driving distance from the nearest Department health care facility providing tertiary care, if the veteran is seeking such care. ; (3) by redesignating subsection (h) as subsection (j); (4) by inserting after subsection (g) the following new subsections: (h) Appointments In carrying out the pilot program under this section, the Secretary shall ensure that medical appointments for veterans occur during the 30-day period beginning on the date that is 15 days after the date on which the appointment is requested. (i) Outreach The Secretary shall ensure that a veteran eligible for the pilot program under this section is informed of such program. ; and (5) in paragraph (2)(B) of subsection (j), as redesignated by paragraph (3) of this section, by striking the semicolon at the end and inserting ; and C Health Care Administration 121. Extension of Department of Veterans Affairs Health Professional Scholarship Program Section 7619 is amended by striking December 31, 2014 December 31, 2019 122. Expansion of availability of prosthetic and orthotic care for veterans (a) Establishment or expansion of advanced degree programs To expand availability of provision of care The Secretary of Veterans Affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan for carrying out subsection (a). The Secretary shall develop the plan in consultation with veterans service organizations, institutions of higher education with accredited degree programs in prosthetics and orthotics, and representatives of the prosthetics and orthotics field. (c) Funding (1) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $10,000,000 to carry out this section. (2) Availability The amount authorized to be appropriated by paragraph (1) shall remain available for expenditure until September 30, 2017. 123. Limitation on expansion of dialysis pilot program (a) Limitation The Secretary of Veterans Affairs shall not expand the dialysis pilot program to, or expand the capacity to provide additional dialysis care at, any facility owned or leased by the Department that is not an initial facility until after the date that— (1) the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years; (2) an independent analysis of the dialysis pilot program has been conducted at each initial facility, including a consideration and comparison of factors including— (A) the ability of veterans to access care under the dialysis pilot program; (B) the quality of care provided under the dialysis pilot program; and (C) the satisfaction of veterans who have received treatment under the dialysis pilot program; and (3) the report required by subsection (b) has been submitted. (b) Report Not later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that— (1) includes the results of that independent analysis; and (2) addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office. (c) Utilization of existing dialysis resources In order to increase the access of veterans to dialysis care and decrease the travel time of such veterans to receive such care, the Secretary shall fully utilize existing dialysis resources of the Department, including any community dialysis provider with which the Department has entered into a contract or agreement for the provision of such care. (d) Definitions In this section: (1) Dialysis pilot program The term dialysis pilot program (2) Initial facility The term initial facility (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 124. Requirement for Department of Veterans Affairs policy on reporting cases of infectious diseases at facilities of the Department (a) In general Subchapter II of chapter 73 is amended by adding at the end the following new section: 7330B. Reporting of infectious diseases (a) Reporting The Secretary shall ensure that the Department has in effect an up-to-date policy on reporting a notifiable infectious disease diagnosed at a facility under the jurisdiction of the Secretary in accordance with the provisions of State and local law in effect where such facility is located. (b) Notifiable infectious disease For purposes of this section, a notifiable infectious disease is any infectious disease that is— (1) on the list of nationally notifiable diseases published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or (2) covered by a provision of law of a State that requires the reporting of infectious diseases. (c) Performance measures The Secretary shall develop performance measures to assess whether and to what degree the directors of Veterans Integrated Service Networks and Department medical centers are complying with the policy required by subsection (a). . (b) Clerical amendment The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330A the following new item: 7330B. Reporting of infectious diseases. . (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 125. Independent assessment of the Veterans Integrated Service Networks and medical centers of Department of Veterans Affairs (a) Contract (1) In general The Secretary of Veterans Affairs shall seek to enter into a contract with an independent third party to perform the services covered by this section. (2) Timing The Secretary shall seek to enter into the contract described in paragraph (1) not later than 540 days after the date of the enactment of this Act. (b) Independent study (1) In general Under a contract between the Secretary and an independent third party under this section, the third party shall carry out a study— (A) to assess the organizational structures of medical centers of the Department of Veterans Affairs; and (B) to improve succession planning among key leadership roles at Veterans Integrated Service Networks and medical centers of the Department. (2) Matters studied and proposed In carrying out the study, the third party shall— (A) assess whether the organizational structure of the medical centers of the Department is effective for the furnishing of medical services, addressing issues that arise regarding the furnishing of medical services, and addressing standard business operations; (B) propose one organizational chart for Department medical centers with a common set of base position descriptions; (C) propose a base set of medical positions that should be filled to ensure that the health care provided to veterans by the Department is of good quality; and (D) identify which key leadership positions at Veterans Integrated Service Networks and Department medical centers should have succession plans and propose how to implement such plans. (3) Timing The third party shall complete the study under this section not later than 270 days after entering into the contract described in subsection (a). (c) Report Not later than 90 days after the date on which the third party completes the study under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of such study. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 126. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs (a) Requirements (1) In general The first update of the Strategic Plan Refresh for Fiscal Years 2012 through 2014 of the Office of Rural Health of the Department of Veterans Affairs after the date of the enactment of this Act, whether an update or refresh of such Strategic Plan Refresh or a strategic plan to supersede such Strategic Plan Refresh, shall be prepared in accordance with this section. (2) Consultation The Director of the Office of Rural Health shall prepare the update in consultation with the following: (A) The Director of the Health Care Retention and Recruitment Office of the Department. (B) The Director of the Office of Quality and Performance of the Department. (C) The Director of the Office of Care Coordination Services of the Department. (b) Elements The update described in subsection (a) shall include, for the period covered by the update, the following: (1) Goals and objectives for the recruitment and retention by the Veterans Health Administration of health care personnel in rural areas. (2) Goals and objectives for ensuring timeliness and improving quality in the delivery of health care services by the Veterans Health Administration in rural areas through contract and fee-basis providers. (3) Goals and objectives for the implementation, expansion, and enhanced use of telemedicine services by the Veterans Health Administration in rural areas, including through coordination with other appropriate offices of the Department. (4) Goals and objectives for ensuring the full and effective use of mobile outpatient clinics by the Veterans Health Administration for the provision of health care services in rural areas, including goals and objectives for the use of such clinics on a fully mobile basis and for encouraging health care providers who provide services through such clinics to do so in rural areas. (5) Procedures for soliciting from each Veterans Health Administration facility that serves a rural area the following: (A) A statement of the clinical capacity of such facility. (B) The procedures of such facility in the event of a medical, surgical, or mental health emergency outside the scope of the clinical capacity of such facility. (C) The procedures and mechanisms of such facility for the provision and coordination of health care for women veterans, including procedures and mechanisms for coordination with local hospitals and health care facilities, oversight of primary care and fee-basis care, and management of specialty care. (6) Goals and objectives for the modification of the funding allocation mechanisms of the Office of Rural Health in order to ensure that the Office distributes funds to components of the Department to best achieve the goals and objectives of the Office and in a timely manner. (7) Goals and objectives for the coordination of, and sharing of resources with respect to, the provision of health care services to veterans in rural areas between the Department of Veterans Affairs, the Department of Defense, the Indian Health Service of the Department of Health and Human Services, and other Federal agencies, as appropriate and prudent. (8) Specific milestones for the achievement of the goals and objectives developed for the update. (9) Procedures for ensuring the effective implementation of the update. (c) Transmittal to Congress Not later than 90 days after the date of the issuance of the update described in subsection (a), the Secretary of Veterans Affairs shall transmit the update to Congress, together with such comments and recommendations in connection with the update as the Secretary considers appropriate. 127. Report on provision of telemedicine services (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act ( Public Law 112–154 38 U.S.C. 7406 (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine defined In this section, the term telemedicine (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 128. Designation of Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (a) Designation The medical center of the Department of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (b) References Any reference in any law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be considered to be a reference to the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center. D Complementary and Alternative Medicine 131. Expansion of research and education on and delivery of complementary and alternative medicine to veterans (a) Development of plan To expand research, education, and delivery Not later than six months after the effective date specified in subsection (f), the Secretary of Veterans Affairs shall develop a plan to expand materially and substantially the scope of research and education on, and delivery and integration of, complementary and alternative medicine services into the health care services provided to veterans. (b) Elements The plan required by subsection (a) shall provide for the following: (1) Research on the following: (A) The comparative effectiveness of various complementary and alternative medicine therapies. (B) Approaches to integrating complementary and alternative medicine services into other health care services provided by the Department. (2) Education and training for health care professionals of the Department on the following: (A) Complementary and alternative medicine services selected by the Secretary for purposes of the plan. (B) Appropriate uses of such services. (C) Integration of such services into the delivery of health care to veterans. (3) Research, education, and clinical activities on complementary and alternative medicine at centers of innovation at Department medical centers. (4) Identification or development of metrics and outcome measures to evaluate the provision and integration of complementary and alternative medicine services into the delivery of health care to veterans. (5) Integration and delivery of complementary and alternative medicine services with other health care services provided by the Department. (c) Consultation (1) In general In carrying out subsection (a), the Secretary shall consult with the following: (A) The Director of the National Center on Complementary and Alternative Medicine of the National Institutes of Health. (B) The Commissioner of Food and Drugs. (C) Institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and alternative medicine and the integration of complementary and alternative medicine practices into the delivery of health care. (D) Nationally recognized providers of complementary and alternative medicine. (E) Such other officials, entities, and individuals with expertise on complementary and alternative medicine as the Secretary considers appropriate. (2) Scope of consultation The Secretary shall undertake consultation under paragraph (1) in carrying out subsection (a) with respect to the following: (A) To develop the plan. (B) To identify specific complementary and alternative medicine practices that, on the basis of research findings or promising clinical interventions, are appropriate to include as services to veterans. (C) To identify barriers to the effective provision and integration of complementary and alternative medicine services into the delivery of health care to veterans, and to identify mechanisms for overcoming such barriers. (d) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. (e) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (f) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 132. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers (a) Program required The Secretary of Veterans Affairs shall— (1) carry out, through the Office of Patient Centered Care and Cultural Transformation of the Department of Veterans Affairs, a program to assess the feasibility and advisability of integrating the delivery of complementary and alternative medicine services selected by the Secretary with other health care services provided by the Department for veterans with mental health conditions, chronic pain conditions, other chronic conditions, and such other conditions as the Secretary determines appropriate; and (2) in developing the program, identify and resolve barriers to the provision of complementary and alternative medicine services selected by the Secretary and the integration of those services with other health care services provided by the Department. (b) Duration of program The program shall be carried out during the three-year period beginning on the effective date specified in subsection (j). (c) Locations (1) In general The Secretary shall carry out the program at not fewer than 15 separate Department medical centers. (2) Polytrauma centers Not less than two of the medical centers designated under paragraph (1) shall be located at polytrauma rehabilitation centers of the Department. (3) Selection of locations In carrying out the program, the Secretary shall select locations that include the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. (d) Provision of services Under the program, the Secretary shall provide covered services to covered veterans by integrating complementary and alternative medicine services with other services provided by the Department at the medical centers designated under subsection (c)(1). (e) Covered veterans For purposes of the program, a covered veteran is any veteran who— (1) has a mental health condition diagnosed by a clinician of the Department; (2) experiences chronic pain; or (3) has a chronic condition being treated by a clinician of the Department. (f) Covered services (1) In general For purposes of the program, covered services are services consisting of complementary and alternative medicine as selected by the Secretary. (2) Administration of services Covered services shall be administered under the program as follows: (A) Covered services shall be administered by clinicians employed by the Secretary for purposes of this section who, to the extent practicable, shall provide services consisting of complementary and alternative medicine, including those clinicians who solely provide such services. (B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Program Office, in coordination with the Office of Patient Centered Care and Cultural Transformation. (C) Covered services shall be made available to both— (i) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have received conventional treatments from the Department for such conditions; and (ii) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have not received conventional treatments from the Department for such conditions. (g) Voluntary participation The participation of a veteran in the program shall be at the election of the veteran and in consultation with a clinician of the Department. (h) Reports to Congress (1) Quarterly reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter for the duration of the program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary to carry out the program, including a description of the outreach conducted by the Secretary to veterans and community organizations to inform such organizations about the program. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program, including with respect to— (I) the utilization and efficacy of the complementary and alternative medicine services established under the program; (II) an assessment of the benefit of the program to covered veterans in mental health diagnoses, pain management, and treatment of chronic illness; and (III) the comparative effectiveness of various complementary and alternative medicine therapies. (ii) Barriers identified under subsection (a)(2) that were not resolved. (iii) Such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (i) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 133. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs (a) Studies required (1) In general The Secretary of Veterans Affairs shall conduct comprehensive studies of the barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. (2) Studies conducted (A) Veterans In conducting the study of veterans, the Secretary shall— (i) survey veterans who seek or receive hospital care or medical services furnished by the Department, as well as veterans who do not seek or receive such care or services; (ii) administer the survey to a representative sample of veterans from each Veterans Integrated Service Network; and (iii) ensure that the sample of veterans surveyed is of sufficient size for the study results to be statistically significant. (B) Administrators and clinicians In conducting the study of clinicians and administrators, the Secretary shall— (i) survey administrators of the Department who are involved in the provision of health care services; (ii) survey clinicians that have provided complementary and alternative medicine services through the program established under section 132 of this Act, after those clinicians have provided those services through such program for at least 90 days; and (iii) administer the survey to administrators under clause (i)— (I) before the introduction of complementary and alternative medicine services through such program; and (II) not earlier than 90 days after the introduction of complementary and alternative medicine services through such program. (b) Elements of studies (1) Veterans In conducting the study of veterans required by subsection (a), the Secretary shall study the following: (A) The perceived barriers associated with obtaining complementary and alternative medicine services from the Department. (B) The satisfaction of veterans with complementary and alternative medicine services in primary care. (C) The degree to which veterans are aware of eligibility requirements for, and the scope of services available under, complementary and alternative medicine services furnished by the Department. (D) The effectiveness of outreach to veterans on the availability of complementary and alternative medicine for veterans. (E) Such other barriers as the Secretary considers appropriate. (2) Administrators and clinicians In conducting the study of administrators and clinicians required by subsection (a), the Secretary shall study the following: (A) The extent of the integration of complementary and alternative medicine services within the services provided by the Department. (B) The perception by administrators and clinicians of the structural and attitudinal barriers to the delivery of high quality complementary and alternative medicine services by the Department. (C) Strategies that have been used to reduce or eliminate such barriers and the results of such strategies. (D) The satisfaction of administrators and clinicians regarding the integration of complementary and alternative medicine services within the services provided by the Department. (E) The perception by administrators and clinicians of the value of specific complementary and alternative medicine services for inpatient and outpatient veteran populations. (c) Discharge by contract The Secretary shall enter into a contract with a qualified independent entity or organization to carry out the studies required by this section. (d) Mandatory review of data by the National Research Advisory Council (1) In general The Secretary shall ensure that the head of the National Research Advisory Council reviews the results of the studies conducted under this section. (2) Submittal of findings The head of the National Research Advisory Council shall submit findings with respect to the studies to the Under Secretary for Health and to other pertinent program offices within the Department with responsibilities relating to health care services for veterans. (e) Reports (1) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the implementation of this section. (2) Report on study (A) In general Not later than 45 days after the date of the completion of the study, the Secretary shall submit to Congress a report on the study required by subsection (a). (B) Contents The report required by subparagraph (A) shall include the following: (i) Recommendations for such administrative and legislative proposals and actions as the Secretary considers appropriate. (ii) The findings of the head of the National Research Advisory Council and of the Under Secretary for Health. (f) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $2,000,000 to carry out this section. (g) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine 134. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program through the award of grants to public or private nonprofit entities to assess the feasibility and advisability of using wellness programs to complement the provision of mental health care to veterans and family members eligible for counseling under section 1712A(a)(1)(C) of title 38, United States Code. (2) Matters to be addressed The program shall be carried out so as to assess the following: (A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of mental health care to veterans and family members described in paragraph (1). (B) Means of enhancing outreach, and coordination of outreach, by and among providers of health care referred to in subparagraph (A) on the mental health care services available to veterans and family members described in paragraph (1). (C) Means of using wellness programs of providers of health care referred to in subparagraph (A) as complements to the provision by the Department of Veterans Affairs of mental health care to veterans and family members described in paragraph (1). (D) Whether wellness programs described in subparagraph (C) are effective in enhancing the quality of life and well-being of veterans and family members described in paragraph (1). (E) Whether wellness programs described in subparagraph (C) are effective in increasing the adherence of veterans described in paragraph (1) to the primary mental health services provided such veterans by the Department. (F) Whether wellness programs described in subparagraph (C) have an impact on the sense of well-being of veterans described in paragraph (1) who receive primary mental health services from the Department. (G) Whether wellness programs described in subparagraph (C) are effective in encouraging veterans receiving health care from the Department to adopt a more healthy lifestyle. (b) Duration The Secretary shall carry out the program for a period of three years beginning on the date that is one year after the date of the enactment of this Act. (c) Locations The Secretary shall carry out the program at facilities of the Department providing mental health care services to veterans and family members described in subsection (a)(1). (d) Grant proposals (1) In general A public or private nonprofit entity seeking the award of a grant under this section shall submit an application therefor to the Secretary in such form and in such manner as the Secretary may require. (2) Application contents Each application submitted under paragraph (1) shall include the following: (A) A plan to coordinate activities under the program, to the extent possible, with the Federal, State, and local providers of services for veterans to enhance the following: (i) Awareness by veterans of benefits and health care services provided by the Department. (ii) Outreach efforts to increase the use by veterans of services provided by the Department. (iii) Educational efforts to inform veterans of the benefits of a healthy and active lifestyle. (B) A statement of understanding from the entity submitting the application that, if selected, such entity will be required to report to the Secretary periodically on standardized data and other performance data necessary to evaluate individual outcomes and to facilitate evaluations among entities participating in the program. (C) Other requirements that the Secretary may prescribe. (e) Grant uses (1) In general A public or private nonprofit entity awarded a grant under this section shall use the award for purposes prescribed by the Secretary. (2) Eligible veterans and family In carrying out the purposes prescribed by the Secretary in paragraph (1), a public or private nonprofit entity awarded a grant under this section shall use the award to furnish services only to individuals specified in section 1712A(a)(1)(C) of title 38, United States Code. (f) Reports (1) Periodic reports (A) In general Not later than 180 days after the date of the commencement of the program, and every 180 days thereafter, the Secretary shall submit to Congress a report on the program. (B) Report elements Each report required by subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program during the 180-day period preceding the report. (ii) An assessment of the benefits of the program to veterans and their family members during the 180-day period preceding the report. (2) Final report Not later than 180 days after the end of the program, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to the advisability of continuing or expanding the program. (g) Wellness defined In this section, the term wellness E Mental Health Care 141. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs (a) In general In carrying out the education and training program required under section 7302(a)(1) (b) Funding The Secretary shall apportion funding for the education and training program equally among the professions included in the program. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 142. Report on provision of mental health services for families of certain veterans at facilities of the Department Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of providing services under the program established by section 304(a) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 143. Annual report on community mental health partnership pilot program (a) In general Not later than one year after the date of the enactment of this Act and not later than September 30 each year thereafter until the completion of the pilot program described in subsection (b), the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on that pilot program. (b) Pilot program described The pilot program described in this subsection is the pilot program conducted by the Veterans Health Administration to connect medical centers of the Department of Veterans Affairs with community-based mental health care providers and substance abuse treatment providers for the purpose of assisting in the treatment of veterans with mental health disorders, commonly known as the Community Mental Health Partnership Pilot (c) Elements Each report submitted under subsection (a) shall include the following: (1) The number of sites participating in the pilot program. (2) The number of individuals participating in the pilot program at each site. (3) A detailed assessment of the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (4) An analysis of barriers to the effectiveness of, the participation of veterans in, and the satisfaction of veterans with the pilot program. (5) A description of the plans of the Secretary to conduct outreach and provide information to veterans and community mental health providers with respect to the pilot program. (6) A description of any plans to expand the pilot program, including plans that focus on the unique needs of veterans located in rural areas. (7) An explanation of how the care provided under the pilot program is consistent with the minimum clinical mental health guidelines promulgated by the Veterans Health Administration, including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. F Dental Care Eligibility Expansion and Enhancement 151. Restorative dental services for veterans (a) In general Section 1710(c) is amended— (1) in the second sentence— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) (c) (3) by striking The Secretary (2) The Secretary ; and (4) by adding at the end the following new paragraph: (3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as a result of any services or treatment furnished under this subsection. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 152. Pilot program on expansion of furnishing of dental care to all enrolled veterans (a) Pilot program required Commencing not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing dental care to veterans enrolled in the system of patient enrollment under section 1705 (b) Duration of pilot program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program at not fewer than 16 locations as follows: (A) Four Department of Veterans Affairs medical centers with an established dental clinic with capacity available for the furnishing of services and treatment under the pilot program. (B) Four Department medical centers with a current contract for the furnishing of dental care. (C) Four Community-Based Outpatient Clinics (CBOCs) with capacity available for the furnishing of services and treatment under the pilot program. (D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health Service facilities with established dental clinics, of which— (i) at least one facility shall be such an Indian Health Service facility; and (ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary of Health and Human Services. (2) Considerations In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of Census. (d) Limitation on number of participating veterans (1) In general The total number of eligible veterans who may participate in the pilot program may not exceed 30,000. (2) Distribution of limitation In applying the limitation in paragraph (1) to the pilot program, the Secretary shall distribute the limitation across and among locations selected for the pilot program in a manner that takes appropriate account of the size and need of veterans for dental services at each such location. (e) Scope of services The dental services and treatment furnished to veterans under the pilot program shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100 percent disabling under the laws administered by the Secretary. (f) Voluntary participation The participation of a veteran in the pilot program shall be at the election of the veteran. (g) Limitation on amount of services (1) In general The total amount the Secretary may expend furnishing dental services and treatment to a veteran participating in the pilot program during any one-year period may not exceed such amount as the Secretary determines appropriate. The amount so determined may not be less than $1,000. (2) Consultation The Secretary shall make the determination under paragraph (1)— (A) in consultation with the Director of the Indian Health Service; and (B) in consultation with the Director of the Health Resources and Services Administration of the Department of Health and Human Services if one or more Federally Qualified Health Center is selected as a location for the pilot program under subsection (c)(1)(D). (h) Copayments The Secretary may collect copayments for dental services and treatment furnished under the pilot program in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 (i) Program administration (1) Notice to eligible veterans on pilot program In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate in the pilot program of the services and treatment available under the pilot program. (2) Contracts In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities for the provision of dental services and treatment under the pilot program. Each such contract shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (j) Reports (1) Preliminary reports (A) In general Not later than each of 540 days and three years after the date of the commencement of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (B) Contents Each report under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of veterans receiving services and treatment under the pilot program, and a description of the dental services and treatment furnished to such veterans. (iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and benefits by location type. (iv) An assessment of the impact of the pilot program on medical care, wellness, employability, and perceived quality of life of veterans. (v) The current findings and conclusions of the Secretary with respect to the pilot program. (vi) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (2) Final report (A) In general Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (B) Contents The report under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (k) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (l) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 153. Program on education to promote dental health in veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of patient enrollment of the Department of Veterans Affairs under section 1705 (2) Construction Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (b) Elements The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental conditions. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department and on purchasing private dental insurance. (6) Available and accessible options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers (FQHCs). (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of educational materials (1) In general The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at Department facilities (including at medical centers, clinics, Vet Centers, and readjustment counseling centers) and to providers (including members of Patient Aligned Care Teams). (B) The availability and distribution of materials over the Internet, including through webinars and My HealtheVet. (C) Presentations of information, including both small group and large group presentations. (2) Selection of mechanisms In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. (d) Federally Qualified Health Center defined In this section the term Federally Qualified Health Center 42 U.S.C. 1396d(l)(2)(B) (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 154. Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $305,000,000 to carry out this subtitle and the amendments made by this subtitle. The amount so authorized to be appropriated shall be available for obligation for the five-year period beginning on the date that is one year after the date of the enactment of this Act. G Health Care Related to Sexual Trauma 161. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training Section 1720D(a)(1) is amended by striking or active duty for training , active duty for training, or inactive duty training 162. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces (a) Expansion of coverage to members of the Armed Forces Subsection (a) of section 1720D is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. ; and (3) in paragraph (3), as redesignated by paragraph (1)— (A) by striking a veteran an individual (B) by striking that veteran that individual (b) Information to members on availability of counseling and services Subsection (c) of such section is amended— (1) by striking to veterans (2) in paragraph (3), by inserting members of the Armed Forces and individuals (c) Inclusion of members in reports on counseling and services Subsection (e) of such section is amended— (1) in the matter preceding paragraph (1), by striking to veterans (2) in paragraph (2)— (A) by striking women veterans individuals (B) by striking training under subsection (d). (A) veterans; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. ; (3) in paragraph (4), by striking veterans individuals (4) in paragraph (5)— (A) by striking women veterans individuals (B) by inserting , including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2) (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 163. Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a screening mechanism to be used when a veteran seeks healthcare services from the Department of Veterans Affairs to detect if the veteran has been a victim of domestic abuse for purposes of improving the treatment of the veteran and assessing the prevalence of domestic abuse in the veteran population. (b) Readily available screening tools In developing and implementing a screening mechanism under subsection (a), the Secretary may incorporate into the screening mechanism such readily available screening tools as the Secretary considers appropriate for the screening mechanism. (c) Domestic abuse defined In this section, the term domestic abuse (1) constitutes— (A) a pattern of behavior resulting in physical or emotional abuse, economic control, or interference with the personal liberty of that individual; (B) a violation of Federal or State law involving the use, attempted use, or threatened use of force or violence against that individual; or (C) a violation of a lawful order issued for the protection of that individual; and (2) is committed by a person who— (A) is a current or former spouse or domestic partner of that individual; (B) shares a child in common with that individual; (C) is a current or former intimate partner of that individual that shares or has shared a common domicile with that individual; (D) is a caregiver or family caregiver of that individual (as such terms are defined in section 1720G(d) of title 38, United States Code); or (E) is in any other type of relationship with that individual that the Secretary may specify for purposes of this section. 164. Reports on military sexual trauma and domestic abuse (a) Report on services available for military sexual trauma in the Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Report on domestic abuse among veterans Not later than two years after the implementation of the screening mechanism required by section 163(a) of this Act, the Secretary of Veterans Affairs and the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall jointly submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on domestic abuse among veterans that includes the following: (1) A summary of the types, outcomes, and circumstances of incidents of domestic abuse that have been reported by veterans during the two-year period preceding the submission of the report. (2) A summary of the treatments available from the Department of Veterans Affairs for veterans who experience domestic abuse and an assessment of the effectiveness of those treatments. (3) Data and analysis on any correlation between an incident of military sexual trauma or sexual trauma experienced after the age of 18 and domestic abuse. (4) Any other issues that the Secretary of Veterans Affairs or the Director of the Centers for Disease Control and Prevention determines appropriate. (c) Reports on transition of military sexual trauma and domestic abuse treatment from Department of Defense to Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma or domestic abuse from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma or domestic abuse, including permitting veterans access to information and evidence necessary to develop or support such claims. (d) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Domestic abuse The term domestic abuse (3) Military sexual trauma The term military sexual trauma (4) Sexual harassment The term sexual harassment (5) Sexual trauma The term sexual trauma (e) Effective date This section shall take effect on the date that is 270 days after the date of the enactment of this Act. H Reproductive treatment and services 171. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6), as amended by section 114(b)(1) of this Act, is further amended by adding at the end the following new subparagraph: (I) Fertility counseling and treatment, including treatment using assisted reproductive technology. . 172. Reproductive treatment and care for spouses and surrogates of veterans (a) In general Subchapter VIII of chapter 17 is amended by adding at the end the following new section: 1788. Reproductive treatment and care for spouses and surrogates of veterans (a) In general The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. (b) Coordination of care for other spouses and surrogates In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. (c) Construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a surrogate for a veteran or to connect a surrogate with a veteran; or (2) to furnish maternity care to a spouse or surrogate of a veteran. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology . (b) Clerical amendment The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1787 the following new item: 1788. Reproductive treatment and care for spouses and surrogates of veterans. . 173. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17, as amended by section 172(a) of this Act, is further amended by adding at the end the following new section: 1789. Adoption assistance (a) In general The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. (b) Covered veteran For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who— (1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and (2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (c) Limitation amount For purposes of this section, the limitation amount is the amount equal to the lesser of— (1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of fertility treatment through the use of assisted reproductive technology under section 1788 of this title, as determined by the Secretary; or (2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology . (b) Clerical amendment The table of sections at the beginning of chapter 17, as amended by section 172(b) of this Act, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 174. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs (a) In general Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations— (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 (3) to carry out section 1789 of such title, as added by section 173 of this Act. (b) Limitation Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish— (1) to a veteran any fertility treatment that uses an assisted reproductive technology that the Secretary has not used in the provision of a fertility treatment to a veteran before the date of the enactment of this Act; (2) any fertility counseling or treatment under section 1788 of such title, as added by section 172 of this Act; or (3) any assistance under section 1789 of such title, as added by section 173 of this Act. (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology 175. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment The Secretary of Veterans Affairs and the Secretary of Defense shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility counseling and treatment. 176. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73, as amended by section 124(a) of this Act, is further amended by adding at the end the following new section: 7330C. Facilitation of reproduction and infertility research (a) Facilitation of research required The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as a spinal cord injury, that affects the veterans' ability to reproduce. (b) Dissemination of information The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of chapter 73, as amended by section 124(b) of this Act, is further amended by inserting after the item relating to section 7330B the following new item: 7330C. Facilitation of reproduction and infertility research. . (c) Report Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330C 177. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. 178. Program on assistance for child care for certain veterans (a) Assistance for child care for certain veterans receiving health care (1) In general Subchapter I of chapter 17 is amended by adding at the end the following new section: 1709B. Assistance for child care for certain veterans receiving health care (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c). (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran— (1) receives health care services described in subsection (c) at a facility of the Department; and (2) requires travel to and from such facility for the receipt of such health care services. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department— (i) regular mental health care services; (ii) intensive mental health care services; or (iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or (B) in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department. (d) Locations The Secretary shall carry out the program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Direct provision of child care at an on-site facility of the Department. (C) Payments to private child care agencies. (D) Collaboration with facilities or programs of other Federal departments or agencies. (E) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. . (2) Clerical amendment The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1709A the following new item: 1709B. Assistance for child care for certain veterans receiving health care. . (3) Conforming amendment Section 205(e) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 38 U.S.C. 1710 but not after the date of the enactment of the Restoring Veterans Trust Act of 2014 (b) Assistance for child care for individuals receiving readjustment counseling and related mental health services (1) In general Subchapter I of chapter 17, as amended by subsection (a)(1) of this section, is further amended by adding at the end the following new section: 1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified individuals described in subsection (c) to obtain child care so that such individuals can receive readjustment counseling and related mental health services. (b) Limitation on period of payments Assistance may only be provided to a qualified individual under this section for receipt of child care during the period that the qualified individual receives readjustment counseling and related health care services at a Vet Center. (c) Qualified individuals For purposes of this section, a qualified individual is an individual who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department regular readjustment counseling and related mental health services; or (B) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. (d) Locations The Secretary shall carry out the program under this section in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Payments to private child care agencies. (C) Collaboration with facilities or programs of other Federal departments or agencies. (D) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. (f) Vet Center defined In this section, the term Vet Center . (2) Clerical amendment The table of sections at the beginning of chapter 17, as amended by subsection (a)(2) of this section, is further amended by inserting after the item relating to section 1709B the following new item: 1709C. Assistance for child care for individuals receiving readjustment counseling and related mental health services. . 179. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) Counseling in retreat settings (1) In general Subchapter II of chapter 17 is amended by adding at the end the following new section: 1720H. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) In general The Secretary shall provide, through the Readjustment Counseling Service of the Veterans Health Administration, reintegration and readjustment services described in subsection (c) in group retreat settings to women veterans who are recently separated from service in the Armed Forces after a prolonged deployment. (b) Election of veteran The receipt of services under this section by a woman veteran shall be at the election of the veteran. (c) Covered services The services provided to a woman veteran under this section shall include the following: (1) Information on reintegration into the veteran’s family, employment, and community. (2) Financial counseling. (3) Occupational counseling. (4) Information and counseling on stress reduction. (5) Information and counseling on conflict resolution. (6) Such other information and counseling as the Secretary considers appropriate to assist the veteran in reintegration into the veteran’s family, employment, and community. . (2) Clerical amendment The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1720G the following new item: 1720H. Counseling in retreat settings for women veterans newly separated from service in the Armed Forces. . (b) Repeal of superseded pilot program authority Section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1712A I Major Medical Facility Leases 181. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. 182. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs (b) Requirement for obligation of full cost (1) In general Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 (A) an amount equal to total payments under the full term of the lease; or (B) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (2) Self-insuring authority The requirements of paragraph (1) may be satisfied through the use of a self-insuring authority consistent with Office of Management and Budget Circular A–11. (c) Transparency (1) Compliance Subsection (b) of section 8104 is amended by adding at the end the following new paragraph: (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 Anti-Deficiency Act (A) an analysis of the classification of the lease as a lease-purchase capital lease operating lease (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a detailed summary of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. II Survivor and Dependent Matters 201. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children (a) In general Section 1311(f)(2) is amended by striking two-year three-year (b) Effective date The amendment made by subsection (a) shall take effect as of September 30, 2014, and shall apply to any surviving spouse who was eligible for or in receipt of benefits under section 1311(f) 202. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55 (a) In general Paragraph (2)(B) of section 103(d) is amended to read as follows: (B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. . (b) Conforming amendment Paragraph (5) of such section is amended by striking Paragraphs (2)(A) Paragraphs (2) (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 203. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension Section 1541(f)(1)(E) is amended by striking January 1, 2001 the date that is 10 years and one day after the date on which the Persian Gulf War was terminated, as prescribed by Presidential proclamation or by law 204. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment Section 5110(l) is amended by striking , or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce, 205. Expansion of Marine Gunnery Sergeant John David Fry Scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 is amended by inserting or spouse child (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. . (c) Conforming amendment Section 3321(b)(4) is amended— (1) by striking an individual a child (2) by striking such individual’s such child’s (d) Effective date The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act. 206. Expansion of Yellow Ribbon G.I. Education Enhancement Program (a) In general Section 3317(a) is amended by striking in paragraphs (1) and (2) in paragraphs (1), (2), and (9) (b) Effective date The amendment made by subsection (a) shall apply with respect to academic terms beginning after July 1, 2015. 207. Benefits for children of certain Thailand service veterans born with spina bifida (a) In general Subchapter III of chapter 18 is amended by adding at the end the following new section: 1822. Benefits for children of certain Thailand service veterans born with spina bifida (a) Benefits authorized The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. (b) Spina bifida conditions covered This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. (c) Veteran of covered service in Thailand For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who— (1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and (2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. (d) Herbicide agent For purposes of this section, the term herbicide agent . (b) Conforming amendment to definition of child Section 1831(1) is amended— (1) in subparagraph (B)— (A) by striking subchapter III of this chapter section 1821 of this title (B) in clause (i), by striking section 1821 of this title that section (2) by adding at the end the following new subparagraph: (C) For purposes of section 1822 of this title, an individual, regardless of age or marital status, who— (i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. . (c) Clerical amendments (1) Subchapter heading The heading for subchapter III of chapter 18 is amended by inserting and Thailand Korea (2) Table of sections The table of sections at the beginning of chapter 18 is amended— (A) by striking the item relating to subchapter III and inserting the following new item: Subchapter III—Children of certain Korea and Thailand service veterans born with spina bifida ; and (B) by inserting after the item relating to section 1821 the following new item: 1822. Benefits for children of certain Thailand service veterans born with spina bifida. . (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 208. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida (a) Program Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of providing assisted living, group home care, or similar services in lieu of nursing home care to covered individuals. (b) Covered individuals For purposes of this section, a covered individual is any individual who is entitled to health care under subchapter I or III of chapter 18 (c) Duration (1) In general Except as otherwise provided in this subsection, the program shall be carried out during the three-year period beginning on the date of the commencement of the program. (2) Continuation Subject to paragraph (3), the Secretary may continue the program for an additional two-year period as the Secretary considers appropriate. (3) Termination The program may not operate after the date that is five years after the date of the commencement of the program. (d) Scope of services and program Under the program, the Secretary shall provide covered individuals with integrated, comprehensive services, including the following: (1) Assisted living, group home care, or such other similar services as the Secretary considers appropriate. (2) Transportation services. (3) Such other services as the Secretary considers appropriate for the care of covered individuals under the program. (e) Program requirements In carrying out the program, the Secretary shall— (1) inform all covered individuals of the services available under the program; (2) enter into agreements with appropriate providers of assisted living, group home care, or other similar services for provision of services under the program; and (3) determine the appropriate number of covered individuals to be enrolled in the program and criteria for such enrollment. (f) Reports (1) Preliminary reports (A) In general Not later than one year after the date of the commencement of the program and, if the program is continued under subsection (c)(2), not later than three years after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the program. (ii) The number of covered individuals receiving benefits under the program. (iii) An analysis that compares the costs of furnishing assisted living, group home care, or similar services with the costs of furnishing nursing home care. (iv) An analysis of the costs and benefits under the program. (v) The findings and conclusions of the Secretary with respect to the program. (vi) Such recommendations for the continuation or expansion of the program as the Secretary may have. (2) Final report (A) In general Not later than 180 days after the completion of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program. (ii) Such recommendations for the continuation or expansion of the program as the Secretary may have. (g) Funding Amounts to carry out the program shall be derived from amounts appropriated or otherwise made available for the furnishing of nursing home care under chapter 18 of title 38, United States Code. (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 209. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces (a) Program required (1) In general Commencing not later than 180 days after the date on which this section takes effect, the Secretary of Veterans Affairs shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a program to assess the feasibility and advisability of providing grief counseling services described in subsection (b) in group retreat settings to surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces who would, as determined by the Readjustment Counseling Service, benefit from the services provided under the program. (2) Participation at election of surviving spouse The participation of a surviving spouse in the program under this section shall be at the election of the surviving spouse. (b) Covered services The services provided to a surviving spouse under the program shall include the following: (1) Information and counseling on coping with grief. (2) Information about benefits and services available to surviving spouses under laws administered by the Secretary. (3) Such other information and counseling as the Secretary considers appropriate to assist a surviving spouse under the program with adjusting to the death of a spouse. (c) Events The Secretary shall carry out the program at not fewer than six events as follows: (1) Three events at which surviving spouses with dependent children are encouraged to bring their children. (2) Three events at which surviving spouses with dependent children are not encouraged to bring their children. (d) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (e) Reports (1) In general Not later than 180 days after the completion of the first year of the program and not later than 180 days after the completion of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall contain the findings and conclusions of the Secretary as a result of the program, and shall include such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (f) Definitions In this section, the terms active duty Armed Forces surviving spouse section 101 (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 210. Program evaluation on survivors' and dependents' educational assistance authorities (a) In general The Secretary of Veterans Affairs shall enter into a contract with an appropriate private sector entity to conduct a program evaluation of the authorities for survivors' and dependents' educational assistance under chapter 35 (b) Report Not later than six months after the entry into the contract required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the results of the program evaluation conducted pursuant to the contract, together with such comments on the results of the program evaluation as the Secretary considers appropriate. (c) Effective date This section shall take effect one year after the date of the enactment of this Act. III Education Matters 301. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans (a) In general Section 3679 is amended by adding at the end the following new subsection: (c) (1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. (B) An individual who is entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue of such individual's relationship to a veteran described in subparagraph (A). (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4) It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State. (5) The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate. (6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . (b) Effective date Subsection (c) of section 3679 302. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs (a) Extension of expiring current authority Section 3485(a)(4) is amended by striking June 30, 2013 June 30, 2015 (b) Expansion to outreach services provided through congressional offices Such section is further amended by adding at the end the following new subparagraph: (K) During the period beginning on June 30, 2013, and ending on June 30, 2015, the following activities carried out at the offices of Members of Congress for such Members: (i) The distribution of information to members of the Armed Forces, veterans, and their dependents about the benefits and services under laws administered by the Secretary and other appropriate governmental and nongovernmental programs. (ii) The preparation and processing of papers and other documents, including documents to assist in the preparation and presentation of claims for benefits under laws administered by the Secretary. . (c) Annual reports (1) In general Not later than June 30 of 2014 and 2015, the Secretary of Veterans Affairs shall submit to Congress a report on the work-study allowances paid under paragraph (1) of section 3485(a) of title 38, United States Code, during the most recent one-year period for qualifying work-study activities described in paragraph (4) of such section, as amended by subsections (a) and (b) of this section. (2) Contents Each report submitted under paragraph (1) shall include, for the year covered by such report, the following: (A) A description of the recipients of such work-study allowances. (B) A list of the locations where qualifying work-study activities were carried out. (C) A description of the outreach conducted by the Secretary to increase awareness of the eligibility of such work-study activities for such work-study allowances. 303. Prohibitions relating to references to GI Bill and Post-9/11 GI Bill (a) In general Subchapter II of chapter 36 is amended by adding at the end the following new section: 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill (a) Prohibition (1) No person may, except with the written permission of the Secretary, use the words and phrases covered by this subsection in connection with any promotion, goods, services, or commercial activity in a manner that reasonably and falsely suggests that such use is approved, endorsed, or authorized by the Department or any component thereof. (2) For purposes of this subsection, the words and phrases covered by this subsection are as follows: (A) GI Bill (B) Post-9/11 GI Bill (3) A determination that a use of one or more words and phrases covered by this subsection in connection with a promotion, goods, services, or commercial activity is not a violation of this subsection may not be made solely on the ground that such promotion, goods, services, or commercial activity includes a disclaimer of affiliation with the Department or any component thereof. (b) Enforcement by Attorney General (1) When any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. (2) Such court may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. . (b) Clerical amendment The table of sections at the beginning of chapter 36 is amended by inserting after the item relating to section 3697A the following new item: 3697B. Prohibition relating to references to GI Bill and Post-9/11 GI Bill. . 304. Review of utilization of educational assistance to pursue programs of training on the job and participating employers (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a review of— (1) the utilization of educational assistance under laws administered by the Secretary of Veterans Affairs to pursue programs of training on the job (other than programs of apprenticeship); and (2) the availability of such programs to individuals seeking to pursue such programs with such educational assistance. (b) Report (1) In general Not later than two years after the date on which the Secretary commences the review required by subsection (a), the Secretary shall submit to Congress a report on such review. (2) Contents The report required by paragraph (1) shall include the following: (A) The extent of utilization as described in paragraph (1) of subsection (a). (B) An assessment of the availability of programs as described in paragraph (2) of such subsection. (C) A description of any barriers the Secretary has identified to greater utilization of educational assistance for pursuit of a program of training on the job or availability of such programs. (D) Such recommendations for legislative or administrative action as the Secretary may have to increase or decrease such utilization or availability. (E) Such other matters as the Secretary considers appropriate. 305. Report on debt management and collection (a) Report Not later than one year after the effective date specified in subsection (c), the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on processes used by the Department of Veterans Affairs to identify and resolve cases of incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (b) Issues addressed The report required by subsection (a) shall, to the extent possible, address the following: (1) The effectiveness of the processes referred to in subsection (a) in identifying and resolving incorrect payments associated with educational assistance under chapters 30 and 33 of title 38, United States Code. (2) The accuracy of overpayment information provided to veterans by the Education Service and Debt Management Center of the Department. (3) How well the Debt Management Center of the Department communicates and works with veterans to resolve disputed debt amounts. (4) How the payment and debt collection processes of the Department compare to comparable programs in other Federal agencies. (5) Any recommendations to improve the payment and debt collection processes of the Department that the Comptroller General considers appropriate. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 306. Restoration of prior reporting fee multipliers Section 3684(c) is amended— (1) by striking $12 $7 (2) by striking $15 $11 IV Employment and Related Matters A Training and other services for veterans seeking employment 401. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses (a) In general Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 December 31, 2014 December 31, 2016 (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the benefits provided by the Secretary under section 1631(b) of such Act. (2) Appropriate committees of congress In this subsection, the term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. B Employment of veterans and recognition of veteran status with respect to employment related matters 411. Employment of veterans with the Federal Government (a) In general Section 4214 is amended— (1) in subsection (b), by adding at the end the following: (4) (A) The requirement under this paragraph is in addition to the appointment of qualified covered veterans under the authority specified in subparagraph (C) by the Department of Veterans Affairs and the Department of Defense. (B) The head of each agency, in consultation with the Director of the Office of Personnel Management, shall develop a plan for exercising the authority specified in subparagraph (C) during the five-year period beginning on the date of the enactment of the Restoring Veterans Trust Act of 2014 (C) The authority specified in this subparagraph is the authority as follows: (i) The authority under paragraph (1). (ii) The authority available to the agency concerned under the Veterans Employment Opportunities Act of 1998 ( Public Law 105–339 (D) The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B) agencies shall appoint to existing vacancies not fewer than 15,000 qualified covered veterans during the five-year period beginning on the date of the enactment of the Restoring Veterans Trust Act of 2014 ; (2) in subsection (d), in the third sentence, by inserting (including, during the 5-year period beginning on the date of the enactment of the Restoring Veterans Trust Act of 2014 subsection (b) of this section (3) in subsection (e)— (A) in paragraph (1)— (i) in the matter before subparagraph (A), by striking to the Congress to the appropriate committees of Congress (ii) in subparagraph (A), by inserting (including, during the 5-year period beginning on the date of the enactment of the Restoring Veterans Trust Act of 2014 (B) by adding at the end the following new paragraph: (3) In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Oversight and Government Reform of the House of Representatives. . (b) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) 412. State recognition of military experience of veterans in issuing licenses and credentials to veterans (a) In general Section 4102A(c) is amended by striking paragraph (9) and inserting the following new paragraph (9): (9) (A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A or 4104 of this title, the State shall— (i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran— (I) receives a satisfactory score on completion of such examination, as determined by the State; (II) has been awarded a military occupational specialty that is substantially equivalent to or exceeds the requirements of the State for the issuance of such license or credential; (III) has engaged in the active practice of the occupation for which the veteran is seeking such license or credential for at least two of the five years preceding the date of application; and (IV) pays any customary or usual fees required by the State for such license or credential; and (ii) submit each year to the Secretary a report on the examinations administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report the number of veterans who completed an examination administered by the State under clause (i) and a description of the results of such examinations, disaggregated by occupational field. (B) The Secretary may waive the requirement under subparagraph (A) that a State establish a program described in that subparagraph as a condition of a grant or contract if the State certifies to the Secretary that the State— (i) takes into account previous military training for the purposes of issuing licenses or credentials; and (ii) for any credential or license for which a veteran is unable to completely satisfy a training or testing requirement through examination, the State substantially reduces training time required to satisfy such requirement based on the military training received by the veteran or establishes procedures for granting credit for prior learning related to prior military service or training. (C) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii). . (b) Technical assistance (1) In general The Secretary of Labor, in consultation with the Secretary of Defense and such other heads of Federal agencies as the Secretary of Labor considers appropriate, may provide technical assistance to a State to assist the State in meeting the requirements of section 4102A(c)(9) (2) Authorization of appropriations There is authorized to be appropriated to the Secretary of Labor to carry out paragraph (1) $1,000,000 for fiscal year 2015. (c) Effective date (1) Examinations Subparagraph (A) of section 4102A(c)(9) (2) Reports Subparagraph (B) of such section 4102A(c)(9), as so added, shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than 900 days after the date of the enactment of this Act. 413. Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market (a) In general Not later than 570 days after the date of the enactment of this act, the Secretary of Labor, in coordination with the heads of such agencies as the Secretary considers appropriate, shall submit to the appropriate committees of Congress a report on barriers and potential discrimination facing veterans in the labor market. (b) Contents The report required by subsection (a) shall include the following: (1) An evaluation of the following: (A) The extent to which members of the reserve components of the Armed Forces and veterans face barriers to entry into the civilian labor market, including whether such members and veterans face obstacles in obtaining employment, maintaining employment, or receiving promotions while employed. (B) The extent to which a member of a reserve component of the Armed Forces or a veteran faces discrimination in the civilian labor market based on the member's or veteran's status as a member of a reserve component of the Armed Forces or as a veteran, as the case may be. (C) The adequacy and effectiveness of Federal laws in effect on the day before the date of the enactment of this Act in preventing or ameliorating acts of discrimination against members of the reserve components of the Armed Forces and veterans seeking or retaining employment in the civilian labor market. (D) The adequacy and effectiveness of programs of the Department of Labor in effect on the day before the date of the enactment of this Act in educating private sector employers on matters relevant to hiring and employing veterans and the military experience of veterans. (2) Such recommendations as the Secretary may have for legislative or administrative action— (A) to address barriers or discrimination that members of the reserve components of the Armed Forces and veterans may face in the civilian labor market; (B) to improve education and outreach for employers in the civilian labor market on issues regarding hiring and employing such members and veterans; and (C) to assist employers in the civilian labor market in matching the military experience of such members and veterans with the needs of such employers. (3) Such other matters as the Secretary considers appropriate. (c) Appropriate committees of congress In this section, the term appropriate committees of Congress (1) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Improving employment and reemployment rights of members of the uniformed services 421. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services (a) In general Subchapter III of chapter 43 is amended by adding at the end the following new section: 4328. Suspension, termination, or debarment of contractors (a) Grounds for suspension, termination, or debarment Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter. (b) Effect of debarment A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years. . (b) Clerical amendment The table of sections at the beginning of chapter 43 is amended by inserting after the item relating to section 4327 the following new item: 4328. Suspension, termination, or debarment of contractor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4328 (d) Effective date Section 4328 (e) Annual report Section 4332(a) is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): (10) The number of suspensions, terminations, and debarments under section 4328 of this title, disaggregated by the agency or department imposing the suspension or debarment. . D Small Business Matters 431. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans Section 8127(l) is amended— (1) in paragraph (2), by inserting unconditionally owned by (2) by adding at the end the following new paragraph: (3) The term unconditionally owned . 432. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners (a) In general Section 8127(h) is amended— (1) in paragraph (3), by striking rated as disability. (2) in paragraph (2), by amending subparagraph (C) to read as follows: (C) The date that— (i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or (ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to applications received pursuant to section 8127(f)(2) 433. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences (a) In general Section 8127 is amended— (1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and (2) by inserting after subsection (h) the following new subsection (i): (i) Treatment of businesses after death of servicemember-Owner (1) If a member of the Armed Forces owns at least 51 percent of a small business concern and such member is killed in line of duty in the active military, naval, or air service, the surviving spouse or dependent child of such member who acquires such ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse or dependent child were a veteran with a service-connected disability for purposes of determining the status of the small business concern as a small business concern owned and controlled by veterans for purposes of contracting goals and preferences under this section. (2) The period referred to in paragraph (1) is the period beginning on the date on which the member of the Armed Forces dies and ending on the date as follows: (A) In the case of a surviving spouse, the earliest of the following dates: (i) The date on which the surviving spouse remarries. (ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (iii) The date that is ten years after the date of the member's death. (B) In the case of a dependent child, the earliest of the following dates: (i) The date on which the surviving dependent child relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. (ii) The date that is ten years after the date of the member's death. . (b) Effective date Subsection (i) of section 8127 434. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States Section 8127, as amended by section 433 of this Act, is further amended by adding at the end the following new subsection: (n) Special rule for community property States Whenever the Secretary assesses, for purposes of this section, the degree of ownership by an individual of a small business concern licensed in a community property State, the Secretary shall also assess what that degree of ownership would be if such small business concern had been licensed in a State other than a community property State. If the Secretary determines that such individual would have had a greater degree of ownership of the small business concern had such small business concern been licensed in a State other than a community property State, the Secretary shall treat, for purposes of this section, such small business concern as if it had been licensed in a State other than a community property State. . 435. Report on assistance for veterans in obtaining training on purchasing and operating a franchise (a) Report required Not later than one year after the effective date specified in subsection (c), the Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Administrator of the Small Business Administration, and other appropriate entities, submit to Congress a report on the assistance available to veterans to obtain training necessary to purchase and operate a franchise. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the assistance available for veterans through the Department of Labor, the Department of Veterans Affairs, the Small Business Administration, or any other agency of the Federal Government in order to obtain training necessary to purchase or operate a franchise. (2) Information on the number of veterans who have sought and obtained the training described in paragraph (1) during the five calendar years preceding the report. (3) A description of any barriers encountered by veterans in obtaining the training described in paragraph (1). (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. V Accountability and Administrative Improvements 501. Administration of Veterans Integrated Service Networks (a) Veterans Integrated Service Networks (1) In general Subchapter I of chapter 73 is amended by adding at the end the following new section: 7310. Veterans Integrated Service Networks (a) Organization (1) The Secretary shall organize the Veterans Health Administration in geographically defined Veterans Integrated Service Networks. (2) Each Veterans Integrated Service Network shall be organized in consideration of the following: (A) The size of the veteran population of the region of the network. (B) The complexity of the medical needs of the veterans in such region. (C) Patient referral patterns. (D) The availability of a full continuum of health care services. (E) The ability of the Department to furnish health care efficiently. (F) Partnerships with non-Department health care entities. (b) Staffing model (1) The Secretary shall establish a staffing model for each Veterans Integrated Service Network that— (A) is appropriate for the mission and responsibilities of the Veterans Integrated Service Network; and (B) accounts for the specific health care needs of differing populations in the Veterans Integrated Service Network. (2) The Secretary shall ensure that each Veterans Integrated Service Network complies with the staffing model established by the Secretary under paragraph (1) for such Veterans Integrated Service Network. (c) Integrated health care system The Secretary shall ensure that each Veterans Integrated Service Network maintains a regional integrated healthcare system by— (1) implementing alliances with such other governmental, public, and private health care organizations and practitioners as the Secretary considers appropriate to meet the needs of veterans in the Network; (2) providing oversight and management of, and taking responsibility for, a regional budget for the activities of the Veterans Health Administration in the geographic area of the Network that is— (A) aligned with the budget guidelines of the Department and the Veterans Health Administration; (B) balanced at the end of each fiscal year; and (C) sufficient to provide high-quality health care to veterans within the region and to meet any unique needs of the veterans of the region; (3) using national metrics to develop systems to provide effective, efficient, and safe delivery of health care; and (4) ensuring high-quality clinical programs and services are rendered in and through— (A) the medical centers and outpatient clinics of the Department that are located in the Network; and (B) other non-Department clinical or health care delivery settings located in the Network. (d) Reduction in duplicate functions The Secretary shall ensure that the Veterans Integrated Service Networks identify and reduce, whenever practicable, the duplication of functions in clinical, administrative, and operational processes and practices of the Veterans Health Administration. (e) Collaboration and cooperation The Secretary shall ensure that each Veterans Integrated Service Network— (1) works to achieve maximum effectiveness in patient care and safety, graduate medical education, and research; and (2) assesses the consolidation or realignment of institutional functions, including capital asset, safety, and operational support functions, in collaboration and cooperation with other Veterans Integrated Service Networks and the following offices or entities within the geographical area of the Network: (A) The offices of the Veterans Benefits Administration and the National Cemetery Administration. (B) The offices, installations, and facilities of the Department of Defense, including the offices, installations, and facilities of each branch of the Armed Forces and the reserve components of the Armed Forces. (C) The offices, installations, and facilities of the Coast Guard. (D) Offices of State and local agencies that have a mission to provide assistance to veterans. (E) Medical schools and other affiliates. (F) Offices of Congress, offices of State and local elected officials, and other government offices. (G) Federal, State, and local emergency preparedness organizations. (H) Community and nonprofit organizations. (I) Such other entities of the Federal Government as the Secretary considers appropriate. (f) Headquarters (1) The Secretary shall ensure that each Veterans Integrated Service Network has only one headquarters office. (2) The location of a headquarters office for a Veterans Integrated Service Network shall be determined by the Secretary and co-located with a Department of Veterans Affairs medical center. (3) (A) The Secretary may employ or contract for the services of such full time equivalent employees and contractors at the headquarters of each Veterans Integrated Service Network as the Secretary considers appropriate in accordance with the staffing models established under subsection (b). (B) Not later than December 31 each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on employment at the headquarters of Veterans Integrated Service Networks during the most recently completed fiscal year. (C) Each report submitted under subparagraph (B) shall include the following for the year covered by the report: (i) The number of individuals employed at each headquarters of a Veterans Integrated Service Network. (ii) The number of individuals employed by the Veterans Health Administration in each Veterans Integrated Service Network who are not employed at the same location as the headquarters of the Network. (iii) The title for each position of employment at a headquarters of a Veterans Integrated Service Network. (iv) The title for each position of employment with the Veterans Health Administration in each Veterans Integrated Service Network that is not at the same location as the headquarters of the Network. (v) An assessment of the impact on the budget of the Department by the employment of individuals at the headquarters of the Veterans Integrated Service Networks. (g) Triennial structure review, reassessment, and report (1) Beginning three years after the date of the enactment of this section and not less frequently than once every three years thereafter, the Secretary shall conduct a review and assessment of the structure and operations of the Veterans Integrated Service Networks in order to identify recommendations— (A) for streamlining and reducing costs associated with the operation of each headquarters of a Veterans Integrated Service Network; and (B) for reducing costs of health care within the Veterans Health Administration. (2) Not later than 180 days after conducting a review and assessment under paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such review and assessment, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the Veterans Integrated Service Networks. . (2) Clerical amendment The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7309 the following new item: 7310. Veterans Integrated Service Networks. . (b) Relocation of headquarters (1) In general In the case of a headquarters office of a Veterans Integrated Service Network that on the day before the date of the enactment of this Act was in a location that was not co-located with a Department of Veterans Affairs medical center and the Secretary is engaged in a lease for such location, the Secretary may— (A) relocate such headquarters upon the expiration of such lease so that such headquarters is co-located as required by section 7310(f)(2) (B) notwithstanding such section 7310(f)(2) (as so added), renew such lease or enter into a new lease to keep such headquarters in such location. (2) Report If the Secretary renews a lease or engages in a new lease under paragraph (1)(B), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before renewing such lease or engaging in such lease, a report describing the reasons for such renewal or engagement. Such report shall include the following: (A) A list of Department of Veterans Affairs medical centers in the Veterans Integrated Service Network of the headquarters with underutilized buildings, the number of such buildings, and the total underutilized square footage for each such medical center. (B) The cost of the current lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the current square footage being leased. (C) The cost of the new lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. (c) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 502. Regional support centers for Veterans Integrated Service Networks (a) In general Subchapter I of chapter 73, as amended by section 501(a)(1) of this Act, is further amended by adding at the end the following new section: 7310A. Regional support centers for Veterans Integrated Service Networks (a) Establishment The Secretary shall establish not more than four regional support centers within the Veterans Health Administration to assess the effectiveness and efficiency of the Veterans Integrated Service Networks. The head of each regional support center shall report to the Under Secretary of Health. (b) Functions The functions of the regional support centers established under subsection (a) are as follows: (1) To assess the quality of work performed within finance operations and other compliance related activities of the Veterans Integrated Service Networks. (2) To assess how effectively and efficiently each Veterans Integrated Service Network conducts outreach to veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, or any other contingency operation (as that term is defined in section 101 (3) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs for the benefit of women veterans. (4) To assess how effectively and efficiently each Veterans Integrated Service Network conducts programs that address homelessness among veterans. (5) To assess how effectively and efficiently each Veterans Integrated Service Network consumes energy. (6) To assess such other matters concerning the operations and activities of the Veterans Integrated Service Networks as the Secretary considers appropriate. (c) Staff The Secretary may hire such employees and contractors as the Secretary considers appropriate to carry out the functions of the regional support centers. (d) Location of regional support centers (1) Except as provided in paragraph (2), the location of each regional support center established under subsection (a) shall be determined by the Secretary and co-located with a medical center of the Department. (2) The Secretary may choose a location for a regional support center established under subsection (a) that is not co-located with a medical center of the Department if the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, before entering into a contract for a location that is not co-located with a medical center, a report describing the reasons for choosing a location for the regional support center that is not co-located with a medical center of the Department. Such report shall include the following: (A) A list of medical centers of the Department in the Veterans Integrated Service Network of the regional support center with underutilized buildings, the number of all Veterans Health Administration buildings in such Network, and the total underutilized square footage for each medical center of the Department in such Network. (B) The estimated cost of such lease (the annual amount of rent, the total cost over the life of the lease, and the total cost per square foot) and the square footage to be leased. . (b) Initial staffing In providing for the initial staff of each regional support center established under section 7310A(a) of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall, to the degree practicable, transfer employees from headquarters of Veterans Integrated Service Networks to regional support centers who were employed in positions at such headquarters that covered functions similar to those described in section 7310A(b) of such title, as so added. (c) Clerical amendment The table of sections at the beginning of chapter 73, as amended by section 501(a)(2) of this Act, is further amended by inserting after the item relating to section 7310 the following new item: 7310A. Regional support centers for Veterans Integrated Service Networks. . (d) Construction Nothing in this section shall be construed to require any change in the location or type of medical care or service provided by a Department of Veterans Affairs medical center, a Department community based outpatient clinic, a center for readjustment counseling and related mental health services for veterans under section 1712A vet center (e) Effective date This section, and the amendments made by this section, shall take effect on the date that is one year after the date of the enactment of this Act. 503. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (a) Establishment of commission (1) Establishment There is established the Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall, subject to subparagraph (B), be composed of 10 voting members as follows: (i) 1 shall be appointed by the President. (ii) 1 shall be appointed by the Administrator of General Services. (iii) 3 shall be appointed by the Secretary of Veterans Affairs, of whom— (I) 1 shall be an employee of the Veterans Health Administration; (II) 1 shall be an employee of the Office of Asset Enterprise Management of the Department of Veterans Affairs; and (III) 1 shall be an employee of the Office of Construction and Facilities Management of the Department of Veterans Affairs. (iv) 1 shall be appointed by the Secretary of Defense from among employees of the Army Corps of Engineers. (v) 1 shall be appointed by the majority leader of the Senate. (vi) 1 shall be appointed by the minority leader of the Senate. (vii) 1 shall be appointed by the Speaker of the House of Representatives. (viii) 1 shall be appointed by the minority leader of the House of Representatives. (B) Requirement relating to certain appointments of voting members Of the members appointed pursuant to clauses (i), (ii), and (iv) through (viii) of subparagraph (A), all shall have expertise in capital leasing, construction, or health facility management planning. (C) Non-voting members The Commission shall be assisted by 10 non-voting members, appointed by the vote of a majority of members of the Commission under subparagraph (A), of whom— (i) 6 shall be representatives of veterans service organizations recognized by the Secretary of Veterans Affairs; and (ii) 4 shall be individuals from outside the Department of Veterans Affairs with experience and expertise in matters relating to management, construction, and leasing of capital assets. (D) Date of appointment of voting members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which 7 members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chair. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. (b) Duties of commission (1) In general The Commission shall undertake a comprehensive evaluation and assessment of various options for capital planning for Department of Veterans Affairs medical facilities, including an evaluation and assessment of the mechanisms by which the Department currently selects means for the delivery of health care, whether by major construction, major medical facility leases, sharing agreements with the Department of Defense, the Indian Health Service, and Federally Qualified Health Clinics under section 330 of the Public Health Service Act ( 42 U.S.C. 254b (2) Context of evaluation and assessment In undertaking the evaluation and assessment, the Commission shall consider— (A) the importance of access to health care through the Department, including associated guidelines of the Department on access to, and drive time for, health care; (B) limitations and requirements applicable to the construction and leasing of medical facilities for the Department, including applicable laws, regulations, and costs as determined by both the Congressional Budget Office and the Office of Management and Budget; (C) the nature of capital planning for Department medical facilities in an era of fiscal uncertainty; (D) projected future fluctuations in the population of veterans; and (E) the extent to which the Department was able to meet the mandates of the Capital Asset Realignment for Enhanced Services Commission. (3) Particular considerations In undertaking the evaluation and assessment, the Commission shall address, in particular, the following: (A) The Major Medical Facility Lease Program of the Department, including an identification of potential improvements to the lease authorization processes under that Program. (B) The management processes of the Department for its Major Medical Facility Construction Program, including processes relating to contract award and management, project management, and processing of change orders. (C) The overall capital planning program of the Department for medical facilities, including an evaluation and assessment of— (i) the manner in which the Department determines whether to use capital or non-capital means to expand access to health care; (ii) the manner in which the Department determines the disposition of under-utilized and un-utilized buildings on campuses of Department medical centers, and any barriers to disposition; (iii) the effectiveness of the facility master planning initiative of the Department; and (iv) the extent to which sustainable attributes are planned for to decrease operating costs for Department medical facilities. (D) The current backlog of construction projects for Department medical facilities, including an identification of the most effective means to quickly secure the most critical repairs required, including repairs relating to facility condition deficiencies, structural safety, and compliance with the Americans With Disabilities Act of 1990. (4) Reports Subject to paragraph (5), the Commission shall submit to the Secretary of Veterans Affairs, and to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, reports as follows: (A) Not later than six months after its initial meeting under subsection (a)(4), a report on the Major Medical Facility Lease Program and the Congressional lease authorization process. (B) Not later than one year after its initial meeting, a report— (i) on the management processes of the Department for the construction of Department medical facilities; and (ii) setting forth an update of any matters covered in the report under subparagraph (A). (C) Not later than 18 months after its initial meeting, a report— (i) on the overall capital planning program of the Department for medical facilities; and (ii) setting forth an update of any matters covered in earlier reports under this paragraph. (D) Not later than two years after its initial meeting, a report— (i) on the current backlog of construction projects for Department medical facilities; (ii) setting forth an update of any matters covered in earlier reports under this paragraph; and (iii) including such other matters relating to the duties of the Commission that the Commission considers appropriate. (E) Not later than 27 months after its initial meeting, a report on the implementation by the Secretary of Veterans Affairs pursuant to subsection (g) of the recommendations included pursuant to paragraph (5) in the reports under this paragraph. (5) Recommendations Each report under paragraph (4) shall include, for the aspect of the capital asset planning process of the Department covered by such report, such recommendations as the Commission considers appropriate for the improvement and enhancement of such aspect of the capital asset planning process. (c) Powers of commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of commission The Commission shall terminate 60 days after the date on which the Commission submits its report under subsection (b)(4)(E). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission such amounts as the Secretary and the Chair of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Action on recommendations (1) In general The Secretary of Veterans Affairs shall implement each recommendation included in a report under subsection (b)(4) that the Secretary considers feasible and advisable and can be implemented without further legislative action. (2) Reports Not later than 120 days after receipt of a report under subparagraphs (A) through (D) of subsection (b)(4), the Secretary shall submit to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in such report. (B) For each recommendation assessed as feasible and advisable— (i) if such recommendation does not require further legislative action for implementation, a description of the actions taken, and to be taken, by the Secretary to implement such recommendation; and (ii) if such recommendation requires further legislative action for implementation, recommendations for such legislative action. 504. Advance appropriations for certain accounts of the Department of Veterans Affairs (a) In general Section 117 is amended— (1) by striking medical care accounts of the Department covered accounts of the Department (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account accounts of the Department of Veterans Affairs account (B) in paragraph (1), by inserting Veterans Health Administration, (1) (C) in paragraph (2), by inserting Veterans Health Administration, (2) (D) in paragraph (3), by inserting Veterans Health Administration, (3) (E) by redesignating paragraphs (1) through (3) as paragraphs (7) through (9), respectively; (F) by inserting before paragraph (7), as redesignated by subparagraph (E), the following new paragraphs: (1) Veterans Benefits Administration, Compensation and Pensions. (2) Veterans Benefits Administration, Readjustment Benefits. (3) Veterans Benefits Administration, Veterans Insurance and Indemnities. (4) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (5) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. ; and (G) in the subsection heading, by striking Medical care accounts Covered accounts (3) in the section heading, by striking certain medical care accounts certain accounts (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. (c) Conforming amendment Section 1105 (37) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs: (A) Veterans Benefits Administration, Compensation and Pensions. (B) Veterans Benefits Administration, Readjustment Benefits. (C) Veterans Benefits Administration, Veterans Insurance and Indemnities. (D) Veterans Benefits Administration, Veterans Housing Benefit Program Fund. (E) Veterans Benefits Administration, Vocational Rehabilitation Loans Program Account. (F) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (G) Veterans Health Administration, Medical Services. (H) Veterans Health Administration, Medical Support and Compliance. (I) Veterans Health Administration, Medical Facilities. . (d) Technical correction Such section is further amended by redesignating the second paragraph (37), as added by section 11(a)(2) of the GPRA Modernization Act of 2010 ( Public Law 111–352 505. Public access to Department of Veterans Affairs research and data sharing between Departments (a) Establishment of Internet website The Secretary of Veterans Affairs shall make available on an Internet website of the Department of Veterans Affairs available to the public the following: (1) Data files that contain information on research of the Department. (2) A data dictionary on each data file. (3) Instructions for how to obtain access to each data file for use in research. (b) Public access to manuscripts on Department funded research (1) In general Beginning not later than 540 days after the effective date specified in subsection (e), the Secretary shall require, as a condition on the use of any data gathered or formulated from research funded by the Department, that any final, peer-reviewed manuscript prepared for publication that uses such data be submitted to the Secretary for deposit in the digital archive under paragraph (2) and publication under paragraph (3). (2) Digital archive Not later than 540 days after the effective date specified in subsection (e), the Secretary shall— (A) establish a digital archive consisting of manuscripts described in paragraph (1); or (B) partner with another executive agency to compile such manuscripts in a digital archive. (3) Public availability (A) Availability of archive The Secretary shall ensure that the digital archive under paragraph (2) and the contents of such archive are available to the public via a publicly accessible Internet website at no cost to the public. (B) Availability of manuscripts The Secretary shall ensure that each manuscript submitted to the Secretary under paragraph (1) is available to the public under subparagraph (A) not later than one year after the official date on which the manuscript is otherwise published. (4) Consistent with copyright law The Secretary shall carry out this subsection in a manner consistent with applicable copyright law. (5) Annual report (A) In general Not later than one year after the date the Secretary begins making manuscripts available to the public under this subsection and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of this subsection during the most recent one-year period. (B) Contents Each report submitted under subparagraph (A) shall include for the period of the report: (i) The number of manuscripts submitted under paragraph (1). (ii) The titles of such manuscripts. (iii) The authors of such manuscripts. (iv) For each such manuscript, the name and issue number or volume number, as the case may be, of the journal or other publication in which such manuscript was published. (c) Recommendations for data sharing between Department of Veterans Affairs and Department of Defense Not later than one year after the effective date specified in subsection (e), the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) Veterans. (2) Members of the Armed Forces. (3) Family members of veterans. (4) Family members of members of the Armed Forces. (5) Members of communities that have a significant population of veterans or members of the Armed Forces. (d) Executive agency defined In this section, the term executive agency section 133 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 506. Assessment by Comptroller General of the United States of information made available by Veterans Benefits Administration (a) Assessment of information currently available Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct an assessment of the process by which the Veterans Benefits Administration informs veterans, veterans service organizations, and such other persons as the Comptroller General considers appropriate regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs to determine the extent to which the process results in disseminated information that— (A) adequately supports and improves the timeliness and accuracy of decisions made by the Administration with respect to claims for disability compensation and such other benefits furnished under laws administered by the Secretary of Veterans Affairs as the Comptroller General considers appropriate; and (B) encourages the filing of fully developed claims for benefits under laws administered by the Secretary; and (2) assess how the Veterans Benefits Administration notifies each claimant during, and as part of, any electronic filing process established by the Secretary for the filing of applications for disability compensation and such other benefits under laws administered by the Secretary as the Comptroller General considers appropriate that services may be available to the claimant from a veterans service organization. (b) Report Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Comptroller General under subsection (a). Such report shall include such recommendations as the Comptroller General may have for legislative or administrative action to improve the availability of information made available to the public by the Veterans Benefits Administration regarding the furnishing of benefits under laws administered by the Secretary of Veterans Affairs. (c) Veterans service organization defined In this section, the term veterans service organization section 5902 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 507. Comptroller general report on advisory committees of the Department of Veterans Affairs (a) In general Not later than one year after the effective date specified in subsection (c), the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the advisory committees of the Department of Veterans Affairs. (b) Contents The report required by subsection (a)— (1) shall include— (A) recommendations or proposals for continuing, modifying, or terminating certain advisory committees, including noting areas of overlap and duplication among the advisory committees; and (B) such other information as the Comptroller General considers appropriate; and (2) may include— (A) a description of each advisory committee, including with respect to each committee— (i) the purpose of the committee; (ii) the commencement date of the committee; and (iii) the anticipated termination date of the committee; (B) a summary of the anticipated expenses and the actual expenses incurred for each advisory committee during the most recent three fiscal years ending before the date of the enactment of this Act; and (C) with respect to meetings held by each advisory committee— (i) the frequency with which each committee has met during the shorter of— (I) the most recent three fiscal years ending before the date of the enactment of this Act; and (II) the life of the committee; (ii) the date of the most recent meeting held by the committee before such date of enactment; and (iii) the date of the most recent report or other written product developed by the committee before such date of enactment. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. VI Improvement of Processing of Claims for Compensation A Claims Based on Military Sexual Trauma 601. Medical examination and opinion for disability compensation claims based on military sexual trauma (a) In general Section 5103A(d) is amended by adding at the end the following new paragraph: (3) (A) In the case of a claim for disability compensation based on a mental health condition related to military sexual trauma, the Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)— (i) (I) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and (II) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service; but (ii) does not contain a diagnosis or opinion by a mental health professional that may assist in corroborating the occurrence of a military sexual trauma stressor related to a diagnosable mental health condition. (B) In this paragraph, the term military sexual trauma sexual harassment . (b) Report Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the number of examinations and opinions conducted by the Secretary pursuant to paragraph (3) of section 5103A(d) (1) The number of examinations conducted using a standardized disability assessment. (2) The number of examinations conducted using a non-standardized clinical interview. 602. Case representative officers for military sexual trauma support (a) In general The Secretary of Veterans Affairs shall assign to each individual seeking compensation under the laws administered by the Secretary based on military sexual trauma a case representative officer who shall provide advice and general information to such individual on the claims process for such compensation. Each case representative officer so assigned shall be assigned from among current personnel of the Department of Veterans Affairs. (b) Liaison A case representative officer assigned to an individual under subsection (a) shall be responsible for serving as a liaison between the individual, an authorized agent or attorney of the individual under section 5904 (c) Case representative officer requirements (1) Competence and knowledge Each case representative officer assigned under subsection (a) shall be competent and knowledgeable about the following: (A) The claims adjudication process and applicable laws, regulations, and other authority applicable to the adjudication of disability claims based on military sexual trauma. (B) Such other services to victims of sexual trauma as the Secretary considers appropriate. (2) Limitation on number of individuals to which assigned A case representative officer may not be assigned to more individuals described in subsection (a) than, as determined by the Secretary, is appropriate for the provision of individual case management assistance by such officer. (d) Information on benefits and programs relating to military sexual trauma (1) In general The Secretary shall make available to the public information on the availability of case representative officers under subsection (a) to assist in the application for benefits based on military sexual trauma. The Secretary shall revise and update the information so made available in order to ensure that the information is as current as possible. (2) Individuals separating from military service The Secretary shall, in consultation with the Secretary of Defense, ensure that individuals who are being separated from the active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for benefits based on military sexual trauma and the availability of case representative officers under subsection (a). (e) Information on training for agents and representatives of individuals assigned case representative officer The Secretary shall make available to the authorized agent or attorney of an individual assigned a case representative under subsection (a), or to the otherwise accredited representative of the individual, any relevant materials used to train such case representative officer for the duties of such position. (f) Advisory Committee on Women Veterans consideration of mechanisms To enhance coordination between VBA and VHA on benefits for military sexual trauma The Advisory Committee on Women Veterans established under section 542 (g) Annual reports Not less frequently than annually, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following: (1) A certification whether or not the case representative officers assigned under subsection (a) during the preceding year met the requirements specified in subsection (c). (2) A description of the current training the Secretary provides to employees of the Veterans Benefits Administration on claims for benefits based on military sexual trauma, including the frequency, length, and content of such training. (3) A description of current policies and procedures on the training the Secretary provides to case representative officers, including the current position descriptions for case representative officers. (4) A description of current efforts to coordinate activities and assistance provided to individuals who seek care or benefits for military sexual trauma between the Veterans Health Administration and Veterans Benefits Administration, including the efforts of the Advisory Committee on Women Veterans under subsection (f). (h) Sunset (1) In general No case representative officer may be assigned under subsection (a) after December 31, 2018. (2) Continuation of duties after sunset date Paragraph (1) shall not be construed to prohibit any case representative officer assigned to an individual before the date specified in that paragraph from performing duties pursuant to this section after that date with respect to a claim for which that case representative officer was assigned to such individual before that date. (i) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Military sexual trauma The term military sexual trauma sexual harassment 603. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the current standard of proof for service-connection under chapter 11 (b) Recommendations The Secretary shall include in the report under subsection (a) any recommendations the Secretary considers appropriate to improve the adjudication of claims for compensation based on military sexual trauma, including— (1) recommendations for an appropriate standard of proof for such claims if the Secretary considers such recommendations advisable; and (2) recommendations for legislative action, if necessary, to carry out such improvement. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered mental health condition The term covered mental health condition (3) Military sexual trauma The term military sexual trauma sexual harassment 604. Reports on claims for disabilities incurred or aggravated by military sexual trauma (a) Reports Not later than December 1, 2014, and each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to Congress a report on the covered claims submitted to the Secretary during the previous fiscal year. (b) Elements Each report under subsection (a) shall include the following: (1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. (2) Of the covered claims under paragraph (1), the number and percentage of such claims— (A) submitted by each gender; (B) that were approved, including the number and percentage of such approved claims submitted by each gender; and (C) that were denied, including the number and percentage of such denied claims submitted by each gender. (3) Of the covered claims under paragraph (1) that were approved, the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability. (4) Of the covered claims under paragraph (1) that were denied— (A) the three most common reasons given by the Secretary under section 5104(b)(1) (B) the number of denials that were based on the failure of a veteran to report for a medical examination. (5) Of the covered claims under paragraph (1) that were resubmitted to the Secretary after denial in a previous adjudication— (A) the number of such claims submitted to or considered by the Secretary during the fiscal year covered by the report; (B) the number and percentage of such claims— (i) submitted by each gender; (ii) that were approved, including the number and percentage of such approved claims submitted by each gender; and (iii) that were denied, including the number and percentage of such denied claims submitted by each gender; (C) the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability; and (D) of such claims that were again denied— (i) the three most common reasons given by the Secretary under section 5104(b)(1) of such title for such denials; and (ii) the number of denials that were based on the failure of a veteran to report for a medical examination. (6) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. (7) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. (c) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Covered claims The term covered claims (3) Military sexual trauma The term military sexual trauma sexual harassment B Claims for dependency and indemnity compensation 611. Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims (a) In general The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of expediting the treatment of a covered dependency and indemnity compensation claim. (b) Covered dependency and indemnity compensation claims For purposes of this section, a covered dependency and indemnity compensation claim is a claim submitted to the Secretary for compensation under chapter 13 (1) applies for such compensation within one-year of the death of the veteran upon whose service the claim is based; (2) was the dependent on the claim of a veteran who was receiving benefits for one or more service-connected conditions as of the date of death; (3) submits a death certificate or other evidence with the claim indicating that the veteran’s death was due to a service-connected or compensable disability; and (4) in the case that the claimant is the spouse of the deceased veteran, certifies that he or she has not remarried since the date of the veteran’s death. (c) Duration The program shall be carried out during the one-year period beginning on the date that is 90 days after the date of the enactment of this Act. (d) Locations The program shall be carried out at the Pension Management Center of the Department of Veterans Affairs or such centers selected by the Secretary for purposes of the program. (e) Report (1) In general Not later than 270 days after the date on which the program is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (2) Contents The report required by paragraph (1) shall include the following: (A) The number of covered dependency and indemnity compensation claims that were adjudicated under the program, disaggregated by the following: (i) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the spouse of a deceased veteran. (ii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the child of a deceased veteran. (iii) Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the parent of a deceased veteran. (B) The number of covered dependency and indemnity compensation claims that were adjudicated under the program and for which compensation was not awarded, disaggregated by clauses (i) through (iii) of subparagraph (A). (C) A comparison of the accuracy and timeliness of claims adjudicated under the program with claims submitted to the Secretary for compensation under chapter 13 (D) The findings of the Secretary with respect to the program. (E) Such recommendations as the Secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the Secretary for compensation under chapter 13 612. Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children (a) In general Not later than 455 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report with recommendations for legislative or administrative actions to improve the timeliness and accuracy with which the Secretary processes and adjudicates claims for compensation under chapter 13 (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. C Agency of Original Jurisdiction 621. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group to assess and develop recommendations for the improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (b) Composition The working group shall be composed of the following: (1) The Secretary or the Secretary's designee. (2) Individuals selected by the Secretary from among employees of the Department of Veterans Affairs who handle claims for compensation and pension benefits and are recommended to the Secretary by a labor organization for purposes of this section, including at least one of each of the following individuals: (A) A veterans service representative. (B) A rating veterans service representative. (C) A decision review officer. (3) Not fewer than three individuals selected by the Secretary to represent different organizations recognized by the Secretary for the representation of veterans under section 5902 (4) Individuals selected by the Secretary— (A) that are not employees of the Department; and (B) that are experts in work credit and work management systems. (c) Duties The duties of the working group are to assess and develop recommendations for the following: (1) The improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment. (2) A scientific, data based methodology to be used in revising the employee work credit system of the Department to improve the quality and quantity of work produced by employees of the Department. (3) The improvement of the resource allocation model of the Veterans Benefits Administration, with a focus on the processing of claims in an electronic environment. (4) A schedule by which the revisions referred to in paragraph (2) will be implemented by the Department. (d) Review and incorporation of findings from prior study In carrying out its duties under subsection (c), the working group shall review the findings and conclusions of previous studies of the employee work credit and work management systems of the Veterans Benefits Administration. (e) Role of the Secretary The Secretary shall consider the recommendations of the working group and implement such recommendations as the Secretary determines appropriate. (f) Reports (1) Interim report Not later than 180 days after the date of the establishment of the working group, the working group shall submit to Congress a report on the progress of the working group. (2) Final report Not later than one year after the date of the establishment of the working group, the Secretary shall submit to Congress the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). (g) Implementation of methodology and schedule After submitting the report under subsection (f), the Secretary shall take such actions as may be necessary to apply the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e). 622. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators (a) Establishment The Secretary of Veterans Affairs shall establish a task force to assess retention and training of claims processors and adjudicators that are employed by the Department of Veterans Affairs and other departments and agencies of the Federal Government. (b) Composition The task force shall be composed of the following: (1) The Secretary of Veterans Affairs or designee. (2) The Director of the Office of Personnel Management or designee. (3) The Commissioner of Social Security or designee. (4) An individual selected by the Secretary of Veterans Affairs who represents an organization recognized by the Secretary for the representation of veterans under section 5902 (5) Such other individuals selected by the Secretary who represent such other organizations and institutions as the Secretary considers appropriate. (c) Duration The task force established under subsection (a) shall terminate not later than two years after the date on which the task force is established under such subsection. (d) Duties The duties of the task force are as follows: (1) To identify key skills required by claims processors and adjudicators to perform the duties of claims processors and adjudicators in the various claims processing and adjudication positions throughout the Federal Government. (2) To identify reasons for employee attrition from claims processing positions. (3) To coordinate with educational institutions to develop training and programs of education for members of the Armed Forces to prepare such members for employment in claims processing and adjudication positions in the Federal Government. (4) To identify and coordinate offices of the Department of Defense and the Department of Veterans Affairs located throughout the United States to provide information about, and promotion of, available claims processing positions to members of the Armed Forces transitioning to civilian life and to veterans with disabilities. (5) To establish performance measures to evaluate the effectiveness of the task force. (6) Not later than one year after the date of the establishment of the task force, to develop a Government-wide strategic and operational plan for promoting employment of veterans in claims processing positions in the Federal Government. (7) To establish performance measures to assess the plan developed under paragraph (6), to assess the implementation of such plan, and to revise such plan as the task force considers appropriate. (e) Reports (1) Submittal of plan Not later than one year after the date of the establishment of the task force, the Secretary of Veterans Affairs shall submit to Congress a report on the plan developed by the task force under subsection (d)(6). (2) Assessment of implementation Not later than 120 days after the termination of the task force, the Secretary shall submit to Congress a report that assesses the implementation of the plan developed by the task force under subsection (d)(6). 623. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies (a) Reports required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through the date that is 910 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the attempts of the Department of Veterans Affairs to obtain records necessary to adjudicate claims for benefits from another department or agency of the Federal Government during the 180-day period ending on the date of such report. (b) Elements (1) In general Each report shall set forth the following: (A) For the period covered by such report, the following: (i) The total number of requests made by the Department. (ii) The types of records requested. (iii) The number of requests made before the receipt of each record. (iv) The amount of time between the initial request for each record and the receipt of each record. (v) The number of occurrences of the receipt of a record after the adjudication of the claim for which the record was sought. (vi) A description of the efforts of the Secretary to expedite the delivery of records to the Department from other departments and agencies of the Federal Government. (B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such report. (2) Presentation The information in a report under clauses (i) through (v) of paragraph (1)(A) shall be set forth separately for each department and agency of the Federal Government covered by such report. 624. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs Section 5902(a)(1) is amended by inserting , including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b as the Secretary may approve 625. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs (a) Program required The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of entering into memoranda of understanding with local governments and tribal organizations— (1) to improve the quality of claims submitted to the Secretary for compensation under chapter 11 of title 38, United States Code, and pension under chapter 15 of such title; and (2) to provide assistance to veterans who may be eligible for such compensation or pension in submitting such claims. (b) Minimum number of participating tribal organizations In carrying out the program required by subsection (a), the Secretary shall enter into, or maintain existing, memoranda of understanding with at least— (1) two tribal organizations; and (2) 10 State or local governments. (c) Duration The program shall be carried out during the two-year period beginning on the date of the commencement of the program. (d) Report (1) Initial report Not later than one year after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (2) Final report Not later than 180 days after the termination of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments. (B) An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary. (C) The findings and conclusions of the Secretary with respect to the program. (D) Such recommendations for continuation or expansion of the program as the Secretary considers appropriate. (e) Tribal organization defined In this section, the term tribal organization section 3765 626. Department of Veterans Affairs notice of average times for processing compensation claims (a) Public notice The Secretary of Veterans Affairs shall, to the extent practicable, post the information described in subsection (b)— (1) in physical locations, such as Regional Offices or other claims in-take facilities, that the Secretary considers appropriate; (2) on the Internet website of the Department; and (3) through other mediums or using such other methods, including collaboration with veterans service organizations, as the Secretary considers appropriate. (b) Information described (1) In general The information described in this subsection is the average processing time of the claims described in paragraph (2). (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim. (B) A claim that is not fully developed. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter. (c) Expiration of requirements The requirements of subsection (a) shall expire on December 31, 2015. (d) Veterans service organization defined In this section, the term veterans service organization section 5902 627. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated (a) In general Not later than 90 days after the date of the enactment of this Act and not less frequently than quarterly thereafter through calendar year 2015, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the backlog of claims filed with the Department of Veterans Affairs for compensation that have not been adjudicated by the Department. (b) Contents Each report submitted under subsection (a) shall include the following: (1) For each month through calendar year 2015, a projection of the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the expected impact of those initiatives on accuracy and timeliness of adjudication of claims. (2) For each quarter through calendar year 2015, a projection of the average accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (3) For each month during the most recently completed quarter, the following: (A) The number of claims completed. (B) The number of claims received. (C) The number of claims on backlog at the end of the month. (D) The number of claims pending at the end of the month. (E) The number of appeals pending at the end of the month. (F) A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the impact of those initiatives on accuracy and timeliness of adjudication of claims. (G) An assessment of the accuracy of disability determinations for compensation claims that require a disability rating (or disability decision). (4) For the most recently completed quarter— (A) the number of cases physically received at the Board of Veterans’ Appeals and docketed; (B) the number of cases pending at the Board of Veterans’ Appeals at the end of the quarter; (C) the number of cases physically at the Board of Veterans’ Appeals at the end of the quarter; (D) the number of notices of disagreement and appeals filed to the agency of original jurisdiction referred to in section 7105(b)(1) (E) the number of decisions made by the Board of Veterans’ Appeals and the percentage of such decisions that were allowed, remanded, denied, or otherwise disposed of. (c) Availability to public The Secretary shall make each report submitted under subsection (a) available to the public. (d) On backlog and pending defined In this section, the terms on backlog pending 628. Reports on use of existing authorities to expedite benefits decisions (a) Report on current use of temporary, intermediate, and provisional rating decisions (1) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the use of temporary, intermediate, and provisional rating decisions to expedite the benefits decisions of the Department of Veterans Affairs. (2) Report elements The report required by paragraph (1) shall include the following: (A) With respect to temporary and intermediate rating decisions, the following: (i) The number of temporary and intermediate rating decisions issued by the Department during each of fiscal years 2011, 2012, and 2013. (ii) A description of any reasons or obstacles that prevent use of existing authorities to issue temporary or intermediate rating decisions. (iii) A description of the Quick Pay Disability initiative, including the rationale for not expanding the initiative beyond pilot program status. (B) With respect to provisional rating decisions, the following: (i) The number of provisional rating decisions issued by the Department during the oldest claims first initiative. (ii) Of the provisional rating decisions issued during the oldest claims first initiative— (I) the number of such decisions that involved a claim granted; (II) the number of such decisions that involved a claim denied; and (III) the number of such decisions that involved a claim granted in part or a claim denied in part. (iii) A statement of the most common reasons claims were not granted earlier under the oldest claims first initiative when there was sufficient evidence to render an award of benefits in the provisional rating decision. (iv) The average number of days to issue a provisional rating decision under the oldest claims first initiative. (v) Of the total number of decisions that were completed under the oldest claims first initiative— (I) the number that were Category 1 claims and received a final rating decision; and (II) the number that were Category 2 claims and received a provisional rating decision. (vi) The number of rating decisions issued during the oldest claims first imitative that involved a brokered claim, set forth by number of such claims by Regional Office of the Department, including— (I) the number of brokered claims received by each Regional Office; and (II) the number of brokered claims issued by each Regional Office. (vii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested that the provisional decision become final in order to appeal. (viii) The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested an appeal after the expiration of the 1-year period beginning on the date of notification of the provisional rating decision. (ix) An assessment of the accuracy of provisional rating decisions issued during the oldest claims first initiative, set forth by Category 1 claims and Category 2 claims. (C) Such other matters as the Secretary considers appropriate for purposes of the report. (3) Supplemental information If the Secretary continues to obtain information on rating decisions under clauses (vii) and (viii) of paragraph (2)(B) after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on such information that supplements the information on such clauses in the report under paragraph (1) when the Secretary completes accumulation of such information. (b) Plan for increase in use of temporary or intermediate rating decisions (1) Report on plan required Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department when the record contains sufficient evidence to grant any claim at issue, including service connection. (2) Plan elements The plan required under paragraph (1) shall include the following: (A) Mechanisms to overcome obstacles to the use of temporary or intermediate rating decisions, including mechanisms (such as upgrades) to assure the ability of the Veterans Benefits Management System to facilitate the issuance of temporary or intermediate rating decisions. (B) Mechanisms to ensure that appropriate claimant populations, such as claimants who file complex or multi-issue disability compensation claims, benefit from the availability of temporary or intermediate rating decisions. (C) Mechanisms to provide for the use of temporary or intermediate rating decisions, including mechanisms to resolve whether a request by a claimant or claimant representative should trigger use of a temporary or intermediate rating decision depending on the circumstances of the claimant. (D) Mechanisms to prevent the use of temporary or intermediate rating decisions in lieu of a final rating decision when a final rating decision could be made with little or no additional claim development. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department. 629. Reports on Department disability medical examinations and prevention of unnecessary medical examinations (a) Report on disability medical examinations furnished by Department of Veterans Affairs (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the furnishing of general medical and specialty medical examinations by the Department of Veterans Affairs for purposes of adjudicating claims for benefits under laws administered by the Secretary. (2) Contents The report submitted under paragraph (1) shall include the following: (A) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating claims for benefits under laws administered by the Secretary. (B) The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which a comprehensive joint examination was conducted, but for which no disability relating to a joint, bone, or muscle had been asserted as an issue in the claim. (C) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim. (D) The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which one or more joint examinations were conducted. (E) A summary with citations to any medical and scientific studies that provide a basis for determining that three repetitions is adequate to determine the effect of repetitive use on functional impairments. (F) The names of all examination reports, including general medical examinations and Disability Benefits Questionnaires, used for evaluation of compensation and pension disability claims which require measurement of repeated ranges of motion testing and the number of examinations requiring such measurements which were conducted in fiscal year 2012. (G) The average amount of time taken by an individual conducting a medical examination to perform the three repetitions of movement of each joint. (H) A discussion of whether there are more efficient and effective scientifically reliable methods of testing for functional loss on repetitive use of an extremity other than the three time repetition currently used by the Department. (I) Recommendations as to the continuation of the practice of measuring functional impairment by using three repetitions of movement of each joint during the examination as a criteria for evaluating the effect of repetitive motion on functional impairment with supporting rationale. (b) Report and plan To prevent the ordering of unnecessary medical examinations (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code. (2) Contents The report required by paragraph (1) shall include the following: (A) Criteria used by the Secretary to determine if a claim is eligible for the Acceptable Clinical Evidence initiative. (B) The number of claims determined to be eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the initiation of the initiative and ending on the date of the enactment of this Act, disaggregated— (i) by fiscal year; and (ii) by claims determined eligible based in whole or in part on medical evidence provided by a private health care provider. (C) The total number of claims determined to be eligible for the Acceptable Clinical Evidence initiative that required an employee of the Department to supplement the evidence with information obtained during a telephone interview with a claimant or health care provider. (D) Information on any other initiatives or efforts, including disability benefits questionnaires, of the Department to further encourage the use of medical evidence provided by a private health care provider and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim. (E) A plan— (i) to measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim; and (ii) that includes the actions the Secretary will take to eliminate any request by the Department for a medical examination in the case of a claim for benefits under chapter 11 or 15 of such title in support of which a claimant submits medical evidence or a medical opinion provided by a private health care provider that is competent, credible, probative, and otherwise adequate for purposes of making a decision on that claim. D Board of Veterans' Appeals and Court of Appeals for Veterans Claims 631. Determination of manner of appearance for hearings before Board of Veterans' Appeals (a) In general Section 7107 is amended— (1) in subsection (a)(1), by striking in subsection (f) in subsection (g) (2) by redesignating subsection (f) as subsection (g); and (3) by striking subsections (d) and (e) and inserting the following new subsections: (d) (1) Except as provided in paragraph (2), a hearing before the Board shall be conducted through picture and voice transmission, by electronic or other means, in such a manner that the appellant is not present in the same location as the members of the Board during the hearing. (2) (A) A hearing before the Board shall be conducted in person upon the request of an appellant. (B) In the absence of a request under subparagraph (A), a hearing before the Board may also be conducted in person as the Board considers appropriate. (e) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(1), the Secretary shall provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at an appropriate facility within the area served by a regional office to participate as so described. (2) Any hearing conducted as described in subsection (d)(1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. (f) (1) In a case in which a hearing before the Board is to be held as described in subsection (d)(2), the appellant may request that the hearing be held at the principal location of the Board or at a facility of the Department located within the area served by a regional office of the Department. (2) A hearing to be held within an area served by a regional office of the Department shall (except as provided in paragraph (3)) be scheduled to be held in accordance with the place of the case on the docket under subsection (a) relative to other cases on the docket for which hearings are scheduled to be held within that area. (3) A hearing to be held within an area served by a regional office of the Department may, for cause shown, be advanced on motion for an earlier hearing. Any such motion shall set forth succinctly the grounds upon which the motion is based. Such a motion may be granted only— (A) if the case involves interpretation of law of general application affecting other claims; (B) if the appellant is seriously ill or is under severe financial hardship; or (C) for other sufficient cause shown. . (b) Effective date The amendments made by subsection (a) shall apply with respect to cases received by the Board of Veterans' Appeals pursuant to notices of disagreement submitted on or after the date of the enactment of this Act. VII Outreach Matters 701. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and certain eligible entities (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of using eligible entities specified in paragraph (2)— (A) to increase awareness of veterans regarding benefits and services for veterans; and (B) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (2) Eligible entities specified The eligible entities specified in this paragraph are the following: (A) State and local government agencies. (B) Nonprofit organizations. (C) The Appalachian Regional Commission, established under section 14301(a) (D) The Delta Regional Authority, established under section 382B(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa–1(a) (E) The Denali Commission, established under section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277 (F) The Northern Great Plains Regional Authority, established under section 383B(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009bb–1(a) (G) The Southeast Crescent Regional Commission, the Southwest Border Regional Commission, and the Northern Border Regional Commission established under section 15301(a) of title 40, United States Code. (H) Entities described in subparagraph (I) that serve Native Americans, Alaska Natives, or native Hawaiians (as such terms are defined in section 3765 (I) Commissions and development boards that are— (i) not chartered by the Federal Government; (ii) selected by the Secretary for purposes of the program; and (iii) located in areas that present extraordinary challenges to veterans, as determined by the Secretary, including the following: (I) Areas in severe economic distress. (II) Areas with underdeveloped infrastructure. (III) Areas with unusual geographic characteristics, such as separation from the mainland. (b) Duration The Secretary shall carry out the program for a two-year period. (c) Grants (1) In general The Secretary shall carry out the program through the competitive award of grants to eligible entities— (A) to increase the awareness of veterans regarding benefits and services for veterans; and (B) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (2) Application (A) In general An eligible entity seeking a grant under the program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (B) Elements Each application submitted under subparagraph (A) shall include the following: (i) A description of the consultations, if any, with the Department of Veterans Affairs in the development of any proposal under the application. (ii) A description of the project for which the applicant is seeking a grant under the program, including a plan to coordinate under the program, to the greatest extent possible, the outreach activities of Federal, State, and local government agencies that provide health care, benefits, and services for veterans and nonprofit organizations that provide such care, benefits, and services to enhance the awareness and availability of such care, benefits, and services. (iii) An agreement to report to the Secretary standardized data and other performance measures necessary for the Secretary to evaluate the program and to facilitate evaluation of projects for which grants are awarded under the program. (iv) Such other information as the Secretary may require. (3) Considerations (A) In general In awarding grants under the program to carry out projects, the Secretary shall consider— (i) where the projects will be carried out and which populations are targeted; and (ii) the likelihood that each potential grantee will successfully carry out the grant proposal. (B) Considerations regarding location and target population In taking the matters specified in subparagraph (A)(ii) into consideration, the Secretary shall consider in particular the advisability of awarding grants for projects— (i) carried out in areas with populations that have a high proportion of veteran representation; (ii) carried out in a variety of geographic areas, including urban, rural, and highly rural areas; and (iii) that target a variety of veteran populations, including racial and ethnic minorities, low-income populations, and older populations. (4) Use of funds The Secretary shall establish appropriate uses of grant amounts received under the program. (5) Oversight of use of funds The Secretary shall establish appropriate mechanisms for oversight of the use of grant amounts received under the program, including the evidence grantees must submit to demonstrate use of grant amounts and procedures for the recovery of grant amounts that were improperly used. (6) Limitation In a fiscal year, not more than 20 percent of all grant amounts awarded in that fiscal year may be awarded to a single State entity. (d) State matching requirement The Secretary may not make a grant to a State under subsection (c) unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program or projects for which the grant was awarded, the State will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of Federal funds provided under the grant. (e) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section the following: (1) $2,500,000 for fiscal year 2015. (2) $2,500,000 for fiscal year 2016. (f) Annual report (1) In general Not later than 120 days after the completion of the first calendar year beginning after the date of the commencement of the program, and not less frequently than once every year thereafter for the duration of the program, the Secretary shall submit to Congress a report evaluating the program and the projects supported by grants awarded under the program. (2) Elements The report required by paragraph (1) shall include the following: (A) The findings and conclusions of the Secretary with respect to the program. (B) An assessment of the benefit to veterans of the program. (C) The performance measures used by the Secretary for purposes of the program and data showing the performance of grantees under the program under such measures. (D) The recommendations of the Secretary as to the feasibility and advisability of continuing or expanding or modifying the program. (g) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 702. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities (a) In general Chapter 63 is amended by inserting after section 6306 the following new section: 6306A. Cooperative agreements with States (a) In general The Secretary may enter into cooperative agreements and arrangements with various State agencies and State departments to carry out this chapter and to otherwise carry out, coordinate, improve, or enhance outreach activities of the Department and the States. (b) Report The Secretary shall include in each report submitted under section 6308 of this title a description of the agreements and arrangements entered into by the Secretary under subsection (a). . (b) Clerical amendment The table of sections at the beginning of chapter 63 is amended by inserting after the item relating to section 6306 the following new item: 6306A. Cooperative agreements with States. . 703. Advisory committee on outreach activities of Department of Veterans Affairs (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory committee on outreach activities of the Department of Veterans Affairs. (b) Membership The advisory committee shall be composed of individuals selected by the Secretary from among the following: (1) To the maximum extent practicable, individuals who are eminent in their respective fields of public relations. (2) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (3) To the maximum extent practicable, individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (4) To the maximum extent practicable, individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (5) To the maximum extent practicable, veterans who have experience in press and public relations. (c) Duties The advisory committee shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding all benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; and (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; (2) to assist the Secretary in conducting such other press or public relations activities relating to outreach activities of the Department as the Secretary and the Assistant Secretary for Public and Intergovernmental Affairs consider appropriate; and (3) to ensure coordination and collaboration on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include the following: (A) Compensation and pension benefits. (B) Insurance benefits. (C) Burial and memorial benefits. (D) Education benefits. (E) Vocational rehabilitation and employment benefits. (F) Readjustment counseling benefits. (G) Loan guarantee benefits. (H) Such other benefits as the Secretary considers appropriate. (d) Location of meetings Each meeting of the advisory committee shall take place at a location that is property of the Department and shall, to the maximum extent practicable, use teleconference technology. (e) Consultation The Secretary shall consult with and seek the advice of the advisory committee not less frequently than quarterly on matters relating to the duties of the advisory committee under subsection (c). (f) Reports (1) In general Not less frequently than once every 90 days for the first year and semiannually thereafter, the advisory committee shall submit to Congress and to the Secretary a report on outreach activities of the Department. (2) Recommendations Each report submitted under paragraph (1) shall include such recommendations for legislative and administrative action as the advisory committee considers appropriate to improve the press and public relations of the Department relating to outreach. (g) Termination The advisory committee shall terminate on October 1, 2015, and the requirements and authorities under this section shall terminate on such date. (h) Outreach defined In this section, the term outreach section 6301 704. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care (a) Establishment (1) In general For each entity described in paragraph (2), the Secretary of Veterans Affairs shall, acting through the director of that entity, establish not later than 180 days after the effective date specified in subsection (h) an advisory board at that entity on matters relating to outreach activities of the Department of Veterans Affairs at that entity. (2) Entity described An entity described in this paragraph is— (A) a healthcare system of the Department; or (B) a Veterans Integrated System Network, if such Veterans Integrated System Network does not contain a healthcare system. (b) Membership (1) In general Each advisory board established under subsection (a)(1) shall be, to the maximum extent practicable, composed of individuals selected by the Secretary from among the following: (A) Individuals who are eminent in their respective fields of public relations. (B) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (C) Individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (D) Individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (E) Employees of the Department who are involved in press and public relations strategy for an entity described in subsection (a)(2). (F) To the maximum extent practicable, veterans who have experience in press and public relations. (2) Voluntary participation The participation of an individual selected under paragraph (1) shall be at the election of the individual. (c) Duties Each advisory board established under subsection (a)(1) at an entity described in subsection (a)(2) shall advise the Assistant Secretary for Public and Intergovernmental Affairs— (1) to ensure that the Department of Veterans Affairs is strategically and effectively— (A) engaging the public and Department stakeholders to increase awareness nationally regarding benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; and (E) coordinating and collaborating on efforts within the Department for the development, implementation, and review of local outreach with respect to benefits that include— (i) compensation and pension benefits; (ii) insurance benefits; (iii) burial and memorial benefits; (iv) education benefits; (v) vocational rehabilitation and employment benefits; (vi) readjustment counseling benefits; (vii) loan guarantee benefits; and (viii) such other benefits as the Secretary considers appropriate; and (2) to assist the director of that entity in conducting such other press or public relations activities relating to outreach activities of the Department as that advisory board considers appropriate. (d) Meeting location (1) In general If teleconference technology is not used, meetings of each advisory board established under subsection (a)(1) shall be held at a location that is property of the Department. (2) Teleconference technology Each advisory board shall use, to the maximum extent practicable, teleconference technology. (e) Consultation Each director of an entity described in subsection (a)(2) shall consult with and seek the advice of the advisory board established at such entity not less frequently than once every two months on matters relating to the duties of the advisory board under subsection (c). (f) Annual reports Not less frequently than each year, each advisory board established under subsection (a)(1) shall submit to the Secretary a report with such information as may be beneficial to the Secretary in preparing the reports required by section 6308 of title 38, United States Code. (g) Termination Each advisory board established under subsection (a)(1) and the authorities and requirements of this section shall terminate three years after the effective date specified in subsection (h). (h) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 705. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs (a) In general Section 6308 is amended— (1) in subsection (a), by striking even-numbered (2) in subsection (b)— (A) in paragraph (1), by striking biennial (B) in paragraph (2), by inserting for legislative and administrative action Recommendations (C) by adding at the end the following new paragraph: (3) Recommendations that such administrative actions as may be taken— (A) to maximize resources for outreach activities of the Department; and (B) to focus outreach efforts on activities that are proven to be more effective. . (b) Clerical amendments (1) Section heading The heading for section 6308 is amended by striking Biennial Annual (2) Table of sections The table of sections at the beginning of chapter 63 is amended by striking the item relating to section 6308 and inserting the following new item: 6308. Annual report to Congress. . 706. Budget transparency for outreach activities of Department of Veterans Affairs (a) In general Chapter 63 is amended by inserting after section 6308 the following new section: 6309. Budget transparency (a) Budget requirements In the budget justification materials submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested for such fiscal year for activities of the Office of Public and Intergovernmental Affairs as follows: (1) For outreach activities of the Department in aggregate. (2) For outreach activities of each element of the Department specified in subsection (b)(1). (b) Procedures for effective coordination and collaboration (1) Not later than 180 days after the date of the enactment of the Restoring Veterans Trust Act of 2014 (A) Office of the Secretary. (B) Veterans Health Administration. (C) Veterans Benefits Administration. (D) National Cemetery Administration. (2) The Secretary shall— (A) beginning after the date on which the Secretary establishes procedures under paragraph (1), not less frequently than once every two years conduct a review of the procedures established and maintained under paragraph (1) to ensure that such procedures meet the requirements of such paragraph; (B) make such modifications to such procedures as the Secretary considers appropriate based upon reviews conducted under subparagraph (A) in order to better meet such requirements; and (C) not later than 45 days after completing a review under subparagraph (A), submit to Congress a report on the findings of such review. . (b) Clerical amendment The table of sections at the beginning of chapter 63 is amended by inserting after the item relating to section 6308 the following new item: 6309. Budget transparency. . VIII Enhancement of rights under Service­members Civil Relief Act 801. Modification of period determining which actions are covered under stay of proceedings and adjustment of obligation protections concerning mortgages and trust deeds of members of uniformed services (a) In general Section 303(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 533(b) filed pending (b) Conforming amendments Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 (1) by striking paragraph (1) and inserting the following new paragraph (1): (1) Sunset and revival (A) In general Subsections (b) and (c) of section 303 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 533 within one year within 90 days (B) Effective date The amendments made by subparagraph (A) shall take effect on January 1, 2015. ; and (2) by striking paragraph (3). 802. Protections for members of uniformed services regarding professional licenses (a) In general Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 701 et seq.) is amended by adding at the end the following new section: 707. Professional licenses (a) Expiration during period in which servicemembers are eligible for hostile fire or imminent danger special pay If a license issued by a State or local licensing authority to a servicemember would otherwise expire during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 (b) Continuing education requirements during period in which servicemembers are eligible for hostile fire or imminent danger special pay If a State or local licensing authority otherwise requires a servicemember to meet any continuing education requirements to maintain a license for a trade or profession during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 . (b) Clerical amendment The table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended by inserting after the item relating to section 706 the following new item: Sec. 707. Professional licenses and certifications. . 803. Prohibition on denial of credit because of eligibility for protection Section 108 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 518 (1) by striking Application by (a) Application or receipt Application by ; and (2) by adding at the end the following new subsection: (b) Eligibility (1) In general In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement. (2) Construction Nothing in this subsection shall be construed to prohibit a lender from considering all relevant factors, other than the entitlement of an individual to a right or protection provided under this Act, in making a determination as to whether it is appropriate to extend credit. . 804. Interest rate limitation on debt entered into during military service to consolidate or refinance student loans incurred before military service (a) In general Subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527 (1) in paragraph (1), by inserting on debt incurred before service Limitation to 6 percent (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (3) by inserting after paragraph (1) the following new paragraph (2): (2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service. ; (4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting or (2) paragraph (1) (5) in paragraph (4), as so redesignated, by striking paragraph (2) paragraph (3) (b) Implementation of limitation Subsection (b) of such section is amended— (1) in paragraph (1), by striking the interest rate limitation in subsection (a) an interest rate limitation in paragraph (1) or (2) of subsection (a) (2) in paragraph (2)— (A) in the paragraph heading, by striking as of date of order to active duty (B) by inserting before the period at the end the following: in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2) (c) Student loan defined Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Student loan The term student loan (A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) A private student loan as that term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). . 805. Termination of residential leases after assignment or relocation to quarters of United States or housing facility under jurisdiction of uniformed service (a) Termination of residential leases (1) In general Section 305 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 535 (A) in subsection (a)(1)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (C) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, the date the lessee is assigned to or otherwise relocates to quarters or a housing facility as described in such subparagraph. ; and (B) in subsection (b)(1)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (C) the lease is executed by or on behalf of a person who thereafter and during the term of the lease is assigned to or otherwise relocates to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 . (2) Manner of termination Subsection (c)(1) of such section is amended— (A) in subparagraph (A)— (i) by inserting in the case of a lease described in subsection (b)(1) and subparagraph (A) or (B) of such subsection, by delivery (ii) by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, by delivery by the lessee of written notice of such termination, and a letter from the servicemember's commanding officer indicating that the servicemember has been assigned to or is otherwise relocating to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 . (b) Definition of military orders and continental United States for purposes of Act (1) Transfer of definitions Such Act is further amended by transferring paragraphs (1) and (2) of section 305(i) ( 50 U.S.C. App. 535(i) 50 U.S.C. App. 511 (2) Conforming amendments Such Act is further amended— (A) in section 305 ( 50 U.S.C. App. 535 (B) in section 705 ( 50 U.S.C. App. 595 or naval 806. Protection of surviving spouse with respect to mortgage foreclosure (a) In general Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 303 ( 50 U.S.C. App. 533 303A. Protection of surviving spouse with respect to mortgage foreclosure (a) In general Subject to subsection (b), with respect to a servicemember who dies while in military service and who has a surviving spouse who is the servicemember's successor in interest to property covered under section 303(a), section 303 shall apply to the surviving spouse with respect to that property during the one-year period beginning on the date of such death in the same manner as if the servicemember had not died. (b) Notice required (1) In general To be covered under this section with respect to property, a surviving spouse shall submit written notice that such surviving spouse is so covered to the mortgagee, trustee, or other creditor of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured. (2) Time Notice provided under paragraph (1) shall be provided with respect to a surviving spouse anytime during the one-year period beginning on the date of death of the servicemember with respect to whom the surviving spouse is to receive coverage under this section. (3) Address Notice provided under paragraph (1) with respect to property shall be provided via e-mail, facsimile, standard post, or express mail to facsimile numbers and addresses, as the case may be, designated by the servicer of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured. (4) Manner Notice provided under paragraph (1) shall be provided in writing by using a form designed under paragraph (5) or submitting a copy of a Department of Defense or Department of Veterans Affairs document evidencing the military service-related death of a spouse while in military service. (5) Official forms The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1). . (b) Effective date Section 303A of such Act, as added by subsection (a), shall apply with respect to deaths that occur on or after the date of the enactment of this Act. (c) Clerical amendment The table of contents in section 1(b) of such Act ( 50 U.S.C. App. 501 Sec. 303A. Protection of surviving spouse with respect to mortgage foreclosure. . 807. Improved protection of members of uniformed services against default judgments (a) Modification of plaintiff affidavit filing requirement Paragraph (1) of section 201(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 521(b) (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting such clauses two ems to the right; (2) in the matter before clause (i), as redesignated by paragraph (1), by striking In any (A) In general In any ; and (3) by adding at the end the following new subparagraph (B): (B) Due diligence Before filing the affidavit, the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant’s military status and shall have attached copies of the records on which the plaintiff relied in drafting the affidavit. . (b) Appointment of attorney To represent defendant in military service Paragraph (2) of such section ( 50 U.S.C. App. 521(b) (1) by striking If in an action (A) In general If in an action ; (2) in subparagraph (A), as designated by paragraph (1), by striking If an attorney (C) Limitations on appointed attorney If an attorney ; (3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph: (B) Due diligence If the court appoints an attorney to represent the defendant— (i) the attorney shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the attorney; and (ii) the plaintiff shall submit to the attorney such information as the plaintiff may have concerning the whereabouts or identity of the defendant. ; and (4) by adding at the end the following new subparagraph: (D) Treatment of attorneys fees The reasonable fees of an attorney appointed to represent a servicemember shall be treated as costs of court for court cost purposes, unless the creditor seeks relief from such charges from the court. . 808. Clarification regarding application of enforcement authority of Attorney General and private right of action under Servicemembers Civil Relief Act Sections 801 and 802 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597 and 597a) shall apply as if such sections were included in the enactment of the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, chapter 888) and included in the restatement of such Act in Public Law 108–189 809. Clerical amendments (a) In general The heading for section 305 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 535 residential or motor vehicle leases leases of premises occupied and motor vehicles used (b) Table of contents The table of contents in section 1(b) of such Act ( 50 U.S.C. App. 501(b) Sec. 305. Termination of leases of premises occupied and motor vehicles used. . IX Other Matters 901. Repeal of certain reductions made by Bipartisan Budget Act of 2013 (a) Adjustment of retirement pay Section 403 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 (b) Conforming amendments (1) Applicability to disability and survivor benefits Title X of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76 (2) Applicability to members of the Armed Forces who joined after January 1, 2014 Section 2 of Public Law 113–82 902. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension (a) Veterans Section 1522 is amended— (1) in subsection (a)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of pension under section 1513 or 1521 of this title or the spouse of such veteran disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such veteran under section 1513 or 1521 of this title, as the case may be, for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers that under all the circumstances, if the veteran or spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the veteran's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the veteran's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for pension under section 1513 or 1521 of this title or, if later, the date on which the veteran (or the spouse of the veteran) disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of covered resources so disposed of by the veteran (or the spouse of the veteran) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the veteran's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a veteran under section 1513 or 1521 of this title, including the maximum amount of increased pension payable under such sections on account of family members, but not including any amount of pension payable under such sections because a veteran is in need of regular aid and attendance or is permanently housebound, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a veteran otherwise eligible for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, the spouse of the veteran, or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the veteran, the spouse of the veteran, or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the veteran applies for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child or, if later, the date on which the veteran, the spouse of the veteran, or the child disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the veteran, the spouse of the veteran, or the child on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a veteran under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1513 or 1521 of this title or payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child by reason of the application of subsection (a)(2) or (b)(2) of this section to the disposal of resources by an individual— (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2) or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2) or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a veteran applies for pension under section 1513 or 1521 of this title or increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall— (A) inform such veteran of the provisions of subsections (a)(2) and (b)(2) providing for a period of ineligibility for payment of pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such veteran information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such veteran a timely process for determining whether or not the exception for hardship shall apply to such veteran. . (b) Surviving spouses and children Section 1543 is amended— (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) (A) If a surviving spouse otherwise eligible for payment of pension under section 1541 of this title disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such surviving spouse under section 1541 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the surviving spouse that the Secretary considers that under all the circumstances, if the surviving spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the surviving spouse's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the surviving spouse that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the surviving spouse's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for pension under section 1541 of this title or, if later, the date on which the surviving spouse disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this subparagraph shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the surviving spouse's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a surviving spouse under section 1541 of this title, including the maximum amount of increased pension payable under such section on account of a child, but not including any amount of pension payable under such section because a surviving spouse is in need of regular aid and attendance or is permanently housebound, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (C) by adding at the end the following new paragraph: (4) (A) If a surviving spouse otherwise eligible for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the surviving spouse or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the surviving spouse applies for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or, if later, the date on which the surviving spouse (or the child) disposes of covered resources for less than fair market value. (D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse (or the child) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of increased monthly pension that is payable to a surviving spouse under subsection (c), (d), or (e) of section 1541 of this title on account of a child, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; (2) in subsection (b)— (A) by inserting (1) The Secretary (B) by adding at the end the following new paragraph: (2) (A) If a child otherwise eligible for payment of pension under section 1542 of this title or any person with whom such child is residing who is legally responsible for such child's support disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such child under section 1542 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E). (B) (i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child or the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support that the Secretary considers that under all the circumstances, if the child or person had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance. (ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate described in clause (i) that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance. (C) (i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii). (ii) The date described in this clause is the date on which the child applies for pension under section 1542 of this title or, if later, the date on which the child (or person described in subparagraph (B)) disposes of covered resources for less than fair market value. (D) The date described in this clause is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. (E) The number of months calculated under this clause shall be equal to— (i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the child (or person described in subparagraph (B)) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by (ii) the maximum amount of monthly pension that is payable to a child under section 1542 of this title, rounded down, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ; and (3) by adding at the end the following new subsection: (c) (1) (A) The Secretary shall not deny or discontinue payment of pension under section 1541 or 1542 of this title or payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child by reason of the application of subsection (a)(2), (a)(4), or (b)(2) of this section to the disposal of resources by an individual— (i) if— (I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or (II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or (ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources. (B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance— (i) of medical care such that the individual's life or health would be endangered; (ii) of necessary food or clothing, or other necessities of life; or (iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II). (C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2), (a)(4), or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2), as applicable, shall be recalculated to take into account such return of resources. (2) At the time a surviving spouse or child applies for pension under section 1541 or 1542 of this title or increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall— (A) inform such surviving spouse or child of the provisions of subsections (a)(2), (a)(4), and (b)(2), as applicable, providing for a period of ineligibility for payment of pension or increased pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility; (B) obtain from such surviving spouse or child information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and (C) provide such surviving spouse or child a timely process for determining whether or not the exception for hardship shall apply to such surviving spouse or child. . (c) Effective date Subsections (a)(2), (b)(2), and (c) of section 1522 (d) Annual reports (1) In general Not later than 30 months after the date of the enactment of this Act and not less frequently than once each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the administration of subsections (a)(2), (b)(2), and (c) of section 1522 of title 38, United States Code, as added by subsection (a), and subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such title, as added by subsection (b), during the most recent 12-month period. (2) Elements Each report submitted under paragraph (1) shall include the following, for the period covered by the report: (A) The number of individuals who applied for pension under chapter 15 of such title. (B) The number of individuals who received pension under such chapter. (C) The number of individuals with respect to whom the Secretary denied or discontinued payment of pension under the subsections referred to in paragraph (1). (D) A description of any trends identified by the Secretary regarding pension payments that have occurred as a result of the amendments made by this section. (E) Such other information as the Secretary considers appropriate. (3) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Special Committee on Aging of the Senate; and (B) the Committee on Veterans' Affairs of the House of Representatives. 903. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities (a) In general Subsection (d)(7) of section 5503 is amended by striking November 30, 2016 September 30, 2023 (b) Clerical amendments (1) Section heading The section heading of such section is amended to read as follows: Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care (2) Table of sections The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 5503 and inserting the following new item: 5503. Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care. . 904. Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans (a) Condition (1) In general Section 2012(c)(1) is amended by striking unless the facilities may specify. (A) That the building where the grant recipient or eligible entity provides housing or services for which the grant recipient or eligible entity would receive such payment is in compliance with the codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify. (B) That such building and such housing or services are in compliance with licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the building is located regarding the condition of the building and the provision of such housing or services. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 (b) Annual inspections required Section 2012 is amended by striking subsection (b) and inserting the following new subsection (b): (b) (1) Not less frequently than once each fiscal year, the Secretary shall inspect each facility of each grant recipient or entity eligible for payments under subsection (a) at which the recipients and entities provide services under section 2011 of this title or this section. (2) Except as provided in paragraph (1), inspections made under such paragraph shall be made at such times as the Secretary considers necessary. (3) An inspection of a facility of a recipient or entity described in paragraph (1) made under such paragraph may be made with or without prior notice to the recipient or entity, as the Secretary considers appropriate. (4) No per diem payment may be provided to a grant recipient or eligible entity under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe. . (c) Revocation of certification authorized Subsection (c) of such section is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (1), as amended by subsection (a)(1), by striking in paragraph (2) in paragraph (4) (3) by inserting after paragraph (1) the following new paragraph (2): (2) The Secretary may revoke any certification made under paragraph (1) if the Secretary determines that such certification is no longer accurate. . (d) Congressional notification of termination of per diem required Such subsection is further amended by inserting after paragraph (2) the following new paragraph (3): (3) Not later than 30 days after the date on which the Secretary terminates provision of per diem payment under this section to a grant recipient or an eligible entity, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such termination if such termination were made because a facility of the grant recipient or eligible entity did not comply with— (A) an applicable provision of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirement as the Secretary has specified; or (B) a licensing requirement, fire or safety requirement, or another requirement in the jurisdiction in which the facility is located regarding the condition of the facility. . (e) Treatment of current recipients of per diem payments (1) Assessment In the case of the recipient of a per diem payment under section 2012 (2) Failure to comply In the case described in paragraph (1), if the Secretary does not certify the compliance of the building and the housing or services under such section before the date that is two years after the date of the enactment of this Act, the Secretary may not make any additional per diem payments to the recipient for the provision of such housing or services under section 2012 of such title until the Secretary certifies that such building is and such housing or services are in compliance. (f) Conforming condition on award of grants by Secretary of Veterans Affairs for comprehensive service programs Section 2011(b)(5)(A) is amended by inserting , including housing and building codes, 905. Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans (a) Exception to certain recapture requirements Section 8136(b) is amended by inserting , or the provision of services or conduct of a program pursuant to a contract or grant issued or awarded by the Secretary under subchapter II of chapter 20 or section 2031(a)(2) of this title, outpatient clinic (b) Construction The amendment made by subsection (a) may not be construed to authorize the Secretary of Veterans Affairs to enter into a contract with a State home or award a grant to a State home for the furnishing of residential care for a veteran without— (1) identifying a substantial need for such care; and (2) determining that the State home is the most appropriate provider of such care. 906. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders Section 1156(a)(3) is amended by striking six months 18 months 907. Authority to issue Veterans ID Cards (a) Authority (1) In general The Secretary of Veterans Affairs may issue a card to a veteran that identifies the veteran as a veteran and includes a photo of the veteran and the name of the veteran. (2) No requirement for enrollment or receipt of benefits The Secretary may issue a card under paragraph (1) to a veteran, whether or not such veteran is— (A) enrolled in the system of annual patient enrollment established under section 1705(a) (B) in receipt of educational assistance, compensation, or pension under laws administered by the Secretary. (3) Designation A card issued under paragraph (1) may be known as a Veterans ID Card (b) Recognition of Veterans ID Cards for reduced pricing of pharmaceuticals, consumer products, and services The Secretary may work with national retail chains that offer reduced prices on pharmaceuticals, consumer products, and services to veterans to ensure that such retail chains recognize cards issued under subsection (a)(1) for purposes of offering reduced prices on pharmaceuticals, consumer products, and services. (c) Veteran defined In this section, the term veteran section 101 (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 908. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces Any person who is entitled under chapter 1223 909. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of the Treasury and Commissioner of Social Security for income verification purposes Section 5317(g) is amended by striking September 30, 2016 September 30, 2018 910. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans Section 3729(b)(2) is amended— (1) in subparagraph (A)— (A) in clause (iii), by striking October 1, 2017 September 30, 2023 (B) in clause (iv), by striking October 1, 2017 September 30, 2023 (2) in subparagraph (B)— (A) in clause (i), by striking October 1, 2017 September 30, 2023 (B) in clause (ii), by striking October 1, 2017 September 30, 2023 (3) in subparagraph (C)— (A) in clause (i), by striking October 1, 2017 September 30, 2023 (B) in clause (ii), by striking October 1, 2017 September 30, 2023 (4) in subparagraph (D)— (A) in clause (i), by striking October 1, 2017 September 30, 2023 (B) in clause (ii), by striking October 1, 2017 September 30, 2023 911. Eligibility for interment in national cemeteries for certain naturalized individuals (a) In general Section 2402(a) is amended by adding at the end the following new paragraph: (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 subsection (a) shall apply with respect to an individual dying on or after the date of the enactment of this Act. 912. Canadian Forces Base Gagetown independent study and registry (a) Independent study (1) In general The Secretary of Veterans Affairs shall provide for a study on the potential exposure of individuals to toxic substances or environmental hazards related to service at Canadian Forces Base Gagetown, New Brunswick, Canada, at any time during the period beginning on January 1, 1956, and ending on December 31, 2006. (2) Elements The study required by paragraph (1) shall— (A) assess the health risks associated with the exposure of individuals to toxic substances or environmental hazards described in paragraph (1); and (B) determine if a registry of individuals who were exposed to toxic substances or environmental hazards during service at Canadian Forces Base Gagetown would be advisable as an effective tool to assess such health risks. (3) Independent entity The study required by paragraph (1) shall be carried out by an entity that— (A) has experience conducting studies with respect to the exposure of individuals to toxic substances or environmental hazards; and (B) is not affiliated with the Department. (4) Deadline for completion The study required by paragraph (1) shall be completed not later than 540 days after the date of the enactment of this Act. (b) Registry (1) In general If the entity that carries out the independent study provided for under paragraph (1) of subsection (a) determines pursuant to paragraph (2)(B) of such subsection that a registry described in such paragraph (2)(B) would be an effective tool as described in such paragraph (2)(B), the Secretary may establish and maintain a registry to be known as the Canadian Forces Base Gagetown Health Registry Registry (2) Contents The Registry shall include the following information: (A) A list containing the name of each individual who— (i) while serving as a member of the Armed Forces, was stationed at or underwent training at Canadian Forces Base Gagetown at any time during the period beginning on January 1, 1956, and ending on December 31, 2006; and (ii) (I) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code; (II) files a claim for compensation under chapter 11 of such title on the basis of any disability that may be associated with such service; or (III) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service. (B) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in subparagraph (A) who— (i) grants to the Secretary permission to include such information in the Registry; or (ii) at the time the name of the individual is added to the Registry, is deceased. (3) Consultation with other agencies The Secretary of Veterans Affairs shall consult with the Secretary of Defense and the heads of other agencies as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry. 913. Review of determination of certain service in Philippines during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether a covered individual served in support of the Armed Forces of the United States during World War II in accordance with section 1002(d) of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 38 U.S.C. 107 (b) Covered individuals In this section, a covered individual is any individual who timely submitted a claim for benefits under subsection (c) of section 1002 of title X of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 (c) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). (d) Prohibition on benefits for disqualifying conduct under new process pursuant to review If pursuant to the review conducted under subsection (a) the Secretary of Veterans Affairs determines to establish a new process for the making of payments as described in that subsection, the process shall include mechanisms to ensure that individuals are not treated as covered individuals for purposes of such payments if such individuals engaged in any disqualifying conduct during service described in that subsection, including collaboration with the enemy or criminal conduct. 914. Review of determination of certain service of merchant mariners during World War II (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, the Secretary of Homeland Security and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 ( Public Law 95–202 (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a). 915. Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the actions taken by the Secretary to implement the findings and recommendations included in the 2006 report by the Institute of Medicine of the National Academies entitled Noise and Military Service: Implications for Hearing Loss and Tinnitus (b) Effect of Duty Military Occupational Specialty Noise Exposure Listing on receipt of benefits by veterans (1) In general The Secretary shall include in the report required by subsection (a) an evaluation of the extent to which veterans who had a military occupational specialty during service as a member of the Armed Forces that is not included on the Duty Military Occupational Specialty Noise Exposure Listing (in this subsection referred to as the MOS List (2) Data The Secretary shall include in the evaluation required by paragraph (1) the following: (A) With respect to veterans who had a military occupational specialty included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department of Veterans Affairs that were granted; and (ii) the number of claims for benefits related to hearing loss from the Department that were denied. (B) With respect to veterans who had a military occupational specialty not included on the MOS List— (i) the number of claims for benefits related to hearing loss from the Department that were granted; (ii) the number of claims for benefits related to hearing loss from the Department that were denied; (iii) of the number of denied claims under clause (ii), the number of those claims that were appealed; and (iv) of the number of appealed claims under clause (iii), the number of those appealed claims that were successfully appealed. (c) Additional matters The Secretary shall include in the report required by subsection (a) the following: (1) In the case of a veteran with unilateral hearing loss, an explanation of the scientific basis for the practice of the Department of determining a disability rating level with respect to hearing based on an examination of that veteran's healthy ear instead of the injured ear. (2) An analysis of the reduction in earning capacity for veterans as a result of unilateral hearing loss, with a focus on the ability of those veterans— (A) to detect the direction of sound; and (B) to understand speech. (3) An explanation of the rationale for the practice of the Department of not issuing a compensable rating for hearing loss at certain levels that are severe enough to require the use of hearing aids. (4) A survey of the audiologists that conduct compensation and pension examinations for the Department to assess the implementation of the most recent edition of the best practices manual for hearing loss and tinnitus examinations that includes the following: (A) A description of the training received by those audiologists compared to the methods described in the most recent edition of the best practices manual for hearing loss and tinnitus examinations. (B) An assessment of how those audiologists have complied with that training. (C) Whether those audiologists are using a range of tones up to 8000 hertz to test the hearing of veterans. (d) Construction Nothing in this section shall be construed to authorize or require the Secretary to defer, delay, or replace the ongoing efforts of the Secretary to update the schedule of ratings required by section 1155 (e) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 916. Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, submit to Congress a report that identifies the following: (1) Goals for the Department of Veterans Affairs and the Department of Defense for the prevention, early detection, and treatment of hearing loss by the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (2) Resources of the Department of Veterans Affairs that could be made available to assist the Department of Defense in conducting audiometric tests and tinnitus screenings for members of the Armed Forces. (3) Barriers to information being added to the Hearing Loss and Auditory System Injury Registry required under section 721(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (4) Recommendations for any legislative or administrative actions necessary with respect to the Hearing Loss and Auditory System Injury Registry— (A) to assist in achieving the goals specified in paragraph (1); (B) to improve the adjudication of claims for benefits with respect to hearing loss; and (C) to further the research objectives of the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 917. Designation of American World War II Cities (a) In general The Secretary of Veterans Affairs shall designate at least one city in the United States each year as an American World War II City (b) Criteria for designation After the designation made under subsection (c), the Secretary, in consultation with the Secretary of Defense, shall make each designation under subsection (a) based on the following criteria: (1) Contributions by a city to the war effort during World War II, including those related to defense manufacturing, bond drives, service in the Armed Forces, and the presence of military facilities within the city. (2) Efforts by a city to preserve the history of the city’s contributions during World War II, including through the establishment of preservation organizations or museums, restoration of World War II facilities, and recognition of World War II veterans. (c) First American World War II City The city of Wilmington, North Carolina, is designated as an American World War II City (d) Expiration of authority The requirements of subsections (a) and (b) shall terminate on the date that is five years after the date of the enactment of this Act.
Restoring Veterans Trust Act of 2014
Coal Country Protection Act or the Protecting Jobs, Families, and the Economy From EPA Overreach Act - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation or guidance that limits or prohibits new carbon dioxide emissions from a fossil fuel-fired power plant until it is certified: (1) by the Secretary of Labor that the regulation or guidance will not generate a loss of employment, (2) by the Director of the Congressional Budget Office (CBO) that it will not result in a loss in the gross domestic product, (3) by the Administrator of the Energy Information Administration that it will not generate an increase in electricity rates, and (4) by the Chairperson of the Federal Energy Regulatory Commission (FERC) and the President of the North American Electric Reliability Corporation that it will not effect the reliability of electricity delivery.
To amend the Clean Air Act to prohibit the regulation of emissions of carbon dioxide from new or existing power plants under certain circumstances. 1. Short title This Act may be cited as the Coal Country Protection Act Protecting Jobs, Families, and the Economy From EPA Overreach Act 2. Regulation of emissions of carbon dioxide from new or existing power plants (a) Limitation on regulation The Clean Air Act is amended by inserting after section 312 ( 42 U.S.C. 7612 313. Limitation on regulation of emissions of carbon dioxide from new or existing power plants (a) Definition of new or existing power plant In this section, the term new or existing power plant (b) Limitation Notwithstanding any other provision of law (including regulations), the Administrator may not promulgate any regulation or guidance that limits or prohibits any new carbon dioxide emissions from a new or existing power plant, and no such regulation or guidance shall have any force or effect, until the date on which— (1) the Secretary of Labor certifies to the Administrator that the regulation or guidance will not generate any loss of employment; (2) the Director of the Congressional Budget Office certifies to the Administrator that the regulation or guidance will not result in any loss in the gross domestic product of the United States; (3) the Administrator of the Energy Information Administration certifies to the Administrator that the regulation or guidance will not generate any increase in electricity rates in the United States; and (4) the Chairperson of the Federal Energy Regulatory Commission and the President of the North American Electric Reliability Corporation certify to the Administrator the reliability of electricity delivery under the regulation or guidance. . (b) Technical correction The Clean Air Act is amended by redesignating the second section 317 ( 42 U.S.C. 7617
Protecting Jobs, Families, and the Economy From EPA Overreach Act
SuperPAC Elimination Act of 2014 - Amends the Federal Election Campaign Act of 1971 to: (1) eliminate the limitations on direct contributions to candidates in federal elections, and (2) require 24-hour notification to the Secretary of the Senate, or the Federal Election Commission, and the Secretary of State, as appropriate, for all direct contributions to candidates in excess of $200.
To amend the Federal Election Campaign Act of 1971 to eliminate limitations on direct contributions to candidates, to require disclosure of certain contributions within 24 hours of receipt, and for other purposes. 1. Short title This Act may be cited as the SuperPAC Elimination Act of 2014 2. Elimination of limitations on direct contributions to candidates (a) Purpose The purpose of this section is to allow unlimited direct contributions by citizens and lawful permanent residents of the United States to candidates in Federal elections. (b) Elimination of limitation Section 315(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(a) (1) in paragraph (1)— (A) by striking subparagraph (A) and redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; and (B) in subparagraph (B), as redesignated by subparagraph (A), by striking (other than a committee described in subparagraph (D)) (other than an authorized political committee of a candidate or a committee described in subparagraph (C)) (2) in paragraph (2)— (A) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in subparagraph (B), as redesignated by subparagraph (A), by inserting ((other than an authorized political committee of a candidate) political committee (3) by striking paragraph (3). (c) Conforming amendments (1) Section 315(a) of such Act ( 2 U.S.C. 441a(a) (2) (A) Section 315(c) of such Act ( 2 U.S.C. 441a(c) (i) by striking (a)(1)(B), (a)(3), (ii) by striking , (a)(1)(B), (a)(3), (iii) by striking , (a)(1)(B), (a)(3), (B) Section 304(i)(3)(B) of such Act ( 2 U.S.C. 434(i)(3)(B) , (a)(1)(B), (a)(3), (3) Section 323(e)(1)(B)(i) of such Act ( 2 U.S.C. 441i(e)(1)(B)(i) contributions to candidates and political committees under paragraphs (1), (2), and (3) contributions to political committees under paragraphs (1) and (2) 3. 24-hour notification required for all direct contributions to candidates Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(a)(6)(A) (A) (i) In general If a candidate receives an aggregate amount of contributions in excess of $200 from any contributor during a calendar year, the principal campaign committee of such candidate shall submit to the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, a notification containing the name of the candidate and office sought by the candidate, the identification of the contributor, and the date of the receipt and amount of the contribution. (ii) If, at any time after a candidate is required to submit a notification under this subparagraph with respect to a contributor during a calendar year, the candidate receives additional contributions from that contributor during that year, the principal campaign committee of the candidate shall submit an additional notification under clause (i) with respect to such contributor. (iii) The principal campaign committee of the candidate shall submit the notification required under this subparagraph with respect to a contributor— (I) in the case of a notification described in clause (i), not later than 24 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year exceeds $200; or (II) in the case of an additional notification described in clause (ii), not later than 24 hours after the date of the contribution. . 4. Effective date The amendments made by this Act shall apply to contributions made for elections occurring after the date of the enactment of this Act.
SuperPAC Elimination Act of 2014
Free All Speech Act of 2014 - Requires any law that restricts political speech of American citizens to apply with equal force to media corporations (such as the New York Times, the American Broadcasting Company [ABC], the National Broadcasting Company [NBC], and the CBS Television Network). Prohibits such a law from having any force or effect with respect to American citizens to the extent that its application to a media corporation is found unconstitutional.
To apply laws that restrict the political speech of American citizens to media corporations. 1. Short title This Act may be cited as the Free All Speech Act of 2014 2. Application of laws that restrict the political speech of American citizens to media corporations (a) In general Any law that restricts the political speech of American citizens shall apply with equal force to media corporations, such as the New York Times, the American Broadcasting Company (ABC), the National Broadcasting Company (NBC), and the CBS Television Network. (b) No application to American citizens if application to media corporations found unconstitutional To the extent that the application of a law to a media corporation under subsection (a) is found unconstitutional, such law shall have no force or effect with respect to American citizens.
Free All Speech Act of 2014
Close the Revolving Door Act of 2014 - Amends the federal criminal code to impose a lifetime ban on any former Senator, Member of the House of Representatives, or elected officer of the Senate or House of Representatives lobbying any current Member, officer, or employee of Congress or any employee of any other legislative office (currently, the ban is for two years after a Senator leaves office and one year after a Member of the House of Representatives leaves office). Extends such ban from one to six years for officers and employees of the Senate, personal staff of Members, committee staff, leadership staff, and other legislative offices. Prohibits for a six-year period the hiring of a registered lobbyist or agent of a foreign principal by a Member of Congress or a congressional committee with whom the lobbyist or agent has had a substantial lobbying contact. Amends the Lobbying Disclosure Act of 1995 to: (1) direct the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed by such Act, (2) require a substantial lobbying entity to file with Congress a list of any employees who provide paid consulting services and who are former Members of Congress or highly-paid congressional staffers, and (3) increase the civil penalty for violations of the disclosure or reporting provisions of such Act.
To provide greater controls and restrictions on revolving door lobbying. 1. Short title This Act may be cited as the Close the Revolving Door Act of 2014 2. Lifetime ban on Members of Congress from lobbying (a) In general Section 207(e)(1) of title 18, United States Code, is amended to read as follows: (1) Members of Congress Any person who is a Senator, a Member of the House of Representatives or an elected officer of the Senate or the House of Representatives and who after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. . (b) Conforming amendment Section 207(e)(2) (1) in the heading, by striking Officers and staff Staff (2) by striking an elected officer of the Senate, or 3. Congressional staff Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) 1 year 6 years 4. Improved reporting of lobbyists’ activities Section 6 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605 (c) Joint web site (1) In general The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2015. . 5. Lobbyist revolving door to Congress (a) In general Any person who is a registered lobbyist or an agent of a foreign principal may not within 6 years after that person leaves such position be hired by a Member or committee of either House of Congress with whom the registered lobbyist or an agent of a foreign principal has had substantial lobbying contact. (b) Waiver This section may be waived in the Senate or the House of Representatives by the Committee on Ethics or the Committee on Standards of Official Conduct based on a compelling national need. (c) Substantial lobbying contact For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, the Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or staff, involved presentations to staff, or participation in fundraising exceeding the mere giving of a personal contribution. Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. 6. Reporting by substantial lobbying entities The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following: 6A. Reporting by substantial lobbying entities (a) In general A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the United States Senate a list of any employee, individual under contract, or individual who provides paid consulting services who is— (1) a former United States Senator or a former Member of the United States House of Representatives; or (2) a former congressional staff person who— (A) made at least $100,000 in any 1 year as a congressional staff person; (B) worked for a total of 4 years or more as a congressional staff person; or (C) had a job title at any time while employed as a congressional staff person that contained any of the following terms: Chief of Staff Legislative Director Staff Director Counsel Professional Staff Member Communications Director Press Secretary (b) Contents of filing The filing required by this section shall contain a brief job description of each such employee, individual under contract, or individual who provides paid consulting services, and an explanation of their work experience under subsection (a) that requires this filing. (c) Improved reporting of substantial lobbying entities The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled Substantial Lobbying Entities (d) Law enforcement oversight The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of the filings of substantial lobbying entities to the District of Columbia United States Attorney, to allow the District of Columbia United States Attorney to determine whether any such entities are underreporting the Federal lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. (e) Substantial lobbying entity In this section, the term substantial lobbying entity . 7. Enhanced penalties Section 7(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1606(a) $200,000 $500,000
Close the Revolving Door Act of 2014
Bankruptcy Fairness and Employee Benefits Protection Act of 2014 - Amends federal bankruptcy law to require the debtor in possession, prior to filing an application seeking rejection of a collective bargaining agreement, to propose only those minimum modifications to employee and retiree benefits and protections (including health insurance) that are necessary to prevent liquidation of the debtor. Requires a proposal which modifies employee or retired employee health insurance benefits to modify also the health insurance benefits of the debtor's officers and directors so that their benefits are not more generous than those of debtor's employees. Requires a proposal which modifies other employee benefits, including wages and pension benefits, also to modify such benefits of the debtor's officers and directors by an amount that, at a minimum, is equal to the percentage by which the employees' benefits are modified. Conditions court approval of an application for rejection of a collective bargaining agreement upon a finding that the debtor has established by clear and convincing evidence that modification of employee benefits and protections is the minimum modification necessary to prevent the debtor's liquidation. Declares that rejection of a collective bargaining agreement constitutes a breach of the agreement that entitles debtor's employees to a claim for damages. Grants any retirees whose benefits are modified by a court according to certain procedures a claim equal to the value of benefits lost as a result of the modification. Requires a debtor to pay cash to a retired employee making a claim in an amount equal to the two-year cost of premiums for: (1) continuation coverage; or (2) a comparable health insurance plan offered through a health care exchange established under the Patient Protection and Affordable Care Act. Authorizes the court to require the debtor to pay such retiree claim in an amount equal to the cost of premiums for continuation of coverage, or for such a health insurance plan, for more than two years. Prohibits allowance or payment of a bonus payment to an insider of the debtor, including an incentive-based bonus payment. Increases the priority claim amount for employee wages and benefits. Authorizes the court to prohibit a transfer of compensation made to an insider of the debtor within one year before the petition is filed if it finds that the transfer: (1) was not made in the ordinary course of business, or (2) resulted in unjust enrichment. Amends the Judicial Code to require that a case under bankruptcy law be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding commencement of the case. Requires a debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, to make all required pension contributions that fall due after filing the petition in bankruptcy. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals. Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits. Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date. Directs the Comptroller General (GAO) to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits.
To amend title 11 and title 29, United States Code, to increase the amount of unsecured claims for salaries and wages given priority in bankruptcy, to provide for payments to retirees to compensate for lost health insurance benefits resulting from the bankruptcy of their former employer, to protect the health benefits of employees and retirees, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Bankruptcy Fairness and Employee Benefits Protection Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I—Fairness for employees and retirees in corporate bankruptcies Sec. 101. Prohibition of unfair reductions to employee and retiree benefits. Sec. 102. Payment of insurance benefits to retirees. Sec. 103. Fair treatment of compensation. Sec. 104. Venue; change of venue. Sec. 105. Protection of benefits in chapter 9 bankruptcy. Sec. 106. Requirement to make pension contributions. TITLE II—Protection of employee and retiree health benefits Sec. 201. Notification of extent to which health benefits can be modified or terminated. Sec. 202. Protection of retirees under certain collectively bargained agreements. Sec. 203. Comptroller General report. I Fairness for employees and retirees in corporate bankruptcies 101. Prohibition of unfair reductions to employee and retiree benefits (a) Collective bargaining agreements Section 1113 (1) in subsection (b)— (A) in paragraph (1)(A), by striking necessary modifications in the employees benefits and protections that are necessary to permit the reorganization of the debtor minimum modifications in the employees benefits and protections that are necessary to prevent the liquidation of the debtor (B) by adding at the end the following: (3) (A) If the proposal made under paragraph (1) provides for a modification of the health insurance benefits of employees of the debtor, the proposal shall provide for a modification of the health insurance benefits of officers and directors of the debtor— (i) to, at a minimum, be comparable to the modification of health insurance benefits of employees of the debtor; and (ii) such that the health insurance benefits of officers and directors are not more generous than those of employees of the debtor. (B) If the proposal made under paragraph (1) provides for a modification of any benefit of employees of the debtor other than health insurance benefits, including wages and pension benefits, the proposal shall provide for a modification of such benefit of officers and directors of the debtor that is, at a minimum, in an amount equal to the percentage by which such benefit of employees of the debtor was modified. ; (2) in subsection (c)— (A) in paragraph (1), by striking subsection (b)(1) paragraphs (1) and (3) of subsection (b) (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: (2) the debtor established by clear and convincing evidence that any modification of the benefits and protections of an employee of the debtor proposed under subsection (b)(1) is the minimum modification necessary to prevent the liquidation of the debtor; ; and (3) by adding at the end the following: (g) The rejection of a collective bargaining agreement under this section constitutes a breach of the agreement, and shall entitle employees of the debtor to a claim for damages. . (b) Health insurance benefits of retired employees Section 1114 (1) in subsection (f)— (A) in paragraph (1)(A), by striking necessary modifications in the retiree benefits that are necessary to permit the reorganization of the debtor minimum modifications in the retiree benefits that are necessary to prevent the liquidation of the debtor (B) by adding at the end the following: (3) If the proposal made under paragraph (1) provides for a modification of the health insurance benefits of retired employees of the debtor, the proposal shall provide for a modification of the health insurance benefits of officers and directors of the debtor— (A) to, at a minimum, be comparable to the modification of health insurance benefits of retired employees of the debtor; and (B) such that the health insurance benefits of officers and directors are not more generous than those of retired employees of the debtor. ; and (2) in subsection (g)(3), by striking necessary to permit the reorganization of the debtor the minimum modification necessary to prevent the liquidation of the debtor 102. Payment of insurance benefits to retirees (a) In general Section 1114(j) (j) (1) No claim for retiree benefits shall be limited by section 502(b)(7). (2) (A) A retired employee whose retiree benefits are modified under subsection (e)(1) or (g) shall have a claim in an amount equal to the value of the retiree benefits lost as a result of the modification, which shall be reduced by the amount paid by a debtor under subparagraph (B). (B) (i) In accordance with section 1129(a)(13)(B), a debtor shall pay a retired employee with a claim under subparagraph (A)— (I) cash in an amount equal to the 2-year cost of premiums for continuation coverage (as defined in section 602 of the Employee Retirement Income Security Act of 1974 29 U.S.C. 1162 Employee Retirement Income Security Act of 1974 29 U.S.C. 1162(3) (II) if the retired employee is not eligible for continuation coverage, cash in an amount equal to the 2-year cost of premiums for a comparable health insurance plan offered through a State Exchange, Federally Facilitated Exchange, or Federal-State Partnership Exchange established under the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001 et seq. (ii) Notwithstanding clause (i), if the court determines it to be in the interest of fairness and equity, the court may require a debtor to pay a retired employee with a claim under subparagraph (A) cash in an amount equal to the cost of premiums for continuation coverage under clause (i)(I) or for a comparable health insurance plan under clause (i)(II) for a period of more than 2 years. (iii) The amount paid by a debtor under this subparagraph shall not exceed the amount of the claim under subparagraph (A). (C) Any amount of the claim under subparagraph (A) that is not paid under subparagraph (B) shall be a general unsecured claim. . (b) Confirmation of plan Section 1129(a)(13) (13) The plan provides— (A) for the continuation, after the effective date of the plan, of the payment of all retiree benefits (as defined in section 1114(a)), at the level established pursuant to subsection (e)(1) or (g) of section 1114, at any time before the confirmation of the plan, for the duration of the period the debtor has obligated itself to provide such benefits; and (B) that the holder of a claim under section 1114(j)(2)(A) shall receive from the debtor, on the effective date of the plan, cash equal to the amount calculated under section 1114(j)(2)(B). . 103. Fair treatment of compensation (a) Prohibition of bonus payments Section 503(c) of title 11, United States Code, is amended— (1) in paragraph (2)(B), by striking or (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: (3) a bonus payment to an insider of the debtor, including an incentive-based bonus payment; or . (b) Increased priority claim amount for employee wages and benefits Section 507(a) of title 11, United States Code, is amended— (1) in paragraph (4)— (A) by striking $10,000 $25,000 (B) by striking 180 days 1 year (2) in paragraph (5)— (A) in subparagraph (A), by striking 180 days 1 year (B) in subparagraph (B)(i), by striking $10,000 $25,000 (c) Recovery of excess compensation Section 547 (j) The court, upon motion of a party in interest, may prohibit a transfer of compensation made to an insider of the debtor within 1 year before the date on which the petition is filed if the court finds, after notice and hearing, that the transfer— (1) was not made in the ordinary course of business; or (2) resulted in unjust enrichment. . 104. Venue; change of venue Chapter 87 of title 28, United States Code, is amended— (1) by amending section 1408 to read as follows: 1408. Venue of cases under title 11 Except as provided in section 1410, a case under title 11 shall be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding the commencement of the case. ; and (2) in section 1412, by striking to a district court for another district to the district court for the district in which the principal place of business in the United States of the person or entity that is the subject of the case was located in the year immediately preceding the commencement of the case 105. Protection of benefits in chapter 9 bankruptcy Section 901(a) (1) by inserting 507(a)(4), 507(a)(5), 507(a)(2) (2) by inserting 1113, 1114, 1111(b) (3) by inserting 1129(a)(13), 1129(a)(10) 106. Requirement to make pension contributions (a) Requirement To pay minimum funding contributions Subchapter I of chapter 11 1117. Duty of debtor in possession to make required pension contributions (a) Definitions In this section— (1) the term pension plan 29 U.S.C. 1002 (2) the term required pension contributions (b) Requirement A debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, shall— (1) make all required pension contributions to the pension plan that become due after the filing of the petition; and (2) make such contributions on or before the due dates specified in section 430(j) of the Internal Revenue Code and section 303(j) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1083(j) . (b) Treatment as administrative expenses Section 503(b) (1) in paragraph (8)(B), by striking and (2) in paragraph (9), by striking the period at the end and inserting ; and (3) by adding at the end the following: (10) any required pension contributions under section 1117 due to be made after the filing of the petition that are unpaid. . (c) Perfection of statutory liens for missed pension contributions Section 362(b) (1) in paragraph (27), by striking and (2) in paragraph (28), by striking the period at the end and inserting ; and (3) by adding at the end the following: (29) under subsection (a), of any act to perfect, or to maintain or continue the perfection of, a statutory lien imposed by section 430(k) of the Internal Revenue Code of 1986 or section 303(k) of the Employee Retirement Income Security Act (29 U.S.C. 1083(k)) (which shall not be voidable under section 545 of this title), for failure to make contribution payments required under those sections, without regard to whether such contributions became due or whether such lien arose before or after the filing of the petition. . II Protection of employee and retiree health benefits 201. Notification of extent to which health benefits can be modified or terminated (a) Inclusion in summary plan description Section 102(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is amended by inserting ; in the case of a group health plan (as so defined), whether the provisions of the plan permit the plan sponsor or any employer participating in the plan to unilaterally modify or terminate the benefits under the plan with respect to employees, retired employees, and beneficiaries, and when and to what extent benefits under the plan are fully vested with respect to employees, retired employees, and beneficiaries the name and address of such issuer (b) Presumption that retired employee health benefits cannot be modified or terminated Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection: (n) In the case of a suit brought under this title by a participant or beneficiary relating to benefits of a retired employee or the dependents of a retired employee under a group health plan (as defined in section 733(a)(1)), the presumption for purposes of such suit shall be that as of the date an employee retires or completes 20 years of service with the employer, benefits available under the plan during retirement of the employee are fully vested and cannot be modified or terminated for the life of the employee or, if longer, the life of the employee's spouse. This presumption can be overcome only upon a showing, by clear and convincing evidence, that the terms of the group health plan allow for a modification or termination of benefits available under the plan and that the employee, prior to becoming a participant in the plan, was made aware, in clear and unambiguous terms, that the plan allowed for such modification or termination of benefits. . 202. Protection of retirees under certain collectively bargained agreements Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 (h) It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby the organization and employer agree to modify the terms of any previous agreement in a manner that would result in a reduction or termination of retiree health insurance benefits provided to an employee or a dependent of an employee under the previous agreement, if such modification of the terms of the previous agreement occurs after the date on which the employee retires. . 203. Comptroller General report (a) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the strategies that corporations use to avoid obligations to pay promised employee and retiree benefits. (b) Contents The report under subsection (a) shall include a discussion of— (1) the use of spin-offs, mergers, subsidiaries, bankruptcies, asset sales, and other strategies to avoid obligations to pay promised employee and retiree benefits; (2) the impact of such avoidance on the financial, physical, and mental well-being of employees and retirees; (3) the impact on Federal and State budgets when employers terminate or reduce the benefits of employees and retirees, including the costs that are incurred when employees and retirees seek assistance from Federal and State government programs and services as a result of the termination or reduction of their employment-related benefits; and (4) recommendations to prevent corporations from evading contractual obligations to pay employee and retiree benefits.
Bankruptcy Fairness and Employee Benefits Protection Act of 2014
VA Accountability Act of 2014 - Prohibits any officer, employee, or agent of the Department of Veterans Affairs (VA) from: knowingly falsifying an individual's VA health records; knowingly destroying or excluding information from such records with the intent to defraud the individual, a federal officer or employee, or a Member of Congress; directing another individual to engage in such prohibited conduct; or knowing of such prohibited conduct by an individual under his or her supervision and failing to stop, if possible, or report to a superior the commission of such conduct. Allows an individual aggrieved by such conduct to bring a civil action against the officer, employee, or agent in an appropriate U.S. district court for damages or other legal or equitable relief. Authorizes the VA Secretary to terminate, without prior notice or cause, the employment and benefits of a VA officer, employee, or agent found by such court to have violated this Act. Provides that this Act shall apply to conduct committed before, on, or after its enactment.
To protect America’s veterans from dishonesty and malfeasance in the delivery of medical services and to hold the Department of Veterans Affairs accountable to those they serve. 1. Short title This Act may be cited as the VA Accountability Act of 2014 2. Definitions In this Act: (1) Health information The term health information (A) the past, present, or future physical or mental health or condition of an individual; (B) the provision of health care to an individual; or (C) the past, present, or future payment for the provision of health care to an individual. (2) VA health record The term VA health record 3. Prohibited Acts It shall be a violation of this Act for any officer, employee, or agent of the Department of Veterans Affairs to— (1) knowingly falsify any health information in the VA health record of an individual; (2) knowingly destroy any health information or exclude any health information from the VA health record of an individual with the intent to defraud— (A) the individual; (B) an employee or officer of the United States Government; or (C) a Member of Congress; (3) direct another individual to commit conduct described in paragraph (1) or (2); or (4) know of the commission of conduct described in paragraph (1), (2), or (3) by an individual under his or her supervision, and fail to stop, if possible, or report to a superior the commission of that conduct. 4. Cause of Action and Remedies (a) Cause of Action (1) In general An individual aggrieved by a violation of this Act by an officer, employee, or agent of the Department of Veterans Affairs may bring a civil action against the officer, employee, or agent in an appropriate district court of the United States for damages or other legal or equitable relief. (2) Considerations In determining whether to award compensatory damages or restitution in a civil action brought under this section and in calculating the amount of any such damages, the court— (A) shall consider the amount of benefits the officer, employee, or agent is entitled to collect from the Department of Veterans Affairs relating to service for the Department, including retirement benefits; and (B) may include the amount of those benefits, or a percentage of the amount of those benefits, in calculating the amount of any damages awarded. (b) Attorneys’ Fees and Expert Fees (1) Attorneys’ fees In a civil action brought under this section, the court, in its discretion, may award to the prevailing party, other than the United States, reasonable attorneys’ fees. (2) Expert fees In awarding attorneys’ fees under this subsection, the court, in its discretion, may include fees related to the hiring of experts as part of the attorneys’ fees awarded. (c) No preemption The rights and remedies created by this section shall be in addition to, and do not preempt, any other rights and remedies available under Federal or State law. 5. Effects on Employment and Benefits Notwithstanding any other provision of law, including title 5, United States Code, or any contract, on and at any time after the date on which a court enters final judgment in an action brought under section 4 in which the court determines that the officer, employee, or agent violated this Act, the Secretary of Veterans Affairs may, without prior notice— (1) terminate the officer, employee, or agent without cause; and (2) may terminate any or all of the benefits of the officer, employee, or agent relating to service as an officer, employee, or agent, including retirement benefits, without cause. 6. Retroactive Effect This Act shall apply to conduct committed before, on, or after the date of the enactment of this Act.
VA Accountability Act of 2014
Budget and Accounting Transparency Act of 2014 - Amends the Federal Credit Reform Act of 1990 (FCRA) (title V of the Congressional Budget Act of 1974) to revise the budgetary treatment of federal direct loans and loan guarantees to account for them on a fair value basis. Requires the President's budget to reflect the costs of direct loan and loan guarantee programs by including the planned level of new direct loan obligations or loan guarantee commitments associated with each appropriations request. Requires agency estimates with and without a risk component that reflects the impact of using a fair value estimate to account for market risk. Requires new budget authority and funding limitations for the cost of new direct loan obligations or loan guarantee commitments to be provided in advance. Prohibits modifications that increase costs unless budget authority has been provided in advance. Defines "cost" to include the risk component. Includes exemptions.  Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to permit adjustment of discretionary spending limits for this Act. Changes the budgetary treatment of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac).
To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to increase transparency in Federal budgeting, and for other purposes. 1. Short title This Act may be cited as the Budget and Accounting Transparency Act of 2014 I Fair value estimates 101. Credit reform (a) In general Title V of the Congressional Budget Act of 1974 is amended to read as follows: V Fair value 500. Short title This title may be cited as the Fair Value Accounting Act of 2014 501. Purposes The purposes of this title are to— (1) measure more accurately the costs of Federal credit programs by accounting for them on a fair value basis; (2) place the cost of credit programs on a budgetary basis equivalent to other Federal spending; (3) encourage the delivery of benefits in the form most appropriate to the needs of beneficiaries; and (4) improve the allocation of resources among Federal programs. 502. Definitions For purposes of this title: (1) The term direct loan (2) The term direct loan obligation (3) The term loan guarantee (4) The term loan guarantee commitment (5) (A) The term cost (B) The Treasury discounting component shall be the estimated long-term cost to the Government of a direct loan or loan guarantee, or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. (C) The risk component shall be an amount equal to the difference between— (i) the estimated long-term cost to the Government of a direct loan or loan guarantee, or modification thereof, estimated on a fair value basis, applying the guidelines set forth by the Financial Accounting Standards Board in Financial Accounting Standards #157, or a successor thereto, excluding administrative costs and any incidental effects on governmental receipts or outlays; and (ii) the Treasury discounting component of such direct loan or loan guarantee, or modification thereof. (D) The Treasury discounting component of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows: (i) Loan disbursements. (ii) Repayments of principal. (iii) Essential preservation expenses, payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries, including the effects of changes in loan terms resulting from the exercise by the borrower of an option included in the loan contract. (E) The Treasury discounting component of a loan guarantee shall be the net present value, at the time when the guaranteed loan is disbursed, of the following estimated cash flows: (i) Payments by the Government to cover defaults and delinquencies, interest subsidies, essential preservation expenses, or other payments. (ii) Payments to the Government including origination and other fees, penalties, and recoveries, including the effects of changes in loan terms resulting from the exercise by the guaranteed lender of an option included in the loan guarantee contract, or by the borrower of an option included in the guaranteed loan contract. (F) The cost of a modification is the sum of— (i) the difference between the current estimate of the Treasury discounting component of the remaining cash flows under the terms of a direct loan or loan guarantee and the current estimate of the Treasury discounting component of the remaining cash flows under the terms of the contract, as modified; and (ii) the difference between the current estimate of the risk component of the remaining cash flows under the terms of a direct loan or loan guarantee and the current estimate of the risk component of the remaining cash flows under the terms of the contract as modified. (G) In estimating Treasury discounting components, the discount rate shall be the average interest rate on marketable Treasury securities of similar duration to the cash flows of the direct loan or loan guarantee for which the estimate is being made. (H) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated. (6) The term program account (7) The term financing account (8) The term liquidating account (9) The term modification (10) The term current (11) The term Director (12) The term administrative costs (13) The term essential preservation expenses 503. OMB and CBO analysis, coordination, and review (a) In general For the executive branch, the Director shall be responsible for coordinating the estimates required by this title. The Director shall consult with the agencies that administer direct loan or loan guarantee programs. (b) Delegation The Director may delegate to agencies authority to make estimates of costs. The delegation of authority shall be based upon written guidelines, regulations, or criteria consistent with the definitions in this title. (c) Coordination with the Congressional Budget Office In developing estimation guidelines, regulations, or criteria to be used by Federal agencies, the Director shall consult with the Director of the Congressional Budget Office. (d) Improving cost estimates The Director and the Director of the Congressional Budget Office shall coordinate the development of more accurate data on historical performance and prospective risk of direct loan and loan guarantee programs. They shall annually review the performance of outstanding direct loans and loan guarantees to improve estimates of costs. The Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate the development and improvement of estimates of costs. (e) Historical credit programs costs The Director shall review, to the extent possible, historical data and develop the best possible estimates of adjustments that would convert aggregate historical budget data to credit reform accounting. 504. Budgetary treatment (a) President’s budget Beginning with fiscal year 2017, the President’s budget shall reflect the costs of direct loan and loan guarantee programs. The budget shall also include the planned level of new direct loan obligations or loan guarantee commitments associated with each appropriations request. For each fiscal year within the five-fiscal year period beginning with fiscal year 2017, such budget shall include, on an agency-by-agency basis, subsidy estimates and costs of direct loan and loan guarantee programs with and without the risk component. (b) Appropriations required Notwithstanding any other provision of law, new direct loan obligations may be incurred and new loan guarantee commitments may be made for fiscal year 2017 and thereafter only to the extent that— (1) new budget authority to cover their costs is provided in advance in an appropriation Act; (2) a limitation on the use of funds otherwise available for the cost of a direct loan or loan guarantee program has been provided in advance in an appropriation Act; or (3) authority is otherwise provided in appropriation Acts. (c) Exemption for direct spending programs Subsections (b) and (e) shall not apply to— (1) any direct loan or loan guarantee program that constitutes an entitlement (such as the guaranteed student loan program or the veteran’s home loan guaranty program); (2) the credit programs of the Commodity Credit Corporation existing on the date of enactment of this title; or (3) any direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) made by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (d) Budget accounting (1) The authority to incur new direct loan obligations, make new loan guarantee commitments, or modify outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) shall constitute new budget authority in an amount equal to the cost of the direct loan or loan guarantee in the fiscal year in which definite authority becomes available or indefinite authority is used. Such budget authority shall constitute an obligation of the program account to pay to the financing account. (2) The outlays resulting from new budget authority for the cost of direct loans or loan guarantees described in paragraph (1) shall be paid from the program account into the financing account and recorded in the fiscal year in which the direct loan or the guaranteed loan is disbursed or its costs altered. (3) All collections and payments of the financing accounts shall be a means of financing. (e) Modifications An outstanding direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) shall not be modified in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriation Act. (f) Reestimates When the estimated cost for a group of direct loans or loan guarantees for a given program made in a single fiscal year is re-estimated in a subsequent year, the difference between the reestimated cost and the previous cost estimate shall be displayed as a distinct and separately identified subaccount in the program account as a change in program costs and a change in net interest. There is hereby provided permanent indefinite authority for these re-estimates. (g) Administrative expenses All funding for an agency’s administrative costs associated with a direct loan or loan guarantee program shall be displayed as distinct and separately identified subaccounts within the same budget account as the program’s cost. 505. Authorizations (a) Authorization for financing accounts In order to implement the accounting required by this title, the President is authorized to establish such non-budgetary accounts as may be appropriate. (b) Treasury transactions with the financing accounts (1) In general The Secretary of the Treasury shall borrow from, receive from, lend to, or pay to the financing accounts such amounts as may be appropriate. The Secretary of the Treasury may prescribe forms and denominations, maturities, and terms and conditions for the transactions described in the preceding sentence, except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the Bank (2) Loans For guaranteed loans financed by the Bank and treated as direct loans by a Federal agency pursuant to section 406(b)(1), any fee or interest surcharge (the amount by which the interest rate charged exceeds the rate determined pursuant to section 502(5)(G) that the Bank charges to a private borrower pursuant to section 6(c) of the Federal Financing Bank Act of 1973 shall be considered a cash flow to the Government for the purposes of determining the cost of the direct loan pursuant to section 502(5). All such amounts shall be credited to the appropriate financing account. (3) Reimbursement The Bank is authorized to require reimbursement from a Federal agency to cover the administrative expenses of the Bank that are attributable to the direct loans financed for that agency. All such payments by an agency shall be considered administrative expenses subject to section 504(g). This subsection shall apply to transactions related to direct loan obligations or loan guarantee commitments made on or after October 1, 1991. (4) Authority The authorities provided in this subsection shall not be construed to supersede or override the authority of the head of a Federal agency to administer and operate a direct loan or loan guarantee program. (5) Title 31 All of the transactions provided in the subsection shall be subject to the provisions of subchapter II of chapter 15 (6) Treatment of cash balances Cash balances of the financing accounts in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds. The Secretary of the Treasury shall charge (or pay if the amount is negative) financing accounts an amount equal to the risk component for a direct loan or loan guarantee, or modification thereof. Such amount received by the Secretary of the Treasury shall be a means of financing and shall not be considered a cash flow of the Government for the purposes of section 502(5). (c) Authorization for liquidating accounts (1) Amounts in liquidating accounts shall be available only for payments resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991, for— (A) interest payments and principal repayments to the Treasury or the Federal Financing Bank for amounts borrowed; (B) disbursements of loans; (C) default and other guarantee claim payments; (D) interest supplement payments; (E) payments for the costs of foreclosing, managing, and selling collateral that are capitalized or routinely deducted from the proceeds of sales; (F) payments to financing accounts when required for modifications; (G) administrative costs and essential preservation expenses, if— (i) amounts credited to the liquidating account would have been available for administrative costs and essential preservation expenses under a provision of law in effect prior to October 1, 1991; and (ii) no direct loan obligation or loan guarantee commitment has been made, or any modification of a direct loan or loan guarantee has been made, since September 30, 1991; or (H) such other payments as are necessary for the liquidation of such direct loan obligations and loan guarantee commitments. (2) Amounts credited to liquidating accounts in any year shall be available only for payments required in that year. Any unobligated balances in liquidating accounts at the end of a fiscal year shall be transferred to miscellaneous receipts as soon as practicable after the end of the fiscal year. (3) If funds in liquidating accounts are insufficient to satisfy obligations and commitments of such accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments. (d) Reinsurance Nothing in this title shall be construed as authorizing or requiring the purchase of insurance or reinsurance on a direct loan or loan guarantee from private insurers. If any such reinsurance for a direct loan or loan guarantee is authorized, the cost of such insurance and any recoveries to the Government shall be included in the calculation of the cost. (e) Eligibility and assistance Nothing in this title shall be construed to change the authority or the responsibility of a Federal agency to determine the terms and conditions of eligibility for, or the amount of assistance provided by a direct loan or a loan guarantee. 506. Treatment of deposit insurance and agencies and other insurance programs This title shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority. 507. Effect on other laws (a) Effect on other laws This title shall supersede, modify, or repeal any provision of law enacted prior to the date of enactment of this title to the extent such provision is inconsistent with this title. Nothing in this title shall be construed to establish a credit limitation on any Federal loan or loan guarantee program. (b) Crediting of collections Collections resulting from direct loans obligated or loan guarantees committed prior to October 1, 1991, shall be credited to the liquidating accounts of Federal agencies. Amounts so credited shall be available, to the same extent that they were available prior to the date of enactment of this title, to liquidate obligations arising from such direct loans obligated or loan guarantees committed prior to October 1, 1991, including repayment of any obligations held by the Secretary of the Treasury or the Federal Financing Bank. The unobligated balances of such accounts that are in excess of current needs shall be transferred to the general fund of the Treasury. Such transfers shall be made from time to time but, at least once each year. . (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 striking the items relating to title V and inserting the following: Title V—Fair value Sec. 500. Short title. Sec. 501. Purposes. Sec. 502. Definitions. Sec. 503. OMB and CBO analysis, coordination, and review. Sec. 504. Budgetary treatment. Sec. 505. Authorizations. Sec. 506. Treatment of deposit insurance and agencies and other insurance programs. Sec. 507. Effect on other laws. . 102. Budgetary adjustment (a) In general Section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new sentence: A change in discretionary spending solely as a result of the amendment to title V of the Congressional Budget Act of 1974 made by the Budget and Accounting Transparency Act of 2014 (b) Report Before adjusting the discretionary caps pursuant to the authority provided in subsection (a), the Office of Management and Budget shall report to the Committees on the Budget of the House of Representatives and the Senate on the amount of that adjustment, the methodology used in determining the size of that adjustment, and a program-by-program itemization of the components of that adjustment. (c) Schedule The Office of Management and Budget shall not make an adjustment pursuant to the authority provided in subsection (a) sooner than 60 days after providing the report required in subsection (b). 103. Effective date The amendments made by section 101 shall take effect beginning with fiscal year 2017. II Budgetary treatment 201. CBO and OMB studies respecting budgeting for costs of Federal insurance programs Not later than 1 year after the date of enactment of this Act, the Directors of the Congressional Budget Office and of the Office of Management and Budget shall each prepare a study and make recommendations to the Committees on the Budget of the House of Representatives and the Senate as to the feasability of applying fair value concepts to budgeting for the costs of Federal insurance programs. 202. On-budget status of Fannie Mae and Freddie Mac Notwithstanding any other provision of law, the receipts and disbursements, including the administrative expenses, of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— (1) the budget of the United States Government as submitted by the President; (2) the congressional budget; and (3) the Balanced Budget and Emergency Deficit Control Act of 1985. 203. Effective date Section 202 shall not apply with respect to an enterprise (as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 (1) The conservatorship for such enterprise under section 1367 of such Act ( 12 U.S.C. 4617 (2) The Director of the Federal Housing Finance Agency has certified in writing that such enterprise has repaid to the Federal Government the maximum amount consistent with minimizing total cost to the Federal Government of the financial assistance provided to the enterprise by the Federal Government pursuant to the amendments made by section 1117 of the Housing and Economic Recovery Act of 2008 ( Public Law 110–289 (3) The charter for the enterprise has been revoked, annulled, or terminated and the authorizing statute (as such term is defined in such section 1303) with respect to the enterprise has been repealed. III Budget review and analysis 301. CBO and OMB review and recommendations respecting receipts and collections Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall prepare a study of the history of offsetting collections against expenditures and the amount of receipts collected annually, the historical application of the budgetary terms revenue offsetting collections offsetting receipts 302. Agency budget justifications Section 1108 (h) (1) Whenever any agency prepares and submits written budget justification materials for any committee of the House of Representatives or the Senate, such agency shall post such budget justification on the same day of such submission on the open Fair Value Accounting Act of 2014 (2) The Office of Management and Budget, in consultation with the Congressional Budget Office and the Government Accountability Office, shall develop and notify each agency of the format in which to post a budget justification under paragraph (1). Such format shall be designed to ensure that posted budget justifications for all agencies— (A) are searchable, sortable, and downloadable by the public; (B) are consistent with generally accepted standards and practices for machine-discoverability; (C) are organized uniformly, in a logical manner that makes clear the contents of a budget justification and relationships between data elements within the budget justification and among similar documents; and (D) use uniform identifiers, including for agencies, bureaus, programs, and projects. (i) (1) Not later than the day that the Office of Management and Budget issues guidelines, regulations, or criteria to agencies on how to calculate the risk component under the Fair Value Accounting Act of 2014 (2) For fiscal year 2017 and each of the next four fiscal years thereafter, the Comptroller General shall submit an annual report to the Committees on the Budget of the House of Representatives and the Senate reviewing and evaluating the progress of agencies in the implementation of the Fair Value Accounting Act of 2014 (3) Such guidelines, regulations, or criteria shall be deemed to be a rule for purposes of section 553 .
Budget and Accounting Transparency Act of 2014
Food for Peace Reform Act of 2014 - Establishes the Food for Peace program in the U.S. Agency for International Development (USAID) under the Foreign Assistance Act of 1961. (Repeals authority for the current program under title II of the Food for Peace Act, including certain U.S. commodity purchase, U.S. cargo, and monetization requirements.) Authorizes USAID to provide emergency and nonemergency foreign assistance, including through the provision of U.S. commodities or local or regional procurement. Authorizes nonemergency assistance to combat malnutrition and hunger, mitigate food crises, and promote resilient food security. Sets forth minimum funding levels for nonemergency assistance. Establishes the Food Aid Consultative Group, which shall: test options for improved product packaging and storage; reform commodity acquisition and supply chain management; increase private sector development in food aid products, packaging, and delivery; provide guidance on how best to use food aid commodities, including guidance on ensuring that the products reach their intended recipients; and strengthen commodity quality monitoring. Requires USAID to: assess the types and quality of agricultural commodities and products donated for food aid; adjust products to cost-effectively meet nutrient needs of target populations; test prototypes; adopt new, or improve existing, specifications for micronutrient fortified food aid products; develop program guidance for matching products to nutrient purposes; and evaluate performance and cost-effectiveness of food products and programs for vulnerable groups, such as pregnant mothers and young children. Authorizes ocean transportation of agricultural commodities to be procured through full and open competitive procedures. Requires USAID to avoid displacing sales of U.S. agricultural commodities. Prohibits Program assistance from being made available unless USAID determines that the provision of the agricultural commodity in the recipient country would not: (1) result in substantial interference with the domestic production or marketing of agricultural commodities in the country, or (2) have a disruptive impact on the agricultural producers or the local economy of the country. Expresses the sense of Congress that the U.S. Merchant Marine: (1) is a critical component of the nation's military and economic security; and (2) consists of a fleet of private, U.S.-registered merchant ships that provides domestic and international transportation for passengers and cargo.
To amend the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. 1. Short title This Act may be cited as the Food for Peace Reform Act of 2014 2. Food for Peace Program Title XII of chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2220a et seq. (1) by redesignating section 300 ( 22 U.S.C. 2220e (2) by inserting after section 299 ( 22 U.S.C. 2220d 300. Food for Peace Program (a) Establishment There is established in the United States Agency for International Development (referred to in this section as the Agency Food for Peace Program (b) Emergency assistance Notwithstanding any provision of law that prohibits or otherwise unduly restricts the Administrator of the Agency (referred to in this Act as the Administrator (c) Nonemergency assistance (1) Objectives Notwithstanding section 55305 (A) Combating malnutrition, especially in infants, children, and mothers, including through appropriate health interventions directly related to alleviating or preventing malnutrition. (B) Addressing hunger needs. (C) Mitigating food crises, particularly with respect to vulnerable populations. (D) Promoting resilient food security through integrated and holistic programs that— (i) improve agricultural productivity; (ii) diversify incomes for vulnerable populations within the agricultural and other related sectors to reduce food insecurity; (iii) enhance community and other development activities significantly linked to agricultural activities; and (iv) improve environmental practices. (2) Eligible organizations An organization is eligible to receive assistance under paragraph (1) if the organization is— (A) a private voluntary organization or cooperative that is registered with the Administrator; (B) directly supervised by an organization described in subparagraph (A); or (C) an intergovernmental organization, such as the World Food Program. (d) Minimum funding for nonemergency assistance (1) In general Except as provided in paragraphs (2) and (3), of the amounts made available to carry out emergency and nonemergency food assistance programs under this section, not less than 20 percent nor more than 30 percent shall be expended for each fiscal year to carry out subsection (c). (2) Minimum level The amount made available to carry out subsection (c) shall not be less than $375,000,000 for any fiscal year. (3) Waiver The Administrator may waive the requirements under paragraphs (1) and (2) after certifying to the appropriate congressional committees that— (A) (i) additional funds are required to provide food assistance to meet an urgent humanitarian need; and (ii) other sources of funds authorized for use in emergency situations have already been obligated; (B) additional funds subject to the waiver under this paragraph are— (i) first paid from unobligated funds; and (ii) only paid from obligated funds if the additional funds are necessary to meet an urgent and compelling humanitarian need; and (C) if the urgent humanitarian need is reasonably expected to continue beyond the fiscal year during which the need began, the budget request of the President for the subsequent fiscal year will include a request for emergency food assistance funding authorized under subsection (b) to account for the additional funds required to address the need. (4) Replenishment If the Administrator waives the requirement described in paragraph (1), pursuant to paragraph (3), the Administrator may expend funds authorized under section 302 of the Agricultural Act of 1980 ( 7 U.S.C. 1736f–1 (e) Description of intended uses A proposal submitted by any eligible organization to enter into an agreement for a nonemergency food assistance agreement program with the Administrator under subsection (c) shall include— (1) a description of the proposed program; (2) a description of the manner in which the proposed program would address 1 or more of the objectives described in subsection (c) in the region in which the proposed program is to be implemented; (3) the amount of funds requested; (4) a description of any agricultural commodities and products derived from agricultural commodities that would be used to implement the proposed program; (5) a description of the manner in which the organization would work with indigenous institutions and communities to carry out the proposed program; (6) a description of the proposed output impact and other indicators that would be used to— (A) monitor the progress of the proposed program; and (B) assist in determining whether the activities funded under the proposed program are achieving program objectives; (7) a description of proposed baseline data— (A) that would be collected, to the maximum extent practicable; and (B) against which indicators can be measured; and (8) a plan for measuring and reporting progress towards achieving program objectives, outcomes, and other indicators. (f) Food aid consultative group (1) Establishment There is established the Food Aid Consultative Group (referred to in this section as the Group (A) shall meet regularly; and (B) may organize into subcommittees, as appropriate, to review and address issues concerning— (i) the effectiveness of the regulations and procedures that govern food assistance programs established and implemented under this section; and (ii) the implementation of other provisions of this section that may involve eligible organizations described in subsection (c). (2) Membership The Group shall be composed of— (A) the Administrator; (B) the Under Secretary of Agriculture for Farm and Foreign Agricultural Services; (C) the Inspector General of the Agency; (D) a representative of each private voluntary organization and cooperative participating in a program under this section, or receiving planning assistance funds from the Agency to establish programs under this section; (E) representatives from African, Asian, and Latin American indigenous nongovernmental organizations determined appropriate by the Administrator; (F) representatives from agricultural producer groups in the United States; (G) representatives from the United States agricultural processing sector involved in providing agricultural commodities for programs under this section; (H) representatives from the maritime transportation sector involved in transporting agricultural commodities overseas for programs under this section; and (I) nutrition science experts from academia and nongovernmental organizations. (3) Chairperson The Administrator shall be the chairperson of the Group. (4) Consultations Not later than 45 days before a proposed regulation, handbook, or guideline implementing this section, or a proposed significant revision to a regulation, handbook, or guideline implementing this section, becomes final, the Administrator shall provide the proposal to the Group for review and comment. (5) Coordination and oversight (A) In general The Administrator shall work within the Group to take the actions described in subsection (B) to increase coordination and oversight of food assistance programs established and implemented under this Act, with a primary focus on improving quality control and cost effectiveness. (B) Actions described The actions referred to in subparagraph (A) are the following: (i) Explore and test options for improved packaging and storage of products to improve shelf life, promote recommended usage by intended beneficiaries, and oversee field-testing of products. (ii) Work closely with the Department of Agriculture, to undertake reforms in commodity acquisition and supply chain management, drawing on best commercial practices for vendor selection, quality assurance standards, overall management of the supply chain, and auditing of food aid commodity suppliers. (iii) Develop mechanisms and partnerships to facilitate more private sector development and innovation in food aid products, packaging, and delivery in order to improve the cost-effectiveness, nutritional quality, and overall acceptability of the product. (iv) Provide guidance to implementing partners on whether and how best to use food aid commodities, such as new specialized food products, including guidance on targeting strategies to ensure that the products reach their intended recipients. (v) Work to strengthen the monitoring of commodity quality, as appropriate, by identifying and tracking key quality indicators to determine the full extent of quality problems, including emerging concerns. (vi) Establish processes and system-wide protocols for effective monitoring and evaluation of impact, to inform improved program design, and to address improvements in cost-effectiveness. (6) Advisory committee act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Group. (g) Administrative provisions (1) Food aid quality (A) In general The Administrator shall use funds made available to carry out the Food for Peace Program authorized under this section— (i) to assess the types and quality of agricultural commodities and products donated for food aid; (ii) to adjust products and formulations (including the potential introduction of new fortificants and products) as necessary to cost-effectively meet nutrient needs of target populations; (iii) to test prototypes; (iv) to adopt new specifications, or to improve existing specifications, for micronutrient fortified food aid products, based on the latest developments in food and nutrition science, and in coordination with other international partners; (v) to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners; (vi) to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond 1 year, in coordination with other international partners; and (vii) to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and children younger than 5 years of age. (B) Administration In carrying out subparagraph (A), the Administrator— (i) shall consult with independent entities with proven expertise in food aid commodity quality enhancements; (ii) may enter into contracts to obtain the services of the entities described in clause (i); and (iii) shall consult with the Food Aid Consultative Group established under subsection (f). (2) Freight procurement Notwithstanding division C of subtitle I of title 41, United States Code, or other similar provisions of law relating to the making or performance of Federal Government contracts, ocean transportation authorized under this section may be procured on the basis of full and open competitive procedures. Resulting contracts may contain such terms and conditions as the Administrator determines to be necessary and appropriate. (3) Limitation No assistance shall be made available through the Food for Peace Program under this section unless the Administrator determines that the provision of the agricultural commodity in the recipient country would not— (A) result in a substantial disincentive to, or interference with, the domestic production or marketing of agricultural commodities in the recipient country; or (B) have a disruptive impact on the agricultural producers or the local economy of the recipient country. (4) Effect on sales of United States agricultural commodities In carrying out the Food for Peace Program under this section, the Administrator shall take reasonable precautions to avoid displacing any sales of United States agricultural commodities that the Administrator determines would otherwise occur. (h) Authorization of appropriations There is authorized to be appropriated, for fiscal year 2014 and each fiscal year thereafter, $2,400,000,000, which shall be used to carry out the Food for Peace Program established under this section. . 3. Changes to existing law (a) In general Title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. (b) Funding Funds made available to carry out title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. (c) Conforming amendments (1) Section 416(b) of the Agricultural Act of 1949 ( 7 U.S.C. 1431(b) (A) in paragraph (1), in the first sentence, by striking titles II and III of the Food for Peace Act section 300 of the Foreign Assistance Act of 1961 and title III of the Food for Peace Act (B) in paragraph (7)(D)(iii), in the second sentence, by striking titles II and III of the Food for Peace Act section 300 of the Foreign Assistance Act of 1961 and title III of the Food for Peace Act (2) Section 3206(a)(4)(A)) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1726c(a)(4)(A) (as in effect on the day before the date of enactment of the Food for Peace Reform Act of 2014 ; and (3) Section 407(f)(1)(B) of the Food for Peace Act ( 7 U.S.C. 1736a(f)(1)(B) (A) in clause (iv), by inserting and (B) by striking clauses (v) and (vi); and (C) by redesignating clause (vii) as clause (v). (4) Section 302 of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 (A) in subsection (b)(2)(B)(i), by striking Food for Peace Act ( 7 U.S.C. 1691 et seq. section 300 of the Foreign Assistance Act of 1961 (B) in subsection (c)(1)— (i) in subparagraph (B)— (I) in clause (i), by striking title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. section 300 of the Foreign Assistance Act of 1961 (II) in clause (ii), by striking title II of that Act section 300 of the Foreign Assistance Act of 1961 (ii) in subparagraph (C), by striking title II of that Act ( 7 U.S.C. 1721 et seq. section 300 of the Foreign Assistance Act of 1961 (iii) in subparagraph (D), by striking under section 204(a)(3) of the Food for Peace Act ( 7 U.S.C. 1724(a)(3) (C) in subsection (e)(1), by striking Food for Peace Act ( 7 U.S.C. 1691 et seq. section 300 of the Foreign Assistance Act of 1961 (D) in subsection (f)(2)(A), by striking Food for Peace Act ( 7 U.S.C. 1691 et seq. section 300 of the Foreign Assistance Act of 1961 4. Sense of Congress It is the sense of the Congress that the United States Merchant Marine— (1) is a critical component of our Nation’s military and economic security; (2) consists of a fleet of private, merchant ships that are registered in the United States and provide domestic and international transportation for passengers and cargo; and (3) with the dedicated crews of mariners that operate the fleet, is an essential part of defense capacity in times of peace and in times of war.
Food for Peace Reform Act of 2014
Ensuring Veterans Access to Care Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to: (1) implement an upgraded and centralized electronic system for scheduling individuals' appointments for VA health care, and (2) contract for an independent assessment of the process at each VA medical facility for scheduling such appointments. Sets forth measures concerning the training and hiring of VA health personnel that: protect primary care physicians from liability for failing to perform their period of obligated service under the Health Professionals Educational Assistance Program due to VA staffing changes or an oversupply of primary care physicians; allow individuals, as part of that Program, to enroll in the Uniformed Services University of the Health Sciences to pursue a medical education with a primary care specialization; require the Secretary to annually identify the five VA health care occupations for which there are the largest staffing shortages, to recruit and appoint health care providers to those positions, and to give scholarship priority under the Health Professionals Educational Assistance Program to applicants pursuing careers in those occupations; direct the Secretary to implement a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, VA medical facilities; and include service at VA medical facilities as obligated service under the National Health Service Corps Scholarship and Loan Repayment Programs. Establishes measures to improve veterans' access to health care from non-VA providers by: requiring the Secretary to make enhanced use of the Secretary's existing authorities to give veterans access to health care at non-VA facilities if they cannot get timely access to care at VA health facilities; extending a joint Department of Defense (DOD)-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at facility, intraregional, and nationwide levels; requiring the Secretary to transfer the authority to pay for health care through non-VA facilities from the VA's Veterans Integrated Service Networks and medical centers to the Veterans Health Administration's Chief Business Office; requiring the Secretary to provide outreach to Indian medical facilities regarding their ability to enter into agreements with the VA for reimbursement for providing veterans with health care; requiring the Secretary to enter into agreements to reimburse Native Hawaiian health care systems for the provision of health care to veterans. Sets forth VA health care administrative matters, which include: requiring the Secretary to improve veterans' access to telemedicine and other health care through the use of VA mobile vet centers by establishing standardized requirements for the operation of such centers, establishing the Commission on Access to Care, establishing the Commission on Capital Planning for Department of Veterans Affairs Medical Facilities, and authorizing the Secretary to remove any individual from the Senior Executive Service if the Secretary determines that the individual's performance warrants such removal. Authorizes the Secretary to carry out certain major medical facility leases at specified locations for up to specified amounts. Sets forth requirements for the budgetary treatment of such leases.
To improve the access of veterans to medical services from the Department of Veterans Affairs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Ensuring Veterans Access to Care 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—Improvement of Scheduling System for Health Care Appointments Sec. 101. Implementation of upgraded Department of Veterans Affairs electronic scheduling system for appointments for receipt of health care from the Department. Sec. 102. Independent assessment of the scheduling process for medical appointments for care from Department of Veterans Affairs. TITLE II—Training and Hiring of Health Care Staff Sec. 201. Modification of liability for breach of period of obligated service under Health Professionals Educational Assistance Program for primary care physicians. Sec. 202. Program of education at Uniformed Services University of the Health Sciences with specialization in primary care. Sec. 203. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs. Sec. 204. Clinic management training program of the Department of Veterans Affairs. Sec. 205. Inclusion of Department of Veterans Affairs facilities in National Health Service Corps Scholarship and loan repayment programs. Sec. 206. Authorization of emergency appropriations. TITLE III—Improvement of Access to Care from Non-Department of Veterans Affairs Providers Sec. 301. Improvement of access by veterans to health care from non-Department of Veterans Affairs providers. Sec. 302. Extension of and report on joint incentives program of Department of Veterans Affairs and Department of Defense. Sec. 303. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department. Sec. 304. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service. Sec. 305. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems. Sec. 306. Authorization of emergency appropriations. TITLE IV—Health Care Administrative Matters Sec. 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs. Sec. 402. Commission on Access to Care. Sec. 403. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities. Sec. 404. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance. TITLE V—Major Medical Facility Leases Sec. 501. Authorization of major medical facility leases. Sec. 502. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. I Improvement of Scheduling System for Health Care Appointments 101. Implementation of upgraded Department of Veterans Affairs electronic scheduling system for appointments for receipt of health care from the Department (a) Implementation (1) In general Not later than March 31, 2016, the Secretary of Veterans Affairs shall fully implement an upgraded and centralized electronic scheduling system described in subsection (b) for appointments by eligible individuals for health care from the Department of Veterans Affairs. (2) Agile software development methodologies In implementing the upgraded electronic scheduling system required by paragraph (1), the Secretary shall use agile software development methodologies to fully implement portions of such system every 180 days beginning on the date on which the Secretary begins the implementation of such system, or enters into a contract for the implementation of such system, and ending on the date on which such system is fully implemented. (b) Electronic scheduling system The upgraded electronic scheduling system described in this subsection shall include mechanisms to achieve the following: (1) An efficient and effective graphical user interface with a calendar view for use by employees of the Department in scheduling appointments that enables error-free scheduling of the health care resources of the Department. (2) A capability to assist employees of the Department to easily and consistently implement policies of the Department with respect to scheduling of appointments, including with respect to priority for appointments for certain eligible individuals. (3) A capability for employees of the Department to sort and view through a unified interface the availability for each health care provider of the Department or other health care resource of the Department. (4) A capability for employees of the Department to sort and view appointments for and appointment requests made by a particular eligible individual. (5) A capability for seamless coordination of appointments for primary care, specialty care, consultations, or any other health care matter among facilities of the Department. (6) A capability for eligible individuals to access the system remotely and schedule appointments directly through the system. (7) An electronic timestamp of each activity made by an eligible individual or on behalf of such individual with respect to an appointment or the scheduling of an appointment that shall be kept in the medical record of such individual. (8) A seamless connection to the Computerized Patient Record System of the Department so that employees of the Department, when scheduling an appointment for an eligible individual, have access to recommendations from the health care provider of such individual with respect to when such individual should receive an appointment. (9) A capability to provide automated reminders to eligible individuals on upcoming appointments through various electronic and voice media. (10) A capability to provide automated reminders to employees of the Department when an eligible individual who is on the wait-list for an appointment becomes eligible to schedule an appointment. (11) A dashboard capability to support efforts to track the following metrics in aggregate and by medical facility with respect to health care provided to eligible individuals under the laws administered by the Secretary: (A) The number of days into the future that the schedules of health care providers are available to schedule an appointment. (B) The number of providers available to see patients each day. (C) The number of support personnel working each day. (D) The types of appointments available. (E) The rate at which patients fail to appear for appointments. (F) The number of appointments canceled by a patient on a daily basis. (G) The number of appointments canceled by a health care provider on a daily basis. (H) The number of patients on the wait list at any given time. (I) The number of appointments scheduled on a daily basis; (J) The number of appointments available to be scheduled on a daily basis. (K) The number of patients seen on a daily, weekly, and monthly basis. (L) Wait-times for an appointment with a health care provider of the Department. (M) Wait-times for an appointment with a non-Department health care provider. (N) Wait-times for a referral to a specialist or consult. (12) A capability to provide data on the capacity of medical facilities of the Department for purposes of determining the resources needed by the Department to provide health care to eligible individuals. (13) Any other capabilities as specified by the Secretary for purposes of this section. (c) Plan (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan for implementing the upgraded electronic scheduling system required by subsection (a). (2) Elements The plan required by paragraph (1) shall include the following: (A) A description of the priorities of the Secretary for implementing the requirements of the system under subsection (b). (B) A detailed description of the manner in which the Secretary will fully implement such system, including deadlines for completing each such requirement. (3) Update Not later than 90 days after the submittal of the plan required by paragraph (1), and not less frequently than every 90 days thereafter until such system is fully implemented, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an update on the status of the implementation of such plan. (d) Use of amounts The Secretary may use amounts available to the Department of Veterans Affairs for the appropriations account under the heading Medical Services (e) Eligible individual defined In this section, the term eligible individual 102. Independent assessment of the scheduling process for medical appointments for care from Department of Veterans Affairs (a) Independent assessment (1) Contract Not later than 30 days after the date of the enactment of this Act, the Secretary of Veteran Affairs shall enter into a contract with an independent third party to assess the process at each medical facility of the Department of Veterans Affairs for scheduling appointments for veterans to receive hospital care, medical services, or other health care from the Department. (2) Elements In carrying out the assessment required by paragraph (1), the independent third party shall do the following: (A) Review all training materials pertaining to scheduling of appointments at each medical facility of the Department. (B) Assess whether all employees of the Department conducting tasks related to scheduling are properly trained for conducting such tasks. (C) Assess whether changes in the technology or system used in scheduling appointments are necessary to limit access to the system to only those employees that have been properly trained in conducting such tasks. (D) Assess whether health care providers of the Department are making changes to their schedules that hinder the ability of employees conducting such tasks to perform such tasks. (E) Assess whether the establishment of a centralized call center throughout the Department for scheduling appointments at medical facilities of the Department would improve the process of scheduling such appointments. (F) Assess whether booking templates for each medical facility or clinic of the Department would improve the process of scheduling such appointments. (G) Recommend any actions to be taken by the Department to improve the process for scheduling such appointments, including the following: (i) Changes in training materials provided to employees of the Department with respect to conducting tasks related to scheduling such appointments. (ii) Changes in monitoring and assessment conducted by the Department of wait-times of veterans for such appointments. (iii) Changes in the system used to schedule such appointments, including changes to improve how the Department— (I) measures wait-times of veterans for such appointments; (II) monitors the availability of health care providers of the Department; and (III) provides veterans the ability to schedule such appointments. (iv) Such other actions as the independent third party considers appropriate. (3) Timing The independent third party carrying out the assessment required by paragraph (1) shall complete such assessment not later than 180 days after entering into the contract described in such paragraph. (b) Report Not later than 90 days after the date on which the independent third party completes the assessment under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of such assessment. II Training and Hiring of Health Care Staff 201. Modification of liability for breach of period of obligated service under Health Professionals Educational Assistance Program for primary care physicians Section 7617 (1) In subsection (c)(1), by striking If a participant Except as provided in subsection (d), if a participant (2) by adding at the end the following new subsection: (d) Liability shall not arise under subsection (c) in the case of a participant otherwise covered by that subsection who has pursued a course of education or training in primary care if— (1) the participant— (A) does not obtain, or fails to maintain, employment as a Department employee due to staffing changes approved by the Under Secretary for Health; or (B) does not obtain, or fails to maintain, employment in a position of primary care physician in the Veterans Health Administration due, as determined by the Secretary, to a number of primary care physicians in the Administration that is excess to the needs of the Administration; and (2) the participant agrees to accept and maintain employment as a primary care physician with another department or agency of the Federal Government (with such employment to be under such terms and conditions as are jointly agreed upon by the participant, the Secretary, and the head of such department or agency, including terms and conditions relating to a period of obligated service as a primary care physician with such department or agency) if such employment is offered to the participant by the Secretary and the head of such department or agency. . 202. Program of education at Uniformed Services University of the Health Sciences with specialization in primary care (a) Program required under Health Professionals Educational Assistance Program (1) In general Chapter 76 VIII Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care 7691. Authority for program As part of the Educational Assistance Program, the Secretary shall, in collaboration with the Secretary of Defense, carry out a program to permit individuals to enroll in the Uniformed Services University of the Health Sciences under chapter 104 of title 10 to pursue a medical education with a specialization in primary care. The program shall be known as the Department of Veterans Affairs Primary Care Educational Assistance Program (in this chapter referred to as the Primary Care Educational Assistance Program 7692. Selection; agreement; ineligibility for certain other educational assistance (a) Selection (1) Medical students at the Uniformed Services University of the Health Sciences pursuant to the Primary Care Educational Assistance Program shall be selected by the Secretary, in consultation with the Secretary of Defense, in accordance with procedures established by the Secretaries for purposes of the Program. (2) The procedures referred to in paragraph (1) shall emphasize the basic requirement that students demonstrate a motivation and dedication to a medical career in primary care. (3) The number of medical students selected each year for first-year enrollment in the University pursuant to this subsection shall be jointly determined by the Secretary and the Secretary of Defense. (b) Agreement An agreement between the Secretary and a participant in the Primary Care Educational Assistance Program shall (in addition to the requirements set forth in section 7604 of this title) include the following: (1) The Secretary's agreement to cover the costs of the participant's education and training at the Uniformed Services University of the Health Sciences under chapter 104 of title 10 as if the participant were a medical student enrolled in the University pursuant to section 2114 (2) The participant's agreement to serve as a full-time employee in the Veterans Health Administration in a position as a primary care physician for a period of time (in this subchapter referred to as the period of obligated service (c) Ineligibility for other educational assistance An individual who receives education and training under the Primary Care Educational Assistance Program shall not be eligible for other assistance under this chapter in connection with such education and training. 7693. Obligated service (a) In general Each participant in the Primary Care Educational Assistance Program shall provide service as a full-time employee of the Department in the Veterans Health Administration in a primary care position for the period of obligated service provided in the agreement of the participant entered into for purposes of this subchapter. Such service shall be provided in a full-time primary care clinical practice in an assignment or location determined by the Secretary. (b) Service commencement date (1) Not later than 60 days before a participant's service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant's period of obligated service. (2) As soon as possible after a participant's service commencement date, the Secretary shall— (A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and (B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant's course of education or training prepared the participant, assign the participant to such a position. (3) A participant's service commencement for purposes of this subsection date is the date upon which the participant becomes licensed to practice medicine in a State. (c) Commencement of obligated service A participant in the Primary Care Educational Assistance Program shall be considered to have begun serving the participant's period of obligated service— (1) on the date on which the participant is appointed as a full-time employee in the Veterans Health Administration pursuant to subsection (b)(2)(A); or (2) if the participant is a full-time employee in the Veterans Health Administration and assigned to a position pursuant to subsection (b)(2)(B), on the date on which the participant is so assigned to such position. 7694. Breach of agreement: liability (a) Liability during course of education or training (1) A participant in the Primary Care Educational Assistance Program shall be liable to the United States for the amount which has been paid on behalf of the participant under the agreement entered into for purposes of this subchapter if any of the following occurs: (A) The participant fails to maintain an acceptable level of academic standing in the Uniformed Services University of the Health Sciences. (B) The participant is dismissed from the Uniformed Services University of the Health Sciences for disciplinary reasons. (C) The participant voluntarily terminates the course of medical education and training in the Uniformed Services University of the Health Sciences before the completion of such course of education and training. (D) The participant fails to become licensed to practice medicine in a State during a period of time determined under regulations prescribed by the Secretary. (2) Liability under this subsection is in lieu of any service obligation arising under a participant's agreement for purposes of this subchapter. (b) Liability during period of obligated service (1) Except as provided in subsection (c) and subject to paragraph (2), if a participant in the Primary Care Educational Assistance Program breaches the agreement entered into for purposes of this subchapter by failing for any reason to complete the participant's period of obligated service, the United States shall be entitled to recover from the participant an amount equal to— (A) the total amount paid under this subchapter on behalf of the participant; multiplied by (B) a fraction— (i) the numerator of which is— (I) the total number of months in the participant's period of obligated service; minus (II) the number of months served by the participant pursuant to the agreement; and (ii) the denominator of which is the total number of months in the participant's period of obligated service. (2) Any period of internship or residency training of a participant shall not be treated as satisfying the participant's period of obligated service for purposes of this subsection. (c) Exceptions Liability shall not arise under subsection (b) in the case of a participant otherwise covered by that subsection if— (1) the participant— (A) does not obtain, or fails to maintain, employment as a Department employee due to staffing changes approved by the Under Secretary for Health; or (B) does not obtain, or fails to maintain, employment in a position of primary care physician in the Veterans Health Administration due, as determined by the Secretary, to a number of primary care physicians in the Administration that is excess to the needs of the Administration; and (2) the participant agrees to accept and maintain employment as a primary care physician with another department or agency of the Federal Government (with such employment to be under such terms and conditions as are jointly agreed upon by the participant, the Secretary, and the head of such department or agency, including terms and conditions relating to a period of obligated service as a primary care physician with such department or agency) if such employment is offered to the participant by the Secretary and the head of such department or agency. 7695. Funding (a) In general Amounts for the Primary Care Educational Assistance Program shall be derived from amounts available to the Secretary for the Veterans Health Administration. (b) Transfer (1) The Secretary shall transfer to the Secretary of Defense amounts required by the Secretary of Defense to carry out the Primary Care Educational Assistance Program. (2) Amounts transferred to the Secretary of Defense pursuant to paragraph (1) shall be credited to the appropriation or account providing funding for the Uniformed Services University of the Health Sciences. Amounts so credited shall be merged with amounts in the appropriation or account to which credited and shall be available, subject to the terms and conditions applicable to such appropriation or account, for the Uniformed Services University of the Health Sciences. . (2) Clerical amendment The table of sections at the beginning of chapter 76 of such title is amended by adding after the item relating to section 7684 the following: SUBCHAPTER VIII—Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care 7691. Authority for program. 7692. Selection; agreement; ineligibility for certain other educational assistance. 7693. Obligated service. 7694. Breach of agreement: liability. 7695. Funding. . (b) Inclusion of program in Health Professionals Educational Assistance Program Section 7601(a) of such title is amended— (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 new paragraph: (6) the enrollment of individuals in the Uniformed Services University of the Health Sciences for specialization in primary care provided for in subchapter VIII of this chapter. . (c) Application requirements (1) In general Subsection (a)(1) of section 7603 of such title is amended in the matter preceding subparagraph (A) by striking , or VI , VI, or VIII (2) No priority for applications Subsection (d) of such section is amended— (A) by striking In selecting (1) Except as provided in paragraph (2), in selecting (B) by adding at the end the following new paragraph: (2) Paragraph (1) shall not apply with respect to applicants for participation in the Program of Education at Uniformed Services University of the Health Sciences With Specialization in Primary Care pursuant to subchapter VIII of this chapter. . (d) Agreement requirements Section 7604 of such title is amended by striking , or VI , VI, or VIII 203. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs (a) Staffing shortage (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall determine, and publish in the Federal Register, the five occupations of health care providers of the Department of Veterans Affairs for which there is the largest staffing shortage throughout the Department. (2) Recruitment and appointment Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary may, upon a determination by the Secretary under paragraph (1) or a modification to such determination under paragraph (2), that there is a staffing shortage throughout the Department with respect to a particular occupation of health care provider, recruit and directly appoint highly qualified health care providers to a position to serve as a health care provider in that particular occupation for the Department. (3) Priority in Health Professionals Educational Assistance Program to certain providers Section 7612(b)(5) (A) in subparagraph (A), by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) shall give priority to applicants pursuing a course of education or training towards a career in an occupation for which the Secretary has, in the most current determination published in the Federal Register pursuant to section 203(a)(1) of the Ensuring Veterans Access to Care Act of 2014 . (b) Reports (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even numbered year thereafter until 2024, 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 assessing the staffing of each medical facility of the Department of Veterans Affairs. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) The results of a system-wide assessment of all medical facilities of the Department to ensure the following: (i) Appropriate staffing levels for health care providers to meet the goals of the Secretary for timely access to care for veterans. (ii) Appropriate staffing levels for support personnel, including clerks. (iii) Appropriate sizes for clinical panels. (iv) Appropriate numbers of full-time staff, or full-time equivalent, dedicated to direct care of patients. (v) Appropriate physical plant space to meet the capacity needs of the Department in that area. (vi) Such other factors as the Secretary considers necessary. (B) A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues. (C) A list of the current wait times and workload levels for the following clinics in each medical facility: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (D) A description of the results of the determination of the Secretary under paragraph (1) of subsection (a) and a plan to use direct appointment authority under paragraph (2) of such subsection to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted. (E) The current staffing models of the Department for the following clinics, including recommendations for changes to such models: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (F) A detailed analysis of succession planning at medical facilities of the Department, including the following: (i) The number of positions in medical facilities throughout the Department that are not filled by a permanent employee. (ii) The length of time each such position described in clause (i) remained vacant or filled by a temporary or acting employee. (iii) A description of any barriers to filling the positions described in clause (i). (iv) A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days. (v) A plan for handling emergency circumstances, such administrative leave or sudden medical leave for senior officials. (G) The number of health care providers who have been removed from their position or have retired, by provider type, during the two-year period preceding the submittal of the report. (H) Of the health care providers specified in subparagraph (G) that have been removed from their position, the following: (i) The number of such health care providers who were reassigned to another position in the Department. (ii) The number of such health care providers who left the Department. 204. Clinic management training program of the Department of Veterans Affairs (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, medical facilities of the Department of Veterans Affairs. (b) Elements The clinic management training program required by subsection (a) shall include the following: (1) Training on how to manage the schedules of health care providers of the Department, including the following: (A) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance. (B) Proper planning procedures for vacation, leave, and graduate medical education training schedules. (2) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty. (3) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots. (4) Training on how to properly use the data produced by the scheduling dashboard required by section 101(b)(11) of this Act to meet demand for health care, including the following: (A) Training on determining the next available appointment for each health care provider at the medical facility. (B) Training on determining the number of health care providers needed to meet demand for health care at the medical facility. (C) Training on determining the number of exam rooms needed to meet demand for such health care in an efficient manner. (5) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department. (6) Training on how to optimize the use of technology, including the following: (A) Telemedicine. (B) Electronic mail. (C) Text messaging. (D) Such other technologies as specified by the Secretary. (7) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff. 205. Inclusion of Department of Veterans Affairs facilities in National Health Service Corps Scholarship and loan repayment programs (a) In general The Secretary of Health and Human Services shall use the funds transferred under subsection (e) to award scholarship and loan repayment contracts under sections 338A and 338B of the Public Health Service Act ( 42 U.S.C. 254l (b) Health professional shortage areas For purposes of selecting individuals eligible for the scholarships and loan repayment contracts under subsection (a), all health facilities of the Department of Veterans Affairs shall be deemed health professional shortage areas, as defined in section 332 of the Public Health Service Act ( 42 U.S.C. 254e (c) Requirement The Secretary of Health and Human Services shall ensure that a minimum of 5 scholarships or loan repayment contracts are awarded to individuals who agree to a period of obligated service at Veterans Affairs facilities in each State. (d) Applicability of NHSC program requirements Except as otherwise provided in this section, the terms of the National Health Service Corps Scholarship Program and the National Health Service Corps Loan Repayment Program shall apply to participants awarded a grant or loan repayment contract under subsection (a) in the same manner that such terms apply to participants awarded a grant or loan repayment contract under section 338A or 338B of the Public Health Service Act. (e) Inclusion of geriatricians For purposes of awarding scholarships and loan repayments contracts to eligible individuals who agree to a period of obligated service at a health facility of the Department of Veterans Affairs pursuant to this section, in sections 338A and 338B of the Public Health Service Act ( 42 U.S.C. 254l primary health services (f) Funding The Secretary of Veterans Affairs shall transfer $20,000,000 for fiscal year 2014, and such sums as may be necessary for each fiscal year thereafter, from accounts of the Veterans Health Administration to the Secretary of Health and Human Services to award scholarships and loan repayment contracts, as described in subsection (a). All funds so transferred shall be used exclusively for the purposes described in such subsection. 206. Authorization of emergency appropriations There is authorized to be appropriated for the Department of Veterans Affairs such sums as may be necessary to carry out this title. III Improvement of Access to Care from Non-Department of Veterans Affairs Providers 301. Improvement of access by veterans to health care from non-Department of Veterans Affairs providers (a) Improvement of access (1) In general The Secretary of Veterans Affairs shall ensure timely access of all veterans to the hospital care, medical services, and other health care for which such veterans are eligible under the laws administered by the Secretary through the enhanced use of authorities specified in paragraph (2) on the provision of such care and services through non-Department of Veterans Affairs providers (commonly referred to as non-Department of Veterans Affairs medical care (2) Authorities on provision of care through non-Department providers The authorities specified in this paragraph are the following: (A) Section 1703 (B) Section 1725 of such title, relating to reimbursement of certain veterans for the reasonable value of emergency treatment at non-Department facilities. (C) Section 1728 of such title, relating to reimbursement of certain veterans for customary and usual charges of emergency treatment from sources other than the Department. (D) Section 1786 of such title, relating to health care services furnished to newborn children of women veterans who are receiving maternity care furnished by the Department at a non-Department facility. (E) Any other authority under the laws administered by the Secretary to provide hospital care, medical services, or other health care from a non-Department provider, including the following: (i) A Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (ii) The Department of Defense. (iii) The Indian Health Service. (3) Requirements In ensuring timely access of all veterans to the care and services described in paragraph (1) through the enhanced use of authorities specified in paragraph (2), the Secretary shall require the following: (A) That each veteran who has not received hospital care, medical services, or other health care from the Department and is seeking an appointment for primary care under the laws administered by the Secretary receive an appointment for primary care at a time consistent with timeliness measures established by the Secretary for purposes of providing primary care to all veterans. (B) That the determination whether to refer a veteran for specialty care through a non-Department provider shall take into account the urgency and acuity of such veteran's need for such care, including— (i) the severity of the condition of such veteran requiring specialty care; and (ii) the wait-time for an appointment with a specialist with respect to such condition at the nearest medical facility of the Department with the capacity to provide such care. (C) That the determination whether a veteran shall receive hospital care, medical services, or other health care from the Department through facilities of the Department or through non-Department providers pursuant to the authorities specified in paragraph (2) shall take into account, in the manner specified by the Secretary, the following: (i) The distance the veteran would be required to travel to receive care or services through a non-Department provider compared to the distance the veteran would be required to travel to receive care or services from a medical facility of the Department. (ii) Any factors that might limit the ability of the veteran to travel, including age, access to transportation, and infirmity. (iii) The wait-time for the provision of care or services through a non-Department provider compared to the wait-time for the provision of care or services from a medical facility of the Department. (iv) Where the veteran would prefer to receive the care and services described in paragraph (1), unless the preference of the veteran conflicts with any of the other requirements of this paragraph. (D) That the Department maximize the use of hospital care, medical services, and other health care available to the Department through non-Department providers, including providers available to provide such care and services as follows: (i) Pursuant to contracts under the Patient-Centered Community Care Program of the Department. (ii) Pursuant to contracts between a facility or facilities of the Department and a local facility or provider. (iii) Pursuant to contracts with Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iv) On a fee-for-service basis. (b) Medical records In providing hospital care, medical services, and other health care to veterans through non-Department providers pursuant to the authorities specified in paragraph (2), the Secretary shall ensure that any such provider submits to the Department any medical record related to the care and services provided to a veteran by that provider for inclusion in the electronic medical record of such veteran maintained by the Department upon the completion of the provision of such care and services to such veteran. (c) Reports (1) Initial report Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of the requirements under subsection (a) and (b), including a plan to enforce the proper implementation of such requirements systematically throughout the Department. (2) Periodic reports Not later than 90 days after the submittal of the report required by paragraph (1), and every 90 days thereafter for one year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (A) The progress of the Secretary in carrying out the plan under paragraph (1) to enforce the proper implementation of the requirements under subsection (a) and (b) systematically throughout the Department. (B) The impact of the implementation of such requirements on wait-times for veterans to receive hospital care, medical services, and other health care, disaggregated by— (i) new patients; (ii) existing patients; (iii) primary care; and (iv) specialty care. (C) Any recommendations for changes or improvements to such requirements. (D) Any requests for additional funding necessary to carry out such requirements. 302. Extension of and report on joint incentives program of Department of Veterans Affairs and Department of Defense (a) Extension Section 8111(d)(3) September 30, 2015 September 30, 2020 (b) Reports (1) Report on implementation of recommendations Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to Congress a report on the implementation by the Department of Veterans Affairs and the Department of Defense of the findings and recommendations of the Comptroller General of the United States in the September 2012 report entitled VA and DoD Health Care: Department-Level Actions Needed to Assess Collaboration Performance, Address Barriers, and Identify Opportunities (2) Comptroller General report (A) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report assessing and providing recommendations for improvement to the program to identify, provide incentives to, implement, fund, and evaluate creative coordination and sharing initiatives between the Department of Veterans Affairs and the Department of Defense required under section 8111(d) of such title. (B) Elements The report required by subparagraph (A) shall include the following: (i) An assessment of the extent to which the program described in subparagraph (A) has accomplished the goal of such program to improve the access to, and quality and cost effectiveness of, the health care provided by the Veterans Health Administration and the Military Health System to the beneficiaries of both the Department of Veterans Affairs and the Department of Defense. (ii) An assessment of whether administration of such program through the Health Executive Committee of the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of such title provides sufficient leadership attention and oversight to ensure maximum benefits to the Department of Veterans Affairs and the Department of Defense through collaborative efforts. (iii) An assessment of whether additional authorities to jointly construct, lease, or acquire facilities would facilitate additional collaborative efforts under such program. (iv) An assessment of whether the funding for such program is sufficient to ensure consistent identification of potential opportunities for collaboration and oversight of existing collaborations to ensure a meaningful partnership between the Department of Veterans Affairs and the Department of Defense and remove any barriers to integration or collaboration. (v) An assessment of whether existing processes for identifying opportunities for collaboration are sufficient to ensure maximum collaboration between the Veterans Health Administration and the Military Health System. (vi) Such legislative or administrative recommendations for improvement to such program as the Comptroller General considers appropriate to enhance the use of such program to increase access to health care. 303. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department (a) Transfer of authority (1) In general Effective on October 1, 2014, the Secretary of Veterans Affairs shall transfer the authority to pay for hospital care, medical services, and other health care through non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department of Veterans Affairs from the Veterans Integrated Service Networks and medical centers of the Department of Veterans Affairs. (2) Manner of care The Chief Business Office shall work in consultation with the Office of Clinical Operations and Management of the Department of Veterans Affairs to ensure that care and services described in paragraph (1) is provided in a manner that is clinically appropriate and effective. (3) No delay in payment The transfer of authority under paragraph (1) shall be carried out in a manner that does not delay or impede any payment by the Department for hospital care, medical services, or other health care provided through a non-Department provider under the laws administered by the Secretary. (b) Budgetary effect The Secretary shall, for each fiscal year that begins after the date of the enactment of this Act— (1) include in the budget for the Chief Business Office of the Veterans Health Administration amounts to pay for hospital care, medical services, and other health care provided through non-Department providers, including any amounts necessary to carry out the transfer of authority to pay for such care and services under subsection (a), including any increase in staff; and (2) not include in the budget of each Veterans Integrated Service Network and medical center of the Department amounts to pay for such care and services. (c) Removal from performance goals For each fiscal year that begins after the date of the enactment of this Act, the Secretary shall not include in the performance goals of any employee of a Veterans Integrated Service Network or medical center of the Department any performance goal that might disincentivize the payment of Department amounts to provide hospital care, medical services, or other health care through a non-Department provider. 304. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service (a) Outreach to tribal-run medical facilities The Secretary of Veterans Affairs shall, in consultation with the Director of the Indian Health Service, conduct outreach to each medical facility operated by an Indian tribe or tribal organization through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (b) Metrics for memorandum of understanding performance The Secretary of Veterans Affairs shall implement performance metrics for assessing the performance by the Department of Veterans Affairs and the Indian Health Service under the memorandum of understanding entitled Memorandum of Understanding between the Department of Veterans Affairs (VA) and the Indian Health Service (IHS) (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Director of the Indian Health Service shall jointly submit to Congress a report on the feasibility and advisability of the following: (1) Entering into agreements for the reimbursement by the Secretary of the costs of direct care services provided through organizations receiving amounts pursuant to grants made or contracts entered into under section 503 of the Indian Health Care Improvement Act (25 U.S.C. 1653) to veterans who are otherwise eligible to receive health care from such organizations. (2) Including the reimbursement of the costs of direct care services provided to veterans who are not Indians in agreements between the Department and the following: (A) The Indian Health Service. (B) An Indian tribe or tribal organization operating a medical facility through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (C) A medical facility of the Indian Health Service. (d) Definitions In this section: (1) Indian The terms Indian Indian tribe (2) Medical facility of the Indian Health Service The term medical facility of the Indian Health Service 25 U.S.C. 450 et seq. (3) Tribal organization The term tribal organization 25 U.S.C. 450b 305. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems (a) In general The Secretary of Veterans Affairs shall, in consultation with Papa Ola Lokahi and such other organizations involved in the delivery of health care to Native Hawaiians as the Secretary considers appropriate, enter into contracts or agreements with Native Hawaiian health care systems that are in receipt of funds from the Secretary of Health and Human Services pursuant to grants awarded or contracts entered into under section 6(a) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705(a) (b) Definitions In this section, the terms Native Hawaiian Native Hawaiian health care system Papa Ola Lokahi 42 U.S.C. 11711 306. Authorization of emergency appropriations There is authorized to be appropriated for the Department of Veterans Affairs such sums as may be necessary to carry out this title. IV Health Care Administrative Matters 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs (a) Improvement of access (1) In general The Secretary of Veterans Affairs shall improve the access of veterans to telemedicine and other health care through the use of mobile vet centers of the Department of Veterans Affairs by providing standardized requirements for the operation of such centers. (2) Requirements The standardized requirements required by paragraph (1) shall include the following: (A) The number of days each mobile vet center of the Department is expected to travel per year. (B) The number of locations each center is expected to visit per year. (C) The number of appointments each center is expected to conduct per year. (D) The method and timing of notifications given by each center to individuals in the area to which such center is traveling, including notifications informing veterans of the availability to schedule appointments at the center. (3) Use of telemedicine The Secretary shall ensure that each mobile vet center of the Department has the capability to provide telemedicine services. (b) Reports Not later than one year after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) The use of mobile vet centers to provide telemedicine services to veterans during the year preceding the submittal of the report, including the following: (A) The number of days each mobile vet center was open to provide such services. (B) The number of days each mobile vet center traveled to a location other than the headquarters of the mobile vet center to provide such services. (C) The number of appointments each center conducted to provide such services on average per month and in total during such year. (2) An analysis of the effectiveness of using mobile vet centers to provide health care services to veterans through the use of telemedicine. (3) Any recommendations for an increase in the number of mobile vet centers of the Department. (4) Any recommendations for an increase in the telemedicine capabilities of each mobile vet center. (5) The feasibility and advisability of using temporary health care providers, including locum tenens, to provide direct health care services to veterans at mobile vet centers. (6) Such other recommendations on improvement of the use of mobile vet centers by the Department as the Secretary considers appropriate. 402. Commission on Access to Care (a) Establishment of commission (1) In general There is established the Commission on Access to Care (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall be composed of 10 voting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (ii) At least one member from among persons who are experts concerning a public or private hospital system. (iii) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iv) At least two members from among persons who are familiar with the Veterans Health Administration. (B) Nonvoting members In addition to members appointed under subparagraph (A), the Commission shall be composed of 10 nonvoting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (ii) At least one member from among persons who are experts in a public or private hospital system. (iii) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iv) At least two members from among persons who are familiar with the Veterans Health Administration. (C) Date The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Evaluation and assessment The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs. (2) Matters evaluated and assessed The matters evaluated and assessed by the Commission shall include the following: (A) The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care. (B) The measurement of such standards. (C) The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A). (D) Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration. (3) Reports The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (B) Not later than 180 days after the date of the initial meeting of the Commission, a final report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (c) Powers of the commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of the commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive action (1) Action on recommendations The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President— (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom. 403. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (a) Establishment of commission (1) Establishment There is established the Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall, subject to subparagraph (B), be composed of 10 voting members as follows: (i) 1 shall be appointed by the President. (ii) 1 shall be appointed by the Administrator of General Services. (iii) 3 shall be appointed by the Secretary of Veterans Affairs, of whom— (I) 1 shall be an employee of the Veterans Health Administration; (II) 1 shall be an employee of the Office of Asset Enterprise Management of the Department of Veterans Affairs; and (III) 1 shall be an employee of the Office of Construction and Facilities Management of the Department of Veterans Affairs. (iv) 1 shall be appointed by the Secretary of Defense from among employees of the Army Corps of Engineers. (v) 1 shall be appointed by the majority leader of the Senate. (vi) 1 shall be appointed by the minority leader of the Senate. (vii) 1 shall be appointed by the Speaker of the House of Representatives. (viii) 1 shall be appointed by the minority leader of the House of Representatives. (B) Requirement relating to certain appointments of voting members Of the members appointed pursuant to clause (i), (ii), and (iv) through (viii) of subparagraph (A), all shall have expertise in capital leasing, construction, or health facility management planning. (C) Non-voting members The Commission shall be assisted by 10 non-voting members, appointed by the vote of a majority of members of the Commission under subparagraph (A), of whom— (i) 6 shall be representatives of veterans service organizations recognized by the Secretary of Veterans Affairs; and (ii) 4 shall be individuals from outside the Department of Veterans Affairs with experience and expertise in matters relating to management, construction, and leasing of capital assets. (D) Date of appointment of voting members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which 7 members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chair. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. (b) Duties of commission (1) In general The Commission shall undertake a comprehensive evaluation and assessment of various options for capital planning for Department of Veterans Affairs medical facilities, including an evaluation and assessment of the mechanisms by which the Department currently selects means for the delivery of health care, whether by major construction, major medical facility leases, sharing agreements with the Department of Defense, the Indian Health Service, and Federally Qualified Health Clinics under section 330 of the Public Health Service Act ( 42 U.S.C. 254b (2) Context of evaluation and assessment In undertaking the evaluation and assessment, the Commission shall consider— (A) the importance of access to health care through the Department, including associated guidelines of the Department on access to, and drive time for, health care; (B) limitations and requirements applicable to the construction and leasing of medical facilities for the Department, including applicable laws, regulations, and costs as determined by both the Congressional Budget Office and the Office of Management and Budget; (C) the nature of capital planning for Department medical facilities in an era of fiscal uncertainty; (D) projected future fluctuations in the population of veterans; and (E) the extent to which the Department was able to meet the mandates of the Capital Asset Realignment for Enhanced Services Commission. (3) Particular considerations In undertaking the evaluation and assessment, the Commission shall address, in particular, the following: (A) The Major Medical Facility Lease Program of the Department, including an identification of potential improvements to the lease authorization processes under that Program. (B) The management processes of the Department for its Major Medical Facility Construction Program, including processes relating to contract award and management, project management, and processing of change orders. (C) The overall capital planning program of the Department for medical facilities, including an evaluation and assessment of— (i) the manner in which the Department determines whether to use capital or non-capital means to expand access to health care; (ii) the manner in which the Department determines the disposition of under-utilized and un-utilized buildings on campuses of Department medical centers, and any barriers to disposition; (iii) the effectiveness of the facility master planning initiative of the Department; and (iv) the extent to which sustainable attributes are planned for to decrease operating costs for Department medical facilities. (D) The current backlog of construction projects for Department medical facilities, including an identification of the most effective means to quickly secure the most critical repairs required, including repairs relating to facility condition deficiencies, structural safety, and compliance with the Americans With Disabilities Act of 1990. (4) Reports Subject to paragraph (5), the Commission shall submit to the Secretary of Veterans Affairs, and to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, reports as follows: (A) Not later than six months after its initial meeting under subsection (a)(4), a report on the Major Medical Facility Lease Program and the Congressional lease authorization process. (B) Not later than one year after its initial meeting, a report— (i) on the management processes of the Department for the construction of Department medical facilities; and (ii) setting forth an update of any matters covered in the report under subparagraph (A). (C) Not later than 18 months after its initial meeting, a report— (i) on the overall capital planning program of the Department for medical facilities; and (ii) setting forth an update of any matters covered in earlier reports under this paragraph. (D) Not later than two years after its initial meeting, a report— (i) on the current backlog of construction projects for Department medical facilities; (ii) setting forth an update of any matters covered in earlier reports under this paragraph; and (iii) including such other matters relating to the duties of the Commission that the Commission considers appropriate. (E) Not later than 27 months after its initial meeting, a report on the implementation by the Secretary of Veterans Affairs pursuant to subsection (g) of the recommendations included pursuant to paragraph (5) in the reports under this paragraph. (5) Recommendations Each report under paragraph (4) shall include, for the aspect of the capital asset planning process of the Department covered by such report, such recommendations as the Commission considers appropriate for the improvement and enhancement of such aspect of the capital asset planning process. (c) Powers of commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of commission The Commission shall terminate 60 days after the date on which the Commission submits its report under subsection (b)(4)(E). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission such amounts as the Secretary and the Chair of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Action on recommendations (1) In general The Secretary of Veterans Affairs shall implement each recommendation included in a report under subsection (b)(4) that the Secretary considers feasible and advisable and can be implemented without further legislative action. (2) Reports Not later than 120 days after receipt of a report under subparagraphs (A) through (D) of subsection (b)(4), the Secretary shall submit to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in such report. (B) For each recommendation assessed as feasible and advisable— (i) if such recommendation does not require further legislative action for implementation, a description of the actions taken, and to be taken, by the Secretary to implement such recommendation; and (ii) if such recommendation requires further legislative action for implementation, recommendations for such legislative action. 404. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) Removal or transfer (1) In general Chapter 7 713. Senior Executive Service: removal based on performance (a) In general The Secretary may remove any individual from the Senior Executive Service if the Secretary determines the performance of the individual warrants such removal. If the Secretary so removes such an individual, the Secretary may— (1) remove the individual from the civil service (as defined in section 2101 (2) transfer the individual to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate. (b) Notice to Congress Not later than 30 days after removing or transferring an individual from the Senior Executive Service under paragraph (1), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice in writing of such removal or transfer and the reason for such removal or transfer. (c) Appeal of removal or transfer Any removal or transfer under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 (d) Expedited review by Merit Systems Protection Board (1) The Merit Systems Protection Board shall expedite any appeal under section 7701 (2) In any case in which the Merit Systems Protection Board determines that it cannot issue a decision in accordance with the 21-day requirement under paragraph (1), the Merit Systems Protection Board shall submit to Congress a report that explains the reason why the Merit Systems Protection Board is unable to issue a decision in accordance with such requirement in such case. (3) There is authorized to be appropriated such sums as may be necessary for the Merit Systems Protection Board to expedite appeals under paragraph (1). (4) The Merit Systems Protection Board may not stay any personnel action taken under this section. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. . (b) Establishment of expedited review process (1) In general Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with section 713(d) (2) Inapplicability of certain regulations Section 1201.22 section 713(d) (3) Report by Merit Systems Protection Board Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to Congress a report on the actions the Board plans to take to conduct expedited reviews under section 713(d) (c) Temporary exemption from certain limitation on initiation of removal from Senior Executive Service During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Department of Veterans Affairs pursuant to section 713 section 7543 section 3592(b) (d) Construction Nothing in this section or section 713 V Major Medical Facility Leases 501. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. 502. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs (b) Requirement for obligation of full cost (1) In general Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 (A) an amount equal to total payments under the full term of the lease; or (B) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (2) Self-insuring authority The requirements of paragraph (1) may be satisfied through the use of a self-insuring authority consistent with Office of Management and Budget Circular A–11. (c) Transparency (1) Compliance Subsection (b) of section 8104 (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 Anti-Deficiency Act (A) an analysis of the classification of the lease as a lease-purchase capital lease operating lease (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a detailed summary of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. June 4, 2014 Read the second time and placed on the calendar
Ensuring Veterans Access to Care Act of 2014
Veterans Access to Care Accountability Act - Directs the Comptroller General (GAO) to conduct random, periodic audits of the medical facilities of the Department of Veterans Affairs (VA) and the Veterans Integrated Service Networks to determine if they are in compliance with legal and administrative standards requiring that veterans be provided timely access to health care from the VA. Requires the VA Secretary, upon the receipt of a specified report finding that a veteran has been subjected to a wait time of more than 30 days for health care from the VA, to: (1) notify the veteran, within 48 hours of receiving such report, of the status of the veteran's appointment; and (2) make every possible effort to schedule the veteran's appointment at a VA facility or through a non-VA health care provider on a date not later than 7 days after receiving such report. Requires the VA Inspector General to provide the Secretary with a list of the names of each director or other VA official responsible for activities at a VA medical facility who is found to have purposefully misrepresented patient records or other data in order to: (1) conceal a failure of the facility to comply with VA patient access or care standards, or (2) qualify for a performance award or any other compensation that is in addition to basic pay. Prohibits the Secretary from paying a bonus or award to any director or official on such list until the Secretary determines that all issues relating to the reasons why such director or official was included on such list have been resolved. Directs the Secretary to ensure that any performance review or consideration for promotion of a director or other VA official responsible for activities at a VA medical facility where such misrepresentation has occurred includes an evaluation of whether the director or other official knew or should have known about such misrepresentation. Prohibits the Inspector General from making the names of the individuals on the list public.
To improve wait times for appointments for hospital care, medical services, and other health care from the Department of Veterans Affairs, to improve accountability of employees responsible for long wait times for such appointments, and for other purposes. 1. Short title This Act may be cited as the Veterans Access to Care Accountability Act 2. Audits by the Comptroller General of the United States The Comptroller General of the United States shall conduct random, periodic audits of medical facilities of the Department of Veterans Affairs, and the Veterans Integrated Service Networks, to assess whether such facilities and Networks are complying with all standards imposed by law or by the Secretary of Veterans Affairs with respect to the timely access of veterans to hospital care, medical services, and other health care from the Department. 3. Improvement of wait times for appointments for hospital care, medical services, and other health care from the Department of Veterans Affairs (a) In general The Secretary of Veterans Affairs shall, upon receipt of a report described in subsection (b) that finds that an eligible veteran has been subjected to a wait time of more than 30 days for an appointment for hospital care, medical services, or other health care from the Department of Veterans Affairs— (1) not later than 48 hours after the receipt of such report, notify such eligible veteran of the status of the appointment of such eligible veteran for such care or services; and (2) make every effort possible to schedule an appointment for such eligible veteran for such care or services at a medical facility of the Department or through a non-Department health care provider on a date that is not later than seven days after the receipt of such report. (b) Report described A report described in this subsection is any report as follows: (1) Any report of the Inspector General of the Department of Veterans Affairs with respect to the provision by the Department of hospital care, medical services, or other health care to veterans. (2) Any report of the Comptroller General of the United States with respect to the provision by the Department of such care or services. (3) Any report of the Department or another organization with respect to the provision by the Department of such care or services within a Veterans Integrated Service Network or medical facility of the Department. (4) Any other report of the Department with respect to the provision by the Department of such care or services. (c) Privacy Nothing in this section shall be construed to alter privacy rules of the Department with respect to the disclosure of personal information of eligible veterans seeking such care or services from the Department. (d) Eligible veteran defined In this section, the term eligible veteran 4. Executive compensation and bonuses accountability at Department of Veterans Affairs (a) Inspector General of Department of Veterans Affairs notice If the Inspector General of the Department of Veterans Affairs determines that the director of a medical facility of the Department of Veterans Affairs or other official of the Department responsible for activities at such facility has purposefully misrepresented patient records or other data to conceal a failure of the facility to comply with patient access or care standards of the Department or for the purpose of qualifying for a performance award under section 5384 of title 5, United States Code, or any other compensation that is in addition to basic pay— (1) not later than 30 days after the date on which the Inspector General makes such determination, the Inspector General 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 determination; and (2) not later than 15 days after the date on which the Inspector General submits notice under paragraph (1), the Inspector General shall submit to the Secretary a list of the names of each director or other official responsible for such misrepresentation. (b) Limitation on performance awards Notwithstanding any other provision of law, the Secretary may not pay a bonus or award, including a performance award under section 5384 (c) Performance reviews The Secretary shall ensure that any performance review or consideration for promotion of a director or other official of the Department responsible for activities at a medical facility of the Department with respect to which a notice was submitted under subsection (a)(1) for a misrepresentation includes an evaluation of whether the director or other official knew or should have known about such misrepresentation. (d) Prohibition on publication of names The Inspector General may not make public the names of directors or other officials included in the list under subsection (a)(2). (e) Role of Inspector General Any responsibility or authority of the Inspector General provided under this section is in addition to any responsibility or authority provided to the Inspector General in the Inspector General Act of 1978 (5 U.S.C. App.).
Veterans Access to Care Accountability Act
Veterans Choice Act of 2014 - Requires hospital care and medical services to be furnished to veterans through contracts with Medicare providers if the veterans: (1) have been unable to schedule an appointment at a Department of Veterans Affairs (VA) medical facility within the Veterans Health Administration's (VHA's) wait-time goals for hospital care or medical services, and (2) opt for care or services from such providers. Directs the VA Secretary to provide veterans with information about the availability of care and services from Medicare providers when they: (1) enroll in the VA patient enrollment system, and (2) attempt to schedule an appointment for VA hospital care or medical services but are unable to do so within VHA's wait-time goals. Terminates this Act's requirement that the Secretary furnish care and services through contracts with Medicare providers two years after the Secretary publishes interim final regulations implementing the program. Expresses the sense of Congress that the Secretary must comply with the prompt payment rule or any similar regulation or ruling in paying for health care under contracts with non-VA providers. Requires the Secretary to ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of: (1) directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of VA medical centers; and (2) directors, assistant directors, and quality management officers of the Veterans Integrated Service Networks (VISNs). Directs the Secretary to modify the performance plans of the directors of VA medical centers and VISNs to ensure that such plans are based on the quality of care received by veterans at the health care facilities under their jurisdiction. Requires the Secretary to publish: (1) within 90 days after this Act's enactment, VA's wait-time goals for the scheduling of a veterans' appointment for health care; and (2) within one year after this Act's enactment, the current wait times for an appointment for primary care and specialty care at each VA medical center. Directs the Secretary to develop, update, and make publicly available a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for VA health care that are tracked by the Secretary. Requires the Secretary to enter into an agreement with the Secretary of Health and Human Services (HHS) to provide the HHS Secretary with the information needed to make VA medical center patient quality and outcome information publicly available through HHS's Hospital Compare website. Requires: (1) the VA website to include a link to the VA's health care providers database that provides veterans with the location of each VA physician's residency training, and (2) each veteran who is to undergo a surgical procedure by or through the VA to be provided information on the credentials of the surgeon who is to perform the procedure. Directs the Comptroller General (GAO) to submit an assessment to Congress of: (1) the manner in which contractors under the VA's Patient-Centered Community Care initiative oversee the credentials of physicians within their networks, and (2) VA's oversight of the contracts under the Patient-Centered Community Care initiative. Requires the annual budget that the President submits to Congress to include specified information regarding: (1) the cost of providing, and the number of veterans receiving, medical care through contracts with Medicare providers; and (2) the number of VA employees on paid administrative leave during the preceding fiscal year. Directs the Secretary to establish policies penalizing VA employees who knowingly submit, or knowingly require another VA employee to submit, to another VA employee false data concerning health care wait times or quality measures. Authorizes the Secretary to: (1) remove any individual from the VA's Senior Executive Service if the Secretary determines that the individual's performance warrants such removal, and (2) remove such individual from the civil service or appoint the individual to a General Schedule position at any grade the Secretary determines to be appropriate. Requires such removals to be performed in the same manner as removals of professional staff of Members of Congress.
To provide veterans with the choice of medical providers and to increase transparency and accountability of operations of the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans Choice Act of 2014 2. Expanded availability of hospital care and medical services for veterans through the use of contracts (a) Expansion of available care and services (1) In general Hospital care and medical services under chapter 17 (2) Choice of provider An eligible veteran who elects to receive care and services under this section may select the provider of such care and services from among any source of provider of such care and services specified in paragraph (1) that is accessible to the veteran. (b) Eligible veterans A veteran is an eligible veteran for purposes of this section if— (1) (A) the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code; or (B) the veteran is enrolled in such system, has not received hospital care and medical services from the Department, and has contacted the Department seeking an initial appointment from the Department for the receipt of such care and services; and (2) the veteran either— (A) (i) attempts, or has attempted under paragraph (1)(B), to schedule an appointment for the receipt of such care and services but is unable to schedule an appointment within the current wait-time goals of the Veterans Health Administration for the delivery of such care and services; and (ii) elects, and is authorized, to be furnished such care or services pursuant to subsection (c)(2); or (B) resides more than 40 miles from the nearest medical facility of the Department, including a community-based outpatient clinic, that is closest to the residence of the veteran. (c) Election and authorization If the Secretary confirms that an appointment for an eligible veteran described in subsection (b)(2)(A) for the receipt of hospital care or medical services under chapter 17 (1) place such eligible veteran on an electronic waiting list for such an appointment that is maintained by the Department and accessible to the veteran via www.myhealth.va.gov or any successor website; or (2) (A) authorize that such care and services be furnished to the eligible veteran under this section for a period of time specified by the Secretary; and (B) send a letter to the eligible veteran describing the care and services the eligible veteran is eligible to receive under this section. (d) Care and services through contracts (1) In general The Secretary shall enter into contracts with health care providers that are participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to furnish care and services to eligible veterans under this section. (2) Rates and reimbursement (A) In general In entering into a contract under this subsection, the Secretary shall— (i) negotiate rates for the furnishing of care and services under this section; and (ii) reimburse the health care provider for such care and services at the rates negotiated pursuant to clause (i) as provided in such contract. (B) Limit on rates Rates negotiated under subparagraph (A)(i) shall not be more than the rates paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) 42 U.S.C. 1395x(d) (C) Limit on collection For the furnishing of care and services pursuant to a contract under this section, a health care provider may not collect any amount that is greater than the rate negotiated pursuant to subparagraph (A)(i). (3) Information on policies and procedures The Secretary shall provide to any health care provider with which the Secretary has entered into a contract under paragraph (1) the following: (A) Information on applicable policies and procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section. (B) Access to a telephone hotline maintained by the Department that such health care provider may call for information on the following: (i) Procedures for furnishing care and services under this section. (ii) Procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section and being reimbursed for furnishing such care and services. (iii) Whether particular care or services under this section are authorized, and the procedures for authorization of such care or services. (e) Choice card (1) In general For purposes of receiving care and services under this section, the Secretary shall issue to each eligible veteran a card that the eligible veteran shall present to a health care provider that is eligible to furnish care and services under this section before receiving such care and services. (2) Name of card Each card issued under paragraph (1) shall be known as a Choice Card (3) Details of card Each Choice Card issued to an eligible veteran under paragraph (1) shall include the following: (A) The name of the eligible veteran. (B) An identification number for the eligible veteran that is not the social security number of the eligible veteran. (C) The contact information of an appropriate office of the Department for health care providers to confirm that care and services under this section is authorized for the eligible veteran. (D) Contact information and other relevant information for the submittal of claims or bills for the furnishing of care and services under this section. (E) The following statement: This card is for qualifying medical care outside the Department of Veterans Affairs. Please call the Department of Veterans Affairs phone number specified on this card to ensure that treatment has been authorized. (4) Information on use of card Upon issuing a Choice Card to an eligible veteran, the Secretary shall provide the eligible veteran with information clearly stating the circumstances under which the veteran may be eligible for care and services under this section. (f) Information on availability of care The Secretary shall provide information to a veteran about the availability of care and services under this section in the following circumstances: (1) When the veteran enrolls in the patient enrollment system of the Department under section 1705 of title 38, United States Code. (2) When the veteran attempts to schedule an appointment for the receipt of hospital care or medical services from the Department but is unable to schedule an appointment within the current wait-time goals of the Veterans Health Administration for delivery of such care or services. (g) Providers To be eligible to furnish care and services under this section, a health care provider must maintain at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for purposes of this section. (h) Cost-Sharing The Secretary shall require an eligible veteran to pay a copayment to the Department for the receipt of care and services under this section only if the eligible veteran would be required to pay such copayment for the receipt of such care and services at a medical facility of the Department. (i) Claims processing system (1) In general The Secretary shall provide for an efficient nationwide system for processing and paying bills or claims for authorized care and services furnished to eligible veterans under this section. (2) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations for the implementation of the efficient nationwide system required by paragraph (1). (j) Continuity of medical records The Secretary shall ensure that medical records of veterans maintained by the Department are updated to accurately reflect any care and services furnished under this section. (k) Tracking of missed appointments The Secretary shall implement a mechanism to track any missed appointments for care and services under this section by eligible veterans to ensure that the Department does not pay for such care and services that were not furnished. (l) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe interim final regulations on the implementation of this section and publish such regulations in the Federal Register. (m) Inspector General audit Not later than 540 days after the publication of the interim final regulations under subsection (l), the Inspector General of the Department shall conduct an audit of care and services furnished under this section to ensure the accuracy of payments by the Department for the cost of care and services furnished under this section. (n) Termination The requirement of the Secretary to furnish care and services under this section terminates on the date that is two years after the date on which the Secretary publishes the interim final regulations under subsection (l). (o) Reports Not less frequently than once every 90 days, the Secretary shall submit to Congress a report on the furnishing of care and services under this section that includes the following: (1) The number of veterans who have received care and services under this section during the 90-day period preceding the submittal of the report. (2) A description of the type of care and services furnished to veterans under this section during such 90-day period. 3. Sense of Congress on prompt payment by Department of Veterans Affairs It is the sense of Congress that the Secretary of Veterans Affairs shall comply with section 1315 of title 5, Code of Federal Regulations (commonly known as the prompt payment rule 4. Improved performance metrics for health care provided by Department of Veterans Affairs (a) Prohibition on use of scheduling and wait-Time metrics in determination of performance awards The Secretary shall ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of the following employees for purposes of determining whether to pay performance awards to such employees: (1) Directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of medical centers of the Department. (2) Directors, assistant directors, and quality management officers of Veterans Integrated Service Networks of the Department. (b) Modification of performance plans (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary shall modify the performance plans of the directors of the medical centers of the Department and the directors of the Veterans Integrated Service Networks to ensure that such plans are based on the quality of care received by veterans at the health care facilities under the jurisdictions of such directors. (2) Factors In modifying performance plans under paragraph (1), the Secretary shall ensure that assessment of the quality of care provided at health care facilities under the jurisdiction of a director described in paragraph (1) includes consideration of the following: (A) Recent reviews by the Joint Commission (formerly known as the Joint Commission on Accreditation of Healthcare Organizations (B) The number and nature of recommendations concerning such facilities by the Inspector General of the Department in reviews conducted through Combined Assessment Program (CAP) reviews, in the reviews by the Inspector General of community-based outpatient clinics and primary care clinics, and in reviews conducted through the Office of Healthcare Inspections during the two most recently completed fiscal years. (C) The number of recommendations described in subparagraph (B) that the Inspector General of the Department determines have not been carried out satisfactorily with respect to such facilities. (D) Reviews of such facilities by the Commission on Accreditation of Rehabilitation Facilities. (E) The number and outcomes of administrative investigation boards, root cause analysis, and peer reviews conducted at such facilities during the fiscal year for which the assessment is being conducted. (F) The effectiveness of any remedial actions or plans resulting from any Inspector General recommendations in the reviews and analyses described in subparagraphs (A) through (E). (3) Additional leadership positions To the degree practicable, the Secretary shall assess the performance of other employees of the Department in leadership positions at Department medical centers, including associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads, and in Veterans Integrated Service Networks, including assistant directors and quality management officers, using factors and criteria similar to those used in the performance plans modified under paragraph (1). 5. Improved transparency concerning health care provided by Department of Veterans Affairs (a) Publication of wait times (1) Goals (A) Initial Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish in the Federal Register, and on an Internet website accessible to the public of each medical center of the Department of Veterans Affairs, the wait-time goals of the Department for the scheduling of an appointment by a veteran for the receipt of health care from the Department. (B) Subsequent changes (i) In general If the Secretary modifies the wait-time goals described in subparagraph (A), the Secretary shall publish the new wait-time goals— (I) on an Internet website accessible to the public of each medical center of the Department not later than 30 days after such modification; and (II) in the Federal Register not later than 90 days after such modification. (ii) Effective date Any modification under clause (i) shall take effect on the date of publication in the Federal Register. (C) Goals described Wait-time goals published under this paragraph shall include goals for primary care appointments, specialty care appointments, and goals for such appointments based on the general severity of the condition of the veteran. (2) Wait times at medical centers of the Department Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish on an Internet website accessible to the public of each medical center of the Department the current wait time for an appointment for primary care and specialty care at the medical center. (b) Publicly available database of patient safety, quality of care, and outcome measures (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and make available to the public a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for health care provided by the Department that are tracked by the Secretary. (2) Update frequency The Secretary shall update the database required by paragraph (1) not less frequently than once each year. (3) Unavailable measures For all measures that the Secretary would otherwise publish in the database required by paragraph (1) but has not done so because such measures are not available, the Secretary shall publish notice in the database of the reason for such unavailability and a timeline for making such measures available in the database. (4) Accessibility The Secretary shall ensure that the database required by paragraph (1) is accessible to the public through the primary Internet website of the Department and through each primary Internet website of a Department medical center. (c) Hospital Compare website of Department of Health and Human Services (1) Agreement required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Health and Human Services for the provision by the Secretary of Veterans Affairs of such information as the Secretary of Health and Human Services may require to report and make publicly available patient quality and outcome information concerning Department of Veterans Affairs medical centers through the Hospital Compare Internet website of the Department of Health and Human Services or any successor Internet website. (2) Information provided The information provided by the Secretary of Veterans Affairs to the Secretary of Health and Human Services under paragraph (1) shall include the following: (A) Measures of timely and effective health care. (B) Measures of readmissions, complications of death, including with respect to 30-day mortality rates and 30-day readmission rates, surgical complication measures, and health care related infection measures. (C) Survey data of patient experiences, including the Hospital Consumer Assessment of Healthcare Providers and Systems or any similar successor survey developed by the Department of Health and Human Services. (D) Any other measures required of or reported with respect to hospitals participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (3) Unavailable information For any applicable metric collected by the Department of Veterans Affairs or required to be provided under paragraph (2) and withheld from or unavailable in the Hospital Compare Internet website, the Secretary of Veterans Affairs shall publish a notice in the Federal Register stating the reason why such metric was withheld from public disclosure and a timeline for making such metric available, if applicable. (d) Comptroller General review of publicly available safety and quality metrics Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the safety and quality metrics made publicly available by the Secretary of Veterans Affairs under this section to assess the degree to which the Secretary is complying with the provisions of this section. 6. Information for veterans on the credentials of Department of Veterans Affairs physicians (a) Improvement of Our Providers (1) Availability through Department of Veterans Affairs homepage A link to the Our Providers (2) Information on location of residency training The Internet website of the Department that is accessible to the public shall include under the link to the Our Providers (3) Information on physicians at particular facilities The Our Providers (b) Information on credentials of physicians for veterans undergoing surgical procedures Each veteran who is undergoing a surgical procedure by or through the Department shall be provided, at such time in advance of the procedure as is appropriate to permit such veteran to evaluate such information, information on the credentials of the surgeon to be performing such procedure. (c) GAO report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report setting forth an assessment by the Comptroller General of the following: (1) The manner in which contractors under the Patient-Centered Community Care initiative of the Department perform oversight of the credentials of physicians within the networks of such contractors under the initiative. (2) The oversight by the Department of the contracts under the Patient-Centered Community Care initiative. 7. Information in annual budget of the President on hospital care and medical services provided under section 2 The materials on the Department of Veterans Affairs in the budget of the President for a fiscal year, as submitted to Congress pursuant to section 1105(a) (1) The number of veterans who received hospital care and medical services under section 2 of this Act during the fiscal year preceding the fiscal year in which such budget is submitted. (2) The amount expended by the Department on furnishing care and services under such section during the fiscal year preceding the fiscal year in which such budget is submitted. (3) The amount requested in such budget for the costs of furnishing care and services under such section during the fiscal year covered by such budget, set forth in aggregate and by amounts for each account for which amounts are so requested. (4) The number of veterans that the Department estimates will receive hospital care and medical services under such section during the fiscal years covered by the budget submission. (5) The number of employees of the Department on paid administrative leave at any point during the fiscal year preceding the fiscal year in which such budget is submitted. 8. Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs Not later than 60 days after the date of the enactment of this Act, and in accordance with title 5, United States Code, the Secretary of Veterans Affairs shall establish policies whereby any employee of the Department of Veterans Affairs who knowingly submits false data concerning wait times for health care or quality measures with respect to health care to another employee of the Department or knowingly requires another employee of the Department to submit false data concerning such wait times or quality measures to another employee of the Department is subject to a penalty the Secretary considers appropriate after notice and an opportunity for a hearing, including civil penalties, unpaid suspensions, or termination. 9. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) In general Chapter 7 713. Senior Executive Service: removal based on performance (a) In general (1) Notwithstanding subchapter V of chapter 35 chapter 75 section 3132(a) (2) If the Secretary so removes such an individual, the Secretary may— (A) remove the individual from the civil service (as defined in section 2101 (B) appoint the individual to a General Schedule position at any grade of the General Schedule the Secretary determines appropriate. (b) Notice to Congress Not later than 30 days after removing an individual from the Senior Executive Service under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice in writing of such removal and the reason for such removal. (c) Manner of removal A removal under this section shall be done in the same manner as the removal of a professional staff member employed by a Member of Congress. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. .
Veterans Choice Act of 2014
Ensuring Veterans' Resiliency Act - Directs the Secretary of Veterans Affairs (VA) to carry out a three-year pilot program to repay the loans used to finance the education expenses related to psychiatric medicine of certain individuals who demonstrate a commitment to long-term careers as psychiatrists in the Veterans Health Administration (VHA). Requires those individuals to be: (1) licensed or eligible for licensure to practice psychiatric medicine in the VHA, or (2) enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education. Directs the Secretary to select at least 10 individuals each year to participate in the program. Requires program participants to agree to a period of obligated service with the VHA in the field of psychiatric medicine. Prohibits the Secretary from paying more than $60,000 on behalf of an individual for each year of obligated service the individual agrees to serve. Directs the Comptroller General (GAO) to conduct a study of pay disparities among VHA psychiatrists. Authorizes the Secretary to carry out a pilot program providing a monthly housing allowance to individuals who: (1) are health care providers, (2) are or agree to become VHA employees on a full-time basis in a health care position designated by the Secretary, and (3) accept an assignment in such position for at least 36 months at a rural or highly rural community-based outpatient clinic selected by the Secretary. Provides bonus housing allowances to participants who complete the 36 months of service and to those who complete additional one-year or two-year terms of service.
To require the Secretary of Veterans Affairs to carry out a pilot program to reduce the shortage of psychiatrists in the Veterans Health Administration of the Department of Veterans Affairs by repaying loans for certain psychiatrists, to carry out a pilot program to provide housing allowances to health care providers of the Veterans Health Administration who accept assignment at rural and highly rural clinics, and for other purposes. 1. Short title This Act may be cited as the Ensuring Veterans’ Resiliency Act 2. Pilot program on repayment of educational loans for certain psychiatrists of Veterans Health Administration (a) In general The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that— (1) were used by such individuals to finance the educational expenses of such individuals relating to psychiatric medicine, including education leading to— (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) An institution of higher education. (D) Any other entity as specified the Secretary for purposes of the pilot program. (b) Eligible individuals (1) In general Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who— (A) either— (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection (1) In general The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (2) Rural or highly rural areas Of the individuals selected under paragraph (1), not less than five shall be individuals who practice psychiatric medicine in a rural area or highly rural area or demonstrate a commitment to practice psychiatric medicine in such an area. (d) Period of obligated service The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary for purposes of the pilot program, in exchange for the repayment of the loan or loans of such individual under the pilot program. (e) Loan Repayments (1) In general Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit The amount paid by the Secretary under the pilot program for each year of obligated service agreed to by an individual under subsection (d) may not exceed $60,000. (f) Breach (1) Liability An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report (1) In general Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (2) Elements The report required by paragraph (1) shall include the following: (A) An assessment of the overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) A current assessment of the long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. 3. Comptroller General of the United States study on pay disparities of psychiatrists of Veterans Health Administration (a) Study (1) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements The study conducted under paragraph (1) shall include— (A) an examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to pay disparities described in paragraph (1); and (B) recommendations with respect to legislative or administrative actions to improve equity in pay among psychiatrists of the Veterans Health Administration. (b) Report Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the study. 4. Pilot program on housing allowances for health care providers of Veterans Health Administration accepting assignment at rural and highly rural community-based outpatient clinics (a) Pilot program authorized The Secretary of Veterans Affairs may carry out a pilot program to assess the feasibility and advisability of providing a housing allowance to health care providers of the Veterans Health Administration of the Department of Veterans Affairs who accept assignment at rural or highly rural community-based outpatient clinics as a means of encouraging such health care providers to accept assignment to such clinics. (b) Eligibility An individual is eligible for participation in the pilot program if the individual— (1) is a health care provider; (2) is, or agrees to become, an employee of the Veterans Health Administration on a full-time basis in a health care position designated by the Secretary for purposes of the pilot program; and (3) accepts an assignment in such position for a term of not less than 36 months at a rural or highly rural community-based outpatient clinic selected by the Secretary for purposes of the pilot program. (c) Conditions on payment of housing allowance Except as provided in subsection (d)(3), an individual may be provided a housing allowance under the pilot program only while— (1) in good standing as a health care provider within the Veterans Health Administration; and (2) assigned as a health care provider at a rural or highly rural community-based outpatient clinic. (d) Amount of housing allowance (1) Monthly amount during initial term During the first 36 months of participation in the pilot program, the housing allowance provided a health care provider participating in the pilot program shall be provided on a monthly basis at a rate that is equivalent to the monthly rate of basic allowance for housing (BAH) payable under section 403 (2) Monthly amount for certain providers for additional term If upon completion of the first 36 months in the pilot program a health care provider accepts continuing participation in the pilot program at a rural or highly rural community-based outpatient clinic for a term of not less than 12 additional months, the housing allowance provided the health care provider under the pilot program shall be provided on a monthly basis for such additional months at a rate determined in accordance with paragraph (1). (3) Bonus amount (A) Completion of initial term Any health care provider who successfully completes 36 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to three months of the monthly rate of housing allowance provided the health care provider under paragraph (1) during the last month before the provider's completion of participation in the pilot program. (B) Completion of additional one-year term Any health care provider who successfully completes 48 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 12 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (C) Completion of additional two-year term Any health care provider who successfully completes 60 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 13 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (D) No requirement to remain on assignment An amount payable under this paragraph shall be paid whether or not the health care provider concerned remains in an assignment at a rural or highly rural community-based outpatient clinic. (e) Supplemental nature of allowance Any housing allowance provided under the pilot program shall be in addition to any pay (including basic pay, special pay, and retirement or other bonus pay) payable to personnel of the Veterans Health Administration personnel under chapter 74 of title 38, United States Code, or any other provision of law. (f) Annual reports (1) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter while the pilot program is in effect, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) A current description of the pilot program, including the current number of participants in the pilot program and the amounts of housing allowance being provided such participants. (B) A current assessment of the value of the housing allowance under the pilot program in encouraging health care providers in accepting assignment to rural and highly rural community-based outpatient clinics. (g) Funding Amounts for housing allowances under the pilot program shall be derived from amounts available for the Veterans Health Administration for Medical Services. (h) Sunset (1) In general No individual may commence participation in the pilot program on or after the date that is five years after the date of the enactment of this Act. (2) Continuation of on-going provision of allowance Nothing in paragraph (1) shall be construed to prohibit the Secretary from providing housing allowances under the pilot program to individuals who commence participation in the pilot program before the date that is five years after the date of the enactment of this Act. (i) Rural or highly rural community-Based outpatient clinic defined In this section, the term rural or highly rural community-based outpatient clinic 5. Definitions In this Act: (1) Highly rural area The term highly rural area (2) Rural area The term rural area (3) Urbanized area The term urbanized area
Ensuring Veterans' Resiliency Act
Correctional Officer Self-Protection Act of 2014 - Amends the federal criminal code to require the Director of the Bureau of Prisons to ensure that each chief executive officer of a federal penal or correctional institution: (1) provides a secure storage area located outside of the secure perimeter of the institution for qualified law enforcement officers employed by the Bureau to store firearms, or allows such officers to store firearms in a vehicle lockbox approved by the Director; and (2) allows such officers to carry concealed firearms on the premises outside of the secure perimeter of the institution.
To amend title 18, United States Code, to require that the Director of the Bureau of Prisons ensure that each chief executive officer of a Federal penal or correctional institution provides a secure storage area located outside of the secure perimeter of the Federal penal or correctional institution for firearms carried by certain employees of the Bureau of Prisons, and for other purposes. 1. Short title This Act may be cited as the Correctional Officer Self-Protection Act of 2014 2. Findings Congress finds that— (1) the Law Enforcement Officers Safety Act of 2004 ( Public Law 108–277 (2) the purpose of that Act is to allow certain law enforcement officers to protect themselves while off duty; (3) correctional officers of the Bureau of Prisons have been the targets of assaults and murders while off duty; and (4) while that Act allows certain law enforcement officers to protect themselves off duty, the Director of the Bureau of Prisons allows correctional officers of the Bureau of Prisons to securely store personal firearms at only 33 Federal penal and correctional institutions while at work. 3. Secure firearms storage (a) In general Chapter 303 4049. Secure firearms storage (a) Definitions In this section— (1) the term employee (2) the terms firearm qualified law enforcement officer (b) Secure firearms storage The Director of the Bureau of Prisons shall ensure that each chief executive officer of a Federal penal or correctional institution— (1) (A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; or (B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and (2) notwithstanding any other provision of law (including regulations), allows employees to carry concealed firearms on the premises outside of the secure perimeter of the institution. . (b) Technical and conforming amendment The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4049. Secure firearms storage. .
Correctional Officer Self-Protection Act of 2014
Water Supply Permitting Coordination Act - Establishes the Bureau of Reclamation as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions (reviews) required under federal law to construct new surface water storage projects on lands administered by the Department of the Interior or the Department of Agriculture (USDA), exclusive of any easement, right-of-way, lease, or any private holding (qualifying projects). Directs the Commissioner of the Bureau: (1) upon receipt of an application for a qualifying project, to identify any federal agency that may have jurisdiction over a required review; and (2) to notify such agency that it has been designated as a cooperating agency unless the agency notifies the Bureau that the agency has no jurisdiction or authority over the project, has no expertise or information relevant to the project or any associated review, or does not intend to submit comments other than in cooperation with the Bureau. Requires each cooperating agency to submit to the Bureau: (1) a timeframe for completing the agency's authorizing responsibilities, (2) all environmental review material produced in the course of carrying out activities required under federal law consistent with the project schedule, and (3) all relevant project data. Allows a state in which a qualifying project is being considered to choose to: (1) participate as a cooperating agency; and (2) make subject to the processes of this Act all state agencies that have jurisdiction over the project, are required to conduct or issue a review, or are required to make a determination on issuing a permit, license, or approval for the project. Lists as the principal responsibilities of the Bureau under this Act to: (1) serve as the point of contact for applicants, state agencies, Indian tribes, and others regarding proposed projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all federal decisions necessary to authorize the use of federal lands for qualifying projects; and (3) coordinate all federal agency reviews necessary for the development and construction of qualifying projects. Authorizes the Secretary of the Interior to accept and expend funds contributed by a non-federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project or activity for a public purpose under the jurisdiction of the Department of the Interior. Directs the Secretary to ensure that all final permit decisions are made available to the public, including on the Internet.
To authorize the Secretary of the Interior to coordinate Federal and State permitting processes related to the construction of new surface water storage projects on lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture and to designate the Bureau of Reclamation as the lead agency for permit processing, and for other purposes. 1. Short title This Act may be cited as the Water Supply Permitting Coordination Act 2. Definitions In this Act: (1) Secretary The term Secretary (2) Bureau The term Bureau (3) Qualifying projects The term qualifying projects (4) Cooperating agencies The term cooperating agency 3. Establishment of lead agency and cooperating agencies (a) Establishment of Lead Agency The Bureau of Reclamation is established as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to construct qualifying projects. (b) Identification and Establishment of Cooperating Agencies The Commissioner of the Bureau shall— (1) identify, as early as practicable upon receipt of an application for a qualifying project, any Federal agency that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision required for a qualifying project under applicable Federal laws and regulations; and (2) notify any such agency, within a reasonable timeframe, that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the Bureau in writing, within a timeframe set forth by the Bureau, notifying the Bureau that the agency— (A) has no jurisdiction or authority with respect to the qualifying project; (B) has no expertise or information relevant to the qualifying project or any review, analysis, opinion, statement, permit, license, or other approval or decision associated therewith; or (C) does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the Bureau. (c) State Authority A State in which a qualifying project is being considered may choose, consistent with State law— (1) to participate as a cooperating agency; and (2) to make subject to the processes of this Act all State agencies that— (A) have jurisdiction over the qualifying project; (B) are required to conduct or issue a review, analysis, or opinion for the qualifying project; or (C) are required to make a determination on issuing a permit, license, or approval for the water resource project. 4. Bureau responsibilities (a) In general The principal responsibilities of the Bureau under this Act are to— (1) serve as the point of contact for applicants, State agencies, Indian tribes, and others regarding proposed projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all Federal decisions necessary to authorize the use of Federal lands for qualifying projects; and (3) coordinate all Federal agency reviews necessary for project development and construction of qualifying projects. (b) Coordination process The Bureau shall have the following coordination responsibilities: (1) Pre-application coordination Notify cooperating agencies of proposed qualifying projects not later than 30 days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants, relevant Federal and State agencies, and Indian tribes to— (A) explain applicable processes, data requirements, and applicant submissions necessary to complete the required Federal agency reviews within the timeframe established; and (B) establish the schedule for the qualifying project. (2) Consultation with cooperating agencies Consult with the cooperating agencies throughout the Federal agency review process, identify and obtain relevant data in a timely manner, and set necessary deadlines for cooperating agencies. (3) Schedule Work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, the Bureau shall consider, among other factors— (A) the responsibilities of cooperating agencies under applicable laws and regulations; (B) the resources available to the cooperating agencies and the non-Federal qualifying project sponsor, as applicable; (C) the overall size and complexity of the qualifying project; (D) the overall schedule for and cost of the qualifying project; and (E) the sensitivity of the natural and historic resources that may be affected by the qualifying project. (4) Environmental compliance Prepare a unified environmental review document for each qualifying project application, incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions. Help ensure that cooperating agencies make necessary decisions, within their respective authorities, regarding Federal approvals in accordance with the following timelines: (A) Not later than one year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Not later than one year and 30 days after the close of the public comment period for a draft environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (5) Consolidated administrative record Maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions. (6) Project data records To the extent practicable and consistent with Federal law, ensure that all project data is submitted and maintained in generally accessible electronic format, compile, and where authorized under existing law, make available such project data to cooperating agencies, the qualifying project applicant, and to the public. (7) Project manager Appoint a project manager for each qualifying project. The project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents, and shall be responsible for ensuring fulfillment of all Bureau responsibilities set forth in this section and all cooperating agency responsibilities under section 5. 5. Cooperating agency responsibilities (a) Adherence to Bureau Schedule Upon notification of an application for a qualifying project, all cooperating agencies shall submit to the Bureau a timeframe under which the cooperating agency reasonably considers it will be able to complete its authorizing responsibilities. The Bureau shall use the timeframe submitted under this subsection to establish the project schedule under section 4, and the cooperating agencies shall adhere to the project schedule established by the Bureau. (b) Environmental Record Cooperating agencies shall submit to the Bureau all environmental review material produced or compiled in the course of carrying out activities required under Federal law consistent with the project schedule established by the Bureau. (c) Data Submission To the extent practicable and consistent with Federal law, the cooperating agencies shall submit all relevant project data to the Bureau in a generally accessible electronic format subject to the project schedule set forth by the Bureau. 6. Funding to process permits (a) In general The Secretary, after public notice in accordance with the Administrative Procedures Act (5 U.S.C. 553), may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project or activity for a public purpose under the jurisdiction of the Department of the Interior. (b) Effect on permitting (1) In general In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. (2) Evaluation of permits In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall— (A) be reviewed by the Regional Director of the Bureau of Reclamation, or the Regional Director’s designee, of the region in which the qualifying project or activity is located; and (B) use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (3) Impartial decisionmaking In carrying out this section, the Secretary and the cooperating agencies receiving funds under this section for qualifying projects shall ensure that the use of the funds accepted under this section for such projects shall not— (A) impact impartial decisionmaking with respect to the issuance of permits, either substantively or procedurally; or (B) diminish, modify, or otherwise affect the statutory or regulatory authorities of such agencies. (c) Limitation on use of funds None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). (d) Public availability The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet.
Water Supply Permitting Coordination Act
Transparency in Cost of Veterans Care Act of 2014 - Requires the estimate included in the prospectus accompanying a request to Congress by the President or the Secretary of Veterans Affairs (VA) for funding for a major medical facility project or lease to identify the additional costs of providing hospital care or medical services resulting from the temporary displacement of clinical space required for the project, including the costs of: (1) contracting with a non-VA facility to furnish hospital care or medical services, (2) beneficiary travel, and (3) the lease or purchase of a temporary or mobile medical facility.
To amend title 38, United States Code, to ensure that the Department of Veterans Affairs provides temporary care in the most cost effective manner when patients are relocated during medical facility construction and renovation projects, and for other purposes. 1. Short title This Act may be cited as the Transparency in Cost of Veterans Care Act of 2014 2. Improved accounting of major medical facility construction projects (a) In general Section 8104(b) (1) in paragraph (1), by adding at the end the following new subparagraph: (F) Additional costs of providing hospital care or medical services resulting from temporary displacement of clinical space required by such construction, alteration, lease, or acquisition. ; and (2) by adding at the end the following new paragraph: (7) In the case of a project that results in temporary displacement of clinical space, an analysis of any additional costs of providing hospital care or medical services resulting from such displacement, including additional costs associated with— (A) contracting with a non-Department facility in order to furnish hospital care or medical services; (B) beneficiary travel; and (C) the lease or purchase of a temporary or mobile medical facility. . (b) Effective date The amendments made by subsection (a) shall apply with respect to requests for funding of major medical facility projects and major medical facility leases submitted to Congress pursuant to section 8104(b) of such title on or after the date of the enactment of this Act.
Transparency in Cost of Veterans Care Act of 2014
Employer Participation in Refinancing Act - Amends the Internal Revenue Code to allow an exclusion from gross income for the payment of an employer, either to an employee or a lender, of any indebtedness of an employee under a qualified education refinance loan or any interest relating to such a loan.  Defines "qualified education refinance loan" as any indebtedness used solely to refinance a qualified education loan with respect to which the lender offers the borrower protection in the event of unemployment or financial hardship.
To amend the Internal Revenue Code of 1986 to extend the exclusion for employer-provided educational assistance to employer payment of interest on certain refinanced student loans. 1. Short title This Act may be cited as the Employer Participation in Refinancing Act 2. Exclusion for employer payment of interest on certain refinanced student loans (a) In general Paragraph (1) of section 127(c) and (B) the payment by an employer, whether paid to the employee or to a lender, of any indebtedness of the employee under a qualified education refinance loan or any interest relating to such a loan, and . (b) Qualified education refinance loan Subsection (c) of section 127 (8) Qualified education refinance loan The term qualified education refinance loan . (c) Conforming amendment; denial of double benefit Paragraph (1) of section 221(e) , or for which an exclusion is allowable under section 127 to the taxpayer's employer by reason of the payment by such employer of any indebtedness on a qualified education loan of the taxpayer (d) Effective date The amendments made by this section shall apply to expenses paid after December 31, 2014.
Employer Participation in Refinancing Act
Special Inspector General for Monitoring the ACA Act of 2014 or the SIGMA Act of 2014 - Establishes the Office of the Special Inspector General for Monitoring the Affordable Care Act to conduct, supervise, and coordinate audits and investigations of the implementation and administration of programs and activities established under, and payment system changes made by, the Affordable Care Act (the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010). Requires the Special Inspector General to be appointed by the President, with the advice and consent of the Senate. Requires the Special Inspector General to appoint an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations. Places the Special Inspector General under the supervision of the Secretary of Health and Human Services (HHS), but prohibits federal agencies involved in implementing or administering the Affordable Care Act from preventing or prohibiting the Special Inspector General from initiating, carrying out, or completing any audit or investigation.
To establish the Office of the Special Inspector General for Monitoring the Affordable Care Act, and for other purposes. 1. Short title This Act may be cited as the Special Inspector General for Monitoring the ACA Act of 2014 SIGMA Act of 2014 2. Special Inspector General for Monitoring the Affordable Care Act (a) Office of Special Inspector General There is hereby established the Office of the Special Inspector General for Monitoring the Affordable Care Act (in this section, referred to as the Office (b) Appointment of Inspector General; removal (1) Appointment The head of the Office is the Special Inspector General for Monitoring the Affordable Care Act (in this section referred to as the Special Inspector General (2) Qualifications The appointment of the Special Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, healthcare expertise and financing, public administration, or investigations. (3) Deadline for appointment The appointment of an individual as the Special Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) Compensation The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Prohibition on political activities For purposes of section 7324 (6) Removal The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) (c) Assistant Inspectors General The Special Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to the duties described under subsection (e); and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such duties. (d) Supervision (1) In general Except as provided under paragraph (2), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of Health and Human Services. (2) Independence to conduct investigations and audits No employee or officer of any of the following entities shall prevent or prohibit the Special Inspector General from initiating, carrying out, or completing any audit or investigation related to the duties described under subsection (e) or from issuing any subpoena during the course of any such audit or investigation: (A) The Executive Office of the President and the Office of Personnel Management. (B) The Department of Health and Human Services. (C) The Department of the Treasury. (D) The Social Security Administration, the Department of Homeland Security, the Department of Veterans Affairs, the Department of Defense, the Department of Labor, and the Peace Corps. (E) Any other Federal agency involved in implementing or administering the Affordable Care Act. (e) Duties (1) Oversight of the implementation and administration of the affordable care act It shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the implementation and administration of programs and activities established under, and payment system changes made by, the Affordable Care Act, including by collecting and summarizing the following: (A) A description of the individual mandate requirement for applicable individuals to maintain minimum essential coverage or pay a penalty under section 5000A of the Internal Revenue Code of 1986, including a description of the number of individuals maintaining such coverage and the number of individuals paying such penalties. (B) A description of any increases or decreases in— (i) premiums for qualified health plans (as defined in section 1301 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 (ii) deductibles under qualified health plans; and (iii) cost-sharing under qualified health plans, including by co-payments and co-insurance, affecting individuals enrolling in coverage under such plans through an Exchange established under title I of the Patient Protection and Affordable Care Act (including a State-run Exchange, a federally administered Exchange, and a Small Business Health Options Program). (C) A description of any increases or decreases in the maximum out-of-pocket costs affecting individuals enrolling in qualified health plans through such a State-run Exchange, a federally administered Exchange, and a Small Business Health Options Program. (D) A description of any increases or decreases in the size of physician and other health care provider networks affecting individuals enrolling in qualified health plans through such a State-run Exchange, a federally administered Exchange, and a Small Business Health Options Program. (E) A description of any type of health insurance coverage lost because of the treatment under title I of the Patient Protection and Affordable Care Act of grandfathered health plans (as defined in section 1251(e) of such Act ( 42 U.S.C. 18011(e) (F) A description of any credits under section 36B 42 U.S.C. 18082 42 U.S.C. 18071 (G) A description of any projections, estimates, analysis, goals, or targets made by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act with respect to the enrollment of individuals in a qualified health plan through an Exchange established under title I of the Patient Protection and Affordable Care Act. (H) A description of the employer mandate requirement that applicable large employers provide eligible employees with minimum essential coverage or pay a fine under section 4980H of the Internal Revenue Code of 1986, including a description of the type and number of employers providing such coverage and the type and number of employers paying such fines. (I) A description of any projections, estimates, analysis, goals, or targets made by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act with respect to employers providing minimum essential coverage to applicable employees. (J) A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers converting full-time employees to part-time employees or hiring new part-time employees instead of full-time employees for the purposes of avoiding the fines provided for under the employer mandate requirement described in subparagraph (H). (K) A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers hiring no more than 50 employees for the purposes of avoiding the requirement to provide minimum essential coverage or pay a fine under the employer mandate requirement described in subparagraph (H). (L) A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers dropping the health insurance coverage offered to their employees, or employees’ spouses or dependents, for the purposes of avoiding the requirement to provide minimum essential coverage or pay a fine under the employer mandate requirement described in subparagraph (H). (M) A description of the transitional reinsurance program established under section 1341 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061 (N) A description of the temporary risk corridors for qualified health plans established under section 1342 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062 (O) A description of the permanent risk adjustment program established under section 1343 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18063 (P) A list of all contracts awarded under the Affordable Care Act and an analysis of whether Federal contracting procedures were followed when awarding any contract associated with such Act. (Q) A description of the development of the health insurance marketplace for the Internet portal established under section 1103 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18003 (R) A description of any threats, risks, problems, or functionality issues identified by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act prior to the launch of such web portal on October 1, 2013. (S) A description of any decisionmaking or activities by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act in response to such threats, risks, problems, or functionality issues. (T) A description of the systems (on the Federal and State levels) in place or in development to allow health insurance issuers and plans and government entities to verify information is accurate for purposes of enrollments in qualified health plans through Exchanges established under title I of the Patient Protection and Affordable Care Act, including that data verification and validation can occur with respect to information provided or stored by individuals, the Department of Health and Human Services, the qualified health plans, States, and other applicable Federal agencies, including for purposes of credits under section 36B 42 U.S.C. 18071 42 U.S.C. 18082 (U) A description of the development of the Federal Data Services Hub, including its design, features, and security systems, and a description of the type of data accessed through such data hub, and a description of the actual storage location of such data accessed through such data hub. (V) A list of the duties and responsibilities assigned to the Internal Revenue Service as a result of the enactment of the Affordable Care Act, a description of any plans of the Internal Revenue Service for how to carry out such duties, and an explanation of the resources and personnel required to carry out such duties, including a description of any new resources or personnel required to carry out such duties not already available to the Internal Revenue Service. (W) A description of any plans of the Internal Revenue Service to verify the eligibility of individuals enrolling in qualified health plans for any credits under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 42 U.S.C. 18082 (X) A description of any plans by the Internal Revenue Service to calculate the amount of overpayment of any such credit or reduction for which an individual enrolled in a qualified health plan was determined to be ineligible, including a description of any such calculations completed. (Y) A description of any plans by the Internal Revenue Service to notify individuals determined to be ineligible for such credits or reductions, including a description of such notifications completed. (Z) A description of any plans by the Internal Revenue Service to recapture such overpayments of such credits and reductions for individuals determined to be ineligible, including a description of such recapturing completed. (AA) A description of the impact of the Affordable Care Act on the right of conscience, including on— (i) religious employers and institutions that were not exempted from the mandate issued by the Department of Health and Human Services requiring individual and group health plans to cover sterilization and Food and Drug Administration approved contraceptives; (ii) individuals; and (iii) medical professionals. (BB) A description of abortion coverage offered under qualified health plans purchased through State-run Exchanges, federally administered Exchanges, and Small Business Health Options Programs, including costs associated with such coverage. (CC) A description of any actions by departments or agencies of the Federal Government to delay the programs or activities authorized by the Affordable Care Act, including an explanation from the head of such department or agency of the specific authority used to implement such a delay. (DD) A description of the Independent Payment Advisory Board under section 1899A of the Social Security Act ( 42 U.S.C. 1395kkk (EE) A description of individuals enrolled in the Medicaid program under title XIX of the Social Security Act through an Exchange established under title I of the Patient Protection and Affordable Care Act, including a description of the cost of health care services utilized by such individuals and a description of the cost to States and the cost to the Federal Government to provide health care services to such individuals. (FF) Any additional topic related to the implementation and administration of the Affordable Care Act, the inclusion of which helps to provide the public a full and objective accounting of such law. (2) Data to be included In carrying out the duties described under paragraph (1), the Special Inspector General shall collect and summarize data described under such paragraph according to each type of insurance marketplace and according to the age and gender of individuals enrolling in coverage under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (3) Other duties related to oversight The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duties described under paragraph (1). (4) Duties and responsibilities under the Inspector General Act of 1978 In addition to the duties described under paragraphs (1) and (2), the Special Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.). (f) Coordination of efforts In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall coordinate with, and receive the cooperation of each of the following: (1) The Inspector General of the Department of Health and Human Services. (2) The Inspector General of the Department of the Treasury. (3) The Inspectors General of the Social Security Administration, the Department of Homeland Security, the Department of Veterans Affairs, the Department of Defense, the Department of Labor, and the Peace Corps. (4) The inspector general of any other Federal entity, as determined by the Special Inspector General. (g) Powers and authorities (1) Authority to access materials, request information, compel response, and other authorities under the Inspector General Act of 1978 In carrying out the duties described under subsection (e), the Special Inspector General shall have all of the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (2) Exemption from requirement for initial determination by Attorney General For purposes of section 6(e) (3) Audit standards The Special Inspector General shall carry out the duties specified under subsection (e)(1) in accordance with section 4(b)(1) (h) Personnel, facilities, and other resources (1) Personnel The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (2) Employment of experts and consultants The Special Inspector General may obtain services as authorized by section 3109 (3) Contracting authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4) Resources The Secretary of Health and Human Services shall provide the Special Inspector General with appropriate and adequate office space at appropriate locations of the Department of Health and Human Services together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. (5) Assistance from Federal agencies (A) In general Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government (including any entity listed under subsection (d)(2)), the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. (B) Reporting of refused assistance (i) Reporting to Health and Human Services and Congress In accordance with clause (ii), as the case may be, whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of Health and Human Services and to the appropriate congressional committees without delay. (ii) Reporting to the public on refusal or noncooperation in transparency Whenever any information described in clause (i) is requested by the Special Inspector General and unreasonably refused or not provided, the report to the Secretary of Health and Human Services and the appropriate congressional committees shall be titled Notice of Refusal or Noncooperation in Transparency (6) Use of personnel, facilities, and other resources of the Office Upon the request of the Special Inspector General, an Inspector General— (A) may detail, on a reimbursable basis, any of the personnel of the Office for the purpose of carrying out this section; and (B) may provide, on a reimbursable basis, any of the facilities or other resources of the Office for the purpose of carrying out this section. (i) Reports (1) Initial report Not later than 120 days after the date of the enactment of this Act, the Special Inspector General shall submit to the appropriate congressional committees and the Secretary of Health and Human Services a report summarizing, for the period beginning on the date of the enactment of the Health Care and Education Reconciliation Act of 2010 and ending on the completion of a fiscal year quarter after the date of enactment of this Act, the activities during such period of the Special Inspector General required under subsection (e). (2) Quarterly reports Beginning with the first full fiscal year quarter after the date of the enactment of this Act, not later than 30 days after the end of each fiscal year quarter, during which the Affordable Care Act is in effect, the Special Inspector General shall submit to the appropriate congressional committees and the Secretary of Health and Human Services a report summarizing, for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the Special Inspector General required under subsection (e). (3) Comments on report Not later than 30 days after receipt of a report under this subsection, the Secretary of Health and Human Services shall submit to the appropriate congressional committees any comments on the matters covered by the report. (4) Public availability The Special Inspector General shall publish on a publicly available website each report described under this subsection and any comments on the matters covered by the report submitted pursuant to paragraph (3). (5) Protected information To the extent possible, information submitted in any report required under this subsection shall be in a form that is not prohibited from disclosure under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974). (6) Aggregated information The Special Inspector General shall, to the maximum extent possible, aggregate any personally identifiable information submitted in a report required under this subsection. (j) Termination The Office of the Special Inspector General shall terminate on the date on which the final report required by subsection (h) is submitted for the last year the Affordable Care Act is in effect. (k) Definitions In this section: (1) Affordable Care Act The term Affordable Care Act (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committees on Appropriations, the Budget, Education and the Workforce, Energy and Commerce, Homeland Security, the Judiciary, Oversight and Government Reform, Small Business, and Ways and Means of the House of Representatives; and (B) the Committees on Appropriations, the Budget, Commerce, Science, and Transportation, Finance, Health, Education, Labor, and Pensions, Homeland Security and Governmental Affairs, the Judiciary, and Small Business and Entrepreneurship of the Senate.
SIGMA Act of 2014
West Hunter Street Baptist Church Study Act - Directs the Secretary of the Interior to conduct a special resource study of the historic West Hunter Street Baptist Church located at 775 Martin Luther King Jr. Drive, S.W., Atlanta, Georgia, to evaluate the national significance of the Church and to determine the suitability and feasibility of designating such area as a unit of the National Park System.
To direct the Secretary of the Interior to conduct a special resource study of the West Hunter Street Baptist Church in Atlanta, Georgia, and for other purposes. 1. Short title This Act may be cited as the West Hunter Street Baptist Church Study Act 2. Special resource study (a) Study The Secretary of the Interior shall conduct a special resource study of the historic West Hunter Street Baptist Church, located at 775 Martin Luther King Jr. Drive, SW., Atlanta, Georgia. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the site; (2) determine the suitability and feasibility of designating the area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable Law The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91–383 ( 16 U.S.C. 1a–5 National Park Service General Authorities Act (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study and any conclusions and recommendations of the Secretary.
West Hunter Street Baptist Church Study Act
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 (FFELs) 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, based on: (1) the DL's categorization; and (2) in the case of Stafford Loans, whether the loan was issued to an undergraduate or graduate student. Determines a refinanced Consolidation Loan's interest rate by: (1) weighing the proportion of the unpaid balance of the Consolidation Loan that each component loan represents, (2) setting the interest rate on each component loan at the lesser of the rate on the component loan for the 12 months beginning on July 1, 2013, or its original rate, and (3) applying the weighted average of the interest rates on those loans as the interest rate on the Consolidation Loan. Fixes the interest rate on the refinanced loans for the period of such loans. Directs the Secretary to establish eligibility requirements that are based on a borrower's income or debt-to-income ratio and that take into consideration providing access to refinancing for borrowers who have the greatest financial need. 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 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 that: (1) are based on a borrower's income or debt-to-income ratio and take into consideration providing access to refinancing for borrowers who have the greatest financial need, (2) ensure eligibility only for borrowers in good standing, (3) minimize inequities between Federal Direct Refinanced Private Loans and other federal student loans, and (4) preclude windfall profits for private educational lenders. Requires qualified borrowers of such loans to undergo loan counseling before their private education loan is refinanced. Requires private educational lenders to report specified loan information to the Secretary, Congress, the Secretary of the Treasury, and the Director of the Consumer Financial Protection Bureau (CFPB) in order to allow for an assessment of the private education loan market. Directs the Secretary to undertake a campaign to alert borrowers that they may be eligible for refinancing under this Act. 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 on the earlier of the date: (1) 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, or (2) that is two years after this Act's enactment.
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 I Refinancing Programs 101. 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) Refinancing Direct Loans (1) Federal Direct Loans Upon application of a qualified borrower, the Secretary shall repay 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, with the proceeds of a refinanced Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan, respectively, issued to the borrower in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan. (2) Refinancing 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 make 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 to the borrower in accordance with the following: (A) The Secretary shall pay the proceeds of such 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) A loan made under this section that was originally— (i) a loan originally made, insured, or guaranteed under section 428 shall be a Federal Direct Stafford Loan; (ii) a loan originally made, insured, or guaranteed under section 428B shall be a Federal Direct PLUS Loan; (iii) a loan originally made, insured, or guaranteed under section 428H shall be a Federal Direct Unsubsidized Stafford Loan; and (iv) a loan originally made, insured, or guaranteed under section 428C shall be a Federal Direct Consolidation Loan. (C) The interest rate for each loan made by the Secretary under this paragraph shall be the rate provided under subsection (c). (c) Interest rates (1) In general The interest rate for the refinanced 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 calculated in accordance with paragraph (2). (2) Interest Rates for Consolidation Loans (A) Method of calculation In order to determine the interest rate for any refinanced Federal Direct Consolidation Loan under paragraph (1)(D), the Secretary shall— (i) determine each of the component loans that were originally consolidated in the loan under section 428C or the Federal Direct Consolidation Loan, and calculate the proportion of the unpaid principal balance of the loan under section 428C or the Federal Direct Consolidation Loan that each component loan represents; (ii) use the proportions determined in accordance with clause (i) and the interest rate applicable for each component loan, as determined under subparagraph (B), to calculate the weighted average of the interest rates on the loans consolidated into the loan under section 428C or the Federal Direct Consolidation Loan; and (iii) apply the weighted average calculated under clause (ii) as the interest rate for the refinanced Federal Direct Consolidation Loan. (B) Interest rates for component loans The interest rates for the component loans of a loan made under section 428C or a Federal Direct Consolidation Loan shall be the following: (i) The interest rate for any loan under section 428 or 428H, Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan issued to an undergraduate student shall be a rate equal to the lesser of— (I) 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; or (II) the original interest rate of the component loan. (ii) The interest rate for any loan under section 428 or 428H, Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan issued to a graduate or professional student shall be a rate equal to the lesser of— (I) 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; or (II) the original interest rate of the component loan. (iii) The interest rate for any loan under section 428B or Federal Direct PLUS Loan shall be a rate equal to the lesser of— (I) the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; or (II) the original interest rate of the component loan. (iv) The interest rate for any component loan that is a loan under section 428C or a Federal Direct Consolidation Loan shall be the weighted average of the interest rates that would apply under this subparagraph for each loan comprising the component consolidation loan. (v) The interest rate for any eligible loan that is a component of a loan made under section 428C or a Federal Direct Consolidation Loan and is not described in clauses (i) through (iv) shall be the interest rate on the original component loan. (3) Fixed Rate The applicable rate of interest determined under paragraph (1) for a refinanced 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 refinanced 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 Refinancing 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). (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) Notification to borrowers The Secretary, in coordination with the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of loans that are eligible for refinancing under this section that the borrowers are eligible to apply for such refinancing. The campaign shall include the following activities: (1) Developing consumer information materials about the availability of Federal student loan refinancing. (2) Requiring servicers of loans under this part or part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. 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 (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 described in subsection (b)(2). (b) Program authorized (1) In general The Secretary, in consultation with the Secretary of 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. (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 refinanced 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) Borrower eligibility Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (A) based on income or debt-to-income ratio that take into consideration providing access to refinancing under this section for borrowers with the greatest financial need; (B) to ensure eligibility only for borrowers in good standing; (C) to minimize inequities between Federal Direct Refinanced Private Loans and other Federal student loans; (D) to preclude windfall profits for private educational lenders; and (E) to ensure full access to the program authorized in this subsection for borrowers with private loans who otherwise meet the criteria established in accordance with subparagraphs (A) and (B). (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 education 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) Private educational lender reporting requirement (1) Reporting required Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act (2) Contents of reporting The data that private educational lenders shall report in accordance with paragraph (1) shall include each of the following about private education loans (as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)): (A) The total amount of private education loan debt the lender holds. (B) The total number of private education loan borrowers the lender serves. (C) The average interest rate on the outstanding private education loan debt held by the lender. (D) The proportion of private education loan borrowers who are in default on a loan held by the lender. (E) The proportion of the outstanding private education loan volume held by the lender that is in default. (F) The proportions of outstanding private education loan borrowers who are 30, 60, and 90 days delinquent. (G) The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent. (g) Notification to borrowers The Secretary, in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers about the availability of private student loan refinancing under this section. . (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; and (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 refinanced 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 refinanced under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was refinanced 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 refinanced 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 refinanced 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 refinanced 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. . II Fair share tax 201. Amendment of 1986 Code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 202. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 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 amendments (1) Section 26(b)(2) is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) section 59B (relating to fair share tax), . (2) The last sentence of section 901(a) is amended to read as follows: The credit shall not be allowed against any tax treated as a tax not imposed by this chapter under section 26(b) (other than the tax imposed by section 59B). (c) Clerical amendment The table of parts for subchapter A of chapter 1 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. III Deficit Neutral Implementation of Student Loan Refinancing Programs 301. Deficit Neutral Implementation of Student Loan Refinancing Programs; Budgetary Effects (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 this Act attributable to the amendments made by title II of this 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) or on the date that is 2 years after the date of enactment of this Act, whichever occurs first. (c) Deficit Reduction Any remaining increase in revenue described in subsection (a) and not used for the refinancing programs carried out under sections 460A and 460B of the Higher Education Act of 1965 shall be returned to the general fund of the Treasury for Federal budget deficit reduction. (d) Methodology When estimating cost and revenue under this section, the Secretary of Education 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. 302. Budgetary Effects (a) PAYGO Scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay- As-You-Go Act of 2010 ( 2 U.S.C. 933(d) (b) Senate PAYGO Scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). June 5, 2014 Read the second time and placed on the calendar
Bank on Students Emergency Loan Refinancing Act
Ukrainian Independence from Russian Energy Act - Directs the Administrator of the U.S. Agency for International Development (USAID) to: (1) prioritize direct assistance to Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation; and (2) make loan, lease, and bond guarantees to financial institutions and other eligible borrowers to facilitate their involvement in such efforts. Directs the Secretary of State to coordinate the activities of U.S. agencies related to the energy sector of Ukraine and prioritize support and technical assistance to increase responsible production in and transparency of Ukraine's natural gas sector. Requires the Director of the Trade and Development Agency to promote U.S. private sector efforts to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine. Directs the Overseas Private Investment Corporation (OPIC) to: (1) prioritize support for investments to increase energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine; and (2) implement expedited application review and approval procedures for loans, loan guarantees, and insurance for such investments. Directs the U.S. Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to encourage those organizations and other international financial institutions to invest in and promote projects to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine. Directs the Secretary to brief Congress on: (1) the economic and political viability of transporting natural gas supplies into Ukraine from countries other than the Russian Federation through the reversal of existing pipeline flows or through new or expanded pipelines, and (2) the potential to reduce natural gas consumption in Ukraine through efficiency measures or through the use of alternative energy sources.
To provide assistance to Ukraine to reduce the dependence of Ukraine on imports of natural gas from the Russian Federation, and for other purposes. 1. Short title This Act may be cited as the Ukrainian Independence from Russian Energy Act 2. Findings Congress makes the following findings: (1) Ukraine is dependent on natural gas supplies from the Russian Federation to meet more than half of demand in Ukraine. (2) Entities owned by the Government of the Russian Federation have manipulated natural gas supplies and prices in Ukraine in order to gain geopolitical leverage over Ukraine and neighboring countries of Ukraine. (3) Energy subsidies provided by the Government of Ukraine amount to roughly 8 percent of the gross domestic product of Ukraine and make energy markets opaque, inefficient, and susceptible to corruption. (4) Ukraine is the second-least energy efficient country in the world. (5) The International Energy Agency has estimated that if the economy of Ukraine were as energy efficient as the average country in Europe, Ukraine would reduce natural gas consumption by greater than 50 percent. (6) The level of savings from the reduction described in paragraph (6) could nearly eliminate the dependence of Ukraine on imports of natural gas from the Russian Federation. (7) The World Bank Group has estimated that Ukraine could reduce the amount of natural gas used for heating by 50 percent through efficiency measures. (8) On April 25, 2014, a coalition of 35 cities in Ukraine sent a letter urgently requesting assistance in increasing the energy efficiency of their buildings, district heating systems, and transportation networks in order to reduce dependence on imports of natural gas from the Russian Federation. (9) A $17,000,000,000 loan package from the International Monetary Fund to help stabilize the economy of Ukraine requires reforms of energy markets in Ukraine and includes provisions to gradually eliminate energy subsidies, which will raise retail natural gas rates by 56 percent in 2014, 40 percent in 2015, and 20 percent in 2016 and 2017. (10) Absent large reductions in energy consumption, the rate increases mandated by the International Monetary Fund loan package from the International Monetary Fund could have devastating impacts on low-income households in Ukraine. (11) Ukraine is estimated to have significant conventional and unconventional oil and gas reserves, which are mostly untapped. (12) The International Energy Agency has estimated that Ukraine possesses natural gas reserves of approximately 5,400,000,000,000 cubic meters, although the annexation of Crimea by the Russian Federation may impact Ukraine’s recoverable oil and gas reserves. (13) Exports of liquefied natural gas from the United States to Ukraine would not provide assistance for Ukraine in the short term and would be unlikely to reach Ukraine in the long term because— (A) of natural gas global market dynamics; (B) there are no liquefied natural gas import facilities in Ukraine; and (C) the Government of Turkey has indicated it would block shipments of liquefied natural gas through the Bosphorus Strait because of safety concerns. 3. Policy on supporting energy independence of Ukraine It is the policy of the United States to use all resources of the United States Government— (1) to coordinate with multi-donor efforts to reform energy subsidies provided by the Government of Ukraine and energy markets in Ukraine; (2) to encourage private sector investment in the energy sector of Ukraine; (3) to protect low-income households in Ukraine from dramatic increases in energy rates; (4) to increase transparency and reduce corruption in the energy sector of Ukraine; (5) to improve energy efficiency, increase domestic energy supplies, and develop alternative sources of energy in Ukraine in order to reduce the reliance of Ukraine on energy from the Russian Federation; and (6) to increase the capacity of agencies of the Government of Ukraine, nongovernmental organizations, and private entities to administer and manage energy efficiency and energy security-related projects in Ukraine. 4. Assistance from the united states agency for international development (a) In general The Administrator of the United States Agency for International Development shall, in fiscal years 2015 through 2017— (1) prioritize, to the extent feasible, the provision of direct assistance to Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation through measures described in subsection (b); and (2) through the Development Credit Authority, make loan, lease, and bond guarantees to appropriate financial institutions and other eligible borrowers to facilitate the involvement of such institutions and other borrowers in financing and expanding efforts in Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation through measures described in subsection (b). (b) Measures described The measures described in this subsection include— (1) replacing inefficient boilers; (2) upgrading district heating systems; (3) improving metering and measurement systems for natural gas use and heating; (4) upgrading natural gas and heat distribution systems, including pipes that leak or are poorly insulated; (5) improving the efficiency of buildings; (6) reducing losses in natural gas transmission systems; (7) improving the efficiency of compressor stations; (8) improving efficiency in the industrial sector; (9) legal and regulatory support focused on natural gas and electricity market rules, regulations, and transparency, developed in accordance with the terms of the stand-by arrangement between the International Monetary Fund and Ukraine, approved in April 2014; (10) support for structuring of gas and electricity markets with cost-reflective pricing, developed in accordance with the terms of the stand-by arrangement; (11) encouraging greater natural gas and electricity interconnections between Ukraine and neighboring countries; (12) developing renewable sources of energy; and (13) developing energy transmission, refining, and storage facilities. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator of the United States Agency for International Development $10,000,000 for each of fiscal years 2015 through 2017 to carry out this section. 5. Assistance from the Department of State (a) In general The Secretary of State shall, in fiscal years 2015 through 2017, coordinate the activities of United States agencies related to the energy sector of Ukraine and prioritize, to the extent feasible, support and technical assistance to increase responsible production in and transparency of the natural gas sector in Ukraine through measures that include— (1) resource and technology assessments; (2) evaluation of production capabilities; (3) economic assessments of potential resources; and (4) dissemination of international best practices and provision of legal and regulatory information and guidance to help establish energy policies that— (A) protect public health and safety; (B) protect the environment; (C) effectively manage royalties and revenue; and (D) increase transparency and reduce corruption. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $2,500,000 for each of fiscal years 2015 through 2017 to carry out this section. 6. Promotion of United States private sector participation in energy efficiency and energy development in Ukraine (a) In general The Director of the Trade and Development Agency shall promote United States private sector efforts to help improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine by— (1) conducting and funding project preparation activities, feasibility studies, technical assistance, pilot projects, reverse trade missions, conferences, and workshops; and (2) providing any other assistance that the Director considers appropriate to promote such efforts. (b) Authorization of appropriations There is authorized to be appropriated to the Director of the Trade and Development Agency $1,000,000 for each of fiscal years 2015 through 2017 to carry out this section. 7. Support from the Overseas Private Investment Corporation The Overseas Private Investment Corporation shall— (1) prioritize support for investments to help increase energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine; and (2) implement procedures for expedited review of and, as appropriate, approval of, applications by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2198 8. Support from the Export-Import Bank of the United States The Board of Directors of the Export-Import Bank of the United States shall take prompt measures, consistent with the credit standards otherwise required by law, to promote the expansion of the financial commitments of the Bank under the loan, guarantee, and insurance programs and special financing programs of the Bank for projects to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine. 9. Prioritization of energy efficiency and domestic energy projects in Ukraine by the World Bank Group and the European Bank for Reconstruction and Development The President shall direct the United States Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to encourage the World Bank Group and the European Bank for Reconstruction and Development and other international financial institutions to invest in, and increase their efforts to promote investment in, projects to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine, and to stimulate private investment in such projects. 10. Effectiveness measurement In providing loan guarantees, assistance, and support pursuant to this Act and in prioritizing the projects described in this Act, the President and the heads and other appropriate officials of the United States Agency for International Development, the Trade and Development Agency, the Overseas Private Investment Corporation, and the Export-Import Bank of the United States shall ensure that the effectiveness of such guarantees, assistance, support, and projects is measured through the use of clear, accountable, and metric-based targets aimed at achieving enhanced energy security for Ukraine. 11. Briefing on alternative pipeline access and supplies for Ukraine Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on— (1) the economic and political viability of transporting natural gas supplies into Ukraine from countries other than the Russian Federation through the reversal of existing pipeline flows or through new or expanded pipelines; and (2) the potential to reduce natural gas consumption in Ukraine through efficiency measures or through the use of alternative sources of energy.
Ukrainian Independence from Russian Energy Act
Family Coverage Act - Expresses the sense of Congress that the Secretaries of Health and Human Services (HHS) and the Treasury have the administrative authority, within their respective jurisdictions, to apply the affordability provision of the Patient Protection and Affordable Care Act so as to expand access to affordable health insurance coverage for working families without further legislation. Amends the Internal Revenue Code to modify the affordability requirement for the tax credit for health care premium assistance to provide that an employee is eligible for premium assistance if his or her required contribution to an employer-sponsored health care plan does not exceed 9.5% of family household income.
To amend the Internal Revenue Code of 1986 to ensure that working families have access to affordable health insurance coverage. 1. Short title This Act may be cited as the Family Coverage Act 2. Sense of Congress Notwithstanding the amendments made by section 3, it is the sense of Congress that the Secretary of Health and Human Services and the Secretary of the Treasury, within their respective jurisdictions, have the administrative authority necessary to apply the affordability provision in section 36B of the Internal Revenue Code of 1986 in such a manner as to expand access to affordable health insurance coverage for working families without further legislation. 3. Clarification regarding determination of affordability of employer-sponsored minimum essential coverage (a) In general Clause (i) of section 36B(c)(2)(C) (i) Coverage must be affordable (I) In general Except as provided in clause (iii), an individual shall not be treated as eligible for minimum essential coverage if such coverage consists of an eligible employer-sponsored plan (as defined in section 5000A(f)(2)) and the required contribution with respect to the plan exceeds 9.5 percent of the applicable taxpayer's household income. (II) Required contribution with respect to employee In the case of the employee eligible to enroll in the plan, the required contribution for purposes of subclause (I) is the employee's required contribution (within the meaning of section 5000A(e)(1)(B)(i)) with respect to the plan. (III) Required contribution with respect to family members In the case of an individual who is eligible to enroll in the plan by reason of a relationship the individual bears to the employee, the required contribution for purposes of subclause (I) is the employee's required contribution (within the meaning of section 5000A(e)(1)(B)(i), determined by substituting family self-only . (b) Conforming amendments (1) Clause (ii) of section 36B(c)(2)(C) This clause shall also apply to an individual who is eligible to enroll in the plan by reason of a relationship the individual bears to the employee. (2) Clause (iii) of section 36B(c)(2)(C) of such Code is amended by striking the last sentence of clause (i) clause (i)(III) (3) Clause (iv) of section 36B(c)(2)(C) of such Code is amended by striking clause (i)(II) clause (i)(I) (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
Family Coverage Act
Federal Firefighter Flexibility and Fairness Act - Requires disregard of any hours worked by a firefighter under a qualified trade-of-time arrangement for purposes of any determination relating to federal eligibility for or the amount of any overtime pay.
To amend section 5542 1. Short title This Act may be cited as the Federal Firefighter Flexibility and Fairness Act 2. Treatment of hours worked under a qualified trade-of-time arrangement Section 5542 of title 5, United States Code, is amended by adding at the end the following: (g) (1) Notwithstanding any other provision of this section, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section. (2) For purposes of this subsection— (A) the term qualified trade-of-time arrangement (B) the term firefighter (i) a firefighter, as defined in section 8331(21); and (ii) a firefighter, as defined in section 8401(14). .
Federal Firefighter Flexibility and Fairness Act
Empower Employees Act of 2014 - Prohibits federal agencies, including executive, legislative, and judicial agencies, the United States Postal Service (USPO), the Postal Regulatory Commission (PRC), and the government of the District of Columbia, from deducting labor organization fees from the salaries of their employees.
To amend title 5, United States Code, to provide that agencies may not deduct labor organization dues from the pay of Federal employees, and for other purposes. 1. Short title This Act may be cited as the Empower Employees Act of 2014 2. Labor organization dues not deductible from pay (a) Agencies generally (1) In general Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following: 7115. Labor organization dues not deductible from pay (a) In general An agency may not deduct any amount from the pay of an employee for the dues of a labor organization. (b) Restriction Appropriated funds may not be used to pay an employee who makes deductions described in subsection (a). (c) Definition For purposes of this section, the term agency (1) an Executive agency (as defined in section 105), the United States Postal Service, and the Postal Regulatory Commission; (2) an office, agency, or other establishment in the legislative branch; (3) an office, agency, or other establishment in the judicial branch; and (4) the government of the District of Columbia. . (2) Clerical amendment The table of sections for chapter 71 7115. Labor organization dues not deductible from pay. . (b) Postal Service amendment (1) In general Section 1205 (2) Clerical amendment The table of sections for chapter 12 3. Effective dates; transition provisions (a) Effective date The amendments made by this Act shall take effect on the date of enactment of this Act. (b) Transition provisions (1) Current deductions for dues of an exclusive representative Nothing in this Act shall, in the case of an assignment received before the date of enactment of this Act under subsection (a) of section 7115 (A) the date on which such assignment is revoked, in accordance with the last sentence of such subsection (a) (as last in effect before such date of enactment); or (B) if earlier, the date determined under paragraph (1) or (2) of subsection (b) of such section 7115 (as last in effect before such date of enactment). (2) Current deductions for dues of other labor organizations Nothing in this Act shall, in the case of a voluntary allotment made before the date of enactment of this Act under subsection (c) of section 7115 (3) Current deductions for dues of a labor organization from Postal Service employees Nothing in this Act shall, in the case of a written assignment received before the date of enactment of this Act under section 1205 (A) is revoked in accordance with such section (as last in effect before such date of enactment); or (B) otherwise expires. (c) Nonrenewability (1) In general An agreement between an agency and a labor organization, entered into before the date of enactment of this Act under subsection (a) or (c) of section 7115 of such title 5 (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension. (2) Postal Service A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code (as then in effect) or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension. (d) Definitions For purposes of this section, the terms agency exclusive representative labor organization section 7103
Empower Employees Act of 2014
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015 - Makes appropriations for FY2015 for the Departments of Commerce and Justice, for science-related programs, and related agencies. Title I: Department of Commerce - Department of Commerce Appropriations Act, 2015 - Makes appropriations for the Department of Commerce for FY2015 for: the International Trade Administration; the Bureau of Industry and Security; the Economic Development Administration; the Minority Business Development Agency; economic and statistical analysis programs; the Bureau of the Census; the National Telecommunications and Information Administration; the United States Patent and Trademark Office (USPTO); the National Institute of Standards and Technology (NIST); the National Oceanic and Atmospheric Administration (NOAA), including expenses for restoration of Pacific salmon populations; and departmental management, including for the Office of Inspector General. (Sec. 104) Adopts by reference and makes applicable to FY2015 requirements of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012, that prohibit NOAA from entering into a contract for development of a major program (a program with an estimated life-cycle cost of more than $250 million) unless the Under Secretary of Commerce for Oceans and Atmosphere makes specified determinations, including that: (1) the technical, cost, and schedule risks are clearly identified and the program has developed a plan to manage those risks; and (2) the technologies required for the program have been demonstrated in a relevant laboratory or test environment. Specifies the life cycle costs for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite R-Series Program. (Sec. 105) Authorizes the Secretary of Commerce (Secretary in this title) to furnish services to facilitate the use or occupancy of the Herbert C. Hoover Building, Washington, D.C., or other buildings for which the Secretary is responsible. (Sec. 106) Declares that nothing in this Act shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. (Sec. 107) Authorizes the Administrator of NOAA to use the resources of federal, state, local, or tribal agencies and other entities to carry out the responsibilities of any statute administered by NOAA. (Sec. 108) Bars the National Technical Information Service (NTIS) from charging any customer for a copy of any report or document generated by the legislative branch unless the NTIS has given the customer information on how an electronic copy may be accessed and downloaded for free online. Limits any charge for a paper copy to the cost of processing, reproducing, and delivering the report or document. (Sec. 109) Authorizes the Administrator of NOAA to: (1) enter into grants and cooperative agreements with a federal agency, state or subdivision, local government, tribal government, territory, or possession or any subdivisions; (2) use on a non-reimbursable basis any land, services, equipment, personnel, and facilities provided by any of those entities; and (3) receive and expend funds made available on a consensual basis from any of them. (Sec. 110) Authorizes the Secretary to waive the requirement for bonds with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Coast and Geodetic Survey Act of 1947. Title II: Department of Justice - Department of Justice Appropriations Act, 2015 - Makes appropriations for the Department of Justice (DOJ) for FY2015 for: general administration, including for information sharing technology, the administration of pardon and clemency petitions and immigration-related activities (including allocations for the Executive Office for Immigration Review), and the Office of the Inspector General; the United States Parole Commission; legal activities, including for the antitrust division, the Offices of the U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, fees and expenses of witnesses, the Community Relations Service, and the Assets Forfeiture Fund; the United States Marshals Service; Federal Prisoner Detention; the National Security Division; interagency law enforcement activities relating to drug trafficking and money laundering; the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the Federal Prison System, including for the Federal Prison Industries, Incorporated; the Office on Violence Against Women; and the Office of Justice Programs, including for criminal justice statistics programs, forensic sciences, state and local law enforcement assistance, juvenile justice programs, public safety officer benefits, and community-oriented policing services programs. (Sec. 202) Prohibits the use of funds under this Act to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate the performance of an abortion. (Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility. Sec. 206) Authorizes the Attorney General to extend through FY2014 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered. (Sec. 207) Prohibits the use of funds made available under this Act to: (1) transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure; (2) purchase cable television services or rent equipment used primarily for recreational purposes in federal prisons, except for inmate training, religious, or educational purposes; (3) purchase a new or enhanced information technology program having estimated development costs in excess of $100 million without appropriate program management controls and oversight mechanisms in place; (4) begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget (OMB) Circular A-76 for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Inc.; (5) facilitate the transfer of an operable firearm to an individual known or suspected to be an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times; (6) deny the DOJ Inspector General access to DOJ records and other material; or (7) allow DOJ or DEA to contravene industrial hemp research provisions of the Agricultural Act of 2014. (Sec. 214) Authorizes the Attorney General to waive certain requirements for grants or activities under programs for adult and juvenile reentry, reentry courts, drug treatment alternatives, and protection of inmates from prison rape. Title III: Science - Science Appropriations Act, 2015 - Makes appropriations for FY2015 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA), including for the Office of the Inspector General; and (3) the National Science Foundation (NSF), including for the Office of the National Science Board and the Office of the Inspector General. Title IV: Related Agencies - Makes appropriations for FY2015 for: (1) the Commission on Civil Rights, (2) the Equal Employment Opportunity Commission (EEOC), (3) the International Trade Commission, (4) the Legal Services Corporation, (5) the Marine Mammal Commission, (6) the Office of the United States Trade Representative, and (7) the State Justice Institute. Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (as contained in the Omnibus Consolidated Rescissions and Appropriations Act of 1996) to prohibit the Legal Services Corporation (LSC) from using any funds, federal or non-federal, to give financial assistance to any person or entity that: (1) initiates or participates in a class action suit, or (2) participates in any litigation with respect to abortion or on behalf of a prisoner. Repeals the prohibition against LSC acceptance of non-federal funds, and against the acceptance by any recipient of LSC assistance of funds from any source but the LSC, unless the LSC or the recipient notifies in writing the source of the funds that they may not be expended for any purpose prohibited by the Legal Services Corporation Act or other specified federal law. Title V: General Provisions - (Sec. 501) Sets forth restrictions and prohibitions on the use of funds under this Act, including prohibitions against the use of funds to: promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on marketing of such products, except for restrictions which are not applied equally to all tobacco products of the same type; discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ financial assistance programs or their parents or legal guardians; acquire a high-impact information system by the Departments of Commerce and Justice, NASA, or NSF unless such agencies have conducted risk-related reviews; justify the use of torture by any U.S. official or contract employee; pay administrative expenses or to compensate any U.S. officer or employee in connection with requiring licenses for exporting certain firearms components to Canada with a total value not exceeding $500 wholesale in any transaction; include in any new bilateral or multilateral trade agreement the text of certain provisions of the United States-Singapore, Australia, or Morocco Free Trade Agreements; authorize or issue a national security letter in contravention of specified laws authorizing the FBI to issue national security letters; purchase first class or premium airline travel in contravention of federal regulations; pay for premium air travel consistent with federal regulations unless the agency or department has filed its premium travel report with the General Services Administration (GSA) for the previous three fiscal years; pay for the attendance of more than 50 federal agency employees at a conference outside the United States, unless such conference is for the training of law enforcement personnel; pay salaries of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if legal requirements for such importation are met and no application for the importation of such model of shotgun had been denied before January 1, 2011; maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography; award contracts, grants, or loan guarantees to any corporation that was convicted of a felony criminal violation in the preceding 24 months, or that has any unpaid assessed federal tax liability, for which all judicial and administrative remedies have been exhausted or have lapsed, and is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and pay for the painting of a portrait of a federal officer or employee, including the President, the Vice President, a Member of Congress, the head of an executive branch agency, or the head of an office of the legislative branch. (Sec. 506) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act. Requires funds made available by this Act to be used for the purchase of items that are manufactured, produced, or assembled in the United States, its territories or possessions. (Sec. 521) Requires program managers of projects of the Departments of Commerce or Justice, NASA, or the NSF totaling more than $75 million to notify such agencies if project costs have increased by 10%. (Sec. 522) Authorizes funding for intelligence-related activities during FY2015 until the enactment of the Intelligence Authorization Act for FY2015. (Sec. 523) Prohibits contracting with or awarding grants in excess of $5 million to a contractor or grantee unless such contractor or grantor certifies compliance with tax return requirements and has not been convicted of a criminal tax offense. (Sec. 524) Rescinds specified unobligated balances available for the Department of Commerce Departmental Management Franchise Fund. Requires the rescission, not later than September 30, 2015, of specified unobligated balances available for certain DOJ programs. (Sec. 527) Prohibits the use of funds under this Act in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States to: (1) enforce vigorously its trade laws, (2) avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade or safeguards to protect competition, and (3) address and remedy market distortions that lead to dumping and subsidization. (Sec. 528) Prohibits the use of funds under this Act to: (1) transfer or release to or within the United States Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by DOD; or (2) construct, acquire, or modify any facility in the United States, its territories, or possessions to detain or imprison such a detainee. (Sec. 530) Directs that funds made available in this Act be used to purchase light bulbs that are "Energy Star" qualified or have the "Federal Energy Management Program" designation. (Sec. 539) Requires executive branch officials to: (1) submit annual reports to their Inspectors General or senior ethics officials on conferences held in FY2015 which cost the government more than $100,000, and (2) notify their Inspectors General or senior ethics officials of the date, location, and number or employees attending a conference costing the government more than $20,000 within 15 days of the date of such conference. Prohibits funding for travel and conference activities that are not in compliance with OMB Memorandum M-12-12, dated May 11, 2012.
Making appropriations for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of Commerce International Trade Administration Operations and Administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 section 3302 Provided Provided further 22 U.S.C. 2455(f) Bureau of Industry and Security Operations and Administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 22 U.S.C. 401(b) Provided 22 U.S.C. 2455(f) Provided further Economic development administration Economic development assistance programs For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, and for the cost of loan guarantees and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 Provided Provided further Provided further Provided further 15 U.S.C. 3722(d)(7) Salaries and Expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $37,000,000: Provided Minority Business Development Agency Minority Business Development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $28,286,000. Economic and Statistical Analysis Salaries and Expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $106,000,000, to remain available until September 30, 2016. Bureau of the Census Salaries and Expenses For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $252,200,000: Provided Periodic Censuses and Programs For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs provided for by law, $896,744,000, to remain available until September 30, 2016: Provided Provided further Office of Inspector General National Telecommunications and Information Administration Salaries and Expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $48,500,000, to remain available until September 30, 2016: Provided 31 U.S.C. 1535(d) Provided further Public Telecommunications Facilities, Planning and Construction For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. United states patent and trademark office Salaries and expenses (including transfers of funds) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $3,458,000,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Salaries and Expenses section 8334(a) Provided further Provided further Public Law 112–29 Provided further Office of Inspector General National institute of standards and technology Scientific and technical research and services For necessary expenses of the National Institute of Standards and Technology (NIST), $685,000,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the Working Capital Fund Provided Provided further Industrial technology services For necessary expenses for industrial technology services, $156,000,000, to remain available until expended, of which $141,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $15,000,000 shall be for the Advanced Manufacturing Technology Consortia. Construction of Research Facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e Provided National oceanic and atmospheric administration Operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,228,964,000, to remain available until September 30, 2016, except that funds provided for cooperative enforcement shall remain available until September 30, 2017: Provided Provided further Promote and Develop Fishery Products and Research Pertaining to American Fisheries Provided further Provided further Provided further Provided further 10 U.S.C. 55 Procurement, acquisition and construction For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $2,131,686,000, to remain available until September 30, 2017, except that funds provided for construction of facilities shall remain available until expended: Provided Provided further Provided further Provided further Office of Inspector General Pacific Coastal Salmon Recovery For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Fishermen's Contingency Fund For carrying out the provisions of title IV of Public Law 95–372 Fisheries finance program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2015, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. Departmental Management Salaries and Expenses For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $56,000,000: Provided renovation and modernization For necessary expenses for the renovation and modernization of Department of Commerce facilities, $10,000,000, to remain available until expended. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $30,596,000. General Provisions—Department of Commerce 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109 5 U.S.C. 5901–5902 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided Provided further 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 Public Law 113–6 Provided 105. Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service’s cost of processing, reproducing, and delivering such report or document. 109. In order to carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, tribal government, territory, or possession or any subdivisions thereof: Provided National Oceanic and Atmospheric Administration—Operations, Research, and Facilities Provided further 110. The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.). This title may be cited as the Department of Commerce Appropriations Act, 2015 II Department of Justice General Administration Salaries and Expenses For expenses necessary for the administration of the Department of Justice, $115,000,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. Justice Information Sharing Technology For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $25,842,000, to remain available until expended: Provided Provided further Administrative Review and Appeals (Including Transfer of Funds) For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $351,072,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee Provided (1) not to exceed $10,000,000 is for the Executive Office of Immigration Review for courthouse operations, language services, and automated system requirements and shall remain available until expended; (2) $10,024,000 is for the Executive Office for Immigration Review Legal Orientation Program; and (3) $5,824,000 is for the Executive Office for Immigration Review to develop, implement, and evaluate a pilot program to provide counsel for unaccompanied alien children: Provided Office of Inspector General For necessary expenses of the Office of Inspector General, $88,577,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character. United States Parole Commission Salaries and Expenses For necessary expenses of the United States Parole Commission as authorized, $13,308,000. Legal Activities Salaries and Expenses, General Legal Activities For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $915,000,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided Provided further Provided further Salaries and Expenses, General Legal Activities Provided further Provided further 42 U.S.C. 1973f Provided further In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. Salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $162,246,000, to remain available until expended: Provided Provided further Salaries and Expenses, United States Attorneys For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,950,000,000: Provided Provided further United States Trustee System Fund For necessary expenses of the United States Trustee Program, as authorized, $225,908,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided Provided further section 589a(b) Provided further Salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 Fees and Expenses of Witnesses For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses. Salaries and Expenses, Community Relations Service For necessary expenses of the Community Relations Service, $12,972,000: Provided Provided further Assets Forfeiture Fund For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) United States Marshals Service Salaries and Expenses For necessary expenses of the United States Marshals Service, $1,185,000,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended. construction For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $9,800,000, to remain available until expended. Federal Prisoner Detention For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 Provided funds appropriated for State and local law enforcement assistance section 4013(b) Provided further Provided further General Administration, Detention Trustee National Security Division Salaries and Expenses For expenses necessary to carry out the activities of the National Security Division, $91,800,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided Provided further Interagency Law Enforcement interagency crime and drug enforcement For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $505,000,000, of which $50,000,000 shall remain available until expended: Provided Federal Bureau of Investigation Salaries and Expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $8,291,233,000, of which not to exceed $216,900,000 shall remain available until expended: Provided construction For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of Federally-owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $93,982,000, to remain available until expended. Drug Enforcement Administration Salaries and Expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C Bureau of Alcohol, Tobacco, Firearms and Explosives Salaries and Expenses For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,201,004,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) Provided Provided further Provided further Federal Prison System Salaries and Expenses (Including Transfer of Funds) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,804,000,000: Provided Provided further Provided further Provided further Provided further Provided further Buildings and Facilities For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $105,000,000, to remain available until expended, of which not less than $91,000,000 shall be available only for modernization, maintenance and repair, and of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs: Provided Federal Prison Industries, Incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 Limitation on Administrative Expenses, Federal Prison Industries, Incorporated Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 State and Local Law Enforcement Activities Office on Violence Against Women violence against women prevention and prosecution programs For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. the 1968 Act Public Law 103–322 the 1994 Act Public Law 101–647 the 1990 Act Public Law 108–21 42 U.S.C. 5601 et seq. the 1974 Act Public Law 106–386 the 2000 Act the 2005 Act Public Law 113–4 the 2013 Act Provided Provided further (1) $195,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $26,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $3,000,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to Research, Evaluation and Statistics (4) $10,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided Provided further Provided further (5) $50,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative; (6) $30,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $33,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $12,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act; (9) $42,500,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $4,500,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (11) $16,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided (12) $6,000,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided Research, Evaluation and Statistics (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women. Office of Justice Programs research, evaluation and statistics For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act the 1974 Act 42 U.S.C. 5771 et seq. Public Law 108–405 Public Law 109–162 the 2005 Act Public Law 101–647 Public Law 110–199 the Adam Walsh Act Public Law 110–401 Public Law 107–296 the 2002 Act Public Law 110–180 Public Law 113–4 the 2013 Act (1) $42,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act; (2) $38,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle D of title II of the 2002 Act; (3) $30,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act; and (4) $5,000,000 is for activities to strengthen and enhance the practice of forensic sciences, of which $4,000,000 is for transfer to the National Institute of Standards and Technology to support scientific working groups. state and local law enforcement assistance For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 the 1994 Act the 1968 Act Public Law 108–405 Public Law 101–647 the 1990 Act Public Law 109–164 Public Law 109–162 the 2005 Act Public Law 109–248 the Adam Walsh Act Public Law 106–386 Public Law 110–180 Public Law 107–296 the 2002 Act Public Law 110–199 Public Law 110–403 Public Law 98–473 Public Law 113–4 the 2013 Act (1) $376,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g) of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1, $1,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $2,000,000 is for a State, local, and tribal assistance help desk and diagnostic center program, $15,000,000 is for a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative (VALOR), $10,000,000 is for an initiative to support evidence-based policing, $5,000,000 is for an initiative to enhance prosecutorial decision-making; and $3,000,000 is for competitive grants to distribute firearm safety materials and gun locks; (2) $150,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i)(5) Provided (3) $10,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation); (4) $15,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106–386 Public Law 113–4 (5) $41,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (6) $9,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 (7) $12,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (8) $2,000,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405 (9) $15,000,000 for economic, high technology and Internet crime prevention grants, including as authorized by section 401 of Public Law 110–403 Public Law 110–403 (10) $2,000,000 for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315; (11) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities; (12) $8,000,000 for an initiative relating to children exposed to violence; (13) $17,000,000 for an Edward Byrne Memorial criminal justice innovation program; (14) $23,000,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act: Provided (15) $1,000,000 for the National Sex Offender Public Website; (16) $8,500,000 for competitive and evidence-based programs to reduce gun crime and gang violence; (17) $58,500,000 for grants to States to upgrade criminal and mental health records in the National Instant Criminal Background Check System, of which no less than $12,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 (18) $12,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (19) $125,000,000 for DNA-related and forensic programs and activities, of which— (A) $117,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (Public Law 106–546) (the Debbie Smith DNA Backlog Grant Program): Provided Public Law 108–405 (B) $4,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program ( Public Law 108–405 (C) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405 (20) $41,000,000 for a grant program for community-based sexual assault response reform; (21) $6,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (22) $70,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 ( Public Law 110–199 Provided (23) $5,000,000 for a veterans treatment courts program; (24) $7,000,000 for a program to monitor prescription drugs and scheduled listed chemical products; (25) $2,000,000 to operate a National Center for Campus Public Safety; (26) $22,000,000 for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction; (27) $4,000,000 for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, and for a research project on the effectiveness of the model; (28) $12,500,000 for the Office of Victims of Crime for supplemental victims’ services and other victim-related programs and initiatives, including research and statistics, and for tribal assistance for victims of violence; and (29) $75,000,000 for the Comprehensive School Safety Initiative, described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided Provided juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act the 1968 Act the 2005 Act 42 U.S.C. 5771 et seq. Public Law 101–647 the 1990 Act Public Law 109–248 the Adam Walsh Act Public Law 110–401 Public Law 113–4 the 2013 Act (1) $61,500,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided (2) $53,000,000 for youth mentoring grants; (3) $37,000,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof— (A) $5,000,000 shall be for the Tribal Youth Program; (B) $3,000,000 shall be for gang and youth violence education, prevention and intervention, and related activities; (C) $1,000,000 shall be for programs and activities to enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, for prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training; and (D) $8,000,000 shall be for competitive grants to police and juvenile justice authorities in communities that have been awarded Department of Education School Climate Transformation Grants to collaborate on use of evidence-based positive behavior strategies to increase school safety and reduce juvenile arrests; (4) $19,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $11,000,000 for community-based violence prevention initiatives, including for public health approaches to reducing shootings and violence; (6) $68,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 (7) $1,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; (8) $1,000,000 for grants and technical assistance in support of the National Forum on Youth Violence Prevention; (9) $500,000 for an Internet site providing information and resources on children of incarcerated parents; (10) $2,000,000 for competitive grants focusing on girls in the juvenile justice system; and (11) $3,000,000 for a program to improve juvenile indigent defense: Provided Provided further Provided further Public Safety Officer Benefits For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided Public Safety Officer Benefits Provided further Community Oriented Policing Services community oriented policing services programs For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act the 2005 Act Provided Provided further (1) $7,000,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act; (2) $16,500,000 is for improving tribal law enforcement, including hiring, equipment, training, and anti-methamphetamine activities; (3) $180,500,000 is for grants under section 1701 of title I of the 1968 Act ( 42 U.S.C. 3796dd Provided 42 U.S.C. 3796dd Provided further 42 U.S.C. 3796dd–3(c) Provided further Provided further Provided further (4) $10,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided (5) $10,000,000 is for competitive grants to statewide law enforcement agencies in states with high rates of primary treatment admissions for heroin and other opioids: Provided General provisions—Department of justice 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided 206. The Attorney General is authorized to extend through September 30, 2014, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002 ( Public Law 107–296 207. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 208. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 209. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 210. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the accompanying report, and to any use of deobligated balances of funds provided under this title in previous years. 211. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 212. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. 213. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics State and Local Law Enforcement Assistance Juvenile Justice Programs (1) up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs; and (3) up to 5 percent of funds made available for grant or reimbursement programs: (1) under the heading State and Local Law Enforcement Assistance Research, Evaluation, and Statistics Juvenile Justice Programs State and Local Law Enforcement Assistance 214. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2012 through 2015 for the following programs, waive the following requirements: (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)), the requirements under section 2976(g)(1) of such part. (2) For State, Tribal, and local reentry courts under part FF of title I of such Act of 1968 (42 U.S.C. 3797w–2(e)(1) and (2)), the requirements under section 2978(e)(1) and (2) of such part. (3) For the prosecution drug treatment alternatives to prison program under part CC of title I of such Act of 1968 ( 42 U.S.C. 3797q–3 (4) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15605(c)(3) 215. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13709(a) 216. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 217. No funds provided in this Act shall be used to deny the Inspector General of the Department of Justice timely access to all records, documents, and other materials in the custody or possession of the Department or to prevent or impede the Inspector General’s access to such records, documents and other materials, unless in accordance with an express limitation of section 6(a) of the Inspector General Act, as amended, consistent with the plain language of the Inspector General Act, as amended. The Department of Justice shall report to the Committee on Appropriations within five calendar days any failures to comply with this requirement. 218. Section 8(e) of Public Law 108–79 42 U.S.C. 15607(e) 219. Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under section 526 of division H of Public Law 113–76. 220. None of the funds made available by this Act may be used in contravention of section 7606 ( Legitimacy of Industrial Hemp Research Public Law 113–79 This title may be cited as the Department of Justice Appropriations Act, 2015 III Science Office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. section 3109 National Aeronautics and Space Administration Science For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 Provided Provided further section 30104 Aeronautics For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $551,100,000, to remain available until September 30, 2016. Space Technology For necessary expenses, not otherwise provided for, in the conduct and support of space research and technology development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $580,200,000, to remain available until September 30, 2016. exploration For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,367,700,000, to remain available until September 30, 2016: Provided Provided further Provided further Provided further Provided further Provided further Provided further Construction and Environmental Compliance and Restoration Provided further Provided further space operations For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 education For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 cross agency support For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 5902 construction and environmental compliance and restoration For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $446,100,000, to remain available until September 30, 2020: Provided Provided further Provided further 51 U.S.C. 20145 office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $37,500,000, of which $500,000 shall remain available until September 30, 2016. administrative provisions Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by NASA at the theme, program, project, and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. National Science Foundation Research and Related Activities For necessary expenses in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86–209 42 U.S.C. 1880 et seq. section 3109 Provided Provided further Public Law 110–69 major research equipment and facilities construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. education and human resources For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. section 3109 Provided Public Law 110–69 Agency Operations and Award Management For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. section 3109 Provided Provided further Office of the National Science Board For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 42 U.S.C. 1863 Public Law 86–209 Provided office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $14,430,000, of which $400,000 shall remain available until September 30, 2016. Administrative Provision Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. This title may be cited as the Science Appropriations Act, 2015 IV Related Agencies Commission on Civil Rights Salaries and Expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,400,000: Provided Provided further Provided further 42 U.S.C. 1975a Equal Employment Opportunity Commission Salaries and Expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 ( Public Law 110–233 Public Law 110–325 Public Law 111–2 section 3109 Provided Provided further Provided further International Trade Commission Salaries and Expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 Legal Services Corporation Payment to the Legal Services Corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $400,000,000, of which $367,000,000 is for basic field programs and required independent audits; $4,000,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $19,000,000 is for management and grants oversight; $4,000,000 is for client self-help and information technology; $5,000,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan repayment assistance: Provided 42 U.S.C. 2996(d) Provided further Provided further Administrative Provision—Legal Services Corporation None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 Section 504 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (as contained in Public Law 104–134 (1) in subsection (a), in the matter preceding paragraph (1), by inserting after ) that uses Federal funds (or funds from any source with regard to paragraphs (7), (14) and (15)) in a manner (2) by striking subsection (d); and (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. Marine Mammal Commission Salaries and Expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. Office of the United States Trade Representative Salaries and Expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 Provided State Justice Institute Salaries and Expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 ( 42 U.S.C. 10701 et seq. Provided Provided further V General provisions (including rescissions) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term promotional items 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of the first quarter of fiscal year 2015, and subsequent reports shall be submitted within 30 days of the end of each quarter thereafter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided Provided further Provided further 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act. 514. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. 515. None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems (1) reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high-impact information systems within the Federal Government and against international standards and guidelines, including those developed by NIST; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and (3) developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks. 516. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 517. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 518. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) curios or relics 519. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement. 520. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts. 521. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 522. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 523. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (rescissions) 524. (a) Of the unobligated balances available for Department of Commerce, Departmental Management, Franchise Fund (b) Of the unobligated balances available to the Department of Justice, the following funds are hereby rescinded, not later than September 30, 2015, from the following accounts in the specified amounts— (1) Working Capital Fund (2) Legal Activities, Assets Forfeiture Fund (3) United States Marshals Service, Federal Prisoner Detention (4) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs (5) State and Local Law Enforcement Activities, Office of Justice Programs (6) State and Local Law Enforcement Activities, Community Oriented Policing Services (c) The Department of Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2015, specifying the amount of each rescission made pursuant to subsection (b). 525. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations, and no funds may be used for premium travel consistent with these sections unless the agency or department has filed its premium travel report with the General Services Administration for the previous 3 fiscal years. 526. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States. 527. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States— (1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; (2) to avoid agreements that— (A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; or (B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and (3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 528. None of the funds appropriated or otherwise made available in this Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 529. (a) None of the funds appropriated or otherwise made available in this Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 530. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star Federal Energy Management Program 531. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 532. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 533. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 534. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the National Science Foundation shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act. 535. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 536. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 537. All agencies and departments funded under this Act shall send to the Committees on Appropriations of the House of Representatives and the Senate at the end of the fiscal year a report containing a complete inventory of the total number of vehicles owned, permanently retired, and purchased during fiscal year 2015 as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing. 538. None of the funds made available in this Act may be used to pay for the painting of a portrait of an officer or employee of the Federal government, including the President, the Vice President, a member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch. 539. (a) The head of any Executive branch department, agency, board, commission, or office funded by this Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2015 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any Executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2015 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this or any other appropriations Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. This Act may be cited as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015 June 5, 2014 Read twice and placed on the calendar
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015 - Title I: Department of Transportation - Department of Transportation Appropriations Act, 2015 - Makes appropriations for FY2015 to the Department of Transportation (DOT), including: (1) the Office of the Secretary, (2) the Federal Aviation Administration (FAA), (3) the Federal Highway Administration (FHWA), (4) the Federal Motor Carrier Safety Administration (FMCSA), (5) the National Highway Traffic Safety Administration (NHTSA), (6) the Federal Railroad Administration (FRA), (7) the Federal Transit Administration (FTA), (8) the Saint Lawrence Seaway Development Corporation, (9) the Maritime Administration, (10) the Pipeline and Hazardous Materials Safety Administration (PHMSA), (11) the Office of Inspector General, and (12) the Surface Transportation Board (STB). Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title. (Sec. 102) Authorizes the Secretary of Transportation (Secretary in this title) or designee to lobby states and state legislators to consider proposals for the reduction of motorcycle fatalities. (Sec. 103) Authorizes the DOT's Working Capital fund to provide advanced payments to vendors to carry out the federal transit pass transportation fringe benefit program for federal employees. (Sec. 104) Directs the Secretary to: (1) post on the DOT website a schedule of all Credit Council meetings, including the agenda for each meeting; and (2) require the Council to record the decisions and actions of the meetings. (Sec. 110) Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2014. (Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting. Exempts from this prohibition any negotiations between the agency and airport sponsors to: (1) achieve agreement on "below-market" rates for these items, or (2) grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities. (Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available from certain fees to carry out the Essential Air Service (EAS) program. (Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. (Sec. 114) Prohibits the availability of funds for paying premium pay (pay for Sunday and holiday work) to an FAA employee unless the employee actually performed worked during the time corresponding to such pay. (Sec. 115) Prohibits the obligation of funds for an FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card. (Sec. 116) Requires the Secretary to make the minimum apportionment for primary and cargo airports to sponsors of airports that: (1) received scheduled or unscheduled air service from large certified air carriers, and (2) had more than 10,000 passenger boardings in the preceding calendar year. (Sec. 117) Prohibits the obligation of funds for retention bonuses for an FAA employee without the prior written approval of the DOT Assistant Secretary for Administration. (Sec. 118) Caps at 20% the maximum allowable local share of costs of an airport sponsor or state or local government with jurisdiction over an airport in cases where the operating costs of an air traffic tower under the Contract Air Traffic Control Tower Program exceed the benefits. (Sec. 119) Prohibits the use of funds to implement, or to continue to implement, any limitation on the ability of a private aircraft owner or operator, upon a request to the FAA Administrator, to block, with respect to its noncommercial flights, the display of the owner's or operator's registration number in the Aircraft Situational Display to Industry data provided by the FAA to the public, unless the data has been made available to a government agency. (Sec. 119A) Prohibits the availability of funds for salaries and expenses of more than nine FAA political and Presidential appointees. (Sec. 119B) Prohibits the use of funds to increase fees the FAA Administrator may assess a state, federal agency, public or private organization, or individual to conduct special services or develop special products relating to navigation, transportation, or public safety, until the FAA provides Congress a report that justifies all aeronautical navigation product fees and explains how they are consistent with Executive Order 13642. (Sec. 119C) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. (Sec. 119D) Bars the use of funds to close an FAA regional operations center or reduce its services unless the FAA Administrator notifies Congress at least 90 full business days in advance. (Sec. 119E) Revises the FAA Modernization and Reform Act of 2012, with respect to reauthorization through FY2015 of the FAA Center for Excellence for Applied Research and Training in the Use of Advanced Materials in Transport Aircraft, to specify the Center as the FAA Center for Excellence for Applied Research and Training in the Use of Joint Advanced Materials and Structures. (Sec. 119F) Revises the federal share of the costs for a non-hub airport improvement program (AIP) project located in a state containing unappropriated and unreserved public lands and nontaxable Indian lands of more than 5% of the total area of all lands in the state. Requires the federal share for a non-hub airport located in such a state within 15 miles of another such state to be an average of the federal share applicable to any AIP project in each of the states. (Under current law, the allowable federal share of costs for AIP projects shall not exceed the lesser of 93.75% or the highest percentage federal share applicable to any such project in a state.) (Sec. 120) Prescribes requirements, including a formula, for certain FY2015 distributions from the obligation limitation for federal-aid highways. (Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products to reimburse the Bureau for necessary expenses. (Sec. 122) Requires the Secretary to make an informal public notice and comment opportunity on the intent of the waiver before waiving any Buy American requirement for federal-aid highway projects. (Sec. 123) Prohibits the use of funds by DOT to provide direct loans, loan guarantees, or lines of credit for eligible infrastructure projects unless the Secretary notifies Congress at least three days before any loan or credit application approval. (Sec. 124) Specifies the amount of certain unobligated federal-aid highway funds that shall be available, with specified exceptions, for FY2015 for FHWA administrative expenses. (Sec. 130) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico. (Sec. 131) Bars the use of motor carrier safety operations and programs funds to deny an application to renew a Hazardous Materials Safety Program permit for a motor carrier based solely on that carrier's Hazardous Materials Out-of-Service rate, unless the Secretary determines the carrier's corrective actions or corrective action plan is insufficient to address the safety concerns that resulted in that rate. (Sec. 132) Bars the use of funds made available by this Act to enforce any regulation prohibiting a state from issuing a commercial learner's permit to individuals under age 18 if that state had a law authorizing the issuance of permits to those individuals as of May 9, 2011. (Sec. 133) Bars the use of funds made available by this Act or any other Act to enforce during a specified period the 2011 restart rule ("Hours of Service of Drivers"), which applies to operators of commercial motor vehicles of property subject to maximum DOT driving requirements. Suspends the 2011 restart rule between the date of enactment of this Act and the later of: (1) September 30, 2015, or (2) the date of submission of the Secretary's final report required by this Act. Makes the restart rule as it was on June 30, 2013, in effect again during this period. Requires the Secretary to publish a Notice in the Federal Register and on the FMCSA website announcing this suspension of enforcement and the temporary resumption period of the old restart rule. Directs the Secretary to initiate a naturalistic study of the operational, safety, health, and fatigue impacts of the suspended new and the temporarily resumed old restart rule on commercial motor vehicle drivers. Requires the Secretary to submit to the DOT Inspector General (IG) for review and comment beforehand a plan outlining the study's scope and methodology. Requires the Secretary, after receiving the IG's comments, to submit to the IG a final report on the study's findings, conclusions, and recommendations on whether the new restart rule in effect on July 1, 2013, provides a greater net benefit than the old rule for its operational, safety, health, and fatigue impacts. (Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews, and (2) core competency development training and related expenses for highway safety staff. (Sec. 141) Declares that certain limitations on obligations for NHTSA programs shall not apply to any obligational authority made available in previous public laws, except to the extent that the obligational authority has not lapsed or been used. (Sec. 142) Prohibits the use of funds to implement establishment in the DOT of a National Highway Safety Advisory Committee. (Sec. 150) Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to Amtrak in the event that it contracts to have provided at or from any location outside the United States any service that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States. (Sec. 151) Authorizes the Secretary to receive cash or spare parts from non-federal sources to repair damages to or replace federally-owned automated track inspection cars and equipment as a result of third party liability for such damages. (Sec. 152) Makes amounts available for Amtrak for the operation of intercity passenger rail actually available for distribution only after the Secretary reviews a grant request for each specific train route accompanied by a detailed plan justifying the federal support to the Secretary's satisfaction. (Sec. 153) Bars the use of funds for Amtrak to pay overtime costs in excess of $35,000 for any Amtrak employee. Authorizes the president of Amtrak to waive such cap in cases where it poses a risk to the safety and operational efficiency of the Amtrak system. (Sec. 160) Declares that the limitations on obligations for FTA programs shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation. (Sec. 161) Declares that funds appropriated by this Act for specified FTA discretionary program projects which are not obligated by September 30, 2019, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. (Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2014, that remain available for expenditure. (Sec. 163) Prohibits the Secretary from enforcing federal charter bus service regulations against any transit agency that during FY2008 was both initially granted a 60-day period to comply with such regulations, and then was subsequently granted an exception from them. (Sec. 164) Authorizes the Secretary, when applying project justification and local commitment criteria to a New Starts project, to consider the costs and ridership of any connected project where private parties are making significant financial contributions to the construction of the connected project. Authorizes the Secretary also to consider the significant financial contributions of such parties to the connected project when calculating the non-federal share of net capital project costs for the New Starts project. (Sec. 165) Requires the Secretary to consider Small Starts Projects, including streetcars, in developing guidance implementing a Program of Interrelated Projects under a fixed guideway capital investment grant. (Sec. 166) Requires new bus rapid transit projects recommended in the President's budget submission to Congress for capital investment grant funds appropriated under this Act to be funded from a specified amount of unobligated discretionary funds for the bus and bus facilities program in FY1984-FY2012. Subjects all such projects to Capital Investment Grants Program requirements for New Starts, Small Starts, or Core Capacity projects. (Sec. 170) Authorizes the Maritime Administration to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy of property under its control. (Sec. 171) Bars the use of funds by DOT or the Maritime Administration to negotiate or execute, enter into, facilitate or perform fee-for-service contracts for vessel disposal, scrapping, or recycling, unless there is no qualified domestic ship recycler that will pay to purchase and scrap or recycle a vessel owned or operated by the Maritime Administration or that is part of the National Defense Reserve Fleet. (Sec. 180) Increases from 2% to 4% the amount that may be used from the Hazardous Materials Emergency Preparedness Fund to pay for certain administrative costs. (Sec. 181) Authorizes the Secretary to require the person proposing a project with design and construction costs over $2.5 billion for the construction, expansion, or operation of a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility to pay the facility design safety review costs incurred by the Secretary. (Sec. 182) Directs the Secretary to initiate a rulemaking or alternative risk-based compliance regime for the siting of small-scale liquefaction facilities that generate and package liquefied natural gas for use as a transportation fuel for domestic delivery via non-pipeline means. Urges the rulemaking or alternative risk-based compliance regime to incorporate the 2013 National Fire Protection Association Standard 59A and industry best practices. (Sec. 192) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and presidential appointees in DOT. Prohibits assignment of any of such appointees on temporary detail outside DOT. (Sec. 193) Bars recipients of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law. Prohibits the Secretary, however, from withholding funds for any grantee if a state fails to comply with this prohibition. (Sec. 195) Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any project competitively selected to receive a discretionary grant award, letter of intent, or full funding grant agreement from certain grant programs, including the federal highway emergency relief program, the FAA AIP, any FRA program, any FTA program other than the formula grants and fixed guideway modernization programs, any Maritime Administration program, or any funding for national infrastructure investments. (Sec. 197) Makes available for reimbursement of recovery costs any recovered funds that the Secretary has determined represent improper DOT payments to a third party contractor under a financial assistance award. (Sec. 199) Prohibits the use of funds by the STB to charge or collect any filing fee for rate or practice complaints filed with it in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code. (Sec. 199A) Authorizes the obligation of funds appropriated to the modal administrations for the Office of the Secretary for costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods or services purchased to provide a direct benefit to such administrations. (Sec. 199B) Authorizes the Secretary to carry out a program to establish uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of such benefits by various paper and electronic media. Title II: Department of Housing and Urban Development - Department of Housing and Urban Development Appropriations Act, 2015 - Makes appropriations for FY2015 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) the Office of Public and Indian Housing; (3) the Office of Community Planning and Development; (4) the Office of Housing and the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) Office of Policy Development and Research; (7) Office of Fair Housing and Equal Opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Inspector General. Rescinds permanently $10 million from funds previously provided for the General and Special Risk Insurance Funds Program account. (Sec. 201) Requires rescission of 50% of the amounts of budget authority (or, in the alternative, remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local government-, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, to be used by state housing finance agencies or local governments or local housing agencies with HUD-approved projects for which settlement occurred after January 1, 1992. Authorizes the Secretary of HUD (Secretary in this title), all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate. (Sec. 202) Prohibits the use of funds during FY2015 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction. (Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that received an allocation in a prior fiscal year, but is not otherwise eligible for an FY2015 allocation because the areas in the state outside of qualifying metropolitan statistical areas in FY2015 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required. Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey. Requires the Secretary to: (1) adjust the funds allocated for FY2015 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula. Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2015 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina, Metropolitan Statistical Area. Authorizes the Secretary to: (1) adjust FY2015 allocations under such Act upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area, and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation. (Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989. (Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act. (Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as necessary to carry out their FY2015 budgets. (Sec. 208) Directs the Secretary to report quarterly to congressional appropriations committees regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request. (Sec. 209) Requires the President's formal budget request for FY2016 and HUD's congressional budget justifications to use the identical account and subaccount structure provided under this Act. (Sec. 210) Declares that a public housing agency (PHA) (or other entity) that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity governing board. Requires each such PHA (or other entity) that chooses not to include such individuals on its governing board to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients. (Sec. 211) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements of the Federal Credit Reform Act of 1990. (Sec. 212) Authorizes the Secretary for FY2015-FY2016, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt, and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project, to another multifamily housing project or projects. (Sec. 213) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance. Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children. (Sec. 214) Requires that the funds made available for Native American Housing Block Grants in this title be allocated to the same recipients that received funds in FY2005. (Sec. 215) Authorizes the Secretary through FY2015 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs, or reverse mortgages) for elderly homeowners. (Sec. 216) Requires the Secretary during FY2015, in managing and disposing of any multifamily property that is owned or has a mortgage held by HUD, and during the process of foreclosure on any property with a contract for section 8 rental assistance payments or other federal programs, to maintain any rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued payments, based on specified cost, operation, or environmental considerations, to: (1) contract, in consultation with the property's tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties; or (2) provide other rental assistance. (Sec. 217) Amends the Housing and Community Development Act of 1974 to authorize the Secretary to use Community Development Loan Guarantee funds to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities. Repeals limitations on the total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary for any fiscal year. Requires the Secretary to monitor the use by eligible public entities, as well as states, of commitment amounts authorized in appropriation Acts for any fiscal year. Repeals the prohibition against imposing a fee or charge on or with respect to HUD guarantees and commitment to guarantee loans. Requires any state receiving a guarantee or commitment on behalf of non-entitlement areas to distribute all funds subject to such guarantee to the general local governments in non-entitlement areas that received the commitment. (Sec. 218) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirements imposed by the Secretary in connection with the operating fund rule. Prohibits exemption from such requirements, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula. (Sec. 219) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs. Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts, unless otherwise specified under this title. (Sec. 220) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives. (Sec. 221) Requires the Secretary to report annually to congressional appropriations committees on the status of all section 8 project-based housing, including the number of all project-based units by region, as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. (Sec. 222) Requires the Secretary for FY2015 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively. Authorizes the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website or through other electronic media. (Sec. 223) Requires payment of attorney fees in program-related litigation from the individual program office and Office of General Counsel personnel funding. (Sec. 225) Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verification and matching purposes. (Sec. 226) Requires the Secretary to take specified actions when a multifamily housing project with a section 8 contract or contract for similar project-based assistance: (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or (2) receives a REAC score between 31 and 59 and fails to certify in writing to HUD, within 60 days, that all deficiencies have been corrected, or receives consecutive scores of less than 60 on REAC inspections. Applies such requirements to insured and noninsured projects with section 8 rental assistance attached to the units; but not to units receiving PHA project-based assistance under the voucher program, or to public housing units assisted with capital or operating funds. (Sec. 227) Prohibits during any PHA FY2015 the use of funds, made available for specified purposes of the United States Housing Act of 1937 (including the Section 8 tenant-based rental assistance program), by any PHA for any amount of salary, including bonuses, for its chief executive officer, or any other official or employee that exceeds the annual rate of basic pay for a position at level IV of the Executive Schedule. (Sec. 228) Amends the United States Housing Act of 1937 to extend through FY2015 the authorization of appropriations for: (1) demolition, site revitalization, replacement housing, and tenant-based assistance grants for severely distressed public housing projects; and (2) grants for assisting affordable housing developed through main street projects in smaller communities. (Sec. 229) Allows up to $10 million out of funds appropriated for salaries and expenses under all accounts under this title (except for the Office of Inspector General account) to be transferred and merged with amounts appropriated for the Information Technology Fund account. (Sec. 230) Bars the use of funds made available by this Act for the HUD doctoral dissertation research grant program. (Sec. 231) Modifies funding requirements for Rental Assistance Demonstration provided in the Department of Housing and Urban Development Appropriations Act, 2012. Extends through FY2016 a specified program for conversion of tenant-based rental assistance vouchers to PHA project-based vouchers. (Sec. 232) Bars the use of funds in this Act provided to HUD to make a grant award unless the Secretary notifies congressional appropriations committees at least three full business days before any project, state, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant award is announced by HUD or its offices. (Sec. 233) Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to extend through October 1, 2018, the FHA-Insured Multifamily Housing Mortgage and Housing Assistance Program and the Office of Multifamily Housing Assistance Restructuring. (Sec. 234) Amends the United States Housing Act of 1937 to modified requirements governing the public housing Capital and Operating Funds. Authorizes a PHA to establish a Replacement Reserve to carry out certain listed capital activities. Allows a PHA to deposit funds from its Capital Fund at any time into a Replacement Reserve, subject to specified conditions. Authorizes the Secretary to allow a PHA, in first establishing a Replacement Reserve, to transfer more than 20% of its operating funds into it. Allows funds in a Replacement Reserve to be used to carry out capital and management activities and for any purpose in its Capital Fund 5-Year Action Plan. Exempts funds held in PHA Replacement Reserves from penalties for slow expenditure by a PHA of capital funds. (Sec. 235) Limits a PHA's use, for capital and management activities eligible for assistance from the Capital Fund, to 20% of any appropriations for FY2015 or any ensuing fiscal year that are allocated to the PHA from the Operating Fund, but only if the public housing plan for the agency provides for the use. (236) Amends the Cranston-Gonzalez National Affordable Housing Act to revise requirements with respect to termination of tenancy by an owner of affordable housing assisted under such Act for rental. States that the mandatory 30-day notice is not required if the grounds for the termination or refusal to renew a lease involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with requirements of state or local law). Allows a community housing development organization funded by the state to serve all counties within the state. (Sec. 237) Directs the Secretary to establish a demonstration program under which, during the period between enactment of this Act and the end of FY2017, the Secretary may enter into competitively selected, budget-neutral, performance-based, 12-year agreements that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in: section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than section 8 (voucher program) assistance; supportive housing for the elderly programs under the Housing Act of 1959; or supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act. Prescribes requirements for payment under an agreement, which shall be contingent on documented utility savings. Authorizes the Secretary to use for the demonstration program any funds appropriated for the renewal of contracts under the specified housing programs. (Sec. 238) Amends the Housing Opportunity Program Extension Act of 1996 to allow national and regional organizations and consortia experienced in providing or facilitating self-help housing homeownership opportunities to use certain grants for rehabilitation of existing dwelling units. Includes planning, administration, and management of grant programs as eligible expenses. Limits them to 20% of a grant. Requires the Secretary to establish a deadline (which may be extended for good cause) by which time all units that have been assisted with grant funds must be completed and conveyed. (Sec. 239) Amends the Housing and Community Development Act of 1992 to modify requirements with respect to loan guarantees for Indian housing. Requires the holder of a guarantee, before any payment under a loan guarantee is made, among other things to give good faith consideration to making a loan modification as well as meet standards for servicing loans in default. (Sec. 240) Amends the National Housing Act to authorize the Secretary, in each fiscal year, to charge and collect a fee of up to four basis points of the original principal balance of mortgages originated by the mortgagee that were insured during the previous fiscal year. Requires the use of collected fees as offsetting collections for part of the administrative contract expenses funding and any necessary salaries and expenses funding provided under the Mutual Mortgage Insurance Program Account. (Sec. 241) Revises procedures under the section 8 rental assistance program for publishing fair market rentals for an area with respect to the amount and scope of monthly assistance payments. Requires the Secretary to publish such rentals at least annually on the HUD website and in any other manner specified by the Secretary. Repeals the requirement that the Secretary establish separate fair market rentals for Westchester County, New York, and for Monroe County, Pennsylvania. (Sec. 242) Rescinds permanently all unobligated balances, including recaptures and carryover, remaining from funds appropriated to HUD for: (1) brownfields redevelopment, (2) rural housing and economic development, (3) drug elimination grants for low income housing, and (4) the Youthbuild program under the Cranston-Gonzalez National Affordable Housing Act. (Sec. 243) Requires any sums necessary to implement the Homeowners Armed with Knowledge (HAWK) pilot to be absorbed within the levels appropriated in this Act. (Sec. 244) Amends the Housing and Urban Development Act of 1968 to authorize the Secretary, for purposes of providing assistance for housing for low- and moderate-income families, to enter into appropriate multiyear agreements, subject to the availability of annual appropriations. (Sec. 245) Amends the National Housing Act with respect to minimum property standards established by the Secretary to promote energy saving techniques in newly constructed residential housing, other than manufactured homes, subject to mortgages insured under the Act. Authorizes the Secretary to establish an exception to any such minimum property standard in order to address alternative water systems, including cisterns, which meet requirements of state and local building codes that ensure health and safety standards. (Sec. 246) Requires the Secretary, in addition to making certain funds available to metropolitan cities and urban counties located or partially located in a major disaster declared area, to provide assistance to any state for use by any non-entitlement area in which there was a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in 2014. Title III: Related Agencies - Makes appropriations for FY2015 to: (1) the Access Board, (2) the Federal Maritime Commission, (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak), (4) the National Transportation Safety Board (NTSB), (5) the Neighborhood Reinvestment Corporation, and (6) the U.S. Interagency Council on Homelessness. Title IV: General Provisions (This Act) - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. (Sec. 401) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act. (Sec. 404) Prohibits the obligation or expenditure of funds made available in this Act for any employee training that meets specified negative criteria. Declares that nothing in this prohibition shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. (Sec. 407) Prohibits the use of funds to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. (Sec. 408) Requires all federal agencies and departments funded by this Act to report by March 30, 2015, to the congressional appropriations committees on all sole source contracts. (Sec. 409) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (Sec. 410) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it. (Sec. 411) Prohibits the expenditure of funds appropriated under this Act by an entity unless the entity agrees to comply with the Buy American Act. (Sec. 412) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act. (Sec. 413) Prohibits the use of funds under this Act for first-class airline accommodations in contravention of specified federal regulations. (Sec. 414) Prohibits the provision of any funds made available under this or prior Acts to the Association of Community Organizations for Reform Now (ACORN) or its affiliates, subsidiaries, or allied organizations. (Sec. 415) Prohibits the use of funds made available by this Act to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has: (1) considered suspension or debarment of the corporation, and (2) made a determination that this further action is not necessary to protect government interests. (Sec. 416) Makes the same prohibition as in Sec. 414 with respect to any corporation with any unpaid federal tax liability that is not being paid in a timely manner, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and determined that this further action is not necessary to protect the interests of the government. (Sec. 417) Expresses the sense of Congress that Congress should not pass any legislation that authorizes spending cuts that would increase poverty in the United States. (Sec. 418) Requires all agencies and departments funded by this Act to report to Congress at the end of the fiscal year a complete inventory of the total number of vehicles owned, permanently retired, and purchased during FY2015 as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing. (Sec. 419) Prohibits the use of funds made available by this Act to pay for the painting of a portrait of a federal officer or employee, including the head of an Executive branch agency. (Sec. 420) Requires the head of any executive branch department, agency, board, commission, or office (entity) funded by this Act to report annually to its Inspector General (or senior ethics official if there is no Inspector General) regarding the costs and contracting procedures related to each conference held by the entity during FY2015 for which the cost to the U.S. government exceeded $100,000. Requires each entity head, within 15 days of any conference costing the U.S. government during FY2015 more than $20,000, to notify its Inspector General or senior ethics official of the date, location, and number of employees attending the conference. Declares that a grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used to defray the costs of any such conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded. Prohibits the use of funds made available by this Act for travel and conference activities that are not in compliance with Office of Management and Budget (OMB) Memorandum M-12-12 dated May 11, 2012. (Sec. 421) Prohibits the use of funds made available by this Act to send or otherwise pay for the attendance of more than 50 employees of a single federal agency or department, who are stationed in the United States, at any single international conference occurring outside the United States unless the relevant Secretary reports to specified congressional committees at least 5 days in advance that such attendance is important to the national interest. Specifies that such an international conference involves representatives of the U.S. government and of foreign governments, international organizations, or nongovernmental organizations. (Sec. 422) Requires that any report a federal department or agency must submit to either congressional appropriations committee be posted on the department or agency public website 30 days after receipt by the committee. Exempts a report from this requirement if the posting would compromise national security or the report contains proprietary information. (Sec. 423) Requires federal departments funded by this Act to report by March 1 a detailed summary of its advertising in the prior fiscal year, including the total amount spent. (Sec. 424) Prohibits the use of funds made available by this Act to make bonus awards to contractors for work on projects that are behind schedule or over budget. (Sec. 425) Prohibits the use of funds under this Act for premium travel by a federal agency that did not provide a report on premium travel to the General Services Administration (GSA) in the prior fiscal year. (Sec. 426) Requires each federal department funded by this Act to report by March 2, 2015, on its efforts to address the duplication identified in the annual reports on duplication issued by the Government Accountability Office (GAO), along with legal barriers preventing the department's ability to further reduce duplication. (Sec. 427) Prohibits the use of funds made available by this Act to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an Energy Star or Federal Energy Management Program designation. (Sec. 428) Requires any federal agency or department funded by this Act to respond in a timely manner to any recommendation made to it by the GAO.
Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of transportation Office of the secretary Salaries and expenses For necessary expenses of the Office of the Secretary, $108,000,000, of which not to exceed $2,696,000 shall be available for the immediate Office of the Secretary; not to exceed $1,011,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $19,980,000 shall be available for the Office of the General Counsel; not to exceed $10,300,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $12,676,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,500,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $27,131,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $2,000,000 shall be available for the Office of Public Affairs; not to exceed $1,714,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,414,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,778,000 shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $15,800,000 shall be available for the Office of the Chief Information Officer: Provided Provided further Provided further Provided further Provided further Provided further Research and technology For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $13,500,000, of which $8,218,000 shall remain available until September 30, 2017: Provided Provided further National Infrastructure Investments For capital investments in surface transportation infrastructure, $550,000,000, to remain available through September 30, 2018: Provided Provided further Provided further chapter 6 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further chapter 31 Provided further Provided further Financial management capital For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2016. Cyber security initiatives For necessary expenses for cyber security initiatives, including necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls and identity management, testing and assessment of information technology against business, security, and other requirements, implementation of Federal cyber security initiatives and information infrastructure enhancements, implementation of enhanced security controls on network devices, and enhancement of cyber security workforce training tools, $5,000,000, to remain available through September 30, 2016. Office of civil rights For necessary expenses of the Office of Civil Rights, $9,600,000. Transportation planning, research, and development For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $6,000,000. Working capital fund For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $182,000,000 shall be paid from appropriations made available to the Department of Transportation: Provided Provided further Provided further Provided further Minority business resource center program For the cost of guaranteed loans, $333,000, as authorized by 49 U.S.C. 332: Provided Provided further In addition, for administrative expenses to carry out the guaranteed loan program, $592,000. Minority business outreach For necessary expenses of Minority Business Resource Center outreach activities, $3,099,000, to remain available until September 30, 2016: Provided Payments to air carriers (airport and airway trust fund) In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, $155,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided Provided further, section 41732(b)(3) Provided further Administrative provisions—office of the secretary of transportation 101. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. 102. The Secretary or his designee may engage in activities with States and State legislators to consider proposals related to the reduction of motorcycle fatalities. 103. Notwithstanding section 3324 Public Law 109–59 Provided 104. The Secretary shall post on the Web site of the Department of Transportation a schedule of all meetings of the Credit Council, including the agenda for each meeting, and require the Credit Council to record the decisions and actions of each meeting. Federal aviation administration Operations (airport and airway trust fund) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 108–176 Provided Provided further Provided further, Provided further, Public Law 108–176 Provided further, Provided further, Provided further, Provided further, Provided further Provided further, Provided further Provided further, Provided further, Provided further Facilities and equipment (airport and airway trust fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $2,473,700,000, of which $458,000,000 shall remain available until September 30, 2015, and $2,015,700,000 shall remain available until September 30, 2017: Provided Provided further Provided further Research, engineering, and development (airport and airway trust fund) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $156,750,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2017: Provided Grants-in-aid for airports (liquidation of contract authorization) (limitation on obligations) (airport and airway trust fund) (including transfer of funds) (including rescission) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 section 41743 section 44706 Provided section 47117(g) Provided further section 48112 Provided further Provided further Provided further section 47109(a) Provided further Office of the Secretary, Salaries and Expenses (Rescission) Any amounts made available for the fiscal year ending September 30, 2015, under section 48112 Administrative provisions—federal aviation administration 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2014. 111. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided below-market 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303 and any amount remaining in such account at the close of that fiscal year may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. 114. None of the funds in this Act shall be available for paying premium pay under sub section 5546(a) 115. None of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. The Secretary shall apportion to the sponsor of an airport that received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14 Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) an amount equal to the minimum apportionment specified in 49 U.S.C. 47114(c) 117. None of the funds in this Act may be obligated or expended for retention bonuses for an employee of the Federal Aviation Administration without the prior written approval of the Assistant Secretary for Administration of the Department of Transportation. 118. Subparagraph (D) of section 47124(b)(3) of title 49, United States Code, is amended by striking benefit. benefit, with the maximum allowable local cost share capped at 20 percent. 119. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator’s aircraft registration number from any display of the Federal Aviation Administration’s Aircraft Situational Display to Industry data that is made available to the public, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 119A. None of the funds in this Act shall be available for salaries and expenses of more than 9 political and Presidential appointees in the Federal Aviation Administration. 119B. None of the funds made available under this Act may be used to increase fees pursuant to section 44721 119C. None of the funds appropriated or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119D. None of the funds in this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full business days in advance. 119E. Section 916 of Public Law 112–95 Advanced Materials in Transport Aircraft Joint Advanced Materials and Structures 119F. Sub section 47109(c)(2) , except that at a non-hub airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government’s share shall be an average of the Government share applicable to any project in each of the States Federal highway administration Limitation on administrative expenses (Highway Trust Fund) (including transfer of funds) Not to exceed $426,100,000, together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration. In addition, not to exceed $3,248,000 shall be transferred to the Appalachian Regional Commission in accordance with section 104 Federal-aid highways (limitation on obligations) (highway trust fund) Funds available for the implementation or execution of programs of Federal-aid Highways and highway safety construction programs authorized under titles 23 and 49, United States Code, and the provisions of Public Law 112–141 Provided Provided further Provided further section 608 (Liquidation of contract authorization) (Highway Trust Fund) For the payment of obligations incurred in carrying out Federal-aid Highways and highway safety construction programs authorized under title 23, United States Code, $40,995,000,000 derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. Administrative provisions—federal highway administration 120. (a) For fiscal year 2015, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid Highways— (A) amounts authorized for administrative expenses and programs by section 104(a) (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid Highways and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid Highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid Highways 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 limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under the Moving Ahead for Progress in the 21st Century Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid Highways and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions From Obligation Limitation The obligation limitation for Federal-aid Highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid Highways programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 and 2014, but only in an amount equal to $639,000,000 for each of those fiscal years); and (13) section 119 of title 12, United States Code (but, for fiscal year 2015, only in an amount equal to $639,000,000). (c) Redistribution of Unused Obligation Authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 (d) Applicability of Obligation Limitations to Transportation Research Programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid Highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 (B) division E of the Moving Ahead for Progress in the 21st Century Act. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid Highways and highway safety construction programs for future fiscal years. (e) Redistribution of Certain Authorized Funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 (A) are authorized to be appropriated for such fiscal year for Federal-aid Highways programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 Provided 122. Not less than 15 days prior to waiving, under his statutory authority, any Buy America requirement for Federal-aid Highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided 123. None of the funds in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 604 Provided 124. From the unobligated balances of funds apportioned among the States prior to October 1, 2012, under sections 104(b) of title 23, United States Code (as in effect on the day before the date of enactment of Public Law 112–141 Provided Public Law 112–141 Public Law 109–59 Public Law 112–141 Provided further Provided further section 104(a) Federal motor carrier safety administration Motor carrier safety operations and programs (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31104(i) Public Law 109–59 Public Law 112–141 Provided Motor Carrier Safety Operations and Programs Provided further Public Law 112–141 Public Law 112–141 Provided further Public Law 112–141 Motor Carrier Safety Operations and Programs Provided further Provided further Provided further National Motor Carrier safety (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Of the unobligated contract authority provided in the Transportation Equity Act for the 21st Century (Public Law 105–178) or other appropriation or authorization acts for the national motor carrier safety program, $8,300,000 shall be made available to augment funding to execute the Federal Motor Carrier Safety Administration’s Capital Improvement Plan for border facilities and field offices, including physical information technology infrastructure: Provided Motor carrier safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59 Public Law 112–141 Provided Motor Carrier Safety Grants Provided further ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public Law 107–87 Public Law 110–28 131. None of the funds limited or otherwise made available under the heading Motor Carrier Safety Operations and Programs 132. None of the funds limited or otherwise made available under this Act shall be used by the Secretary to enforce any regulation prohibiting a State from issuing a commercial learner’s permit to individuals under the age of eighteen if the State had a law authorizing the issuance of commercial learners permits to individuals under eighteen years of age as of May 9, 2011. 133. (a) Temporary Suspension of Enforcement None of the funds appropriated or otherwise made available by this Act or any other Act shall be used to enforce sections 395.3(c) 395.3(d) (b) Public Notification As soon as possible after the date of the enactment of this Act, the Secretary of Transportation shall publish a Notice in the Federal Register and on the Federal Motor Carrier Safety Administration website announcing that the provisions in the rule referred to in subsection (a) shall have no force or effect from the date of enactment of this Act through September 30, 2015, and the restart rule in effect on June 30, 2013, shall immediately be in effect. (c) Commercial Motor Vehicle (CMV) Driver Restart Study Within 90 days of enactment of this Act, the Secretary shall initiate a naturalistic study of the operational, safety, health and fatigue impacts of the restart provisions in sections 395.3(c) 395.3(d) (1) compare the work schedules and assess operator fatigue between the following two groups of commercial motor vehicle drivers, each large enough to produce statistically significant results: (A) commercial motor vehicle drivers who operate under such provisions, in effect between July 1, 2013, and the day before the date of enactment of this Act, and (B) commercial motor vehicle drivers who operate under the provisions as in effect on June 30, 2013. (2) compare, at a minimum, the 5-month work schedules and assess safety critical events (crashes, near crashes and crash-relevant conflicts) and operator fatigue between the following two groups of commercial motor vehicle drivers, from a statistically significant sample of drivers comprised of fleets of all sizes, including long-haul, regional and short-haul operations in various sectors of the industry, including flat-bed, refrigerated, tank, and dry-van, to the extent practicable; (3) assess drivers’ safety critical events, fatigue and levels of alertness and driver health outcomes by using both electronic and captured record of duty status, including the Psychomotor Vigilance Test (PVT), e-logging data, actigraph watches and cameras or other on-board monitoring systems that record or measure safety critical events and driver alertness; (4) utilize data from electronic logging devices, consistent to the extent practicable, with the anticipated requirements for such devices in section 31137(b) section 31137(e) (5) include the development of an initial study plan and final report, each of which shall be subject to an independent peer review panel of individuals with relevant medical and scientific expertise. (d) Department of Transportation Office of Inspector General Review Prior to the study required under this subsection commencing, the Secretary shall submit a plan outlining the scope and methodology for the study to the Department of Transportation Inspector General within 60 days of enactment of this Act. (1) Within 30 days of receiving the plan, the Office of Inspector General shall review and comment on the plan, including whether it includes— (A) a sufficient number of drivers participating to produce statistically significant results and consistent with subsection (c)(2); (B) an assessment of whether the technologies being used to assess the operational, safety and fatigue components of the study are reliable and will produce consistent and valid results; (C) appropriate performance measures to properly evaluate the study outcomes; and (D) assess the selection of the independent review panel under subsection (c)(5). (2) The Office of Inspector General shall report its findings, conclusions and recommendations to the Secretary and to the House and Senate Committees on Appropriations within 30 days of receipt of the plan. (e) Reporting Requirements The Secretary shall submit a final report on the findings and conclusions of the study and the Department’s recommendations on whether the provisions in effect on July 1, 2013, provide a greater net benefit for the operational, safety, health and fatigue impacts of the restart provisions to the Inspector General within 210 days of receiving the Office of the Inspector General report required in subsection (d)(2). (1) Within 60 days of receipt of the Secretary’s findings and recommendations in subsection (e), the Inspector General shall report to the Secretary and the House and Senate Committees on Appropriations on the study’s compliance with the requirements outlined under subsection (c). (2) Upon submission of the Office of the Inspector General report in paragraph (1), the Secretary shall submit its report to the House and Senate Committees on Appropriations and make the report publically available on its website. (f) Certification The Secretary of Transportation shall certify in writing in a manner addressing the Inspector General's findings and recommendations in subsection (d)(1) and (e)(1) of this section that the Secretary has met the requirements as described in section (c) and (d). (g) Paperwork reduction act exception The study and the Office of the Inspector General reviews shall not be subject to section 3506 or 3507 of title 44, United States Code. National highway traffic safety administration Operations and research For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $134,500,000, of which $20,000,000 shall remain available through September 30, 2016. Operations and research (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403 chapter 303 Provided chapter 303 Provided further Provided further 23 U.S.C. 403 chapter 303 Highway traffic safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out provisions of 23 U.S.C. 402 and 405, section 2009 of Public Law 109–59, as amended by Public Law 112–141 Provided Public Law 109–59 Public Law 112–141 Highway Safety Programs 23 U.S.C. 402 National Priority Safety Programs 23 U.S.C. 405 High Visibility Enforcement Program Public Law 109–59 Public Law 112–141 Administrative Expenses Provided further Provided further National Priority Safety Programs Impaired Driving Countermeasures Provided further Transfers Provided further 23 U.S.C. 405(a)(1)(G) Administrative provisions—national highway traffic safety administration 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act shall be used to implement section 404 Federal railroad administration Safety and operations For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $191,250,000, of which $15,400,000 shall remain available until expended. Railroad research and development For necessary expenses for railroad research and development, $40,730,000, to remain available until expended. Railroad rehabilitation and improvement financing program The Secretary of Transportation is authorized to issue direct loans and loan guarantees pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 Provided Grants to the National Railroad Passenger Corporation To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation as authorized by the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 such law Provided Provided further Provided further Provided further Provided further section 24905 Provided further Administrative provisions—federal railroad administration 150. Hereafter, notwithstanding any other provision of law, funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. For purposes of this section, the word services 151. The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program. 152. The amounts available to the National Railroad Passenger Corporation for the operation of intercity passenger rail shall be available for distribution by the Secretary only after receiving and reviewing a grant request for each specific train route accompanied by a detailed financial analysis, revenue projection, and capital asset plan justifying the Federal support to the Secretary's satisfaction. 153. None of the funds provided to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided Provided further Federal transit administration Administrative expenses For necessary administrative expenses of the Federal Transit Administration’s programs authorized by chapter 53 Provided Provided further Transit formula grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 Public Law 112–141 Public Law 112–141 Provided 49 U.S.C. 5305 Public Law 112–141 Public Law 112–141 Transit research For necessary expenses to carry out 49 U.S.C. 5312 and 5313, $33,000,000, to remain available until expended: Provided Technical Assistance and Training For necessary expenses to carry out 49 U.S.C. 5314 and 5322(a), (b) and (e), $5,500,000, to remain available until expended: Provided 49 U.S.C. 5322(a) Capital investment grants For necessary expenses to carry out 49 U.S.C. 5309, $2,161,000,000, to remain available until expended. Grants to the washington metropolitan area transit authority For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of Public Law 110–432 Provided Provided further Provided further Provided further Public Law 110–432 Administrative provisions—federal transit administration 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the Federal Transit Administration's discretionary program appropriations headings for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2019, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2014, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section. 163. Hereafter, the Secretary may not enforce regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with part 604, and then was subsequently granted an exception from said part. 164. For purposes of applying the project justification and local financial commitment criteria of 49 U.S.C. 5309(d) 165. In developing guidance implementing 49 U.S.C. 5309(i) Program of Interrelated Projects, the Secretary shall consider projects eligible under section 5309(h) Small Starts Projects, including streetcars. 166. New bus rapid transit projects recommended in the President's budget submission to the Congress of the United States for funds appropriated under the heading Capital investment grants Provided Saint lawrence seaway development corporation The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. Operations and maintenance (harbor maintenance trust fund) For necessary expenses to conduct the operations, maintenance, and capital asset renewal activities of those portions of the St. Lawrence Seaway owned, operated, and maintained by the Saint Lawrence Seaway Development Corporation, $31,500,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662 Maritime administration Maritime security program For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $186,000,000, to remain available until expended. Operations and training For necessary expenses of operations and training activities authorized by law, $149,900,000, of which $11,300,000 shall remain available until expended for maintenance and repair of training ships at State Maritime Academies, and of which $2,400,000 shall remain available through September 30, 2016, for the Student Incentive Program at State Maritime Academies, and of which $1,200,000 shall remain available until expended for training ship fuel assistance payments, and of which $15,954,000 shall remain available until expended for facilities maintenance and repair, equipment, and capital improvements at the United State Merchant Marine Academy, and of which $3,000,000 shall remain available through September 16, 2016, for Maritime Environment and Technology Assistance grants and cooperative agreement: Provided Provided further Provided further Provided further Public Law 110–417 Provided further Ship disposal For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $4,800,000, to remain available until expended. Maritime guaranteed loan (title xi) program account (including transfer of funds) For the cost of guaranteed loans, as authorized, $7,100,000, of which $4,000,000 shall remain available until expended: Provided Provided further Operations and Training, Maritime Administration Administrative provisions—maritime administration 170. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided Provided further Pipeline and hazardous materials safety administration Operational expenses (pipeline safety fund) (including transfer of funds) For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $22,225,000: Provided Pipeline Safety Pipeline Safety Information Grants to Communities Hazardous materials safety For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $52,000,000, of which $7,000,000 shall remain available until September 30, 2017: Provided Provided further Pipeline safety (pipeline safety fund) (oil spill liability trust fund) (pipeline safety design review fund) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107 Emergency preparedness grants (emergency preparedness fund) For necessary expenses to carryout 49 U.S.C. 5128(b), $188,000 to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2016: Provided 49 U.S.C. 5116 Provided further 49 U.S.C. 5116(i) Provided further 49 U.S.C. 5128(b) Administrative Provisions—Pipeline and Hazardous Materials Safety Administration 180. Subsection (i)(4) of section 5116 of title 49, United States Code, is amended by striking 2 percent 4 percent 181. Notwithstanding section 60117(n)(1)(B) of title 49, United States Code, the Secretary may require the person proposing any project with design and construction costs over $2,500,000,000 for the construction, expansion, or operation of a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility to pay the costs incurred by the Secretary relating to a facility design safety review. 182. The Secretary is directed to initiate a rulemaking or alternative risk-based compliance regime for the siting of small-scale liquefaction facilities that generate and package liquefied natural gas for use as a transportation fuel for domestic delivery via non-pipeline means. The rulemaking or alternative risk-based compliance regime should incorporate the 2013 National Fire Protection Association Standard 59A and industry best practices while ensuring appropriate public safety protections. Office of inspector general Salaries and expenses For necessary expenses of the Office of the Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $86,223,000: Provided 5 U.S.C. App. 3 18 U.S.C. 1001 Provided further section 41712 Surface transportation board Salaries and expenses For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109 Provided Provided further General provisions—Department of transportation 190. During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 191. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109 192. None of the funds in this Act shall be available for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation: Provided 193. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1) (b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. 194. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways Technical Assistance and Training Safety and Operations 195. None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive a discretionary grant award, any discretionary grant award, letter of intent, or full funding grant agreement is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; (3) any program of the Federal Railroad Administration; (4) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs; (5) any program of the Maritime Administration; or (6) any funding provided under the headings National Infrastructure Investments Provided quick release Provided further 196. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 197. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available— (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Improper Payments Information Act of 2002: Provided (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available: Provided further (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further Provided further improper payments 198. Notwithstanding any other provision of law, if any funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the Committees on Appropriations, and said reprogramming action shall be approved or denied solely by the Committees on Appropriations: Provided 199. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board of the Department of Transportation to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 199A. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable modal administration or administrations. 199B. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 This title may be cited as the Department of Transportation Appropriations Act, 2015 II Department of housing and urban development Management and administration Executive offices For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $14,700,000: Provided Administrative support offices For necessary salaries and expenses for Administrative Support Offices, $519,867,000, of which not to exceed $48,000,000 shall be available for the Office of the Chief Financial Officer; not to exceed $94,640,000 shall be available for the Office of the General Counsel; not to exceed $198,800,000 shall be available for the Office of Administration; not to exceed $58,000,000 shall be available for the Office of the Chief Human Capital Officer; not to exceed $51,135,000 shall be available for the Office of Field Policy and Management; not to exceed $16,330,000 shall be available for the Office of the Chief Procurement Officer; not to exceed $3,202,000 shall be available for the Office of Departmental Equal Employment Opportunity; not to exceed $4,560,000 shall be available for the Office of Strategic Planning and Management; and not to exceed $45,200,000 shall be available for the Office of the Chief Information Officer: Provided 5 U.S.C. 5901–5902 Provided further, Provided further, Provided further, Program office salaries and expenses Public and indian housing For necessary salaries and expenses of the Office of Public and Indian Housing, $205,525,000. Community planning and development For necessary salaries and expenses of the Office of Community Planning and Development, $103,300,000. Housing For necessary salaries and expenses of the Office of Housing, $386,677,000, of which at least $9,000,000 shall be for the Office of Risk and Regulatory Affairs. Policy development and research For necessary salaries and expenses of the Office of Policy Development and Research, $22,300,000. Fair housing and equal opportunity For necessary salaries and expenses of the Office of Fair Housing and Equal Opportunity, $69,700,000. Office of lead hazard control and healthy homes For necessary salaries and expenses of the Office of Lead Hazard Control and Healthy Homes, $7,075,000. Public and indian housing Rental Assistance Demonstration For continuing activities under the heading Rental Assistance Demonstration Public Law 112–55 Provided Tenant-based rental assistance For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. the Act Provided (1) $17,719,000,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further (2) $130,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOPE VI and Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 Provided Provided further Provided further Provided further 42 U.S.C. 1437f(t) Provided further Provided further Provided further Public Law 110–329 (3) $1,555,000,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $10,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, Veterans Affairs Supportive Housing vouchers, and other special purpose incremental vouchers: Provided Public Law 105–276 Provided further Provided further Provided further (4) $83,160,000 for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided (5) $75,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further (6) The Secretary shall separately track all special purpose vouchers funded under this heading. Housing certificate fund Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing Project-Based Rental Assistance Provided Provided further Public housing capital fund For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) (the Act Provided Provided further obligate Provided further Provided further Provided further 42 U.S.C. 5121 et seq. Provided further Provided further 42 U.S.C. 1437z–6 25 U.S.C. 4101 et seq. Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Public housing operating fund For 2015 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) Choice neighborhoods initiative For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v Provided Provided further, Provided further, Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Revitalization of Severely Distressed Public Housing (HOPE VI) Family self-sufficiency For the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937, to promote the development of local strategies to coordinate the use of assistance under sections 8(o) and 9 of such Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency, $75,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Provided further the Act Provided further Provided further Provided further Native american housing block grants For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) ( 25 U.S.C. 4111 et seq. Provided Provided further 25 U.S.C. 4212 Provided further Provided further Provided further Provided further Native hawaiian housing block grant For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain available until September 30, 2019: Provided Indian housing loan guarantee fund program account For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a Provided Provided further Provided further Native hawaiian housing loan guarantee fund program account For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b Provided Provided further Community planning and development Housing opportunities for persons with AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. Provided Provided further Community development fund For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes, $3,090,000,000, to remain available until September 30, 2017, unless otherwise specified: Provided Act 42 U.S.C. 5301 et seq. Provided further Provided further Provided further Provided further Provided further Provided further Community development loan guarantees program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2015, commitments to guarantee loans under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 Provided Home investment partnerships program For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $950,000,000, to remain available until September 30, 2018: Provided Provided further Full-Year Continuing Appropriations Act, 2013 Home Investment Partnerships Program; Improving Performance and Accountability; Updating Property Standards Provided further Self-help and assisted homeownership opportunity program For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended, $50,000,000, to remain available until September 30, 2017: Provided Provided further 42 U.S.C. 9816 Provided further Homeless assistance grants For the emergency solutions grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the continuum of care program as authorized under subtitle C of title IV of such Act; and the rural housing stability assistance program as authorized under subtitle D of title IV of such Act, $2,145,000,000, to remain available until September 30, 2017: Provided Provided further, Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Housing programs Project-based rental assistance For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. the Act Provided 42 U.S.C. 11401 12 U.S.C. 1701q Provided further 42 U.S.C. 1437(f) Provided further 12 U.S.C. 1715z–1(a) 12 U.S.C. 1701q Public Law 86–372 Public Law 86–372 Provided further Annual Contributions for Assisted Housing Housing Certificate Fund Provided further Provided further Housing for the elderly For amendments to capital advance contracts for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for senior preservation rental assistance contracts, as authorized by section 811(e) of the American Housing and Economic Opportunity Act of 2000, as amended, and for supportive services associated with the housing, $420,000,000, to remain available until September 30, 2018: Provided Provided further Provided further Provided further Housing for persons with disabilities For amendments to capital advance contracts for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided Provided further Provided further Provided further Housing counseling assistance For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $49,000,000, to remain available until September 30, 2016, including up to $4,500,000 for administrative contract services: Provided Provided further Rental housing assistance For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s 12 U.S.C. 1715z–1 Provided Payment to manufactured housing fees trust fund For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. Provided Provided further Provided further Provided further Provided further Federal housing administration Mutual mortgage insurance program account New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Provided further Provided further General and special risk program account (including rescission) New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $30,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2016: Provided Provided further Government national mortgage association Guarantees of mortgage-backed securities loan guarantee program account New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed $500,000,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Policy development and research Research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. Provided Provided further Provided further Public Law 109–282 Fair housing and equal opportunity Fair housing activities For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $66,000,000, to remain available until September 30, 2016, of which $40,600,000 shall be to carry out activities pursuant to such section 561: Provided Provided further Provided further Office of lead hazard control and healthy homes Lead hazard reduction For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $110,000,000, to remain available until September 30, 2016: Provided Provided further 42 U.S.C. 4321 et seq. Provided further Provided further Provided further Provided further Information Technology fund For the development of, modifications to, and infrastructure for Department-wide and program-specific information technology systems, for the continuing operation and maintenance of both Department-wide and program-specific information systems, and for program-related maintenance activities, $250,000,000, which shall remain available until September 30, 2016: Provided Provided further Provided further Office of inspector general For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $129,000,000: Provided Transformation Initiative (including transfer of funds) Of the amounts made available in this Act under each of the following headings under this title, the Secretary may transfer to, and merge with, this account up to 0.5 percent from each such account, and such transferred amounts shall be available until September 30, 2017, for (1) research, evaluation, and program metrics; (2) program demonstrations; and (3) technical assistance and capacity building: Choice Neighborhoods Initiative Community Development Fund Fair Housing Activities Family Self-Sufficiency HOME Investment Partnerships Program Self-Help and Assisted Homeownership Opportunity Program Housing Counseling Assistance Housing for Persons with Disabilities Housing for the Elderly Housing Opportunities for Persons with AIDS Lead Hazard Reduction Mutual Mortgage Insurance Program Account Native American Housing Block Grants Native Hawaiian Housing Block Grant Project-Based Rental Assistance Public Housing Capital Fund Public Housing Operating Fund Rental Assistance Demonstration Rental Housing Assistance Tenant-Based Rental Assistance Provided Provided further Provided further Provided further General provisions—Department of housing and urban development (including transfer of funds) (including rescissions) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437 202. None of the amounts made available under this Act may be used during fiscal year 2015 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Sections 203 and 209 of division C of Public Law 112–55 fiscal year 2015 fiscal year 2011 fiscal year 2012 204. Except as otherwise explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 205. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 206. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 207. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2015 for such corporation or agency except as hereinafter provided: Provided 208. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 209. The President’s formal budget request for fiscal year 2016, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the Committees on Appropriations of the House of Representatives and the Senate, shall use the identical account and sub-account structure provided under this Act. 210. A public housing agency or such other entity that administers Federal housing assistance for the Housing Authority of the county of Los Angeles, California, and the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 for the Housing Authority of the county of Los Angeles, California and the States of Alaska, Iowa and Mississippi that chooses not to include a resident of public housing or a recipient of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than six residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly. 211. No funds provided under this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 212. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2015 and 2016, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (b) Phased Transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under subsection (c). (c) The transfer authorized in subsection (a) is subject to the following conditions: (1) Number and bedroom size of Units (A) For occupied units in the transferring project: the number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (B) For unoccupied units in the transferring project: the Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable. (3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (6) The Secretary determines that this transfer is in the best interest of the tenants. (7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. (9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974, as amended) of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such increased cost. (d) For purposes of this section— (1) the terms low-income very low-income (2) the term multifamily housing project (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzales National Affordable Housing Act; (D) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act; or (F) housing or vacant land that is subject to a use agreement; (3) the term project-based assistance (A) assistance provided under section 8(b) of the United States Housing Act of 1937; (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965; (D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act; (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959; and (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act; (4) the term receiving project or projects (5) the term transferring project (6) the term Secretary (e) Public Notice and Research Report (1) The Secretary shall publish by notice in the Federal Register the terms and conditions, including criteria for HUD approval, of transfers pursuant to this section no later than 30 days before the effective date of such notice. (2) The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties. 213. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(3)(E) (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 20 U.S.C. 1002 214. The funds made available for Native Alaskans under the heading Native American Housing Block Grants 215. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z–20(g)), the Secretary of Housing and Urban Development may, until September 30, 2015, insure and enter into commitments to insure mortgages under such section 255. 216. Notwithstanding any other provision of law, in fiscal year 2015, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 or other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. To the extent the Secretary determines, in consultation with the tenants and the local government, that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA 217. Section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 (1) in subsection (a) by inserting States on behalf of non-entitlement communities, issued by eligible public entities, (2) by striking subsection (k) and inserting the following: (k) The Secretary shall monitor the use by eligible public entities and States of commitment amounts authorized in appropriation Acts for any fiscal year. If the Secretary finds that 50 percent of the annual commitment amount has been committed, the Secretary may impose a limitation on the amount of guarantees any one entity may receive in any fiscal year of $35,000,000 for units of general local government receiving grants under section 106(b) or States receiving grants under section 106(d) and $7,000,000 for units of general local government receiving grants under section 106(d); or request the enactment of legislation increasing the annual commitment authority for guarantees under this section. ; and (3) by striking subsection (m) and inserting the following new subsection: (m) Distribution of funds to local governments in non-entitlement areas Any State receiving a guarantee or commitment on behalf of non-entitlement areas shall distribute all funds that are subject to such guarantee to the units of general local government in non-entitlement areas that received the commitment. . 218. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development in connection with the operating fund rule: Provided 219. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) 42 U.S.C. 1437g(g)(1) Provided 220. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD sub-office under the accounts Executive Offices Administrative Support Offices, Program Office Salaries and Expenses Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account Office of Inspector General 221. The Secretary of Housing and Urban Development shall report annually to the House and Senate Committees on Appropriations on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. The Secretary shall identify all existing units maintained by region as section 8 project-based units, all project-based units that have opted out or have otherwise been eliminated, and the reasons these units opted out or otherwise were lost as section 8 project-based units. 222. The Secretary of the Department of Housing and Urban Development shall, for fiscal year 2015 and subsequent fiscal years, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2015 and subsequent fiscal years, the Secretary may make the NOFA available only on the Internet at the appropriate Government Web site or through other electronic media, as determined by the Secretary. 223. Payment of attorney fees in program-related litigation must be paid from the individual program office and Office of General Counsel personnel funding. The annual budget submissions for program offices and Office of General Counsel personnel funding must include program-related litigation costs for attorney fees as a separate line item request. 224. The Secretary of the Department of Housing and Urban Development is authorized to transfer up to 5 percent or $5,000,000, whichever is less, of the funds appropriated for any office funded under the heading Administrative Support Offices Provided Administrative Support Offices Provided further Program Office Salaries and Expenses Provided further Program Office Salaries and Expenses Provided further Administrative Support Offices Program Office Salaries and Expenses 225. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall be considered a program of the Department of Housing and Urban Development 226. (a) The Secretary of Housing and Urban Development shall take the required actions under subsection (b) when a multifamily housing project with a section 8 contract or contract for similar project-based assistance: (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or (2) receives a REAC score between 31 and 59 and: (A) fails to certify in writing to HUD within 60 days that all deficiencies have been corrected; or (B) receives consecutive scores of less than 60 on REAC inspections. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the united States housing Act of 1937 ( 42 U.S.C. 1437f (b) The Secretary shall take the following required actions as authorized under subsection (a)— (1) The Secretary shall notify the owner and provide an opportunity for response within 30 days. If the violations remain, the Secretary shall develop a Compliance, Disposition and Enforcement Plan within 60 days, with a specified timetable for correcting all deficiencies. The Secretary shall provide notice of the Plan to the owner, tenants, the local government, any mortgagees, and any contract administrator. (2) At the end of the term of the Compliance, Disposition and Enforcement Plan, if the owner fails to fully comply with such plan, the Secretary may require immediate replacement of project management with a management agent approved by the Secretary, and shall take one or more of the following actions, and provide additional notice of those actions to the owner and the parties specified above: (A) impose civil money penalties; (B) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (C) pursue transfer of the project to an owner, approved by the Secretary under established procedures, which will be obligated to promptly make all required repairs and to accept renewal of the assistance contract as long as such renewal is offered; or (D) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies. (c) The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other remedies set forth above. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA (1) The enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identify properties that have such conditions multiple times; and (2) Actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties. 227. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. 228. Section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v (1) in subsection (m)(1), by striking fiscal year fiscal year 2015. (2) in subsection (o), by striking September September 30, 2015. 229. Of the amounts made available for salaries and expenses under all accounts under this title (except for the Office of Inspector General account), a total of up to $10,000,000 may be transferred to and merged with amounts made available in the Information Technology Fund 230. None of the funds in this Act may be available for the doctoral dissertation research grant program at the Department of Housing and Urban Development. 231. The language under the heading Rental Assistance Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 ( Public Law 112–55 (1) by striking (except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act) (2) in the second proviso, by striking 2015 2018 (3) in the third proviso, after associated with such conversion in excess of amounts made available under this heading (4) in the fourth proviso, by striking 60,000 185,000 (5) in the penultimate proviso, by— (A) striking December 31, 2014 2016 (B) striking and agreement of the administering public housing agency (C) inserting a long-term project-based subsidy contract under section 8 of the Act, which shall have a term of no less than 20 years, with rent adjustments only by an operating cost factor established by the Secretary, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f vouchers to assistance under (6) by inserting the following provisos before the final proviso: Provided further Rental Housing Assistance Provided further Provided further Rental Housing Assistance Tenant-Based Rental Assistance Project-Based Rental Assistance Project-Based Rental Assistance (7) in the final proviso, by— (A) striking with respect to the previous proviso with respect to the previous four provisos (B) striking impact of the previous proviso impact of the fiscal year 2012 and 2013 conversion of tenant protection vouchers to assistance under section 8(o)(13) of the Act 232. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices. 233. Section 579 of the Multifamily Assisted Housing Reform and Affordability Act (MAHRA) of 1997 (42 U.S.C. 1437f note) is amended by striking October 1, 2015 October 1, 2018 234. Section 9 of the United States Housing Act or 1937 ( 42 U.S.C. 1437g (a) Inserting at the end of subjection (j)— (7) Treatment of Replacement Reserve The requirements of this subsection shall not apply to funds held in replacement reserves established in subsection (9)(n). ; and (b) Inserting at the end of subsection (m)— (n) Establishment of replacement reserves (1) In general Public Housing authorities shall be permitted to establish a Replacement Reserve to fund any of the capital activities listed in subparagraph (d)(1). (2) Source and amount of funds for replacement reserve At any time, a public housing authority may deposit funds from that agency’s Capital Fund into a Replacement Reserve subject to the following: (A) At the discretion of the Secretary, PHAs may be allowed to transfer and hold in a Replacement Reserve, funds originating from additional sources. (B) No minimum transfer of funds to a Replacement Reserve shall be required. (C) At any time, a public housing authority may not hold in a Replacement Reserve more than the amount the public housing authority has determined necessary to satisfy the anticipated capital needs of properties in its portfolio assisted under 42 U.S.C. 1437g as outlined in its Capital Fund 5 Year Action Plan, or a comparable plan, as determined by the Secretary. (D) The Secretary may establish by regulation a maximum replacement reserve level or levels that are below amounts determined under subparagraph (C), which may be based upon the size of the portfolio assisted under 42 U.S.C. 1437g or other factors. (3) In first establishing a replacement reserve, the Secretary may allow public housing agencies to transfer more than 20 percent of its operating funds into its replacement reserve. (4) Expenditure Funds in a Replacement Reserve may be used for purposes authorized by subparagraph (d)(1) and contained in its Capital Fund 5 Year Action Plan. (5) Management and report The Secretary shall establish appropriate accounting and reporting requirements to ensure that public housing agencies are spending funding on eligible projects and that funding in the reserve is connected to capital needs. . 235. Section 9(g)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g) (1) inserting (A) (2) by striking the period and inserting the following at the end: ; and (3) insert the following new paragraph: (B) Flexibility for operating fund amounts Of any amounts appropriated for fiscal year 2015 or any fiscal year thereafter that are allocated for fiscal year 2015 or any fiscal year thereafter from the Operating Fund for any public housing agency, the agency may use not more than 20 percent for activities that are eligible under subsection (d) for assistance with amounts from the Capital Fund, but only if the public housing plan for the agency provides for such use. . 236. (a) Subsection (b) of section 225 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12755 Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law). (b) Section 104(6) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 In the case of an organization funded by the State under title II of this Act, the organization may serve all counties within the State. 237. (a) Establishment The Secretary of Housing and Urban Development (referred to in this section as the Secretary (1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)). (b) Requirements (1) Payments contingent on savings (A) In general The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B). (B) Payment methodology (i) In general Each agreement under this section shall include a pay-for-success provision— (I) that will serve as a payment threshold for the term of the agreement; and (II) pursuant to which the Department of Housing and Urban Development shall share a percentage of the savings at a level determined by the Secretary that is sufficient to cover the administrative costs of carrying out this section. (ii) Limitations A payment made by the Secretary under an agreement under this section shall— (I) be contingent on documented utility savings; and (II) not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement. (C) Third party verification Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least— (i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established preretrofit; (ii) annual third party confirmation of actual utility consumption and cost for owner-paid utilities; (iii) annual third party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and (iv) annual third party determination of savings to the Secretary. (2) Term The term of an agreement under this section shall be not longer than 12 years. (3) Entity eligibility The Secretary shall— (A) establish a competitive process for entering into agreements under this section; and (B) enter into such agreements only with entities that demonstrate significant experience relating to— (i) financing and operating properties receiving assistance under a program described in subsection (a); (ii) oversight of energy and water conservation programs, including oversight of contractors; and (iii) raising capital for energy and water conservation improvements from charitable organizations or private investors. (4) Geographical diversity Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. (c) Plan and Reports (1) Plan Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed plan for the implementation of this section. (2) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall— (A) conduct an evaluation of the program under this section; and (B) submit to Congress a report describing each evaluation conducted under subparagraph (A). (d) Funding For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a). 238. Section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 (1) in subsection (b)(1) after new dwellings or the rehabilitation of existing dwellings (2) in subsection (b)(2) after new or rehabilitated (3) in subsection (d)(1) after dwellings or rehabilitating existing dwellings to make them decent, safe and sanitary (4) in subsection (d)(2) by inserting at the end the following new subparagraph: (C) Planning, administration, and management Planning, administration, and management of grant programs and activities, provided that such expenses do not exceed 20 percent of any grant made under this section. ; (5) in subsection (i)(5) by— (A) striking 24 36 (B) striking except that such grant amounts (6) in subsection (j) by— (A) inserting after the heading (1) Redistribution of funds. (B) striking 24 36 (C) striking (or, in the case within 36 months) (D) inserting at the end the following new paragraph: (2) Deadline for completion and conveyance The Secretary shall establish a deadline (which may be extended for good cause as determined by the Secretary) by which time all units that have been assisted with grant funds under this section must be completed and conveyed. . (7) by striking subsection (q). 239. Section 184(h)(1)(B) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(h)(1)(B)) is amended by inserting after the first sentence the following: Exhausting all reasonable possibilities of collection by the holder of the guarantee shall include a good faith consideration of loan modification as well as meeting standards for servicing loans in default, as determined by the Secretary. 240. Section 202 of the National Housing Act (12 U.S.C. 1708) is amended by adding at the end the following new subsection: (i) Administration Notwithstanding any provision of law, and in addition to any other fees charged in connection with the provision of insurance under this title, in each fiscal year the Secretary may charge and collect a fee not to exceed 4 basis points of the original principal balance of mortgages originated by the mortgagee that were insured under this title during the previous fiscal year. Such fee collected from each mortgagee shall be used as offsetting collections for part of the administrative contract expenses funding and any necessary salaries and expenses funding provided under the Mutual Mortgage Insurance Program Account under this title. The Secretary may establish the amount of such fee through regulations, notice, Mortgagee Letter, or other administrative issuance. . 241. Paragraph (1) of section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437 (1) by inserting (A) (2) by striking the fourth, seventh, eighth, and ninth sentences; and (3) by adding at the end the following: (B) Publication of fair market rentals Not less than annually: (i) The Secretary shall publish a notice in the Federal Register that proposed fair market rentals for an area have been published on the site of the Department on the Internet and in any other manner specified by the Secretary. Such notice shall describe proposed material changes in the methodology for estimating fair market rentals and shall provide reasonable time for public comment. (ii) The Secretary shall publish a notice in the Federal Register that final fair market rentals have been published on the site of the Department on the internet and in any other manner specified by the Secretary. Such notice shall include the final decisions regarding proposed substantial methodological changes for estimating fair market rentals and responses to public comments. . 242. Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under the heading “Brownfields Redevelopment”, $2,913,000 is hereby permanently rescinded: Provided Rural Housing and Economic Development Provided further Drug Elimination Grants for Low Income Housing Provided further 243. Such sums as may be necessary to implement the Homeowners Armed With Knowledge pilot shall be absorbed within the levels appropriated in this act. 244. Section 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x (j) Financial assistance For purposes of this section, the Secretary may enter into multiyear agreements as is appropriate, subject to the availability of annual appropriations. . 245. Section 526 ( 12 U.S.C. 1735f–4 (c) The Secretary may establish an exception to any minimum property standard established under this section in order to address alternative water systems, including cisterns, which meet requirements of State and local building codes that ensure health and safety standards. 246. Notwithstanding section 106(c)(4) of the Housing and Community Development Act of 1974, the Secretary additionally shall provide assistance pursuant to such section to any State for use by any nonentitlement area of any such State in which there was a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in 2014: Provided This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2015 III Related agencies Access board Salaries and expenses For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $7,548,000: Provided Federal maritime commission Salaries and expenses For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 307 31 U.S.C. 1343(b) 5 U.S.C. 5901–5902 Provided Provided further National railroad passenger corporation Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $23,499,000: Provided 5 U.S.C. App. 3 18 U.S.C. 1001 Provided further Provided further Provided further National transportation safety board Salaries and expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109 5 U.S.C. 5901–5902 Neighborhood reinvestment corporation Payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), $136,600,000, of which $5,000,000 shall be for a multi-family rental housing program: Provided (1) The Neighborhood Reinvestment Corporation ( NRC (2) Mortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of activities that are likely to prevent foreclosures and result in the long-term affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds made available under this paragraph may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments. (3) The use of mortgage foreclosure mitigation assistance by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower's financial situation, an evaluation of the current value of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non-Federal party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and advice of all likely restructuring and refinancing strategies or the approval of a work-out strategy by all interested parties. (4) NRC may provide up to 15 percent of the total funds under this paragraph to its own charter members with expertise in foreclosure prevention counseling, subject to a certification by the NRC that the procedures for selection do not consist of any procedures or activities that could be construed as a conflict of interest or have the appearance of impropriety. (5) HUD-approved counseling entities and State Housing Finance Agencies receiving funds under this paragraph shall have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delinquency, and foreclosure, as well as documented counseling capacity, outreach capacity, past successful performance and positive outcomes with documented counseling plans (including post mortgage foreclosure mitigation counseling), loan workout agreements, and loan modification agreements. NRC may use other criteria to demonstrate capacity in underserved areas. (6) Of the total amount made available under this paragraph, up to $2,500,000 may be made available to build the mortgage foreclosure and default mitigation counseling capacity of counseling intermediaries through NRC training courses with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate in NRC training shall pay market rates for such training. (7) Of the total amount made available under this paragraph, up to 5 percent may be used for associated administrative expenses for the NRC to carry out activities provided under this section. (8) Mortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising, and training, as determined by the NRC. (9) The NRC shall continue to report bi-annually to the House and Senate Committees on Appropriations as well as the Senate Banking Committee and House Financial Services Committee on its efforts to mitigate mortgage default. United states interagency council on homelessness Operating expenses For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $3,530,000. Title II of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11319 level V level IV IV General provisions—this act 401. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided Provided further (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (C) an identification of items of special congressional interest: Provided further 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2015 from appropriations made available for salaries and expenses for fiscal year 2015 in this Act, shall remain available through September 30, 2016, for each such account for the purposes authorized: Provided Provided further 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided Provided further Public Law 107–118 408. All Federal agencies and departments that are funded under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole-source contracts in effect during the preceding fiscal year by no later than March 30, 2015. Such report shall include the contractor, the amount of the contract and the rationale for using a sole-source contract. 409. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 410. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 411. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Buy American Act ( 41 U.S.C. 10a–10c 412. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a–10c). 413. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 301–10.123 414. None of the funds made available under this Act or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. 415. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 416. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 417. It is the sense of the Congress that the Congress should not pass any legislation that authorizes spending cuts that would increase poverty in the United States. 418. All agencies and departments funded by the Act shall send to Congress at the end of the fiscal year a report containing a complete inventory of the total number of vehicles owned, leased, permanently retired, and purchased during fiscal year 2015, as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing. 419. None of the funds made available by this Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the head of an Executive branch agency, as defined in section 133 420. (a) The head of any Executive branch department, agency, board, commission, or office funded by this Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2015 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any Executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2015 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an Executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 421. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided international conference 422. (a) Notwithstanding any other provision of this Act and except as provided in subsection (b), any report required to be submitted by a Federal agency to the Committee on Appropriations of the Senate or the Committee on Appropriations of the House of Representatives under this Act shall be posted on the public Web site of that agency 30 days following its receipt by the committee. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. 423. Each department funded by this Act shall submit a report by March 1st providing a detailed summary of advertising by the department in the prior fiscal year, including the total amount spent. The report shall also include: (1) a description of the purpose and intent of the advertising (such as promoting awareness of a program, promoting services or participation, or public relations to improve the attitudes about a program or agency); (2) a breakdown of the costs of advertising by medium, including on-line (with a specific total for social media), brochures, billboards, sponsorships (including the list of all sponsorships), television, mail, and newspaper; and (3) the cost of development, production, and staffing, including the amount spent on the salaries of department employees and payments to contractors and consultants. 424. None of the funds made available in this Act may be used to make bonus awards to contractors for work on projects that are behind schedule or over budget. 425. None of the funds in this Act may be used for premium travel by an agency that did not provide a report on premium travel to GSA in the prior fiscal year. 426. Each department funded by this Act shall submit a report by March 2, 2015, detailing its efforts to address the duplication identified in the annual reports on duplication issued by the Government Accountability Office, along with legal barriers preventing the department’s ability to further reduce duplication. 427. None of the funds made available in this Act may be used to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an Energy Star or Federal Energy Management Program designation. 428. Any Federal agency or department that is funded under this Act shall respond to any recommendation made to such agency or department by the Government Accountability Office in a timely manner. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015 June 5, 2014 Read twice and placed on the calendar
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015
NSA Internal Watchdog Act - Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). (Currently, the NSA Inspector General is appointed by the NSA Director.) Directs the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints. Establishes a General Counsel to the NSA Inspector General, to be appointed by the Inspector General. Authorizes the Inspector General, after providing the Attorney General (DOJ) with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees. Requires the Inspector General to provide Congress with an evaluation of any notice or statement of reasons the Inspector General receives from the Secretary of Defense (DOD) regarding the Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. Directs the Inspector General, in carrying out any audit or investigation of a surveillance or data collection program, to assess the impact of such program on civil rights and liberties. Requires the Inspector General's reports to Congress to be made available to all Members of Congress. Directs the Inspector General to audit and report to Congress regarding the effectiveness and use (including improper or illegal use) of NSA surveillance and data collection programs, including programs under the Foreign Intelligence Surveillance Act of 1978 (FISA) that authorize: (1) the Federal Bureau of Investigation (FBI) to submit applications to the FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items); and (2) the Attorney General and the Director of National Intelligence (DNI), with the approval of the FISA court or under exigent circumstances, to authorize the targeting of persons located outside the United States. Requires such audit to address: (1) the interactions between the NSA and the FISA court, and (2) the process for conducting background investigations of persons for NSA employment or for receiving access to classified information.
To amend the Inspector General Act of 1978 to provide for the Inspector General of the National Security Agency to be appointed by the President, by and with the advice and consent of the Senate, and for other purposes. 1. Short title This Act may be cited as the NSA Internal Watchdog Act 2. Inspector General of the National Security Agency (a) Elevation of Inspector General status The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, (2) in section 12— (A) in paragraph (1), by inserting the Director of the National Security Agency; Export-Import Bank; (B) in paragraph (2), by inserting the National Security Agency, the National Aeronautics and Space Administration, (b) Date of appointment Not later than 90 days after the date of the enactment of this Act, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. 3. Annual review of mechanisms for reporting employee or contractor complaints Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subparagraph: (E) In the case of the Inspector General of the National Security Agency, a review of the mechanisms for submitting complaints that are available to an employee of or contractor to the National Security Agency and any recommendations of the Inspector General for improving such mechanisms. . 4. Special provisions concerning the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 8K. Special provisions concerning the National Security Agency (a) General counsel to the Inspector General (1) In general There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. (2) Duties The General Counsel to the Inspector General of the National Security Agency shall— (A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; (B) provide legal services only to the Inspector General of the National Security Agency; (C) perform such functions as the Inspector General may prescribe; and (D) serve at the discretion of the Inspector General. (3) Office of the General Counsel There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. (b) Testimony (1) Authority to compel The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Notification The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. (c) Prohibitions on investigations for national security reasons (1) Evaluations of prohibitions Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. (2) Inclusion in semi-annual report The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. (d) Standard for audits and investigations In carrying out any audit or investigation of a surveillance or data collection program, the Inspector General shall— (1) assess the impact of such program on civil rights and civil liberties; (2) assess the effectiveness and use, including any improper or illegal use, of such program; and (3) make any recommendations the Inspector General considers appropriate to improve the protection of civil rights and civil liberties in the operation of such program. (e) Availability of reports (1) Availability Each report to Congress or a committee of Congress by the Inspector General shall be made available to all Members of Congress. (2) Member of Congress defined In this subsection, the term Member of Congress . 5. Audit of surveillance programs and background investigations (a) Audit The Inspector General of the National Security Agency appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act shall perform a comprehensive audit of— (1) the effectiveness and use, including improper or illegal use, of surveillance and data collection programs of the National Security Agency, including programs conducted pursuant to sections 501 and 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a); (2) the interactions between the National Security Agency and the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), including the accuracy of the information provided to such court by the Agency and the compliance of the Agency with orders of such court; and (3) the process for conducting background investigations of persons for purposes of employment or potential employment by the National Security Agency or for receiving access to classified information. (b) Report Not later than 180 days after the date on which the Inspector General of the National Security Agency is appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act, the Inspector General of the National Security Agency shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a). (c) Rule of construction Nothing in this section shall be construed to alter the responsibility of the Inspector General of the National Security Agency to conduct audits or investigations of the surveillance programs of the National Security Agency and the background investigation process for employment or access to classified information on an ongoing basis in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).
NSA Internal Watchdog Act
BLM Permit Processing Improvement Act of 2014 - Amends the Energy Policy Act of 2005 to make the Federal Permit Streamlining Project program permanent. Amends the Mineral Leasing Act to direct the Secretary of the Interior to collect for each of FY2016-FY2026 a fee of $9,500 for each new application for a drilling permit. Allocates specified percentages of such fees to: (1) the field offices that collected the fees used to process protests, leases, and permits; and (2) the BLM Permit Processing Improvement Fund, now divided into a Rental Account and a Fee Account. Prohibits the Secretary, during FY2016-FY2026, from implementing a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for drilling permits. Makes the Fund available to the Secretary for expenditure for the coordination and processing of oil and gas use authorizations on Indian trust mineral estate land (as well as onshore federal land, as under current law). Directs the Secretary to use: (1) the Rental Account and the Fee Account for this coordination and processing of oil and gas use authorizations, and (2) the Rental Account also for training for development of expertise related to coordinating and processing these authorizations. Amends the Federal Oil and Gas Royalty Management Act of 1982 to make the rate of interest allowed and paid or credited for any royalty overpayment equal to the sum of the federal short-term rate plus one percentage point.
To expand and extend the program to improve permit coordination by the Bureau of Land Management, and for other purposes. 1. Short title This Act may be cited as the BLM Permit Processing Improvement Act of 2014 2. Program to improve Federal permit coordination Section 365 of the Energy Policy Act of 2005 ( 42 U.S.C. 15924 (1) in the section heading, by striking Pilot (2) by striking Pilot Project Project (3) in subsection (b)(2), by striking Wyoming, Montana, Colorado, Utah, and New Mexico the States in which Project offices are located (4) in subsection (d)— (A) in the subsection heading, by striking Pilot (B) by adding at the end the following: (8) Any other State, district, or field office of the Bureau of Land Management determined by the Secretary. ; (5) by striking subsection (e) and inserting the following: (e) Report to Congress Not later than February 1 of the first fiscal year beginning after the date of enactment of the BLM Permit Processing Improvement Act of 2014 (1) the allocation of funds to each Project office for the previous fiscal year; and (2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year. ; (6) in subsection (h), by striking paragraph (6) and inserting the following: (6) the States in which Project offices are located. ; (7) by striking subsection (i); and (8) by redesignating subsection (j) as subsection (i). 3. BLM oil and gas permit processing fee Section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 (d) BLM oil and gas permit processing fee (1) In general Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. (2) Amount The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as measured by the Consumer Price Index). (3) Use Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer— (A) for each of fiscal years 2016 through 2019— (i) 15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this Act, subject to appropriation; and (ii) 85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the Fund (B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. (4) Additional costs During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill. . 4. BLM Permit Processing Improvement Fund (a) In general Section 35(c) of the Mineral Leasing Act ( 30 U.S.C. 191(c) (3) Use of Fund (A) In general The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal land. (B) Accounts The Secretary shall divide the Fund into— (i) a Rental Account (referred to in this subsection as the Rental Account (ii) a Fee Account (referred to in this subsection as the Fee Account (4) Rental Account (A) In general The Secretary shall use the Rental Account for— (i) the coordination and processing of oil and gas use authorizations on onshore Federal land under the jurisdiction of the Project offices identified under section 365(d) of the Energy Policy Act of 2005 ( 42 U.S.C. 15924(d) (ii) training programs for development of expertise related to coordinating and processing oil and gas use authorizations. (B) Allocation In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider— (i) the number of applications for permit to drill received in a Project office during the previous fiscal year; (ii) the backlog of applications described in clause (i) in a Project office; (iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and (iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. (5) Fee Account (A) In general The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal land. (B) Allocation The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected. . (b) Interest on overpayment adjustment Section 111(h) of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1721(h) the rate a rate equal to the sum of the Federal short-term rate determined under section 6621(b) of the Internal Revenue Code of 1986 plus 1 percentage point. 5. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
BLM Permit Processing Improvement Act of 2014
Equity in Law Enforcement Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) expand the definition of "public service officer," for purposes of provisions concerning public safety officer death benefits, to include a law enforcement officer serving a private institution of higher education in an official capacity, or a rail police officer employed by a rail carrier, who is sworn, licensed, or certified under the laws of a state for the purposes of law enforcement (applicable to a personal injury sustained in the line of duty by a public safety officer on or after April 15, 2013); (2) authorize the Director of the Bureau of Justice Assistance to make grants to such institutions and carriers for the purchase of armor vests for such officers; and (3) include such institutions and carriers among entities eligible for contracts or subawards under the Edward Byrne Memorial Justice Assistance Grant Program.
To extend the same Federal benefits to law enforcement officers serving private institutions of higher education and rail carriers that apply to law enforcement officers serving units of State and local government. 1. Short title This Act may be cited as the Equity in Law Enforcement Act of 2014 2. Line-of-duty death and disability benefits (a) Amendments Section 1204(9) Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796b(9) (1) in subparagraph (C), by striking or (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) an individual who is— (i) serving a private institution of higher education in an official capacity, with or without compensation, as a law enforcement officer; and (ii) sworn, licensed, or certified under the laws of a State for the purposes of law enforcement (and trained to meet the training standards for law enforcement officers established by the relevant governmental appointing authority); or (F) a rail police officer who is— (i) employed by a rail carrier; and (ii) sworn, licensed, or certified under the laws of a State for the purposes of law enforcement (and trained to meet the training standards for law enforcement officers established by the relevant governmental appointing authority). . (b) Applicability of amendments The amendments made by this section shall apply to a personal injury sustained in the line of duty by an individual described in subparagraph (E) or (F) of section 1204(9) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796b(9) 3. Law enforcement armor vests (a) Grant Program Section 2501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796ll (1) in subsection (a)— (A) by striking and Indian tribes Indian tribes, private institutions of higher education, and rail carriers (B) by inserting before the period the following: and law enforcement officers serving private institutions of higher education and rail carriers who are sworn, licensed, or certified under the laws of a State for the purposes of law enforcement (and trained to meet the training standards for law enforcement officers established by the relevant governmental appointing authority) (2) in subsection (b)(1), by striking or Indian tribe Indian tribe, private institution of higher education, or rail carrier (3) in subsection (e), by striking or Indian tribe Indian tribe, private institution of higher education, or rail carrier (b) Applications Section 2502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796ll–1 (1) in subsection (a), by striking or Indian tribe Indian tribe, private institution of higher education, or rail carrier (2) in subsection (b), by striking and Indian tribes Indian tribes, private institutions of higher education, and rail carriers (c) Definitions Section 2503(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796ll–2(6) or Indian tribe Indian tribe, private institution of higher education, or rail carrier 4. Byrne grants Section 501(b)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3751(b)(2) units of local government , private institutions of higher education, and rail carriers
Equity in Law Enforcement Act of 2014
Northern Cheyenne Lands Act - (Sec. 4) Directs the Secretary of the Interior to take approximately 932 acres of land in Montana into trust for the Northern Cheyenne Tribe. (Sec. 5) Requires Great Northern Properties to convey to the Tribe its coal and iron ore mineral interests underlying the land on the Northern Cheyenne Reservation in exchange for U.S. coal mineral interests underlying the land referred to as Bull Mountains and East Fork. Sets forth conditions on the conveyance to Great Northern Properties. Directs the Secretary to ensure that the deed for those federal coal mineral interests includes a covenant that precludes surface mining of the coal unless certain conditions are met. Prohibits Montana from taxing the mineral interests this Act conveys to the Tribe. Sets forth conditions regarding waiver of claims by the Tribe and Great Northern Properties. (Sec. 6) Requires the Northern Cheyenne Trust Fund to be transferred to the Tribe in exchange for the Tribe waiving all of its claims arising from U.S. management of the Fund. (Sec. 7) Directs the Secretary to prepare an inventory of fractionated land interests held by the United States in trust for the benefit of the Tribe or individual Indians on the Tribe's Reservation.
To direct the Secretary of the Interior to take certain land and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important land into trust for the benefit of the Northern Cheyenne Tribe, and for other purposes. 1. Short title This Act may be cited as the Northern Cheyenne Lands Act 2. Findings Congress finds that— (1) the Northern Cheyenne Tribe has depended on the land of the Tribe and the land-based resources of the Tribe to support its way of life since time immemorial; (2) the Tribe has made supreme and historic sacrifices to repossess and maintain the homeland of the Tribe, including the Reservation of the Tribe in the State of Montana; (3) the Tribe suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening the control of the Tribe over the land base, natural resources, and trust funds of the Tribe; (4) the Tribe seeks a variety of resolutions to outstanding legal obstacles that have prevented the Tribe from consolidating subsurface and surface trust ownership on the Reservation; (5) the Tribe and the members of the Tribe are the beneficial owners of more than 95 percent of the surface land of the Reservation and all but approximately 5,000 subsurface acres of the Reservation; (6) the Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on the Reservation that the Tribe does not own as a result of an error made by the United States when the Reservation was expanded in 1900; (7) in 2002, the Tribe agreed by settlement to dismiss a lawsuit against the United States which alleged that the United States failed to protect the Reservation from the impacts of coal development in return for assistance in securing tribal ownership of the subsurface rights described in paragraph (6) substantially in the form of this Act, and to secure mitigation funding to address the impacts of coal development in areas adjacent to the Reservation, among other conditions; (8) to increase tribal ownership of the surface land, the Tribe has purchased approximately 932 acres of land within the Reservation that were, for various reasons, taken out of trust ownership status; (9) the Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for the members of the Tribe, as well as for members of other Indian tribes; (10) the Tribe seeks to have the land and subsurface within the Reservation and the Bear Butte land described in this section taken into trust by the United States for the benefit of the Tribe; (11) the Tribe seeks clarification, consistent with the 1999 settlement with the United States, that the principal of the funds arising from the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 ( Public Law 102–374 Northern Cheyenne Trust Fund (12) if the conveyances of land and funds authorized under this Act are carried out, the Tribe has agreed to waive all legal claims against the United States arising out of the longstanding loss of the subsurface rights and the management of the Northern Cheyenne Trust Fund by the United States. 3. Definitions In this Act: (1) Fund The term Fund (2) Great Northern Properties The term Great Northern Properties (3) Permanent Fund The term Permanent Fund (4) Reservation The term Reservation (5) Secretary The term Secretary (6) State The term State (7) Tribe The term Tribe 4. Tribal fee land to be taken into trust Not later than 60 days after the date of enactment of this Act, the Secretary shall take into trust for the benefit of the Tribe the approximately 1,567 acres of land depicted on— (1) the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands (2) the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands – Lame Deer Townsite 5. Mineral rights to be taken into trust (a) Completion of mineral conveyances (1) In general Not later than 60 days after the date on which the Secretary receives the notification described in subsection (c), in a single transaction— (A) Great Northern Properties shall convey to the Tribe all right, title, and interest of Great Northern Properties, consisting of coal and iron ore mineral interests, underlying the land on the Reservation generally depicted as Great Northern Properties Northern Cheyenne Land Act – Coal Tracts (B) subject to paragraph (2), the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal mineral interests underlying the land generally depicted as Bull Mountains East Fork Northern Cheyenne Federal Tracts (2) Requirement The Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) shall include a covenant running with the land that— (A) precludes the coal conveyed from being mined by any method other than underground mining techniques— (i) until any surface owner (as defined in section 714(e) of Public Law 95–87 30 U.S.C. 1304(e) (ii) except as determined to be acceptable for further consideration for leasing in the document of the Bureau of Land Management entitled Billings Resource Area Final EIS and Resource Management Plan (B) shall not create any property interest in the United States or any surface owner (as defined in section 714(e) of Public Law 95–87 30 U.S.C. 1304(e) (b) Treatment of land transferred to Tribe (1) In general At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the mineral interests conveyed to the Tribe under subsection (a)(1)(A). (2) No State taxation The mineral interests conveyed to the Tribe under subsection (a)(1)(A) shall not be subject to taxation by the State (including any political subdivision of the State). (c) Revenue sharing agreement The Tribe shall notify the Secretary, in writing, that— (1) consistent with a settlement agreement entered into between the Tribe and the State in 2002, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the mineral interests described in subsection (a)(1)(B) if those mineral interests are developed; (2) the revenue sharing agreement remains in effect as of the date of enactment of this Act; and (3) Great Northern Properties has offered to convey the mineral interests described in subsection (a)(1)(A) to the Tribe. (d) Waiver of legal claims As a condition of the conveyances of mineral interests under subsection (a)(1)— (1) the Tribe shall waive any and all claims relating to the failure of the United States to acquire and take into trust on behalf of the Tribe the mineral interests described in subsection (a)(1)(A), as directed by Congress in 1900; and (2) Great Northern Properties shall waive any and all claims against the United States relating to the value of the coal mineral interests described in subsection (a)(1)(B). (e) Rescission of mineral conveyances If any portion of the mineral interests conveyed under subsection (a)(1) is invalidated by final judgment of a court of the United States— (1) not later than 1 year after the date on which the final judgment is rendered, the Secretary or Great Northern Properties may agree to rescind the conveyances under subsection (a)(1); and (2) if the conveyances are rescinded under paragraph (1), the waivers under subsection (d) shall no longer apply. 6. Transfer of Northern Cheyenne Trust Fund to Tribe (a) In general Not later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be deposited in the Permanent Fund. (b) Use of amounts Of the amounts transferred to the Permanent Fund under subsection (a)— (1) the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and (2) any interest earned on the amounts described in paragraph (1) shall be used in the same manner as interest earned on amounts in the Permanent Fund may be used. (c) Waiver of legal claims As a condition of the transfer under subsection (a), the Tribe shall waive any and all claims arising from the management of the Fund by the United States. 7. Land consolidation and fractionation reporting (a) Inventory (1) In general The Secretary, in consultation with the Tribe, shall prepare an inventory of fractionated land interests held by the United States in trust for the benefit of— (A) the Tribe; or (B) individual Indians on the Reservation. (2) Agricultural purposes The inventory prepared by the Secretary under this subsection shall include details currently available about fractionated land on the Reservation suitable for agricultural purposes. (3) Submission The Secretary shall submit the inventory prepared under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives by not later than 180 days after the date of enactment of this Act. (b) Report (1) In general The Secretary, in consultation with the Tribe, shall prepare periodic reports regarding obstacles to consolidating trust land ownership on the Reservation. (2) Contents The reports under this subsection shall include— (A) a description of existing obstacles to consolidating trust land ownership, including the extent of fractionation; (B) a description of progress achieved by the Tribe toward reducing fractionation and increasing trust land ownership; (C) an analysis of progress achieved by the Tribe toward making agricultural use economical on trust land; and (D) any applicable outcomes and lessons learned from land consolidation activities undertaken pursuant to the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.). (3) Submission The Secretary shall submit the reports under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives not less frequently than once each calendar year for the 5-year period beginning on the date of enactment of this Act. 8. Eligibility for other Federal benefits The transfer under section 6 shall not result in the reduction or denial of any Federal service, benefit, or program to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of— (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary. 1. Short title This Act may be cited as the Northern Cheyenne Lands Act 2. Findings Congress finds that— (1) the Northern Cheyenne Tribe has depended on the land of the Tribe and the land-based resources of the Tribe to support its way of life since time immemorial; (2) the Tribe has made supreme and historic sacrifices to repossess and maintain the homeland of the Tribe, including the Reservation of the Tribe in the State of Montana; (3) the Tribe suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening the control of the Tribe over the land base, natural resources, and trust funds of the Tribe; (4) the Tribe seeks a variety of resolutions to outstanding legal obstacles that have prevented the Tribe from consolidating subsurface and surface trust ownership on the Reservation; (5) the Tribe and the members of the Tribe are the beneficial owners of more than 95 percent of the surface land of the Reservation and all but approximately 5,000 subsurface acres of the Reservation; (6) the Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on the Reservation that the Tribe does not own as a result of an error made by the United States when the Reservation was expanded in 1900; (7) in 2002, the Tribe agreed by settlement to dismiss a lawsuit against the United States which alleged that the United States failed to protect the Reservation from the impacts of coal development in return for assistance in securing tribal ownership of the subsurface rights described in paragraph (6) substantially in the form of this Act, and to secure mitigation funding to address the impacts of coal development in areas adjacent to the Reservation, among other conditions; (8) to increase tribal ownership of the surface land, the Tribe has purchased approximately 932 acres of land within the Reservation that were, for various reasons, taken out of trust ownership status; (9) the Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for the members of the Tribe, as well as for members of other Indian tribes; (10) the Tribe seeks to have the land and subsurface within the Reservation and the Bear Butte land described in this section taken into trust by the United States for the benefit of the Tribe; (11) the Tribe seeks clarification, consistent with the 1999 settlement with the United States, that the principal of the funds arising from the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 ( Public Law 102–374 Northern Cheyenne Trust Fund (12) if the conveyances of land and funds authorized under this Act are carried out, the Tribe has agreed to waive all legal claims against the United States arising out of the longstanding loss of the subsurface rights and the management of the Northern Cheyenne Trust Fund by the United States. 3. Definitions In this Act: (1) Fund The term Fund (2) Great Northern Properties The term Great Northern Properties (3) Permanent Fund The term Permanent Fund (4) Reservation The term Reservation (5) Secretary The term Secretary (6) State The term State (7) Tribe The term Tribe 4. Tribal fee land to be taken into trust (a) In general Subject to subsection (b), not later than 60 days after the date of enactment of this Act, the Secretary shall take into trust for the benefit of the Tribe the approximately 932 acres of land depicted on— (1) the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands (2) the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands – Lame Deer Townsite (b) Limitation Any land located in the State of South Dakota that is included on the maps referred to in paragraphs (1) and (2) of subsection (a) shall not be taken into trust pursuant to that subsection. 5. Mineral rights to be taken into trust (a) Completion of mineral conveyances (1) In general Not later than 60 days after the date on which the Secretary receives the notification described in subsection (c), in a single transaction— (A) Great Northern Properties shall convey to the Tribe all right, title, and interest of Great Northern Properties, consisting of coal and iron ore mineral interests, underlying the land on the Reservation generally depicted as Great Northern Properties Northern Cheyenne Land Act – Coal Tracts (B) subject to paragraph (2), the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal mineral interests underlying the land generally depicted as Bull Mountains East Fork Northern Cheyenne Federal Tracts (2) Requirement The Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) shall include a covenant running with the land that— (A) precludes the coal conveyed from being mined by any method other than underground mining techniques until any surface owner (as defined in section 714(e) of Public Law 95–87 ( 30 U.S.C. 1304(e) (B) shall not create any property interest in the United States or any surface owner (as defined in section 714(e) of Public Law 95–87 30 U.S.C. 1304(e) (C) shall not affect, abridge, or amend any valid existing rights of any surface owner of a specific tract or any adjacent tracts. (b) Treatment of land transferred to Tribe (1) In general At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the mineral interests conveyed to the Tribe under subsection (a)(1)(A). (2) No State taxation The mineral interests conveyed to the Tribe under subsection (a)(1)(A) shall not be subject to taxation by the State (including any political subdivision of the State). (c) Revenue sharing agreement The Tribe shall notify the Secretary, in writing, that— (1) consistent with a settlement agreement entered into between the Tribe and the State in 2002, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the mineral interests described in subsection (a)(1)(B) if those mineral interests are developed; (2) the revenue sharing agreement remains in effect as of the date of enactment of this Act; and (3) Great Northern Properties has offered to convey the mineral interests described in subsection (a)(1)(A) to the Tribe. (d) Waiver of legal claims As a condition of the conveyances of mineral interests under subsection (a)(1)— (1) the Tribe shall waive any and all claims relating to the failure of the United States to acquire and take into trust on behalf of the Tribe the mineral interests described in subsection (a)(1)(A), as directed by Congress in 1900; and (2) Great Northern Properties shall waive any and all claims against the United States relating to the value of the coal mineral interests described in subsection (a)(1)(B). (e) Rescission of mineral conveyances If any portion of the mineral interests conveyed under subsection (a)(1) is invalidated by final judgment of a court of the United States— (1) not later than 1 year after the date on which the final judgment is rendered, the Secretary or Great Northern Properties may agree to rescind the conveyances under subsection (a)(1); and (2) if the conveyances are rescinded under paragraph (1), the waivers under subsection (d) shall no longer apply. 6. Transfer of Northern Cheyenne Trust Fund to Tribe (a) In general Not later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be deposited in the Permanent Fund. (b) Use of amounts Of the amounts transferred to the Permanent Fund under subsection (a)— (1) the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and (2) any interest earned on the amounts described in paragraph (1) shall be used in the same manner as interest earned on amounts in the Permanent Fund may be used. (c) Waiver of legal claims As a condition of the transfer under subsection (a), the Tribe shall waive any and all claims arising from the management of the Fund by the United States. 7. Land consolidation and fractionation reporting (a) Inventory (1) In general The Secretary, in consultation with the Tribe, shall prepare an inventory of fractionated land interests held by the United States in trust for the benefit of— (A) the Tribe; or (B) individual Indians on the Reservation. (2) Agricultural purposes The inventory prepared by the Secretary under this subsection shall include details currently available about fractionated land on the Reservation suitable for agricultural purposes. (3) Submission The Secretary shall submit the inventory prepared under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives by not later than 180 days after the date of enactment of this Act. (b) Report (1) In general The Secretary, in consultation with the Tribe, shall prepare periodic reports regarding obstacles to consolidating trust land ownership on the Reservation. (2) Contents The reports under this subsection shall include— (A) a description of existing obstacles to consolidating trust land ownership, including the extent of fractionation; (B) a description of progress achieved by the Tribe toward reducing fractionation and increasing trust land ownership; (C) an analysis of progress achieved by the Tribe toward making agricultural use economical on trust land; and (D) any applicable outcomes and lessons learned from land consolidation activities undertaken pursuant to the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.). (3) Submission The Secretary shall submit the reports under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives not less frequently than once each calendar year for the 5-year period beginning on the date of enactment of this Act. 8. Eligibility for other Federal benefits The transfer under section 6 shall not result in the reduction or denial of any Federal service, benefit, or program to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of— (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary. August 26, 2014 Reported with an amendment
Northern Cheyenne Lands Act
Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10% of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program; and (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25% of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75% of funds for permissible uses under the Sexual Assault Services Program.
To direct the Attorney General to make grants to States that have in place laws that terminate the parental rights of men who father children through rape. 1. Short title This Act may be cited as the Rape Survivor Child Custody Act 2. Findings Congress finds the following: (1) Men who father children through rape should be prohibited from visiting or having custody of those children. (2) Thousands of rape-related pregnancies occur annually in the United States. (3) A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists. (4) Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes. (5) The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia. (6) The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)). (7) Currently only 6 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape. (8) A rapist pursuing parental or custody rights causes the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, and can make it more difficult for her to recover. (9) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child. (10) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them. 3. Grants authorized The Attorney General shall make grants to States that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. 4. Application A State seeking a grant under this Act shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in section 3. 5. Grant amount The amount of a grant to a State under this Act shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly referred to as the STOP Violence Against Women Formula Grant Program (2) Section 41601 of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043g Sexual Assault Services Program 6. Grant term (a) In general The term of a grant under this Act shall be for one year. (b) Renewal A State that receives a grant under this Act may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Limit A State may not receive a grant under this Act for more than 4 years. 7. Uses of funds A State that receives a grant under this section shall use— (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of section 5; and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of section 5. 8. Termination defined (a) In general In this Act, the term termination (b) Rule of construction Nothing in this section shall be construed to require a State, in order to receive a grant under this Act, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child. 9. Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018.
Rape Survivor Child Custody Act
(This measure has not been amended since it was passed by the Senate on December 10, 2014. The summary of that version is repeated here.) Howard Coble Coast Guard and Maritime Transportation Act of 2014 - Title I: Authorization - (Sec. 101) Authorizes FY2015 appropriations for the Coast Guard for: operation and maintenance; the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; the Coast Guard Reserve program; environmental compliance and restoration of Coast Guard vessels, aircraft, and facilities; research, development, test, and evaluation of technologies, materials, and human factors related to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness; and alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program. (Sec. 102) Authorizes for FY2015 end-of-year strength for active duty personnel of 43,000 and military training student loads. Title II: Coast Guard - (Sec. 201) Reduces from 7,200 to 6,000 the number of commissioned officers on the active duty promotion list, subject to current exceptions. (Sec. 202) Designates the date on which the term for the Commandant of the Coast Guard begins and ends. (Sec. 203) Identifies the skills and qualifications necessary for a career as a waterways operations manager or a facility safety and security specialist. (Sec. 204) Authorizes the Coast Guard’s centers of expertise for prevention and response to conduct experiments and investigate plans, devices, and inventions relating to the performance of Coast Guard functions. (Sec. 205) Increases the amount of certain fines and penalties for tampering with aids to navigation and making false distress calls. (Sec. 206) Authorizes the Coast Guard to enter into cooperative agreements with public and private entities and foreign nations for conducting experiments and investigating plans, devices, and inventions relating to the performance of Coast Guard functions. Authorizes the Coast Guard to impose and collect a fee from those entities for expenses incurred in carrying out the agreements. (Sec. 208) Permits proceeds received from the lease of lighthouse properties under the Coast Guard’s administrative control to be deposited in the Coast Guard Housing Fund for the construction and renovation of servicemember housing. (Currently, the proceeds are deposited in the Treasury.) (Sec. 209) Authorizes the Coast Guard to lease submerged lands and tidelands under its control for periods longer than five years. (Sec. 210) Requires the Coast Guard to provide notification to the public, governors of affected states, and Congress 90 days in advance of a determination that a waterway is subject to Coast Guard jurisdiction. (Sec. 211) Modifies the membership and duties of the Board of Visitors to the Coast Guard Academy. Establishes the terms for Academy members. Directs the Board to report to the Department of Homeland Security (DHS) and Congress after each annual Academy visit. (Sec. 212) Authorizes DHS to retire Coast Guard flag officers without the review of the Department of Defense (DOD) unless the Coast Guard is operating as a service in the Navy. (Sec. 213) Repeals a limitation on issuing more than one medal of honor to any one person. (Sec. 214) Authorizes the Coast Guard to: establish an office for developing, promulgating, and coordinating policies, programs, and activities related to Coast Guard members’ families; provide tuition assistance to eligible spouses of servicemembers; and establish within any Coast Guard unit an initiative to help servicemembers’ children integrate into new surroundings. Requires the Coast Guard to direct each of its child development centers to meet standards that ensure the health, safety, and welfare of the centers’ children and employees and employee training requirements. Directs the Coast Guard to require that each center has a board of parents of children attending the center. Authorizes the Coast Guard to establish a parent participation initiative at each center. Expresses the sense of Congress that the amount of funds appropriated for operating expenses related to Coast Guard child development services should not be less than the amount of the child development center fee receipts estimated to be collected by the Coast Guard. (Sec. 215) Requires the Coast Guard to submit to Congress an integrated major acquisition mission need statement on the date the President submits a budget for FY2016, FY2019 and every four years thereafter. Requires the statement to: (1) identify current and projected gaps in Coast Guard mission capabilities, (2) explain how each major acquisition program (an ongoing acquisition with a cost estimate of at least $300 million) addresses the gaps if funded at the levels provided for the program in the Coast Guard’s most recently submitted capital investment plan, and (3) describe the missions the Coast Guard will not be able to achieve for each gap. (Sec. 216) Requires DHS to submit each fiscal year a Coast Guard authorization request that recommends end strengths for personnel and authorizations of appropriations. (Sec. 217) Requires the Coast Guard to: (1) establish, maintain, and update an inventory of property under its control, including submerged lands; (2) assess the condition of each property; and (3) make recommendations on divesting and consolidating any of those properties to Congress every five years. (Sec. 219) Modifies the limitation on the number of days within a specified period that an organized training unit or member of the Coast Guard Ready Reserve may be ordered to serve in active duty for an emergency augmentation of regular forces. (Sec. 220) Extends through FY2017 the Coast Guards authority to hire acquisition workforce on an expedited basis. (Sec. 221) Revises, repeals, and consolidates various reporting requirements. (Sec. 223) Authorizes DHS to enter into multiyear contracts for the procurement of Offshore Patrol Cutters (vessels that are 65 feet or greater) and associated equipment. (Sec. 224) Directs DHS to submit to Congress a schedule and plan for enhancing the maintenance or extending the service life of medium endurance cutter mission capability. (Sec. 225) Authorizes DHS to request and accept a miltary-to-military transfer and conversion of H-60 helicopters for year round use in the Coast Guard’s Ninth District (the Great Lakes region). Prohibits the Coast Guard from: (1) closing an air facility that was in operation on November 30, 2014; or (2) retiring, transfering, relocating, or deploying an aviation asset from those air facility for the purpose of closing such facility. Terminates this prohibition on January 1, 2016. (Sec. 226) Requires the Coast Guard to report on any gaps that exist in writing on the history of the Coast Guard. (Sec. 227) Requires the Coast Guard to assess the Coast Guard’s officer evaluation reporting system. (Sec. 228) Requires DHS to establish a process that allows an operator of a nonfederal vessel traffic information service to use the automatic identification system to transmit weather, ice, and important navigation safety information to vessels. (Sec. 229) Prohibits DHS from dismantling or disposing of infrastructure that supported the former LORAN system (long range radio aid to navigation system) until the later of: (1) one year after this Act’s enactment; or (2) the date on which DHS notifies Congress that the infrastructure is not required to provide a positioning, navigation, and timing system as a redundant capability in the event Global Positioning System signals are disrupted. Provides an exception for activities necessary for the safety of human life. Permits DHS to enter agreements with entities to develop another system to provide such redundant capability, including an enhanced LORAN system. (Sec. 230) Requires the Coast Guard to analyze and report on any deficiencies that exist in Coast Guard resources with respect to maritime border security in the Great Lakes, the coastal areas in the Southeast and Southwest, and the Western Hemisphere Drug Transit Zone. (Sec. 231) Requires DHS to report on efforts to modernize the National Distress and Response System in the Rescue 21 project in Alaska and in Coast Guard sectors of the Upper Mississippi River, Lower Mississippi River, and Ohio River Valley. (Sec. 232) Requires the Coast Guard to outline and report on a course of action to reconcile general maintenance priorities for cutters with operations priorities on the Missouri River. (Sec. 233) Requires the Coast Guard to assess and report on the Maritime Search and Rescue Assistance policy as it related to state and local responders. Title III: Shipping and Navigation - (Sec. 301) Repeals a requirement that the Department of Commerce promote the development and use of mobile trade fairs to show and sell products of U.S. business and agriculture at foreign ports and commercial centers. (Sec. 302) Authorizes Department of Transportation (DOT) to donate government property administered by the Maritime Administration (MARAD) for historical purposes, except real estate or vessels, to nonprofit organizations, states, or political subdivisions. (Sec. 303) Reauthorizes through FY2017 appropriations to MARAD for a program that provides assistance for small shipyards and maritime communities. (Sec. 304) Directs federal agencies that operate vessels to report drug test violations by employment applicants to the Coast Guard. (Sec. 305) Requires DHS to provide veterans with documentation of their sea service. Directs the Coast Guard to promote awareness among its personnel of post-service use of Coast Guard training, education, and practical experience in satisfaction of requirements for merchant mariner credentials. (Sec. 306) Redefines “high-risk waters,” for purposes of determining when owners or operators of U.S. vessels carrying government-impelled cargo are to be reimbursed for the cost of providing armed on-board safety personnel, as waters: (1) so designated by the Coast Guard in the appropriate maritime security directive, and (2) in which DOT determines an act of piracy is likely to occur based on documented acts of piracy that occurred in such waters during the 12-month period preceding the applicable voyage. (Sec. 308) Directs the Government Accountability Office (GAO) to report on the number of jobs that would be created in the U.S. maritime industry in each of years 2015-2025 if liquefied natural gas exported from the United States were required to be carried: (1) before December 31, 2018, on vessels documented under the laws of the United States; and (2) after such date, on vessels documented under U.S. laws and constructed in the United States. (Sec. 309) Reauthorizes the Fishing Safety Grant Program through FY2017. (Sec. 310) Directs DHS to establish a Merchant Marine Personnel Advisory Committee to advise DHS on matters relation to personnel in the U.S. merchant marine and comment on proposed Coast Guard regulations relating to those personnel. Authorizes the Committee to conduct studies and make its recommendations available to Congress. Terminates the Committee on September 30, 2020. (Sec. 311) Authorizes DHS to accept in-kind reimbursement for transportation, travel, and subsistence when inspecting certain vessels. (Sec. 312) Requires DHS to provide notice of major marine casualties to state and tribal governments within 24 hours of it being reported to DHS. (Sec. 313) Amends provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) related to area contingency plans for the discharge of oil and hazardous substances, by authorizing Indian tribes to participate in area committees established to plan for responses to spills and requiring the plans to include a framework for advance planning and decision making with respect to the closing and reopening of fishing areas following a discharge. (Sec. 314) Prohibits the Coast Guard from disseminating data it collected in an ice patrol about iceberg locations and dangerous ice conditions in the North Atlantic Ocean to vessels of nations that failed to reimburse the Coast Guard for this service as required. (Sec. 315) Establishes a process for DHS to delegate to classification societies (non-governmental organizations that act on the Coast Guard's behalf in caring out certification and inspection activities) the authority to inspect offshore supply vessels. Requires DHS to report to Congress within specified periods regarding: (1) the number of vessels for which a delegation was made, (2) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegation, and (3) any impacts of the delegations on the operational safety of vessels and vessel crews. (Sec. 317) Directs DHS to require that each vessel response plan prepared for a mobile offshore drilling unit include information from the facility response plan prepared for the unit regarding the planned response to a worst case discharge and to a threat of those discharges. (Sec. 318) Revises the amount owners or operators of terminal facilities, offshore facilities, or crude oil tankers are required to provide to Cook Inlet Regional Citizens Advisory Council in Alaska each year. (Sec. 319) Increases the number of passengers (from 6 to 12) that a U.S. owned, uninspected, passenger vessels that is less than 24 meters in length and is operating in the U.S. Virgin Islands may carry if certain safety requirements are met. (Sec. 320) Establishes an Abandoned Seafarers Fund to provide support for foreign seafarers who are required to remain in the United States because they are either paroled or and are involved in an investigation, reporting, documentation, or adjudication of any matter relating to the administration or enforcement of laws by the Coast Guard. (Sec. 321) Moves the responsibility of maintaining a website concerning crimes on cruise vessels from DHS to DOT. (Sec. 322) Prohibits DHS from finalizing a regulation relating to safety and environmental management system requirements for vessels on the United States Outer Continental Shelf that was proposed on September 10, 2013, until six months after it has submitted an analysis of the proposed regulation and the impact of the rule. Title IV: Federal Maritime Commission - (Sec. 401) Authorizes appropriations for the Federal Maritime Commission (FMC) for FY2015. (Sec. 402) Authorizes reasonable attorney fees to be awarded to prevailing parties in actions filed with FMC concerning a violation of ocean shipping law. (Sec. 403) Revises terms of office requirements for FMC Commissioners. Prohibits Commissioners from serving more than one year after their five year term expires and from serving more than two terms. Establishes conflict of interest requirements applicable to FMC Commissioners. Title V: Artic Maritime Transportation - (Sec. 501) Encourages DHS to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic: placement and maintenance of aids to navigation; appropriate marine safety, tug, and salvage capabilities; oil spill prevention and response capability; maritime domain awareness, including long-range vessel tracking; and search and rescue. Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to ensure safe and secure maritime shipping. Authorizes DHS to enter into agreements with, or make grants to, individuals and governments to ensure safe and secure maritime shipping in the Arctic. Requires DHS to promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective. (Sec. 502) Requires the Coast Guard to improve maritime domain awareness in the Arctic and submit a five-year strategic plan every five years to guide interagency and international intergovernmental cooperation and coordination for improving this awareness. (Sec. 503) Requires DHS to report on the status of the negotiations at the International Maritime Organization regarding the establishment of a draft international code of safety for ships operating in polar waters, popularly known as the Polar Code. Directs the report to address the impacts of the Code for coastal communities located in the Arctic on the costs of delivering fuel and freight and maritime transportation safety. (Sec. 504) Authorizes DHS to construct facilities in the Arctic to: support aircraft maintenance; provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and include accommodations for personnel. (Sec. 505) Amends the Coast Guard and Maritime Transportation Act of 2012 to authorize the Coast Guard to decommission the icebreaker cutter named the Polar Sea if DHS does not make a determination regarding whether it is cost-effective to reactivate the icebreaker. Requires the Coast Guard to submit to Congress: a strategy to meet the Coast Guard's Arctic ice operations needs through September 30, 2050; and a bridging strategy for maintaining the Coast Guard's polar icebreaking services until at least September 30, 2024, unless DHS determines that it is cost-effective to reactivate the Polar Sea. Authorizes the Coast Guard to conduct a service life extension of seven to ten years for the Polar Sea cutter upon the submission of a service life extension plan. (Sec. 506) Requires the President to facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in those regions, except for recurring incremental costs associated with specific projects, to the Coast Guard. Title VI: Miscellaneous - (Sec. 601) Revises manning requirements relating to certain U.S. purse seine fishing vessels (commonly referred to as the distant water tuna fleet) engaging foreign citizens. (Manning requirements include regulations that govern the nationality of the crew, the required number of crew, and crew qualifications on ships.) (Sec. 602) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to extend for three years a provision which prohibits the Environmental Protection Agency (EPA) from requiring a National Pollutant Discharge Elimination System permit for a vessel that is less than 79 feet in length or a fishing vessel for any discharge: (1) of effluent from properly functioning marine engines; (2) of laundry, shower, and galley sink wastes; or (3) that is incidental to the normal operation of those vessels. (This prohibition does not apply with respect to garbage discharged overboard, other discharges when the vessel is operating in a capacity other than as a means of transportation, discharges of ballast water held in ships to increase stability, or any discharge that contributes to a violation of a water quality standard or poses an unacceptable risk to human health or the environment.) (Sec. 603) Directs DOT to submit to Congress a national maritime strategy that: identifies federal regulations that reduce the competitiveness of U.S. flag vessels in international markets; identifies the impact of reduced cargo flow due to reductions in the number of Armed Forces members stationed or deployed outside the United States; and includes recommendations to make U.S. flag vessels more competitive in shipping routes, and to enhance U.S. shipbuilding capability. Requires DOT to recommend strategies to increase the use of U.S. flag vessels to carry imports and exports, third-party inspection and certification authorities, and short sea transportation routes. (Sec. 604) Exempts the vessel "John Craig" (United States official number D1110613) from a requirement that passenger vessel operators be licensed by DHS, provided that Kentucky has implemented a similar licensing requirement and the vessel is operating on a specified portion of the River. Authorizes DHS to issue a coastwise endorsement to the “F/V Western Challenger” (IMO number 5388108). (A coastwise endorsement entitles a vessel to employment in unrestricted coastwise trade, dredging, towing, and any other employment for which a registry or fishery endorsement is not required.) (Sec. 605) Directs the Coast Guard to arrange for an assessment by the National Academy of Sciences of authorities concerning vessels and seamen that have been delegated to the Coast Guard and impact the ability of vessels documented under U.S. laws to effectively compete in international transportation markets. Requires the Coast Guard to report on the assessment. (Sec. 606) Requires DHS to report on the status of the final rule that relates to the Coast Guard’s Notice of Arrival and Departure (NOAD) and Automatic Identification System (AIS) requirements. (Sec. 607) Authorizes the Coast Guard to convey 0.2 acres of property at 527 River Street in Rochester, New York to Rochester, New York. (Sec. 608) Authorizes the Department of the Interior to convey 0.86 acres of fast lands in the narrows of Puget Sound, Washington to Gig Harbor, Washington upon the Coast Guard's relinquishment of the property. (Sec. 609) Deems the vessel assigned U.S. official number 1205366 (rebuilt after a fire) to be a new vessel on the date of delivery of the vessel after January 1, 2012, from a privately owned U.S. shipyard if no encumbrances are on record with the Coast Guard at the time of the issuance of the new certificate of documentation. (Sec. 610) Bars DHS and EPA from prohibiting a vessel operating within the Thunder Bay National Marine Sanctuary and Underwater Preserve from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all federal and state ballast water management requirements that would apply if the area were not a marine sanctuary. (Sec. 611) Requires the General Services Administration (GSA) to allocate and assign a specified number of parking spaces at DHS' St. Elizabeth Campus to Coast Guard personnel assigned to the Campus based on a schedule.
To authorize appropriations for the Coast Guard for fiscal years 2015 through 2016, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Coast Guard Authorization Act for Fiscal Years 2015 and 2016 (b) Table of Contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Authorization Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. TITLE II—Organization Sec. 201. Commandant; appointment. Sec. 202. Prevention and response workforces. Sec. 203. Clarification of Coast Guard ice operations mission. Sec. 204. Coast Guard centers of expertise. Sec. 205. Research, development, testing, and evaluation. Sec. 206. Arctic maritime domain awareness. Sec. 207. Annual Board of Visitors. TITLE III—Personnel Sec. 301. Flag officers; determination of unfitness. Sec. 302. Acquisition workforce expedited hiring authority. Sec. 303. Post-service maritime employment opportunities. Sec. 304. Coast Guard remission of indebtedness. Sec. 305. Coast Guard family support and child care. Sec. 306. Active duty for emergency augmentation of regular forces. Sec. 307. Expedited reimbursement for medical goods and services. TITLE IV—Administration Sec. 401. Transmission of annual Coast Guard authorization request. Sec. 402. Recovery of travel and subsistence costs for prevention services. Sec. 403. Retired servicemembers and family members serving on advisory committees. Sec. 404. Housing choices for Coast Guard families with special medical needs. Sec. 405. Authority to construct Coast Guard child development center facilities. Sec. 406. Heavy polar icebreaker design and construction. Sec. 407. Forward operating facilities. Sec. 408. Enhanced national response capability. Sec. 409. Updates to fines and penalties. Sec. 410. Technical amendment; Coast Guard Academy charges and fees for attendance. TITLE V—Shipping and navigation Sec. 501. Prompt intergovernmental notice of marine casualties. Sec. 502. Drug testing reporting. Sec. 503. Protection and fair treatment of seafarers. Sec. 504. Vessel requirements for notices of arrival and departure and automatic identification system. Sec. 505. Improved safety information for vessels. Sec. 506. Prompt publication of oil spill information. Sec. 507. Area contingency plans. Sec. 508. Coast Guard response plan requirements. TITLE VI—Miscellaneous Sec. 601. Waivers. Sec. 602. Inflationary adjustment for Regional Citizens’ Advisory Council. I Authorization 101. Authorization of appropriations Funds are authorized to be appropriated for each of fiscal years 2015 and 2016 for necessary expenses of the Coast Guard as follows: (1) For the operation and maintenance of the Coast Guard, $6,981,036,000 for each of fiscal years 2015 and 2016, of which $24,500,000 is authorized each fiscal year to be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,545,312,000 for each of fiscal years 2015 and 2016 to remain available until expended, of which— (A) $20,000,000 is authorized each fiscal year to be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and (B) $55,000,000 is authorized each fiscal year for a service life extension of 7 to 10 years for the Coast Guard Cutter POLAR SEA (WAGB 11). (3) For operation and maintenance of the Coast Guard Reserve program, including personnel and training costs, equipment, and services, $140,016,000 for each of fiscal years 2015 and 2016. (4) For research, development, testing, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard’s mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, and defense readiness, $19,890,000 for each of fiscal years 2015 and 2016. (5) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman’s Family Protection and Survivor Benefit Plans, and payments for medical and dental care of retired personnel and their dependents under chapter 55 or title 10, United States Code, $1,460,000,000 for each of fiscal years 2015 and 2016, to remain available until expended. (6) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program, $16,000,000 for each of fiscal years 2015 and 2016. (7) For environmental compliance and restoration functions under chapter 19 102. Authorized levels of military strength and training (a) Active duty strength The Coast Guard is authorized an end-of-year strength for active duty personnel of 47,000 for each of fiscal years 2015 and 2016. (b) Military training student loads The Coast Guard is authorized average military training student loads for each of fiscal years 2015 and 2016 as follows: (1) For recruit and special training, 2,500 student years. (2) For flight training, 165 student years. (3) For professional training in military and civilian institutions, 350 student years. (4) For officer acquisition, 1,200 student years. II Organization 201. Commandant; appointment Section 44 The term of an appointment, and any reappointment, shall begin on June 1 of the current year and end 4 years later on May 31, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which the term begins or ends as long as the term is no longer than 4 years. 202. Prevention and response workforces Section 57 (1) in subsection (b)— (A) in paragraph (2) by striking or (B) in paragraph (3) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to marine transportation system management; or (5) port and facility safety and security specialist shall have knowledge, skill, and practical experience with respect to the safety, security, and environmental protection responsibilities associated with maritime ports and facilities. ; (2) in subsection (c) by striking or marine safety engineer marine safety engineer, waterways operations manager, or port and facility safety and security specialist (3) in subsection (f)(2) by striking investigator or marine safety engineer. investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist. 203. Clarification of Coast Guard ice operations mission (a) Coast Guard provision of Federal icebreaking services Chapter 5 section 86 87. Provision of icebreaking services (a) In general Notwithstanding any other provision of law, except as provided in subsection (b), the Coast Guard shall be the sole supplier of icebreaking services, on an advance payment or reimbursable basis, to each Federal agency that requires icebreaking services. (b) Exception In the event that a Federal agency requires icebreaking services and the Coast Guard is unable to provide the services, the Federal agency may acquire icebreaking services from another entity. . (b) Priority of Coast Guard missions in polar regions (1) Section 110 Section 110(b)(2) of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4109(b)(2) (A) by inserting to execute the statutory missions of the Coast Guard and needed (B) by inserting and all budget authority related to such operations projects, (2) Section 312 Section 312(c) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2441(c) to execute the statutory missions of the Coast Guard and needed (c) Conforming amendment The table of contents for chapter 5 87. Provision of icebreaking services. . 204. Coast Guard centers of expertise Section 58(b) (b) Missions A center shall— (1) promote, facilitate, and conduct education, training, and research programs; (2) develop and maintain a repository of information on operations, practices, and resources; and (3) perform and support any mission of the Coast Guard that the Commandant may specify. . 205. Research, development, testing, and evaluation (a) Research, development, testing, and evaluation Section 93 (1) in subsection (a)(4), by striking agencies and with private agencies; agencies, private agencies, and, through the Secretary with the concurrence of the Secretary of State, with foreign government agencies; (2) by adding at the end the following: (f) Equipment, technology, and techniques For the purposes of subsection (a)(4), the Commandant is authorized to possess, use, and consume any personal property or materials of another government agency or a private agency, or a foreign government agency, subject to the conditions regarding foreign government agencies imposed by that subsection, for the purpose of conducting research, development, testing, evaluation, and demonstration of equipment, technology, or a technique. . (b) Tuition assistance program coverage of textbooks and other educational materials Section 93(a)(7) and those textbooks, manuals, and other materials required as a part of such training or courses of instruction correspondence courses, (c) Lease of tidelands and submerged lands under control of the Coast Guard Section 93 (g) Lease of tidelands and submerged lands (1) Exception from maximum lease term Notwithstanding subsection (a)(13), a lease described in paragraph (2) may be for such term in excess of 5 years as the Commandant considers appropriate. (2) Lease described A lease referred to in paragraph (1) is a lease of the following: (A) Tidelands under the control of the Coast Guard. (B) Submerged lands under the control of the Coast Guard. . 206. Arctic maritime domain awareness (a) In general Chapter 7 154. Interagency Arctic Maritime Domain Awareness Committee (a) Establishment (1) In general The Secretary is authorized to establish an Interagency Arctic Maritime Domain Awareness Committee (referred to in this section as the Committee (2) Purpose The purpose of the Committee shall be to improve maritime domain awareness in the Arctic— (A) by promoting interagency cooperation and coordination; (B) by employing joint, interagency, and international capabilities; and (C) by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the participating agencies and departments under paragraph (3). (3) Participating agencies and departments The Committee shall coordinate the participation by and sharing of information, intelligence, and data related to the Arctic maritime domain between the following: (A) the Department of Homeland Security; (B) the Department of Defense; (C) the Department of Transportation; (D) the Department of State; (E) the Department of the Interior; (F) the National Aeronautics and Space Administration; (G) the National Oceanic and Atmospheric Administration; (H) the Environmental Protection Agency; and (I) the National Science Foundation. (b) Organization The Secretary and the head of an agency or a department under subsection (a)(3) may— (1) by agreement, on a reimbursable basis or otherwise, provide representation on the Committee; (2) by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment, and facilities with the Committee for the purpose under subsection (a)(2); and (3) to the extent possible, and consistent with applicable law, extend the authorities provided under their enabling statutes to the other participating departments and agencies in furtherance of the purpose under subsection (a)(2). (c) Information sharing (1) In general The Secretary and the head of each participating agency and department under subsection (a)(3), to the maximum extent permissible under law, shall share through the Committee all applicable information, intelligence, and data related to maritime domain awareness in the Arctic. (2) Collection and use Subject to applicable confidentiality and privacy laws, the Secretary, through the Committee, shall oversee and coordinate the collection, storage, analysis, and use of all applicable information, intelligence, and data shared under paragraph (1). (d) 5-Year strategic plan Not later than 180 days after the date that the Committee is established under subsection (a), the Secretary shall develop a 5-year strategic plan to guide interagency and international intergovernmental cooperation and coordination for the purpose of improving maritime domain awareness in the Arctic. The Secretary shall update the plan periodically. (e) Definitions In this section— (1) Arctic The term Arctic (2) Maritime domain awareness The term maritime domain awareness . (b) Conforming amendment The table of contents for chapter 7 154. Interagency Arctic Maritime Domain Awareness Committee. . 207. Annual Board of Visitors Section 194 194. Annual Board of Visitors (a) In general A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy. (b) Membership (1) In general The membership of the Board shall consist of the following: (A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman’s designee. (B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairman’s designee. (C) 3 Members of the Senate designated by the Vice President. (D) 4 Members of the House of Representatives designated by the Speaker of the House of Representatives. (E) 6 individuals designated by the President. (2) Length of service (A) Members of Congress A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the Board shall be designated as a member in the first session of a Congress and serve for the duration of that Congress. (B) Individuals designated by the President Each individual designated by the President under subparagraph (E) of paragraph (1) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed. (3) Death or resignation of a member If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member. (c) Academy visits (1) Annual visit The Board shall visit the Academy annually to review the operation of the Academy. (2) Additional visits With the approval of the Secretary, the Board or individual members of the Board may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. (d) Scope of review The Board shall review, with respect to the Academy— (1) the state of morale and discipline; (2) the curriculum; (3) the instruction; (4) the physical equipment; (5) the fiscal affairs; and (6) other matters relating to the Academy that the Board determines appropriate. (e) Report Not later than 60 days after the date of an annual visit of the Board under subsection (c)(1), the Board shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions of the Board during such visit and the recommendations of the Board pertaining to the Academy. (f) Advisors If approved by the Secretary, the Board may consult with advisors in carrying out this section. (g) Reimbursement Each member of the Board and each adviser consulted by the Board under subsection (f) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or an adviser. . III Personnel 301. Flag officers; determination of unfitness (a) In general Subchapter D of chapter 11 316. Flag officers; determination of unfitness When the Coast Guard is not operating as a service in the Navy— (1) section 1216(d) of title 10 shall not apply with respect to any member who is a flag officer being processed for retirement by reason of age or length of service; and (2) the Secretary may, with respect to any member who is a flag officer being processed for retirement by reason of age or length of service— (A) retire such member under section 1201 (B) place such member on the temporary disability retired list under section 1202 (C) separate such member from the Coast Guard under section 1203 by reason of unfitness to perform the duties of the flag officer’s office, grade, rank, or rating without approval by the Secretary of Defense or the recommendation of the Assistant Secretary of Defense for Health Affairs. . (b) Conforming amendment The table of contents for subchapter D of chapter 11 316. Flag officers; determination of unfitness. . 302. Acquisition workforce expedited hiring authority Section 404(b) of the Coast Guard Authorization Act of 2010 (124 Stat. 2951), as amended by section 218 of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1558), is amended by striking 2015 2017 303. Post-service maritime employment opportunities (a) Merchant marine post-Service career opportunities Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall take steps to promote better awareness, on an ongoing basis, among Coast Guard personnel regarding post-service use of Coast Guard training, education, and practical experience as qualifying experience in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code of Federal Regulations. (b) Timely provision of sea service letters Chapter 11 section 427 428. Timely provision of sea service letters A member of the Coast Guard who will retire or separate from the Service and who is eligible to receive a sea service letter shall be provided such sea service letter, at the member's request, not later than 90 days after making such request. . (c) Conforming amendment The table of contents for chapter 11 428. Timely provision of sea service letters. . 304. Coast Guard remission of indebtedness (a) In general Section 461 461. Remission of indebtedness The Secretary or the Secretary’s designee may have remitted or cancelled any part of an individual's indebtedness to the United States or any instrumentality of the United States if— (1) the indebtedness was incurred while the individual served on active duty as a member of the Coast Guard; and (2) the Secretary or the Secretary’s designee considers remitting or cancelling any part of the indebtedness to be in the best interest of the United States. . (b) Conforming amendment The table of contents for chapter 13 461. Remission of indebtedness. . 305. Coast Guard family support and child care (a) Section redesignations (1) Reimbursement for adoption expenses Chapter 13 of part I of title 14, United States Code, is amended by redesignating section 514 as section 541. (2) Child development services Chapter 13 of part I of title 14, United States Code, is amended by redesignating section 515 as section 552. (b) General provisions Part I of title 14, United States Code, is amended by inserting before section 541, as redesignated, the following: 14 Coast Guard family support and child care authorities A General provisions 531. Work-life policies and programs The Commandant is authorized— (1) to establish a program for the purpose of developing and promulgating policies that promote or support the well-being of Coast Guard active duty, reserve, and civilian personnel, and their families; (2) to implement and oversee the policies under paragraph (1) as the Commandant considers necessary; and (3) to perform such other duties as the Commandant considers necessary to promote or support the well-being of Coast Guard active duty, reserve, and civilian personnel, and their families. 532. Surveys of Coast Guard families (a) Authority Notwithstanding any other provision of law, the Commandant, in order to determine the effectiveness of Federal programs that promote or support the well-being of Coast Guard active duty, reserve, and civilian personnel, and their families, may survey— (1) any Coast Guard active duty, reserve, or civilian personnel; (2) any retired Coast Guard member or civilian personnel; (3) the immediate family of any member or personnel described under paragraph (1) or paragraph (2); and (4) any survivor of a deceased member. (b) Voluntary participation Participation in any survey conducted under this section shall be voluntary. (c) Federal recordkeeping With respect to a survey authorized under subsection (a) that includes a person referred to in that subsection who is not an employee of the United States or is not otherwise considered an employee of the United States for the purposes of section 3502(3)(A)(i) of title 44, the person shall be considered an employee of the United States for the purposes of that section. B Coast guard family support . (c) Coast Guard family support Part I of title 14, United States Code, is amended by inserting after section 541, as redesignated, the following: 542. Education and training opportunities for Coast Guard spouses (a) Tuition assistance; education and training The Commandant may provide, subject to the availability of appropriations, tuition assistance to an eligible spouse of a member of the Coast Guard in achieving— (1) the education and training required for a degree or credential, that expands employment and portable career opportunities for the spouse, at an accredited college, university, or technical school in the United States; or (2) the education prerequisites and professional licensure or credentialing required by a government or government-sanctioned licensing body for an occupation that expands employment and portable career opportunities for the spouse. (b) Definitions For the purposes of this section— (1) Eligible spouse (A) In general The term eligible spouse (B) Exclusions The term eligible spouse (i) a person who is married to, but legally separated from, a member of the Coast Guard under court order or statute of any State or territorial possession of the United States; or (ii) a person who is eligible for tuition assistance as a member of the armed forces. (2) Portable career opportunities The term portable career opportunities 543. Youth sponsorship initiatives (a) In general The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help integrate into new communities the dependent children of members of the Coast Guard when the members receive permanent change of station orders. (b) Description of initiative A youth sponsorship initiative under this section shall— (1) apply to a dependent child who resides in the new community due to a permanent change of station order; (2) provide for the involvement of a dependent child of a member of the Coast Guard in the dependent child's new Coast Guard community; and (3) primarily focus on children in their preteen and teenage years. . (d) Coast Guard child care (1) In general; definitions Part I of title 14, United States Code, is amended by inserting before section 552, as redesignated, the following: C Coast Guard child care 551. Definitions In this subchapter: (1) Child abuse and neglect The term child abuse and neglect (2) Child development center employee The term child development center employee (3) Coast Guard child development center (A) In general The term Coast Guard child development center (B) Exclusions The term Coast Guard child development center (4) Competitive service position The term competitive service position section 2102(a)(1) (5) Family home daycare The term family home daycare (A) is certified by the Commandant as qualified to provide home-based child care services; and (B) provides home-based child care services on a regular basis in exchange for monetary compensation. . (2) Child development services (A) Sense of Congress It is the sense of the Congress that the amount of appropriated funds available during a fiscal year for operating expenses for Coast Guard child development services should be, at a minimum, not less than the amount of child development center fee receipts that are estimated to be collected by the Coast Guard during that fiscal year. In this subparagraph, the term child development center fee receipts (B) Headings Section 552 (i) in subsection (a), by inserting In general The Commandant (ii) in subsection (b)(1), by inserting Funding for child development services The Commandant (iii) in subsection (b)(2)(A), by inserting Parent fees The Commandant (iv) in subsection (b)(2)(B), by inserting Waiver authority Fees to be charged (v) in subsection (b)(2)(C), by inserting Fee collection and use The Commandant (3) Child development center standards and inspections Part I of title 14, United States Code, is amended— (A) in section 552, as redesignated— (i) by striking subsections (c) and (e); and (ii) by redesignating subsection (d) as subsection (c); and (B) by adding after section 552, as redesignated, the following: 553. Child development center standards and inspections (a) Early childhood development standards The Commandant shall require that each child development center meets applicable health and safety standards. (b) Safety standards The Commandant shall require that each child development center under this subchapter meets such safety standards as the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the child development center. (c) Inspections The Commandant shall provide for regular and unannounced inspections of each child development center under this subchapter to ensure compliance with this section. (d) National reporting (1) In general The Commandant shall maintain and publicize a means by which an individual can report— (A) any suspected violation of— (i) standards of operation; (ii) health or safety standards; or (iii) other law or standards; (B) any suspected child abuse or neglect; or (C) any other deficiency at a Coast Guard child development center or in family home daycare. (2) Anonymous reporting The Commandant shall ensure that a report under paragraph (1) can be made anonymously if so desired by the individual making the report. (3) Procedures The Commandant shall establish procedures for investigating a report under paragraph (1). . (4) Additional child care provisions Part I is amended by adding after section 553 the following: 554. Child development center employees (a) Training (1) In general The Commandant shall prescribe a training program for Coast Guard child development center employees. Satisfactory completion of the training program shall be a condition of employment for an employee of a Coast Guard child development center. The Commandant shall require each employee complete the training program not later than 6 months after the date that the employee is employed as a Coast Guard child development center employee. (2) Minimum requirements The training program shall include, at a minimum, instruction in the following: (A) Early childhood development. (B) Activities and disciplinary techniques appropriate to children of different ages. (C) Child abuse and neglect prevention and detection. (D) Cardiopulmonary resuscitation and other emergency medical procedures. (3) Use of department of defense programs The Commandant may use Department of Defense training programs on a reimbursable or nonreimbursable basis, for purposes of complying with the requirements of this subsection. (b) Training and curriculum specialists (1) Specialist required The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience. (2) Duties The duties of the employee under paragraph (1) shall include the following: (A) Special teaching activities at the Coast Guard child development center. (B) Daily oversight and instruction of other child care employees at the Coast Guard child development center. (C) Daily assistance in the preparation of lesson plans. (D) Assisting with child abuse and neglect prevention and detection at the Coast Guard child development center. (E) Advising the director of the Coast Guard child development center on the performance of the other child care employees. (3) Competitive service Each employee under paragraph (1) shall be an employee in a competitive service position. 555. Parent partnerships with child development centers (a) Parent boards (1) Formation The Commandant shall require that there be formed at each Coast Guard child development center a board of parents, to be composed of parents of children attending the center. (2) Functions Each parent board shall— (A) meet periodically with the staff and the commander of the unit served by the center at which the parent board is formed, for the purpose of discussing problems and concerns; and (B) be responsible, together with the staff of that center, for coordinating the parent participation initiative required under subsection (b). (3) FACA A board of parents under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (b) Parent participation initiative (1) In general The Commandant is authorized to establish a parent participation initiative at each Coast Guard child development center to encourage and facilitate parent participation in educational and related activities at the center. (2) Fee reduction authority The Commandant, in the case of a parent who participates in an initiative adopted under paragraph (1), may establish fees at a lower rate than charged under section 552(b)(2)(A) for that parent. . (e) Commandant; general powers Section 93(a)(7) , and to eligible spouses under section 542, Coast Guard (f) Technical and conforming amendments (1) Section 652 of the National Defense Authorization Act for Fiscal Year 1993 ( 14 U.S.C. 514 section 514 section 541 (2) The table of contents for part I of title 14, United States Code, is amended— (A) by striking the item relating to section 514; (B) by striking the item relating to section 515; and (C) by adding after the item relating to section 518 the following: Chapter 14. Coast Guard Family Support and Child Care Authorities Subchapter A. General provisions 531. Work-life policies and programs. 532. Surveys of Coast Guard families Subchapter B. Coast Guard family support 541. Reimbursement for adoption expenses. 542. Education and training opportunities for Coast Guard spouses. 543. Youth sponsorship initiatives. Subchapter C. Coast Guard child care 551. Definitions. 552. Child development services. 553. Child development center standards and inspections. 554. Child development center employees. 555. Parent partnerships with child development centers. . 306. Active duty for emergency augmentation of regular forces Section 712(a) (1) by striking another any other (2) by striking prevention of prevention of— (3) by inserting (1) an imminent (4) in paragraph (1), as redesignated, by striking unit. unit; and (5) by inserting at the end the following: (2) a major disaster or emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 . 307. Expedited reimbursement for medical goods and services Notwithstanding section 1085 IV Administration 401. Transmission of annual Coast Guard authorization request (a) In general Title 14, United States Code, is amended by inserting after section 662 the following: 662a. Transmission of annual Coast Guard authorization request (a) In general Not later than 30 days after the date on which the President submits to Congress a budget request for a fiscal year pursuant to section 1105 (b) Coast Guard authorization request defined In this section, the term Coast Guard authorization request (1) recommended end-of-year strengths for active duty personnel and military training student loads for that fiscal year, as described in section 661; (2) recommended authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and (3) any other matter the Secretary considers appropriate for inclusion in a Coast Guard authorization bill. . (b) Conforming amendment The table of contents for chapter 17 662a. Transmission of annual Coast Guard authorization request. . 402. Recovery of travel and subsistence costs for prevention services (a) Title 46, United States Code Section 2110 (1) in subsection (c), by inserting appropriate travel and subsistence costs incurred providing a service or thing of value under this subtitle and recover (2) in subsection (d), by inserting at the end the following: (3) Amounts received as reimbursement for appropriate travel and subsistence costs incurred providing a service or thing of value under this section may be credited to the account from which expended. (4) Reimbursement for services provided under this section may include in kind reimbursement for transportation, travel, and subsistence. . (b) Title 14, United States Code Section 664 (1) in subsection (c), by inserting appropriate travel and subsistence costs incurred by the Coast Guard in providing a service or thing of value, for the fee or charge the (2) in subsection (e), by inserting and, as appropriate, for travel and subsistence costs incurred when providing a service or thing of value charge (3) by adding at the end the following: (h) Reimbursement for services provided by the Coast Guard may include in-kind reimbursement for transportation, travel, and subsistence. . 403. Retired servicemembers and family members serving on advisory committees (a) In general Chapter 17 679. Retired servicemembers and family members serving on advisory committees A committee within the Coast Guard that advises or assists the Coast Guard in the performance of any function that affects members of military families and includes in its membership a retired Coast Guard member or a member of a military family shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership. . (b) Conforming amendment The table of contents for chapter 17 679. Retired servicemembers and family members serving on advisory committees. . 404. Housing choices for Coast Guard families with special medical needs (a) Section redesignations Chapter 18 of part I of title 14, United States Code, is amended— (1) by redesignating section 685 as section 682; (2) by redesignating section 687 as section 683; and (3) by redesignating section 688 as section 684. (b) Housing choices for Coast Guard families with special medical needs Chapter 18 of part I of title 14, United States Code, as amended by subsection (a) of this section, is further amended by adding at the end the following: 685. Housing choices for Coast Guard families with special medical needs The remoteness or driving distance from a hospital of an area shall not be the basis, in policy, for preventing a member of the Coast Guard with a dependent with special medical needs, such as diabetes, asthma, or moderate disabilities, from requesting and being granted assignment to a particular area, unless the Commandant has determined that such needs cannot be sufficiently met with appropriate services while residing in that area. . (c) Technical and conforming amendments (1) Section 682(b) section 687 section 683 (2) The table of contents for part I of title 14, United States Code, is amended— (A) by striking the item relating to section 685; (B) by striking the item relating to section 687; (C) by striking the item relating to section 688; and (D) by adding after the item relating to section 681 the following: 682. Conveyance of real property. 683. Coast Guard Housing Fund. 684. Reports. 685. Housing choices for Coast Guard families with special medical needs. . 405. Authority to construct Coast Guard child development center facilities (a) General authority Section 681 (1) in subsection (a)— (A) by striking housing or military unaccompanied housing, housing, military unaccompanied housing, or Coast Guard child development center facilities, (B) by adding at the end the following: (3) Coast Guard child development center facilities. ; and (2) in subsection (b), by striking housing or military unaccompanied housing housing, military unaccompanied housing, or Coast Guard child development center facilities (b) Conveyance of real property Section 682 (1) in subsection (a), by striking housing and military unaccompanied housing housing, military unaccompanied housing, and Coast Guard child development center facilities (2) in subsection (b)(1), by striking housing and military unaccompanied housing housing, military unaccompanied housing, and Coast Guard child development center facilities (3) in subsection (b)(2), by striking housing or military unaccompanied housing housing, military unaccompanied housing, or Coast Guard child development center facilities (c) Coast Guard housing fund Section 683 (1) in subsection (b)(2), by striking housing or military unaccompanied housing housing, military unaccompanied housing, or Coast Guard child development center facilities (2) in subsection (b)(3), by striking housing and military unaccompanied housing housing, military unaccompanied housing, and Coast Guard child development center facilities (3) in subsection (c), by striking housing and military unaccompanied housing housing, military unaccompanied housing, and Coast Guard child development center facilities (d) Definitions Section 680 (1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (6), respectively; (2) by inserting before paragraph (2), as redesignated, the following: (1) The term Coast Guard child development center facilities ; (3) in paragraph (2), as redesignated, by striking housing and military unaccompanied housing housing, military unaccompanied housing, and Coast Guard child development center facilities (4) in paragraph (3), as redesignated, by striking housing and military unaccompanied housing housing, military unaccompanied housing, and Coast Guard child development center facilities 406. Heavy polar icebreaker design and construction (a) Competitive bidding authority Notwithstanding the requirement of section 3316(a) chapter 15 (b) Limitation (1) In general The Secretary of the department in which the Coast Guard is operating may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for— (A) design activities related to a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of another Federal department or agency, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or (B) long-lead-time materials, production, or post-delivery activities related to such a capability. (2) Other amounts Amounts made available to the Secretary under an agreement with another Federal department or agency and expended on a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of that or another Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation established under paragraph (1). 407. Forward operating facilities The Secretary of the department in which the Coast Guard is operating is authorized to construct or lease hangar, berthing, and messing facilities in the Arctic Region and Bering Sea-Aleutian Islands operating area. The facilities shall— (1) support aircraft maintenance, including exhaust ventilation, heat, engine wash system, head facilities, fuel, ground support services, and electrical power; (2) provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and (3) provide berthing and messing facilities for maintenance and aircrew personnel. 408. Enhanced national response capability (a) In general Section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 (1) in subsection (a)(23)— (A) by striking Unit Functions (B) by striking established maintained (2) in subsection (j)(2), by striking National response unit acting through the National Response Unit National response functions The Secretary of the department in which the Coast Guard is operating— ; and (3) in subsection (j)(4)(C)(vi), by striking , and into operating procedures of the National Response Unit (b) Conforming amendment Section 4202(b) of the Oil Pollution Act of 1990 ( 33 U.S.C. 1321 (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. 409. Updates to fines and penalties (a) Aids to navigation and false distress messages Chapter 5 (1) in section 83, by striking $100 $1,500 (2) in section 84, by striking $500 $5,000 (3) in section 85, by striking $100 $1,500 (4) in section 88(c)(2), by striking $5,000 $10,000 (b) Coast Guard ensigns and pennants Section 638(b) $5,000 $50,000 (c) Unauthorized use of words Coast Guard Section 639 $1,000 $10,000 410. Technical amendment; Coast Guard Academy charges and fees for attendance Section 197(b) of Homeland Security V Shipping and navigation 501. Prompt intergovernmental notice of marine casualties Section 6101 (c) Notice to State and tribal governments (1) Requirement to notify Not later than 24 hours after receiving notice of a reportable marine casualty under this section, the Secretary shall report the marine casualty to the designated official of— (A) each appropriate State agency of a State; and (B) each tribal government of an Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a (2) Designated official Each State and tribal government referred to in paragraph (1) shall identify for the Secretary the designated official to receive a report under paragraph (1). . 502. Drug testing reporting Section 7706 (1) in subsection (a), by inserting an applicant for employment by a Federal agency, Federal agency, (2) in subsection (c), by— (A) inserting or an applicant for employment by a Federal agency an employee (B) striking the employee. the employee or the applicant. 503. Protection and fair treatment of seafarers (a) In general Chapter 111 11113. Protection and fair treatment of seafarers (a) Purpose The purpose of this section shall be to ensure the protection and fair treatment of seafarers. (b) Special fund (1) Establishment There is established in the Treasury a special fund known as the Support of Seafarers Fund. (2) Use of amounts in fund The amounts deposited into the Fund shall be available to the Secretary, without fiscal year limitation— (A) to pay necessary support under subsection (c)(1); and (B) to reimburse a shipowner for necessary support for the duration of a seafarer's involvement in an investigation under subsection (c)(2). (3) Amounts credited to fund Notwithstanding any other provision of law, the Fund may receive— (A) any moneys ordered to be paid to the Fund in the form of community service under section 8B1.3 of the United States Sentencing Guidelines Manual or to the extent permitted under paragraph (4); and (B) amounts reimbursed or recovered under subsection (e). (4) Prerequisite for community service credits The Fund may receive credits under paragraph (3)(A) if the unobligated balance of the Fund is less than $5,000,000. (5) Authorization of appropriation There is authorized to be appropriated, from the Fund, for each fiscal year such sums as may be necessary for the purposes set forth in paragraph (2). (6) Report required (A) In general The Secretary shall submit to Congress, concurrent with the President's budget submission for a given fiscal year, a report that describes— (i) the amounts credited to the Fund under paragraph (3) for the preceding fiscal year; (ii) in detail, the activities for which amounts were charged; and (iii) the projected level of expenditures from the Fund for the upcoming fiscal year, based on— (I) on-going activities; and (II) new cases, derived from historic data. (B) Exception Subparagraph (A) shall not apply to obligations during the first fiscal year during which amounts are credited to the Fund. (7) Fund manager The Secretary shall designate a Fund manager who shall— (A) ensure the visibility and accountability of transactions utilizing the Fund; (B) prepare the report under paragraph (6); (C) monitor the unobligated balance of the Fund; and (D) provide notice to the Secretary and the Attorney General whenever the unobligated balance of the Fund is less than $5,000,000. (c) Authority The Secretary may— (1) pay, from amounts appropriated from the Fund, necessary support of— (A) a seafarer that— (i) enters, remains, or is paroled into the United States; and (ii) is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard; and (B) a seafarer that the Secretary determines was abandoned in the United States; and (2) reimburse, from amounts appropriated from the Fund, a shipowner that has provided necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard, for the costs of necessary support if the Secretary determines that reimbursement is necessary to avoid serious injustice. (d) Limitation Nothing in this section shall be construed— (1) to create a right, benefit, or entitlement to necessary support; or (2) to compel the Secretary to pay or reimburse the cost of necessary support. (e) Reimbursement; recovery (1) In general A shipowner shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer plus a surcharge of 25 percent of the total amount if— (A) the shipowner— (i) during the course of an investigation, reporting, documentation, or adjudication of any matter that the Coast Guard referred to a United States Attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and (ii) subsequently receives a criminal penalty; or (B) the shipowner, under any circumstance, abandons a seafarer in the United States, as determined by the Secretary. (2) Enforcement If a shipowner fails to reimburse the Fund under paragraph (1), the Secretary may— (A) proceed in rem against the vessel on which the affected seafarer served in the Federal district court for the district in which the vessel is found; and (B) withhold or revoke the clearance required under section 60105 of any vessel of the shipowner wherever the vessel is found. (3) Remedy A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the shipowner reimburses the Fund the amount required under paragraph (1). (f) Bond and surety (1) Authority The Secretary may require a bond or a surety satisfactory as an alternative to withholding or revoking clearance under subsection (e) if, in the opinion of the Secretary, the bond or surety satisfactory is necessary to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard. (2) Surety corporations A surety corporation may provide a bond or surety satisfactory under paragraph (1) if the surety corporation is authorized by the Secretary of the Treasury under section 9305 of title 31 to provide surety bonds under section 9304 (3) Application The authority to require a bond or surety satisfactory or to request the withholding or revocation of the clearance under subsection (e) applies to any investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard. (g) Definitions In this section: (1) Abandons; abandoned The term abandons abandoned (A) a shipowner's unilateral severance of ties with a seafarer; or (B) a shipowner's failure to provide necessary support of a seafarer. (2) Fund The term Fund (3) Necessary support The term necessary support (4) Seafarer The term seafarer (5) Shipowner The term shipowner (6) Vessel subject to the jurisdiction of the United States The term vessel subject to the jurisdiction of the United States (A) a vessel— (i) that is owned by the United States, a State or political subdivision thereof, or a foreign nation; and (ii) that is not engaged in commerce; and (B) a bareboat— (i) that is chartered and operated by the United States, a State or political subdivision thereof, or a foreign nation; and (ii) that is not engaged in commerce. (h) Regulations The Secretary may prescribe regulations to implement this section. . (b) Conforming amendment The table of contents for chapter 111 11113. Protection and fair treatment of seafarers. . (c) Authorization of appropriations There is authorized to be appropriated to the Support of Seafarers Fund $1,500,000 for each of fiscal years 2015 and 2016. 504. Vessel requirements for notices of arrival and departure and automatic identification system (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall publish a final rule implementing the proposed rule Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System (b) Rule of construction The Secretary of the department in which the Coast Guard is operating shall ensure, with respect to a final rule issued under subsection (a), that any notice of arrival or notice of departure requirement in the final rule applies to vessels in a manner consistent with the regulations promulgated under section 109(a) of the Security and Accountability for Every Port Act of 2006 ( 33 U.S.C. 1223 505. Improved safety information for vessels Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a permitting process by which an operator of a marine exchange or other non-Federal vessel traffic information service may apply for permission to use the automatic identification system to transmit weather, ice, and other important navigation safety information to vessels. 506. Prompt publication of oil spill information (a) In general In any response to an oil spill in which the Coast Guard serves as the Federal on-scene coordinator leading a unified command, the Commandant of the Coast Guard shall publish, on a publicly accessible website, all written incident action plans prepared and approved as a part of the response to the oil spill. (b) Timeliness and duration The Commandant of the Coast Guard shall— (1) publish each incident action plan under subsection (a) promptly after the incident action plan is approved for implementation by the unified command, but not later than 12 hours after the beginning of the operational period for which the plan is prepared; and (2) ensure that each incident action plan under subsection (a) remains publicly accessible on the website under subsection (a) for the duration of the response to the applicable oil spill. (c) Redaction of personal information The Commandant may redact information from an incident action plans published under subsection (a) to the extent necessary to comply with applicable privacy laws and other laws regarding the protection of personal information. 507. Area contingency plans Section 311(j)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(4) (1) in subparagraph (A), by inserting , and of tribal governments of Indian tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a and local agencies (2) in subparagraph (B)(ii)— (A) by striking and local , local, and tribal (B) by striking wildlife; wildlife, including advance planning with respect to the closing and reopening of fishing grounds following a discharge; (3) in subparagraph (B)(iii), by striking and local , local, and tribal (4) in subparagraph (C)— (A) in clause (iv), by inserting and tribal governments of Indian tribes local agencies, (B) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and (C) by inserting after clause (vi) the following: (vii) develop a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing grounds following a discharge, including protocols and standards for the closing and reopening of fishing areas; . 508. Coast Guard response plan requirements (a) Vessel response plan contents The Secretary of the department in which the Coast Guard is operating shall require that each vessel response plan prepared for a mobile offshore drilling unit include information from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge. (b) Definitions In this section: (1) Mobile offshore drilling unit The term mobile offshore drilling unit (2) Response plan The term response plan (3) Worst case discharge The term worst case discharge (c) Rule of Construction Nothing in this section shall be construed to require the Coast Guard to review or approve a facility response plan for a mobile offshore drilling unit. VI Miscellaneous 601. Waivers (a) F/V Western Challenger Notwithstanding sections 12112 and 12132 and chapter 551 (b) John Craig (1) Exemption Section 8902 (2) Application The exemption under paragraph (1) shall apply on and after the date on which the Secretary of the department in which the Coast Guard is operating determines that a licensing requirement has been established under Kentucky State law that applies to an operator of the vessel JOHN CRAIG. 602. Inflationary adjustment for Regional Citizens’ Advisory Council Section 5002(k)(3) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2732(k)(3) not more than $1,000,000 not less than $1,400,000
Howard Coble Coast Guard and Maritime Transportation Act of 2014
Pause for Safety Act of 2014 - Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice (DOJ) to make grants to to assist states in carrying out state legislation that: (1) authorizes family members or close associates of an individual to apply for, and state courts or magistrates to issue, gun violence prevention orders (prohibiting a named individual from owning, purchasing, possessing, or receiving firearms because such individual poses a significant threat of personal injury to the individual or others) and gun violence prevention warrants (directing a law enforcement officer to temporarily seize any firearm in the possession of such individual); and (2) requires each law enforcement agency of the state to comply with a procedure that requires a law enforcement officer, in conjunction with performing a wellness check (a visit to an individual's residence to assess whether the individual poses a danger to the individual or others due to a mental, behavioral, or physical condition), to check whether the individual is listed on any of the firearm and ammunition databases of the state or jurisdiction in which the individual resides. Requires: (1) a court issuing such an order and warrant to hold a hearing within 14 days to determine whether the individual who is the subject of the order may own, purchase, possess, or receive firearms and whether any seized firearms should be returned; (2) the state or petitioner to establish probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm; (3) the individual to be prohibited from possessing a firearm for up to one year if he or she is found to pose a significant threat; and (4) the firearm to be returned if the court finds that the state has not met the required standard of proof. Authorizes a law enforcement agency to seek renewal of an order if it has probable cause to believe the individual continues to pose a threat. Amends the federal criminal court to prohibit: (1) the sale or disposition of a firearm or ammunition to anyone subject to such an order; and (2) any person subject to such an order from owning, purchasing, possessing, or receiving any firearms.
To provide family members and close associates of an individual who they fear is a danger to himself, herself, or others new tools to prevent gun violence. 1. Short title This Act may be cited as the Pause for Safety Act of 2014 2. Definitions In this Act— (1) the term close associate (A) a dating partner, friend, co-worker, or neighbor of the individual; or (B) any other person who has a relationship with the individual so as to be concerned about the safety and well-being of the individual, as determined by a State; (2) the term family member (3) the term firearm section 921 (4) the term gun violence prevention order (5) the term gun violence prevention warrant (6) the term law enforcement officer (7) the term wellness check 3. National gun violence prevention order and warrant law (a) Enactment of gun violence prevention order law In order to receive a grant under section 4, on the date that is 3 years after the date of enactment of this Act, each State shall have in effect legislation that— (1) authorizes a gun violence prevention order and gun violence prevention warrant in accordance with subsection (b); and (2) requires each law enforcement agency of the State to comply with subsection (c). (b) Requirements for gun violence prevention orders and warrants Legislation required under subsection (a) shall be subject to the following requirements: (1) Application for gun violence prevention order A family member or close associate of an individual may submit an application to a State court, on a form designed by the court, that— (A) describes the facts and circumstances necessitating that a gun violence prevention order be issued against the named individual; (B) is signed by the applicant, under oath; and (C) includes any additional information required by the State court or magistrate (or other comparable judicial officer) to demonstrate that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others. (2) Examination of applicant and witnesses A State court or magistrate (or other comparable judicial officer) may, before issuing a gun violence prevention order— (A) examine under oath, the individual who applied for the order under paragraph (1) and any witnesses the individual produces; and (B) (i) require that the individual or any witness submit a signed affidavit, which describes the facts the applicant or witness believes establish the grounds of the application; or (ii) take an oral statement from the individual or witness under oath. (3) Standard for issuance of order (A) In general A State court or magistrate (or other comparable judicial officer) may issue a gun violence prevention order only upon a finding of probable cause that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others. (B) Notification (i) In general The court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (ii) Update of databases As soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect the prohibitions articulated in the gun violence prevention order. (4) Issuance of gun violence prevention warrant (A) In general After issuing a gun violence prevention order, a State court or magistrate (or other comparable judicial officer) shall, upon a finding of probable cause to believe that the named individual subject to the order has a firearm in his custody or control, issue a gun violence prevention warrant ordering the temporary seizure of all firearms specified in the warrant. (B) Requirement Subject to paragraph (6), a gun violence prevention warrant issued under subparagraph (A) shall require that any firearm described in the warrant be taken from any place, or from any individual in whose possession, the firearm may be. (5) Service of gun violence prevention order When serving a gun violence prevention order, a law enforcement officer shall provide the individual with a form to request a hearing in accordance with paragraph (6)(F). (6) Temporary seizure of firearms (A) In general When a law enforcement officer takes property under a gun violence prevention warrant, the law enforcement officer shall give a receipt for the property taken, specifying the property in detail, to the individual from whom it was taken. In the absence of a person, the law enforcement officer shall leave the receipt in the place where the law enforcement officer found the property. (B) Temporary custody of seized firearms All firearms seized pursuant to a gun violence prevention warrant shall be retained by the law enforcement officer or the law enforcement agency in custody, subject to the order of the court that issued the warrant or to any other court in which an offense with respect to the firearm is triable. (C) Limitation on seizure of firearms If the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a firearm is located during the execution of the seizure warrant, and it is determined that the firearm is owned by an individual other than the individual named in the gun violence prevention warrant, the firearm may not be seized if— (i) the firearm is stored in a manner that the individual named in the gun violence prevention warrant does not have access to or control of the firearm; and (ii) there is no evidence of unlawful possession of the firearm by the owner. (D) Gun safe If the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a gun safe is located, and it is determined that the gun safe is owned by an individual other than the individual named in the gun violence prevention warrant, the contents of the gun safe shall not be searched except in the owner’s presence, or with the owner's consent, or unless a valid search warrant has been obtained. (E) Return of firearm to rightful owner If any individual who is not a named individual in a gun violence prevention warrant claims title to a firearm seized pursuant to a gun violence prevention warrant, the firearm shall be returned to the lawful owner not later than 30 days after the date on which the title is claimed. (F) Right to request a hearing A named individual may submit 1 written request at any time during the effective period of a gun violence prevention order issued against the individual for a hearing for an order allowing the individual to own, possess, purchase, or receive a firearm. (7) Hearing on gun violence prevention order and gun violence prevention warrant (A) In general Except as provided in subparagraph (E), not later than 14 days after the date on which a gun violence prevention order and, when applicable, a gun violence prevention warrant, is issued, the court that issued the order and, when applicable, the warrant, or another court in that same jurisdiction, shall hold a hearing to determine whether the individual who is the subject of the order may have under the custody or control of the individual, own, purchase, possess, or receive firearms and, when applicable, whether any seized firearms should be returned to the individual named in the warrant. (B) Notice The individual named in a gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter. (C) Burden of proof (i) In general Except as provided in clause (ii), at any hearing conducted under subparagraph (A), the State or petitioner shall have the burden of establishing probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm. (ii) Higher burden of proof A State may establish a burden of proof for hearings conducted under subparagraph (A) that is higher than the burden of proof required under clause (i). (D) Requirements upon finding of significant risk If the named individual is found at the hearing to pose a significant risk of personal injury to the named individual or others by owning or possessing a firearm, the following shall apply: (i) The firearm or firearms seized pursuant to the warrant shall be retained by the law enforcement agency for a period not to exceed 1 year. (ii) The named individual shall be prohibited from owning or possessing, purchasing or receiving, or attempting to purchase or receive a firearm for a period not to exceed 1 year, a violation of which shall be considered a misdemeanor offense. (iii) The court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual's right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (iv) As soon as practicable after receiving a notification under clause (iii), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect— (I) the prohibitions articulated in the gun violence prevention order; or (II) an order issued to restore an individual's right to own or possess a firearm. (E) Return of firearms If the court finds that the State has not met the required standard of proof, any firearm seized pursuant to the warrant shall be returned to the named individual not later than 30 days after the hearing. (F) Limitation on hearing requirement If an individual named in a gun violence prevention warrant is prohibited from owning or possessing a firearm for a period of 1 year or more by another provision of State or Federal law, a hearing pursuant to subparagraph (A) is not required and the court shall issue an order to hold the firearm until either the individual is no longer prohibited from owning a firearm or the individual sells or transfers ownership of the firearm to a licensed firearm dealer. (8) Renewing gun violence prevention order and gun violence prevention warrant (A) In general Except as provided in subparagraph (E), if a law enforcement agency has probable cause to believe that an individual who is subject to a gun violence prevention order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm, the agency may initiate a request for a renewal of the order, on a form designed by the court, describing the facts and circumstances necessitating the request. (B) Notice The individual named in the gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter. (C) Hearing After notice is given under subparagraph (B), a hearing shall be held to determine if a request for renewal of the order shall be issued. (D) Issuance of renewal Except as provided in subparagraph (E), a State court may issue a renewal of a gun violence prevention order if there is probable cause to believe that the individual who is subject to the order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm. (E) Higher burden of proof A State may establish a burden of proof for initiating a request for or issuing a renewal of a gun violence prevention order that is higher than the burden of proof required under subparagraph (A) or (D). (F) Notification (i) In general The court shall notify the Department of Justice and comparable State agency of a renewal of the gun violence prevention order not later than 2 court days after renewing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (ii) Update of databases As soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect— (I) the prohibitions articulated in the renewal of the gun violence prevention order; or (II) an order issued to restore an individual's right to own or possess a firearm. (c) Law enforcement check of State firearm database Each law enforcement agency of the State shall establish a procedure that requires a law enforcement officer to, in conjunction with performing a wellness check on an individual, check whether the individual is listed on any of the firearm and ammunition databases of the State or jurisdiction in which the individual resides. (d) Confidentiality protections All information provided to the Department of Justice and comparable State agency pursuant to legislation required under subsection (a) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice and comparable State agency. 4. Pause for Safety grant program (a) In general The Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to an eligible State to assist the State in carrying out the provisions of the State legislation described in section 3. (b) Eligible State A State shall be eligible to receive grants under this section on and after the date on which— (1) the State enacts legislation described in section 3; and (2) the Attorney General determines that the legislation of the State described in paragraph (1) complies with the requirements of section 3. (c) Use of funds Funds awarded under this section may be used by a State to assist law enforcement agencies or the courts of the State in carrying out the provisions of the State legislation described in section 3. (d) Application An eligible State desiring a grant under this section shall submit to the Director of the Office of Community Oriented Policing Services an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 5. Federal firearms prohibition Section 922 (1) in subsection (d)— (A) in paragraph (8)(B)(ii), by striking or (B) in paragraph (9), by striking the period at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or (B) in paragraph (9), by striking the comma at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) who is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms, . 6. Full faith and credit Any gun violence prevention order issued under a State law enacted in accordance with this Act shall have the same full faith and credit in every court within the United States as they have by law or usage in the courts of such State from which they are issued. 7. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.
Pause for Safety Act of 2014
Truth in Obamacare Accounting Act - Requires the Congressional Budget Office (CBO) to provide regular estimates of the net effect that enactment and implementation of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 had on direct spending, revenue, and the deficit. Requires CBO to include the estimates in each annual and revised report on the budget and economic outlook prepared pursuant to the Congressional Budget Act of 1974.
To require the Congressional Budget Office to annually report changes in direct spending and revenue associated with the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Truth in Obamacare Accounting Act 2. Congressional Budget Office reporting on the Patient Protection and Affordable Care Act The Congressional Budget Office shall include in each annual report on the budget and economic outlook, and each revision of such a report, prepared under section 202(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(e) Public Law 111–148 Public Law 111–152
Truth in Obamacare Accounting Act
Permits any enrolled agent properly licensed to represent taxpayers before the Internal Revenue Service (IRS) to use the credentials or designation of "enrolled agent," "EA," or "E.A."
To amend title 31, United States Code, to clarify the use of credentials by enrolled agents. 1. Clarification of enrolled agent credentials Section 330 (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and (2) by inserting after subsection (a) the following new subsection: (b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of enrolled agent EA E.A. .
A bill to amend title 31, United States Code, to clarify the use of credentials by enrolled agents.
Servicemember Higher Education Protection Act - Amends the Higher Education Act of 1965 (HEA) to direct: the Secretary of Education (Secretary) to create a revised and searchable website with information about all federal and state student financial assistance programs available to servicemembers, veterans, and their families; the Secretary to create a simplified federal student loan disclosure and enrollment form for borrowers who are performing eligible military service; the Chief Operating Officer of the Performance-Based Organization established in the Department of Education to appoint a military and veteran point of contact, within the office of the Student Loan Ombudsman, to help ensure that servicemembers, veterans, and their families receive the loan benefits and protections to which they are entitled; the Department of Defense (DOD), Department of Veterans Affairs (VA), and Secretary to ensure that the federal student loans of a servicemember or veteran who has been assigned a disability rating of 100% are automatically discharged; the Secretary to work with the Commissioner of Revenue (IRS) and DOD to ensure that interest does not accrue on the Federal Direct Loans of borrowers who are performing eligible military service in an area of hostilities that qualifies them for special pay; the Secretary to incorporate the military and veteran status of borrowers in the National Student Loan Data system; an Institution of Higher Education (IHE) that enrolls more than 100 students who are veterans to certify that it has developed and implemented a plan to ensure the success of veterans at that IHE; and the Secretary to use information the Secretary receives from DOD regarding the active duty status of borrowers to ensure that the interest rate charged servicemembers on a Federal Direct Loan does not exceed the maximum interest rate allowed under the Servicemembers Civil Relief Act. Defers payments on student loans under title IV (Student Assistance) of the HEA: (1) during the period a borrower is performing eligible military service and for the 180-day period following the servicemember's demobilization date; and (2) for any period of up to 180 days after the movement date of a borrower's spouse if that spouse is a servicemember who has received military orders for a permanent change of station. Defines "eligible military service." Qualifies recipients of Federal Perkins Loans for loan forgiveness for eligible military service. (Currently, the service must occur in an area of hostilities that qualifies the servicemember for special pay.) Treats a borrower who is enrolled in a public service employee repayment plan and who makes a lump sum payment through a student loan repayment program for servicemembers or a similarly structured repayment program as having made a number of qualifying monthly payments under the public service employee repayment plan. Amends the Servicemembers Civil Relief Act to set a 6% limitation on the interest rate that can be charged a servicemember during the servicemember's military service and one year thereafter on the student loans incurred by the servicemember prior to his or her military service, including student loans incurred prior to such service but consolidated or refinanced during that service. Requires DOD, the Secretary, the VA, and the Director of the Consumer Financial Protection Bureau (CFPB) to jointly establish and maintain a working group to assess and improve the resources available to education service officers and other federal personnel who provide assistance to servicemembers and their spouses in using or seeking to use the DOD's tuition assistance programs.
To protect servicemembers in higher education, and for other purposes. 1. Short title This Act may be cited as the Servicemember Higher Education Protection Act 2. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 3. Benefits for borrowers who are members of the Armed Forces Section 131(f) is amended to read as follows: (f) Benefits for members of the Armed Forces (1) Website (A) In General The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall create a revised and updated searchable Internet website that— (i) contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmission requirements under section 484C, and other student services, for which members of the Armed Forces (including members of the National Guard and Reserves), veterans, and the dependents of such members or veterans may be eligible; and (ii) is easily accessible through the Internet website described in subsection (e)(3). (B) Implementation Not later than 365 days after the date of the enactment of the Servicemember Higher Education Protection Act (C) Dissemination The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall make the availability of the Internet website described in subparagraph (A) widely known to members of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public. (D) Definition In this paragraph, the term Federal and State student financial assistance (i) administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and (ii) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans. (2) Enrollment Form (A) In General The Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection and the heads of any other relevant Federal agencies, shall create a simplified disclosure and enrollment form for borrowers who are performing eligible military service (as defined in section 481(d)). (B) Contents The disclosure and enrollment form described in subparagraph (A) shall include— (i) information about the benefits and protections under title IV and under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) that are available to such borrowers because of their status as borrowers who are performing eligible military service (as defined in section 481(d)); and (ii) an opportunity for the borrower, by completing the enrollment form, to invoke certain protections, activate certain benefits, and enroll in certain programs that may be available to that borrower, which shall include the opportunity— (I) to invoke applicable protections that are available under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), as such protections relate to Federal student loans under title IV; and (II) to activate or enroll in any other applicable benefits that are available to such borrower under this Act due to the borrower's status as a borrower who is performing eligible military service (as defined in section 481(d)), such as eligibility for a deferment or eligibility for a period during which interest shall not accrue. (C) Implementation Not later than 365 days after the date of the enactment of the Servicemember Higher Education Protection Act (D) Notice Requirements (i) SCRA interest rate limitation The completion of the disclosure and enrollment form created pursuant to subparagraph (A) by the borrower of a loan made, insured, or guaranteed under part B or part D of title IV who is otherwise subject to the interest rate limitation in subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a) (ii) FFEL Lenders The Secretary shall provide each such disclosure and enrollment form completed and submitted by a borrower of a loan made, insured, or guaranteed under part B of title IV who is otherwise subject to the interest rate limitation in subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a) . 4. POC in the FSA Ombudsman for members of the Armed Forces and veterans Section 141(f) ( 20 U.S.C. 1018(f) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Military and Veteran Point of Contact (A) In general The Chief Operating Officer, in consultation with the Secretary, shall appoint a designated military and veteran point of contact within the office of the Student Loan Ombudsman. (B) Functions The designated military and veteran point of contact described in subparagraph (A) shall— (i) monitor the complaints received from the Ombudsman under paragraph (3)(A) from, and provide timely assistance to, members of the Armed Forces (including members of the National Guard and Reserves), veterans, and their dependents; (ii) coordinate with other agencies, including the Department of Defense, the Department of Veterans Affairs, and the Bureau of Consumer Financial Protection, to ensure that members of the Armed Forces, veterans, and the dependents of members of the Armed Forces and veterans, who are students, borrowers, or potential borrowers, are aware of the availability and functions of the Ombudsman; and (iii) issue to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an annual report on the challenges that such members of the Armed Forces, veterans, and dependents are facing as students, borrowers, and potential borrowers. . 5. Disability determinations (a) Amendment to the Higher Education Act of 1965 Section 437(a)(2) ( 20 U.S.C. 1087(a)(2) (2) Disability determinations (A) In General A borrower who has been assigned a disability rating of 100 percent (or a combination of ratings equaling 100 percent or more) by the Secretary of Veterans Affairs or the Secretary of Defense for a service-connected disability (as defined in section 101 (B) Rating of disability A disability rating described in subparagraph (A), or similar determination of unemployability by the Secretary of Veterans Affairs or the Department of Defense, transmitted in accordance with subparagraph (C) shall be considered sufficient documentation for purposes of this subsection. (C) Transfer of information Not later than 180 days after the date of enactment of the Servicemember Higher Education Protection Act . (b) Reports (1) Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress a report that includes a plan to carry out the activities described under section 437(a)(2)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a)(2) (2) Follow-up Report If the Secretary of Education has not carried out the activities described under section 437(a)(2)(C) of the Higher Education Act of 1965, as amended by this section, by the date that is 1 year after the date of enactment of this Act, the Secretary of Education shall submit, by such date, a report that includes an explanation of why those activities have not been implemented and a description of any legislative changes that are necessary to allow for the implementation of such activities. 6. Loan deferment for borrowers performing military service and certain spouses of members of the Armed Forces (a) FFEL Loans Section 428(b)(1)(M) ( 20 U.S.C. 1078(b)(1)(M) (1) by redesignating clause (iv) as clause (v); (2) in clause (iii), by striking the borrower— described in subclause (I) or (II); or the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (3) by inserting after clause (iii) the following: (iv) not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or . (b) Direct Loans Section 455(f)(2) ( 20 U.S.C. 1087e(f)(2) (1) by redesignating subparagraph (D) as subparagraph (E); (2) in subparagraph (C), by striking the borrower— described in clause (i) or (ii); or the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (3) by inserting after subparagraph (C) the following: (D) any period not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or . (c) Federal Perkins Loans (1) Section 464(c)(2)(A) ( 20 U.S.C. 1087dd(c)(2)(A) (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) in clause (iii), by striking the borrower— described in subclause (I) or (II); during which the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (C) by inserting after clause (iii) the following: (iv) not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or . (2) Section 465(a)(2)(D) ( 20 U.S.C. 1087ee(a)(2)(D) qualifies for special pay under section 310 is eligible military service (d) Definition Section 481(d) ( 20 U.S.C. 1088(d) (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (2) by inserting after paragraph (1) the following: (2) Eligible military service The term eligible military service (A) in the case of a member of a regular component of the Armed Forces, means full-time duty in the Armed Forces, other than active duty for training (as defined in section 101 of title 38, United States Code); (B) in the case of a member of the reserve components of the Armed Forces, means service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code, or section 712 (C) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, means, in addition to service described in subparagraph (B), full-time service— (i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or (ii) in the National Guard under section 502(f) (D) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and (E) does not include any period during which an individual— (i) was assigned full-time by the Armed Forces to a civilian institution for a course of education that was substantially the same as established courses offered to civilians; (ii) serves as a cadet or midshipman at one of the military service academies of the United States; or (iii) serves under the provisions of section 12103(d) . 7. Public service loan forgiveness Section 455(m) ( 20 U.S.C. 1087e(m) (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: (3) Lump sum payment For purposes of this subsection, if a borrower has enrolled in a repayment plan described in paragraph (1)(A) and makes a lump sum payment through a student loan repayment program under section 2171 of title 10, United States Code, or a similarly structured eligible repayment program (as determined by the Secretary), the Secretary will treat the borrower as having made a number of qualifying payments equal to the lesser of— (A) the number, rounded to the nearest whole number, equal to the quotient of— (i) such lump sum payment; divided by (ii) the monthly payment amount that the borrower would have otherwise made under the repayment plan described in paragraph (1)(A) selected by the borrower; or (B) 12 payments. . 8. Accrual of interest for members of the Armed Forces subject to hostile fire or imminent danger Section 455(o) is amended— (1) by striking paragraph (1) and inserting the following: (1) In General Notwithstanding any other provision of this part and in accordance with paragraphs (2) and (4), the Secretary shall not charge interest on a loan made to a borrower under this part for which the first disbursement is made on or after October 1, 2008, during the period in which a borrower who is performing eligible military service (as defined in section 481(d)) is serving in an area of hostilities in which service qualifies for special pay under section 310 ; (2) by striking paragraph (3) and inserting the following: (3) Implementation of accrual of interest provision for members of the Armed Forces (A) In General The Secretary shall enter into any necessary agreements, including agreements with the Commissioner of Revenue and the Secretary of Defense— (i) to ensure that interest does not accrue for borrowers described in paragraph (1), in accordance with this subsection; and (ii) to obtain or provide any information necessary to implement clause (i) without requiring a request from the borrower. (B) Reports (i) Plan Not later than 90 days after the date of the enactment of the Servicemember Higher Education Protection Act (ii) Follow-up Report If the Secretary has not implemented the accrual of interest provision described in subparagraph (A) by the date that is 1 year after the date of enactment of the Servicemember Higher Education Protection Act ; and (3) in paragraph (4), by striking who qualifies as an eligible military borrower under this subsection described in paragraph (1) 9. National Student Loan Data System (a) Amendment to the Higher Education Act of 1965 Subsection (h) of section 485B ( 20 U.S.C. 1092b(h) (h) Integration of databases (1) In General The Secretary shall integrate the National Student Loan Data System with the Federal Pell Grant applicant and recipient databases as of January 1, 1994, and any other databases containing information on participation in programs under this title. (2) Department of Defense Information (A) In General In order to incorporate the military and veteran status of borrowers into the National Student Loan Data System, the Secretary shall integrate the National Student Loan Data System with information from— (i) the Department of Defense, including the Defense Manpower Data Center; and (ii) the Department of Veterans Affairs, including data about veterans who are eligible for educational assistance under laws administered by the Secretary of Veterans Affairs. (B) Memoranda of understanding The Secretary shall enter into any memoranda of understanding or other agreements that are necessary to carry out this paragraph. . (b) Reports (1) Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress a report that includes a plan to implement the Department of Defense data integration provision described under section 485B(h)(2) of the Higher Education Act of 1965, as amended by this section. (2) Follow-up Report If the Secretary of Education has not implemented the Department of Defense data integration provision described under section 485B(h)(2) of the Higher Education Act of 1965, as amended by this section, by the date that is 1 year after the date of enactment of this Act, the Secretary of Education shall submit, by such date, a report that includes an explanation of why such provision has not been implemented and a description of any legislative changes that are necessary to allow for the implementation of such provision. 10. Program participation agreements Section 487(a) is amended by adding at the end the following: (30) In the case of an institution that enrolls during an academic year more than 100 students who are veterans, the institution shall certify that the institution has developed and implemented a plan to ensure the success of veterans at that institution. To the extent practicable, the institution shall make the plan, and associated policies, public and accessible to students who are veterans. Such plan shall include the following: (A) The designation of certain faculty or staff at the institution who will serve as a point of contact for veterans— (i) within campus offices, including the admissions office; and (ii) during any orientation process for newly enrolled students. (B) The establishment of a working group that will be responsible for veterans' issues. (C) A description of disability services that are available to meet the needs of disabled students who are veterans. (D) A plan for how the institution will identify students who are veterans through the application process, or through other processes, to provide better assistance in the receipt of educational assistance under laws administered by the Secretary of Veterans Affairs or the Secretary of Defense. (E) A description of how the institution will evaluate and maximize the number of credits students can receive from military training and service. . 11. Extending the protections for student loans for active duty borrowers Section 493D ( 20 U.S.C. 1098f (1) in the section heading, by inserting and protections for active duty borrowers (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Use of information (1) In general The Secretary shall utilize information the Secretary receives regarding the active duty status of borrowers from the Secretary of Defense for any purpose under this title to ensure that the interest rate charged on any loan made under part D of title IV for borrowers who are subject to section 207(a)(1) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a)(1) (2) SCRA interest rate limitation notice requirements The submittal by the Secretary of Defense to the Secretary of Education of information that informs the Secretary of Education that an individual with a student loan under part D of title IV has been or is being called to military service (as defined in section 101 of the Servicemembers Civil Relief Act ( 50 U.S.C. 511 50 U.S.C. App. 527 (3) Procedures Not later than 180 days after the date of enactment of the Servicemember Higher Education Protection Act . 12. Modification of limitation on rate of interest on student loans during and immediately after period of military service (a) Extension of period of applicability of limitation on rate of interest on student loans incurred before service Section 207(a)(1) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a)(1) (1) in subparagraph (A), by inserting or a student loan nature of a mortgage (2) in the paragraph heading, by inserting on debt incurred before service Limitation to 6 percent (b) Debt entered into during military service To consolidate or refinance student loans incurred before military service Subsection (a) of section 207 of such Act ( 50 U.S.C. App. 527 (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following new paragraph (2): (2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service and one year thereafter. ; (3) in paragraph (3), as redesignated by paragraph (1) of this subsection, by inserting or (2) paragraph (1) (4) in paragraph (4), as so redesignated, by striking paragraph (2) paragraph (3) (c) Implementation of limitation Subsection (b) of such section is amended— (1) in paragraph (1), by striking the interest rate limitation in subsection (a) an interest rate limitation in paragraph (1) or (2) of subsection (a) (2) in paragraph (2)— (A) in the paragraph heading, by striking as of date of order to active duty (B) by inserting before the period at the end the following: in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2) (d) Student loan defined Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Student loan The term student loan (A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) A private student loan as that term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). . 13. Working group on improvement of resources available to members of the Armed Forces and their spouses in using tuition assistance programs of the Department of Defense (a) Working group required The Secretary of Defense, the Secretary of Education, the Secretary of Veterans Affairs, and the Director of the Bureau of Consumer Financial Protection shall jointly, and in consultation with the heads of such other departments and agencies of the Federal Government as such officials consider appropriate, establish and maintain a working group to assess and improve the resources available to education service officers and other personnel of the Federal Government who provide assistance to members of the Armed Forces and their spouses in using or seeking to use the tuition assistance programs of the Department of Defense. (b) Resources In improving resources as described in subsection (a), the working group shall provide for the inclusion of the following in such resources: (1) Information on the benefits and protections for members of the Armed Forces and their dependents provided in this Act and the amendments made by this Act. (2) Consumer information, resources, and tools created and maintained by the working group pursuant to this section. (3) Information on the availability of consumer protection measures, including the complaint system established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving servicemembers, veterans, spouses, and other family members). (4) Such other information or resources as the working group considers appropriate. 14. Exception for Servicemembers Civil Relief Act Section 428(d) ( 20 U.S.C. 1078(d) 50 U.S.C. App. 527
Servicemember Higher Education Protection Act
Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 or the Autism CARES Act of 2014 - (Sec. 2) Requires the Secretary of Health and Human Services (HHS) to designate an official to oversee national autism spectrum disorder (ASD) research, services, and support activities. Directs the official to implement such activities taking into account the strategic plan developed by the Interagency Autism Coordinating Committee (the Interagency Committee) and ensure that duplication of activities by federal agencies is minimized. Extends through FY2019: (1) the developmental disabilities surveillance and research program; (2) the autism education, early detection, and intervention program; and (3) the Interagency Committee. (Sec. 3) Includes support for regional centers of excellence in ASD and other developmental disabilities epidemiology as a purpose of grants or cooperative agreements. (Sec. 4) Requires information and education activities to be culturally competent. Allows a lead agency coordinating activities at the state level to include respite care for caregivers. Allows the use of research centers or networks for the provision of training in respite care and for research to determine practices for interventions to improve the health of individuals with ASD. (Sec. 5) Revises responsibilities of the Interagency Committee concerning: inclusion of school- and community-based interventions in the Committee summary of advances, monitoring of ASD research and federal services and support activities, recommendations to the Director of the National Institutes of Health regarding the strategic plan, recommendations regarding the process by which public feedback can be better integrated into ASD decisions, strategic plan updates and recommendations to minimize duplication, and reports to the President and Congress. Revises Interagency Committee membership requirements to specify additional federal agencies that might be represented and to modify the non-federal membership. (Sec. 6) Modifies requirements for reports by the Secretary on ASD activities. Adds a requirement for a report to Congress concerning young adults with ASD and the challenges related to the transition from existing school-based services to those available during adulthood. (Sec. 7) Authorizes appropriations to carry out the developmental disabilities surveillance and research program, the education, early detection, and intervention program, and the Interagency Committee for FY2015-FY2019.
To reauthorize certain provisions of the Public Health Service Act relating to autism, and for other purposes. 1. Short title This Act may be cited as the Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 Autism CARES Act of 2014 2. National Autism Spectrum Disorder Initiative (a) In general The Secretary of Health and Human Services shall designate an existing official within the Department of Health and Human Services to oversee, in consultation with the Secretaries of Defense and Education, national autism spectrum disorder research, services, and support activities. (b) Duties The official designated under subsection (a) shall— (1) implement autism spectrum disorder activities, taking into account the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b) of the Public Health Service Act ( 42 U.S.C. 280i–2(b) (2) ensure that autism spectrum disorder activities of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative. 3. Research program Section 399AA of the Public Health Service Act ( 42 U.S.C. 280i (1) in subsection (a)(1), by inserting for children and adults reporting of State epidemiological data (2) in subsection (b)(1)— (A) by striking establishment of regional centers of excellence establishment or support of regional centers of excellence (B) by inserting for children and adults (3) in subsection (b)(2), by striking center to be established center to be established or supported (4) in subsection (e), by striking 2014 2019 4. Autism intervention Section 399BB of the Public Health Service Act ( 42 U.S.C. 280i–1 (1) in subsection (b)(1), by inserting culturally competent provide (2) in subsection (c)(2)(A)(ii), by inserting (which may include respite care for caregivers of individuals with an autism spectrum disorder) services and supports (3) in subsection (e)(1)(B)(v), by inserting before the semicolon the following: , which may include collaborating with research centers or networks to provide training for providers of respite care (as defined in section 2901) (4) in subsection (f), by striking grants or contracts for individual with grants or contracts, which may include grants or contracts to research centers or networks, to determine the evidence-based practices for interventions to improve the physical and behavioral health of individuals with (5) in subsection (g), by striking 2014 2019 5. Interagency Autism Coordinating Committee Section 399CC of the Public Health Service Act ( 42 U.S.C. 280i–2 (1) in subsection (b)— (A) in paragraph (1)— (i) by striking and annually update (ii) by striking intervention interventions, including school and community-based interventions (B) by striking paragraph (2); (C) by redesignating paragraph (1) as paragraph (2), and inserting before such redesignated paragraph the following: (1) monitor autism spectrum disorder research, and to the extent practicable services and support activities, across all Federal departments and agencies, including coordination of Federal activities with respect to autism spectrum disorder; ; (D) in paragraph (3), by striking recommendations to the Director of NIH (E) in paragraph (4), by inserting before the semicolon the following: , and the process by which public feedback can be better integrated into such decisions (F) by striking paragraphs (5) and (6) and inserting the following: (5) develop a strategic plan for the conduct of, and support for, autism spectrum disorder research and services and supports for individuals with an autism spectrum disorder and the families of such individuals, which shall include— (A) proposed budgetary requirements; and (B) recommendations to ensure that autism spectrum disorder research, services, and support activities of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative; and (6) submit to Congress and the President— (A) an annual update on the summary of advances described in paragraph (2); and (B) an annual update to the strategic plan described in paragraph (5), including any progress made in achieving the goals outlined in such strategic plan. ; (2) in subsection (c)— (A) in paragraph (1)— (i) by striking the paragraph heading and matter preceding subparagraph (A) and inserting the following: (1) Federal membership The Committee shall be composed of the following Federal members— ; (ii) in subparagraph (C)— (I) by inserting , such as the Administration for Community Living, Administration for Children and Families, the Centers for Medicare & Medicaid Services, the Food and Drug Administration, and the Health Resources and Services Administration (II) by adding at the end and (iii) in subparagraph (D)— (I) by inserting and the Department of Defense Department of Education (II) by striking at the end ; and (iv) by striking subparagraph (E); (B) in paragraph (2)— (i) in the paragraph heading, by striking Additional Non-Federal (ii) in the matter preceding subparagraph (A), by striking Not fewer than 6 members of the Committee, or 1/3 Not more than 1/2 1/3 (iii) in subparagraph (A), by striking one such member shall be an individual two such members shall be individuals (iv) in subparagraph (B), by striking one such member shall be a parent or legal guardian two such members shall be parents or legal guardians (v) in subparagraph (C), by striking one such member shall be a representative two such members shall be representatives (C) by adding at the end the following: (3) Period of appointment; vacancies (A) Period of appointment for non-Federal members Non-Federal members shall serve for a term of 4 years, and may be reappointed for one or more additional 4-year term. (B) Vacancies A vacancy on the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has been appointed. ; (3) in subsection (d)— (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in subsection (f), by striking 2014 2019 6. Reports Section 399DD of the Public Health Service Act ( 42 U.S.C. 280i–3 (1) in the section heading, by striking Report Reports (2) in subsection (b), by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively, and realigning the margins accordingly; (3) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and realigning the margins accordingly; (4) by inserting after the section heading the following: (a) Progress report ; (5) in subsection (a)(1) (as so redesignated)— (A) by striking 2 years after the date of enactment of the Combating Autism Reauthorization Act of 2011 4 years after the date of enactment of the Autism CARES Act of 2014 (B) by inserting and the Secretary of Defense the Secretary of Education (C) by inserting , and make publicly available, including through posting on the Internet Web site of the Department of Health and Human Services, Representatives (6) in subsection (a)(2) (as so redesignated)— (A) in subparagraph (A), (as so redesignated), by striking Combating Autism Act of 2006 the Autism CARES Act of 2014 (B) in subparagraph (B) (as so redesignated), by striking particular provision of Combating Autism Act of 2006 amendments made by the Autism CARES Act of 2014 (C) by striking subparagraph (C) (as so redesignated), and inserting the following: (C) information on the incidence and prevalence of autism spectrum disorder, including available information on the prevalence of autism spectrum disorder among children and adults, and identification of any changes over time with respect to the incidence and prevalence of autism spectrum disorder; ; (D) in subparagraph (D) (as so redesignated), by striking 6-year period beginning on the date of enactment of the Combating Autism Act of 2006 4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across populations subgroups (E) in subparagraph (E) (as so redesignated), by striking 6-year period beginning on the date of enactment of the Combating Autism Act of 2006 4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across populations subgroups (F) in subparagraph (F) (as so redesignated), by inserting and, as appropriate, how this average time varies across populations subgroups disabilities (G) in subparagraph (G) (as so redesignated)— (i) by striking including by various subtypes, including by severity level as practicable, (ii) by striking child may child or other factors, such as demographic characteristics, may (H) by striking subparagraph (I) (as so redesignated), and inserting the following: (I) a description of the actions taken to implement and the progress made on implementation of the strategic plan developed by the Interagency Autism Coordinating Committee. ; and (7) by adding at the end the following new subsection: (b) Report on young adults and transitioning youth (1) In general Not later than 2 years after the date of enactment of the Autism CARES Act of 2014, the Secretary of Health and Human Services, in coordination with the Secretary of Education and in collaboration with the Secretary of Transportation, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Attorney General, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning young adults with autism spectrum disorder and the challenges related to the transition from existing school-based services to those services available during adulthood. (2) Contents The report submitted under paragraph (1) shall contain— (A) an overview of policies and programs relevant to young adults with autism spectrum disorder relating to post-secondary school transitional services, including an identification of existing Federal laws, regulations, policies, research, and programs; (B) demographic characteristics of youth transitioning from school-based to community-based supports; (C) proposals on establishing best practices guidelines to ensure— (i) interdisciplinary coordination between all relevant services providers receiving Federal funding; (ii) coordination with transitioning youth and the family of such transitioning youth; and (iii) the inclusion of the transitioning youth’s Individualized Education Program as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (D) comprehensive approaches to transitioning from existing school-based services to services available during adulthood, including— (i) services that increase access to, and improve integration and completion of, post-secondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (ii) community-based behavioral supports and interventions; (iii) community-based integrated residential services, housing, and transportation; (iv) nutrition, health and wellness, recreational, and social activities; (v) personal safety services for individuals with autism spectrum disorder related to public safety agencies or the criminal justice system; and (vi) evidence-based approaches for coordination of resources and services once individuals have aged out of post-secondary education; and (E) proposals that seek to improve outcomes for adults with autism spectrum disorder making the transition from a school-based support system to adulthood by— (i) increasing the effectiveness of programs that provide transition services; (ii) increasing the ability of relevant service providers to provide supports and services to underserved populations and regions; (iii) increasing the efficiency of service delivery to maximize resources and outcomes, including with respect to the integration of and collaboration among services for transitioning youth; (iv) ensuring access to all services necessary to transitioning youth of all capabilities; and (v) encouraging transitioning youth to utilize all available transition services to maximize independence, equal opportunity, full participation, and self-sufficiency. . 7. Authorization of appropriations Section 399EE of the Public Health Service Act ( 42 U.S.C. 280i–4 (1) in subsection (a), by striking fiscal years 2012 through 2014 fiscal years 2015 through 2019 (2) in subsection (b), by striking fiscal years 2011 through 2014 fiscal years 2015 through 2019 (3) in subsection (c), by striking $161,000,000 for each of fiscal years 2011 through 2014 $190,000,000 for each of fiscal years 2015 through 2019 1. Short title This Act may be cited as the Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 Autism CARES Act of 2014 2. National Autism Spectrum Disorder Initiative (a) In general The Secretary of Health and Human Services shall designate an existing official within the Department of Health and Human Services to oversee, in consultation with the Secretaries of Defense and Education, national autism spectrum disorder research, services, and support activities. (b) Duties The official designated under subsection (a) shall— (1) implement autism spectrum disorder activities, taking into account the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b) of the Public Health Service Act ( 42 U.S.C. 280i–2(b) (2) ensure that autism spectrum disorder activities of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative. 3. Research program Section 399AA of the Public Health Service Act ( 42 U.S.C. 280i (1) in subsection (a)(1), by inserting for children and adults reporting of State epidemiological data (2) in subsection (b)(1)— (A) by striking establishment of regional centers of excellence establishment or support of regional centers of excellence (B) by inserting for children and adults (3) in subsection (b)(2), by striking center to be established center to be established or supported (4) in subsection (e), by striking 2014 2019 4. Autism intervention Section 399BB of the Public Health Service Act ( 42 U.S.C. 280i–1 (1) in subsection (b)(1), by inserting culturally competent provide (2) in subsection (c)(2)(A)(ii), by inserting (which may include respite care for caregivers of individuals with an autism spectrum disorder) services and supports (3) in subsection (e)(1)(B)(v), by inserting before the semicolon the following: , which may include collaborating with research centers or networks to provide training for providers of respite care (as defined in section 2901) (4) in subsection (f), by striking grants or contracts for individuals with grants or contracts, which may include grants or contracts to research centers or networks, to determine the evidence-based practices for interventions to improve the physical and behavioral health of individuals with (5) in subsection (g), by striking 2014 2019 5. Interagency Autism Coordinating Committee Section 399CC of the Public Health Service Act ( 42 U.S.C. 280i–2 (1) in subsection (b)— (A) in paragraph (1)— (i) by striking and annually update (ii) by striking intervention interventions, including school and community-based interventions (B) by striking paragraph (2); (C) by redesignating paragraph (1) as paragraph (2), and inserting before such redesignated paragraph the following: (1) monitor autism spectrum disorder research, and to the extent practicable services and support activities, across all relevant Federal departments and agencies, including coordination of Federal activities with respect to autism spectrum disorder; ; (D) in paragraph (3), by striking recommendations to the Director of NIH (E) in paragraph (4), by inserting before the semicolon the following: , and the process by which public feedback can be better integrated into such decisions (F) by striking paragraphs (5) and (6) and inserting the following: (5) develop a strategic plan for the conduct of, and support for, autism spectrum disorder research, including as practicable for services and supports for individuals with an autism spectrum disorder and the families of such individuals, which shall include— (A) proposed budgetary requirements; and (B) recommendations to ensure that autism spectrum disorder research, and services and support activities to the extent practicable, of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative; and (6) submit to Congress and the President— (A) an annual update on the summary of advances described in paragraph (2); and (B) an annual update to the strategic plan described in paragraph (5), including any progress made in achieving the goals outlined in such strategic plan. ; (2) in subsection (c)— (A) in paragraph (1)— (i) by striking the paragraph designation, the heading, and the matter preceding subparagraph (A) and inserting the following: (1) Federal membership The Committee shall be composed of the following Federal members— ; (ii) in subparagraph (C)— (I) by inserting , such as the Administration for Community Living, Administration for Children and Families, the Centers for Medicare & Medicaid Services, the Food and Drug Administration, and the Health Resources and Services Administration (II) by adding at the end and (iii) in subparagraph (D)— (I) by inserting and the Department of Defense Department of Education (II) by striking at the end ; and (iv) by striking subparagraph (E); (B) in paragraph (2)— (i) in the paragraph heading, by striking Additional Non-Federal (ii) in the matter preceding subparagraph (A), by striking Not fewer than 6 members of the Committee, or 1/3 of the total membership of the Committee, whichever is greater Not more than ½, but not fewer than 1/3, of the total membership of the Committee (iii) in subparagraph (A), by striking one such member shall be an individual two such members shall be individuals (iv) in subparagraph (B), by striking one such member shall be a parent or legal guardian two such members shall be parents or legal guardians (v) in subparagraph (C), by striking one such member shall be a representative two such members shall be representatives (C) by adding at the end the following: (3) Period of appointment; vacancies (A) Period of appointment for non-Federal members Non-Federal members shall serve for a term of 4 years, and may be reappointed for one or more additional 4-year terms. (B) Vacancies A vacancy on the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has been appointed. ; (3) in subsection (d)— (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in subsection (f), by striking 2014 2019 6. Reports Section 399DD of the Public Health Service Act ( 42 U.S.C. 280i–3 (1) in the section heading, by striking Report Reports (2) in subsection (b), by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively, and realigning the margins accordingly; (3) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and realigning the margins accordingly; (4) by inserting after the section heading the following: (a) Progress report ; (5) in subsection (a)(1) (as so redesignated)— (A) by striking 2 years after the date of enactment of the Combating Autism Reauthorization Act of 2011 4 years after the date of enactment of the Autism CARES Act of 2014 (B) by inserting and the Secretary of Defense the Secretary of Education (C) by inserting , and make publicly available, including through posting on the Internet Web site of the Department of Health and Human Services, Representatives (6) in subsection (a)(2) (as so redesignated)— (A) in subparagraph (A), (as so redesignated), by striking Combating Autism Act of 2006 Autism CARES Act of 2014 (B) in subparagraph (B) (as so redesignated), by striking particular provisions of Combating Autism Act of 2006 amendments made by the Autism CARES Act of 2014 (C) by striking subparagraph (C) (as so redesignated), and inserting the following: (C) information on the incidence and prevalence of autism spectrum disorder, including available information on the prevalence of autism spectrum disorder among children and adults, and identification of any changes over time with respect to the incidence and prevalence of autism spectrum disorder; ; (D) in subparagraph (D) (as so redesignated), by striking 6-year period beginning on the date of enactment of the Combating Autism Act of 2006 4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across population subgroups (E) in subparagraph (E) (as so redesignated), by striking 6-year period beginning on the date of enactment of the Combating Autism Act of 2006 4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across population subgroups (F) in subparagraph (F) (as so redesignated), by inserting and, as appropriate, how such average time varies across population subgroups (G) in subparagraph (G) (as so redesignated)— (i) by striking including by various subtypes, including by severity level as practicable, (ii) by striking child may child or other factors, such as demographic characteristics, may (H) by striking subparagraph (I) (as so redesignated), and inserting the following: (I) a description of the actions taken to implement and the progress made on implementation of the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b). ; and (7) by adding at the end the following new subsection: (b) Report on young adults and transitioning youth (1) In general Not later than 2 years after the date of enactment of the Autism CARES Act of 2014, the Secretary of Health and Human Services, in coordination with the Secretary of Education and in collaboration with the Secretary of Transportation, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Attorney General, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning young adults with autism spectrum disorder and the challenges related to the transition from existing school-based services to those services available during adulthood. (2) Contents The report submitted under paragraph (1) shall contain— (A) demographic characteristics of youth transitioning from school-based to community-based supports; (B) an overview of policies and programs relevant to young adults with autism spectrum disorder relating to post-secondary school transitional services, including an identification of existing Federal laws, regulations, policies, research, and programs; (C) proposals on establishing best practices guidelines to ensure— (i) interdisciplinary coordination between all relevant service providers receiving Federal funding; (ii) coordination with transitioning youth and the family of such transitioning youth; and (iii) inclusion of the individualized education program for the transitioning youth, as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (D) comprehensive approaches to transitioning from existing school-based services to services available during adulthood, including— (i) services that increase access to, and improve integration and completion of, post-secondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (ii) community-based behavioral supports and interventions; (iii) community-based integrated residential services, housing, and transportation; (iv) nutrition, health and wellness, recreational, and social activities; (v) personal safety services for individuals with autism spectrum disorder related to public safety agencies or the criminal justice system; and (vi) evidence-based approaches for coordination of resources and services once individuals have aged out of post-secondary education; and (E) proposals that seek to improve outcomes for adults with autism spectrum disorder making the transition from a school-based support system to adulthood by— (i) increasing the effectiveness of programs that provide transition services; (ii) increasing the ability of the relevant service providers described in subparagraph (C) to provide supports and services to underserved populations and regions; (iii) increasing the efficiency of service delivery to maximize resources and outcomes, including with respect to the integration of and collaboration among services for transitioning youth; (iv) ensuring access to all services necessary to transitioning youth of all capabilities; and (v) encouraging transitioning youth to utilize all available transition services to maximize independence, equal opportunity, full participation, and self-sufficiency. . 7. Authorization of appropriations Section 399EE of the Public Health Service Act ( 42 U.S.C. 280i–4 (1) in subsection (a), by striking fiscal years 2012 through 2014 fiscal years 2015 through 2019 (2) in subsection (b), by striking fiscal years 2011 through 2014 fiscal years 2015 through 2019 (3) in subsection (c), by striking $161,000,000 for each of fiscal years 2011 through 2014 $190,000,000 for each of fiscal years 2015 through 2019 June 26, 2014 Reported with an amendment
Autism Collaboration, Accountability, Research, Education, and Support Act of 2014
Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 - Title I: Improvement of Scheduling System for Health Care Appointments - Directs the Secretary of Veterans Affairs (VA) to contract for an independent assessment of: the process at each VA medical facility for scheduling appointments for veterans; the staffing level and productivity of each VA medical facility; the organization, processes, and tools used by the VA to support clinical documentation and the subsequent coding of inpatient services; the VA's purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, and medical devices; and the VA's performance in paying amounts owed to third parties and collecting amounts it is owed. Directs the Secretary: (1) through a technology task force, to review the VA's needs regarding its system and software for scheduling veterans' medical appointments; and (2) to implement task force recommendations the Secretary considers feasible, advisable, and cost-effective. Title II: Training and Hiring of Health Care Staff - Requires the Inspector General of the VA to annually determine the five health care occupations for which there is the largest staffing shortage throughout the VA. Authorizes the Secretary, upon a determination by the Inspector General that there is such a staffing shortage regarding a particular health care occupation, to recruit and directly appoint highly qualified health care providers to serve in that particular occupation for the VA. Directs the Secretary, under the VA's Health Professionals Educational Assistance program, to give scholarship priority to applicants pursuing education or training towards a career in a health care occupation that represents one of the five largest staffing shortages in the VA. Requires the Secretary to submit a biennial report to Congress, until 2024, assessing the staffing of each VA medical facility. Directs the Secretary to establish a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, VA medical facilities. Terminates the program after two years. Requires the Secretary, thereafter, to provide health care management training materials to specified VA employees upon the commencement of their employment. Makes specified appropriations to the Veterans Health Administration (VHA) that remain unobligated at the end of FY2014 and FY2015 available to the Secretary to hire additional health care providers for the VHA, particularly in VA medical facilities and areas experiencing the greatest shortages. Title III: Improvement of Access to Care from Non-Department of Veterans Affairs Providers - Requires hospital care and medical services to be furnished to veterans through contracts with specified non-VA facilities if the veterans: have been unable to schedule an appointment at a VA medical facility within the VHA's wait-time goals for hospital care or medical services and such veterans opt for non-VA care or services; reside more than 40 miles from a VA medical facility; or reside in a state without a VA medical facility that provides hospital care, emergency medical services, and surgical care and such veterans reside more than 20 miles from such a facility. Provides for such care through contracts with any health care provider participating in the Medicare program, any federally-qualified health center, the Department of Defense (DOD), and the Indian Health Service (IHS). Directs the Secretary to provide veterans with information about the availability of care and services at non-VA facilities: (1) when they enroll in the VA patient enrollment system, and (2) when they attempt to schedule an appointment for VA hospital care or medical services but are unable to do so within the VHA's wait time goals. Terminates this Act's requirement that the Secretary furnish care and services through contracts with non-VA facilities two years after the Secretary publishes interim final regulations implementing the program. Requires the Secretary to transfer the authority to pay for health care through non-VA facilities from the VA's Veterans Integrated Service Networks and medical centers to the VHA's Chief Business Office. Directs the Secretary to conduct outreach to each Indian medical facility operated by an Indian tribe or tribal organization through a contract or compact with the IHS to raise awareness of the ability of such facilities, Indian tribes, and tribal organizations to enter into agreements with the VA for reimbursement for providing veterans with health care at such facilities. Requires the Secretary to establish performance metrics for assessing the performance of the VA and IHS under a memorandum of understanding to increase access to, and the quality and coordination of, health care services. Directs the Secretary to enter into agreements for the reimbursement of direct care services provided to veterans with Native Hawaiian health care systems that are in receipt of funds from grants awarded, or contracts entered into, under the Native Hawaiian Health Care Improvement Act. Expresses the sense of Congress that the Secretary must comply with the prompt payment rule or any similar regulation or ruling in paying for health care under contracts with non-VA providers. Title IV: Health Care Administrative Matters - Directs the Secretary to improve veterans' access to telemedicine and other health care through the use of VA mobile vet centers by establishing standardized requirements for the operation of such centers. Includes among those requirements: (1) the number of days each center is expected to travel each year, (2) the number of locations each center is expected to visit each year, (3) the number of appointments each center is expected to conduct each year, and (4) the method and timing of notification given by each center to individuals in the area to which such center is traveling. Requires each mobile vet center to have the capability to provide telemedicine services. Establishes an Independent Commission on Department of Veterans Affairs Construction Projects to review the VA's current construction and maintenance projects and medical facility leasing program to identify any problems the VA experienced in carrying out such projects and program. Establishes the Commission on Access to Care to examine veterans' access to VA health care and strategically examine how best to organize the VHA, locate health care resources, and deliver health care to veterans over the next 10 to 20 years. Directs the President to require the Secretary and the heads of other relevant federal agencies to implement each recommendation that the President considers feasible and advisable and determines can be implemented without further legislative action. Requires the Secretary to ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of: (1) directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of VA medical centers; and (2) directors, assistant directors, and quality management officers of the Veterans Integrated Service Networks (VISNs). Directs the Secretary to modify the performance plans of the directors of the VA medical centers and VISNs to ensure that such plans are based on the quality of care received by veterans at the health care facilities under their jurisdictions. Prohibits the Secretary from including in the performance goals of any VISN or VA medical center employee any goal that might disincentivize the payment of VA amounts to provide health care through a non-VA provider. Requires the Secretary to publish: (1) within 90 days after this Act's enactment, the VA's wait time goals for the scheduling of a veterans' appointment for health care; and (2) within one year after this Act's enactment, the current wait times for an appointment for primary care and specialty care at each VA medical center. Directs the Secretary to develop, update, and make publicly available a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for VA health care that are tracked by the Secretary. Requires the Secretary to enter into an agreement with the Secretary of Health and Human Services (HHS) to provide the HHS Secretary with the information needed to make VA medical center patient quality and outcome information publicly available through the HHS's Hospital Compare website. Requires: (1) the VA website to include a link to the VA's health care providers database that provides veterans with the location of each VA physician's residency training, and (2) each veteran who is to undergo a surgical procedure by or through the VA to be provided information on the credentials of the surgeon who is to perform the procedure. Directs the Comptroller General (GAO) to submit an assessment to Congress of: (1) the manner in which contractors under the VA's Patient-Centered Community Care initiative oversee the credentials of physicians within their networks, (2) the VA's oversight of the contracts under the Patient-Centered Community Care initiative, and (3) the VA's verification of the credentials and licenses of health care providers furnishing hospital care and medical services to veterans in non-VA facilities. Requires the Secretary to implement a plan to address the Comptroller General's findings and recommendations. Requires the annual budget that the President submits to Congress to include specified information regarding: (1) the cost of providing, and the number of veterans receiving, medical care through contracts with non-VA facilities; and (2) the number of VA employees on paid administrative leave during the preceding fiscal year. Directs the Secretary to establish policies penalizing VA employees who knowingly submit, or knowingly require another VA employee to submit, false data concerning health care wait times or quality measures to another VA employee. Authorizes the Secretary to: (1) remove any individual from the VA Senior Executive Service if the Secretary determines that the individual's performance warrants such removal, and (2) remove such individual from the civil service or transfer the individual to a General Schedule position at any appropriate grade for which the individual is qualified. Gives an individual seven days to appeal such a removal or transfer to the Merit Systems Protection Board (Board). Requires the Board to conduct an expedited review process that results in a final decision on such an appeal within 21 days after it was submitted. Title V: Health Care Related to Sexual Trauma - Expands eligibility for counseling and treatment for sexual trauma to veterans who were on inactive duty training when they experienced sexual assault or harassment. Authorizes the Secretary to provide such counseling and treatment to active-duty members of the Armed Forces who experienced sexual assault or harassment while serving on active duty or active or inactive duty training. (Under current law, such services are provided only to veterans.) Prohibits such a member from being required to obtain a referral before receiving such services. Requires the Secretary to report to Congress on the treatment and services available from the VA for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience such trauma. Directs the Department of Veterans Affairs-Department of Defense Joint Executive Committee to submit reports to Congress on the transition of military sexual abuse treatment from the DOD to the VA. Title VI: Major Medical Facility Leases - Authorizes the Secretary to carry out certain major medical facility leases at specified locations for up to specified amounts. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term, or (2) the first-year payments plus the specified cancellation costs if the lease is terminated before its full term. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease; (2) the obligation of budgetary resources associated with the lease; and (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to Congress: (1) notice of the intention to enter into, and a detailed summary of, such lease; (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease; and (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered. Title VII: Veterans Benefits Matters - Expands the Marine Gunnery Sergeant John David Fry Scholarship to include surviving spouses (currently, children) of service members who die in the line of duty on or after September 11, 2001. Requires a surviving spouse entitled to such assistance and also to veterans' educational assistance under the Montgomery GI Bill to elect a single coverage. Directs the Secretary to disapprove, for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs, courses of education provided by a public educational institution of higher education (IHE) that charges veterans living in the state higher tuition and fees than it charges in-state residents, regardless of the veteran's state of residence. Makes this provision applicable to: (1) veterans who were discharged or released from at least 90 days of active service less than three years before their date of enrollment in the applicable course, (2) family members eligible for such assistance due to their relationship to such veterans, and (3) courses that commence on or after July 1, 2015. Prohibits the Secretary from disapproving a public IHE's course on the grounds that the IHE conditions a veteran's receipt of in-state tuition rates on such veteran: (1) demonstrating an intent, by means other than physical presence, to establish residency in the state; or (2) satisfying other requirements not related to the establishment of residency. Title VIII: Appropriation and Emergency Designations - Authorizes and appropriates such sums as may be necessary to carry out this Act for FY2014-FY2016. Treats such funding as emergency funding that is not subject to pay-as-you-go spending constraints.
To improve the access of veterans to medical services from the Department of Veterans Affairs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Veterans' Access to Care through Choice, Accountability, and Transparency 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—Improvement of Scheduling System for Health Care Appointments Sec. 101. Independent assessment of the scheduling of appointments and other health care management processes of the Department of Veterans Affairs. Sec. 102. Technology task force on review of scheduling system and software of the Department of Veterans Affairs. TITLE II—Training and Hiring of Health Care Staff Sec. 201. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs. Sec. 202. Clinic management training for managers and health care providers of the Department of Veterans Affairs. Sec. 203. Use of unobligated amounts to hire additional health care providers for the Veterans Health Administration. TITLE III—Improvement of Access to Care from Non-Department of Veterans Affairs Providers Sec. 301. Expanded availability of hospital care and medical services for veterans through the use of contracts. Sec. 302. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department. Sec. 303. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service. Sec. 304. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems. Sec. 305. Sense of Congress on prompt payment by Department of Veterans Affairs. TITLE IV—Health Care Administrative Matters Sec. 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs. Sec. 402. Commission on construction projects of the Department of Veterans Affairs. Sec. 403. Commission on Access to Care. Sec. 404. Improved performance metrics for health care provided by Department of Veterans Affairs. Sec. 405. Improved transparency concerning health care provided by Department of Veterans Affairs. Sec. 406. Information for veterans on the credentials of Department of Veterans Affairs physicians. Sec. 407. Information in annual budget of the President on hospital care and medical services furnished through expanded use of contracts for such care. Sec. 408. Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs. Sec. 409. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance. TITLE V—Health Care Related to Sexual Trauma Sec. 501. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training. Sec. 502. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. Sec. 503. Reports on military sexual trauma. TITLE VI—Major Medical Facility Leases Sec. 601. Authorization of major medical facility leases. Sec. 602. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. TITLE VII—Veterans Benefits Matters Sec. 701. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. Sec. 702. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. TITLE VIII—Appropriation and Emergency Designations Sec. 801. Appropriation of emergency amounts. Sec. 802. Emergency designations. I Improvement of Scheduling System for Health Care Appointments 101. Independent assessment of the scheduling of appointments and other health care management processes of the Department of Veterans Affairs (a) Independent assessment (1) Assessment Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with an independent third party to assess the following: (A) The process at each medical facility of the Department of Veterans Affairs for scheduling appointments for veterans to receive hospital care, medical services, or other health care from the Department. (B) The staffing level and productivity of each medical facility of the Department, including the following: (i) The case load of each health care provider of the Department. (ii) The time spent by each health care provider of the Department on matters other than the case load of such health care provider, including time spent by such health care provider as follows: (I) At a medical facility that is affiliated with the Department. (II) Conducting research. (III) Training or overseeing other health care professionals of the Department. (C) The organization, processes, and tools used by the Department to support clinical documentation and the subsequent coding of inpatient services. (D) The purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, and medical devices by the Department, including the following: (i) The prices paid for, standardization of, and use by the Department of the following: (I) High-cost pharmaceuticals. (II) Medical and surgical supplies. (III) Medical devices. (ii) The use by the Department of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care related services. (iii) The strategy used by the Department to distribute pharmaceuticals, medical and surgical supplies, and medical devices to Veterans Integrated Service Networks and medical facilities of the Department. (E) The performance of the Department in paying amounts owed to third parties and collecting amounts owed to the Department with respect to hospital care, medical services, and other health care, including any recommendations of the independent third party as follows: (i) To avoid the payment of penalties to vendors. (ii) To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the Department for which reimbursement from a third party is authorized. (iii) To increase the collection of any other amounts owed to the Department. (2) Elements of scheduling assessment In carrying out the assessment required by paragraph (1)(A), the independent third party shall do the following: (A) Review all training materials pertaining to scheduling of appointments at each medical facility of the Department. (B) Assess whether all employees of the Department conducting tasks related to scheduling are properly trained for conducting such tasks. (C) Assess whether changes in the technology or system used in scheduling appointments are necessary to limit access to the system to only those employees that have been properly trained in conducting such tasks. (D) Assess whether health care providers of the Department are making changes to their schedules that hinder the ability of employees conducting such tasks to perform such tasks. (E) Assess whether the establishment of a centralized call center throughout the Department for scheduling appointments at medical facilities of the Department would improve the process of scheduling such appointments. (F) Assess whether booking templates for each medical facility or clinic of the Department would improve the process of scheduling such appointments. (G) Recommend any actions to be taken by the Department to improve the process for scheduling such appointments, including the following: (i) Changes in training materials provided to employees of the Department with respect to conducting tasks related to scheduling such appointments. (ii) Changes in monitoring and assessment conducted by the Department of wait times of veterans for such appointments. (iii) Changes in the system used to schedule such appointments, including changes to improve how the Department— (I) measures wait times of veterans for such appointments; (II) monitors the availability of health care providers of the Department; and (III) provides veterans the ability to schedule such appointments. (iv) Such other actions as the independent third party considers appropriate. (3) Timing The independent third party carrying out the assessment required by paragraph (1) shall complete such assessment not later than 180 days after entering into the contract described in such paragraph. (b) Report (1) In general Not later than 90 days after the date on which the independent third party completes the assessment under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of such assessment. (2) Publication Not later than 30 days after submitting the report under paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department accessible to the public. 102. Technology task force on review of scheduling system and software of the Department of Veterans Affairs (a) Task force review (1) In general The Secretary of Veterans Affairs shall, through the use of a technology task force, conduct a review of the needs of the Department of Veterans Affairs with respect to the scheduling system and scheduling software of the Department of Veterans Affairs that is used by the Department to schedule appointments for veterans for hospital care, medical services, and other health care from the Department. (2) Agreement (A) In general The Secretary shall seek to enter into an agreement with a technology organization or technology organizations to carry out the review required by paragraph (1). (B) Prohibition on use of funds No Federal funds may be used to assist the technology organization or technology organizations under subparagraph (A) in carrying out the review required by paragraph (1). (b) Report (1) In general Not later than 45 days after the date of the enactment of this Act, the technology task force required under subsection (a)(1) shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the findings and recommendations of the technology task force regarding the needs of the Department with respect to the scheduling system and scheduling software of the Department described in such subsection. (2) Elements The report required by paragraph (1) shall include the following: (A) Proposals for specific actions to be taken by the Department to improve the scheduling system and scheduling software of the Department described in subsection (a)(1). (B) A determination as to whether an existing off-the-shelf system would— (i) meet the needs of the Department to schedule appointments for veterans for hospital care, medical services, and other health care from the Department; and (ii) improve the access of veterans to such care and services. (3) Publication Not later than 30 days after the receipt of the report required by paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department accessible to the public. (c) Implementation of task force recommendations Not later than one year after the receipt of the report required by subsection (b)(1), the Secretary shall implement the recommendations set forth in such report that the Secretary considers are feasible, advisable, and cost-effective. II Training and Hiring of Health Care Staff 201. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs (a) Staffing shortage (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Inspector General of the Department of Veterans Affairs shall determine, and the Secretary of Veterans Affairs shall publish in the Federal Register, the five occupations of health care providers of the Department of Veterans Affairs for which there is the largest staffing shortage throughout the Department. (2) Recruitment and appointment Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary may, upon a determination by the Inspector General under paragraph (1) that there is a staffing shortage throughout the Department with respect to a particular occupation of health care provider, recruit and directly appoint highly qualified health care providers to serve as health care providers in that particular occupation for the Department. (3) Priority in Health Professionals Educational Assistance Program to certain providers Section 7612(b)(5) (A) in subparagraph (A), by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) shall give priority to applicants pursuing a course of education or training towards a career in an occupation for which the Secretary has, in the most current determination published in the Federal Register pursuant to section 201(a)(1) of the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 . (b) Reports (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even numbered year thereafter until 2024, 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 assessing the staffing of each medical facility of the Department of Veterans Affairs. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) The results of a system-wide assessment of all medical facilities of the Department to ensure the following: (i) Appropriate staffing levels for health care providers to meet the goals of the Secretary for timely access to care for veterans. (ii) Appropriate staffing levels for support personnel, including clerks. (iii) Appropriate sizes for clinical panels. (iv) Appropriate numbers of full-time staff, or full-time equivalents, dedicated to direct care of patients. (v) Appropriate physical plant space to meet the capacity needs of the Department in that area. (vi) Such other factors as the Secretary considers necessary. (B) A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues. (C) A list of the current wait times and workload levels for the following clinics in each medical facility: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (D) A description of the results of the most current determination of the Inspector General under paragraph (1) of subsection (a) and a plan to use direct appointment authority under paragraph (2) of such subsection to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted. (E) The current staffing models of the Department for the following clinics, including recommendations for changes to such models: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (F) A detailed analysis of succession planning at medical facilities of the Department, including the following: (i) The number of positions in medical facilities throughout the Department that are not filled by a permanent employee. (ii) The length of time each position described in clause (i) remained vacant or filled by a temporary or acting employee. (iii) A description of any barriers to filling the positions described in clause (i). (iv) A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days. (v) A plan for handling emergency circumstances, such as administrative leave or sudden medical leave for senior officials. (G) The number of health care providers of the Department who have been removed from their positions, have retired, or have left their positions for another reason, disaggregated by provider type, during the two-year period preceding the submittal of the report. (H) Of the health care providers specified in subparagraph (G) who have been removed from their positions, the following: (i) The number of such health care providers who were reassigned to other positions in the Department. (ii) The number of such health care providers who left the Department. (iii) The number of such health care providers who left the Department and were subsequently rehired by the Department. 202. Clinic management training for managers and health care providers of the Department of Veterans Affairs (a) Clinic management training program (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, medical facilities of the Department of Veterans Affairs. (2) Elements The clinic management training program required by paragraph (1) shall include the following: (A) Training on how to manage the schedules of health care providers of the Department, including the following: (i) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance. (ii) Proper planning procedures for vacation, leave, and graduate medical education training schedules. (B) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty. (C) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots. (D) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department. (E) Training on how to optimize the use of technology, including the following: (i) Telemedicine. (ii) Electronic mail. (iii) Text messaging. (iv) Such other technologies as specified by the Secretary. (F) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff. (3) Sunset The clinic management training program required by paragraph (1) shall terminate on the date that is two years after the date on which the Secretary commences such program. (b) Training materials (1) In general After the termination of the clinic management training program required by subsection (a), the Secretary shall provide training materials on health care management to each of the following employees of the Department upon the commencement of employment of such employee: (A) Any manager of a medical facility of the Department. (B) Any health care provider at a medical facility of the Department. (C) Such other employees of the Department as the Secretary considers appropriate. (2) Update The Secretary shall regularly update the training materials required under paragraph (1). 203. Use of unobligated amounts to hire additional health care providers for the Veterans Health Administration (a) In general At the end of each of fiscal years 2014 and 2015, all covered amounts shall be made available to the Secretary of Veterans Affairs to hire additional health care providers for the Veterans Health Administration of the Department of Veterans Affairs, or to carry out any provision of this Act or the amendments made by this Act, and shall remain available until expended. (b) Priority in hiring The Secretary shall prioritize hiring additional health care providers under subsection (a) at medical facilities of the Department and in geographic areas in which the Secretary identifies the greatest shortage of health care providers. (c) Covered amounts defined In this section, the term covered amounts (1) that are made available to the Veterans Health Administration of the Department for an appropriations account— (A) under the heading Medical Services (B) under the heading Medical Support and Compliance (C) under the heading Medical Facilities (2) that are unobligated at the end of the applicable fiscal year. III Improvement of Access to Care from Non-Department of Veterans Affairs Providers 301. Expanded availability of hospital care and medical services for veterans through the use of contracts (a) Expansion of available care and services (1) Furnishing of care (A) In general Hospital care and medical services under chapter 17 (B) Entities specified The entities specified in this subparagraph are the following: (i) Any health care provider that is participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (ii) Any Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iii) The Department of Defense. (iv) The Indian Health Service. (2) Choice of provider An eligible veteran who elects to receive care and services under this section may select the provider of such care and services from among any source of provider of such care and services through an entity specified in paragraph (1)(B) that is accessible to the veteran. (3) Coordination of care and services The Secretary shall coordinate, through the Non-VA Care Coordination Program of the Department of Veterans Affairs, the furnishing of care and services under this section to eligible veterans, including by ensuring that an eligible veteran receives an appointment for such care and services within the current wait-time goals of the Veterans Health Administration for the furnishing of hospital care and medical services. (b) Eligible veterans A veteran is an eligible veteran for purposes of this section if— (1) (A) the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code; or (B) the veteran is enrolled in such system, has not received hospital care or medical services from the Department, and has contacted the Department seeking an initial appointment from the Department for the receipt of such care or services; and (2) the veteran— (A) (i) attempts, or has attempted under paragraph (1)(B), to schedule an appointment for the receipt of hospital care or medical services under chapter 17 (ii) elects, and is authorized, to be furnished such care or services pursuant to subsection (c)(2); (B) resides more than 40 miles from the nearest medical facility of the Department, including a community-based outpatient clinic, that is closest to the residence of the veteran; or (C) resides— (i) in a State without a medical facility of the Department that provides— (I) hospital care; (II) emergency medical services; and (III) surgical care rated by the Secretary as having a surgical complexity of standard; and (ii) more than 20 miles from a medical facility of the Department described in clause (i). (c) Election and authorization (1) In general If the Secretary confirms that an appointment for an eligible veteran described in subsection (b)(2)(A) for the receipt of hospital care or medical services under chapter 17 (A) place such eligible veteran on an electronic waiting list described in paragraph (2) for such an appointment; or (B) (i) authorize that such care and services be furnished to the eligible veteran under this section for a period of time specified by the Secretary; and (ii) send a letter to the eligible veteran describing the care and services the eligible veteran is eligible to receive under this section. (2) Electronic waiting list The electronic waiting list described in this paragraph shall be maintained by the Department and allow access by each eligible veteran via www.myhealth.va.gov or any successor website for the following purposes: (A) To determine the place of such eligible veteran on the waiting list. (B) To determine the average length of time an individual spends on the waiting list, disaggregated by medical facility of the Department and type of care or service needed, for purposes of allowing such eligible veteran to make an informed election under paragraph (1). (d) Care and services through contracts (1) In general The Secretary shall enter into contracts with health care providers that are participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to furnish care and services to eligible veterans under this section. (2) Rates and reimbursement (A) In general In entering into a contract under this subsection, the Secretary shall— (i) negotiate rates for the furnishing of care and services under this section; and (ii) reimburse the health care provider for such care and services at the rates negotiated pursuant to clause (i) as provided in such contract. (B) Limit on rates (i) In general Except as provided in clause (ii), rates negotiated under subparagraph (A)(i) shall not be more than the rates paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) 42 U.S.C. 1395x(d) (ii) Exception The Secretary may negotiate a rate that is more than the rate paid by the United States as described in clause (i) with respect to the furnishing of care or services under this section to an eligible veteran if the Secretary determines that there is no health care provider that will provide such care or services to such eligible veteran at the rate required under such clause— (I) within the current wait-time goals of the Veterans Health Administration for the furnishing of such care or services; and (II) at a location not more than 40 miles from the residence of such eligible veteran. (C) Limit on collection For the furnishing of care and services pursuant to a contract under this section, a health care provider may not collect any amount that is greater than the rate negotiated pursuant to subparagraph (A)(i). (3) Information on policies and procedures The Secretary shall provide to any health care provider with which the Secretary has entered into a contract under paragraph (1) the following: (A) Information on applicable policies and procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section. (B) Access to a telephone hotline maintained by the Department that such health care provider may call for information on the following: (i) Procedures for furnishing care and services under this section. (ii) Procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section and being reimbursed for furnishing such care and services. (iii) Whether particular care or services under this section are authorized, and the procedures for authorization of such care or services. (e) Choice card (1) In general For purposes of receiving care and services under this section, the Secretary shall issue to each eligible veteran a card that the eligible veteran shall present to a health care provider that is eligible to furnish care and services under this section before receiving such care and services. (2) Name of card Each card issued under paragraph (1) shall be known as a Choice Card (3) Details of card Each Choice Card issued to an eligible veteran under paragraph (1) shall include the following: (A) The name of the eligible veteran. (B) An identification number for the eligible veteran that is not the social security number of the eligible veteran. (C) The contact information of an appropriate office of the Department for health care providers to confirm that care and services under this section are authorized for the eligible veteran. (D) Contact information and other relevant information for the submittal of claims or bills for the furnishing of care and services under this section. (E) The following statement: This card is for qualifying medical care outside the Department of Veterans Affairs. Please call the Department of Veterans Affairs phone number specified on this card to ensure that treatment has been authorized. (4) Information on use of card Upon issuing a Choice Card to an eligible veteran, the Secretary shall provide the eligible veteran with information clearly stating the circumstances under which the veteran may be eligible for care and services under this section. (f) Information on availability of care The Secretary shall provide information to a veteran about the availability of care and services under this section in the following circumstances: (1) When the veteran enrolls in the patient enrollment system of the Department under section 1705 of title 38, United States Code. (2) When the veteran attempts to schedule an appointment for the receipt of hospital care or medical services from the Department but is unable to schedule an appointment within the current wait-time goals of the Veterans Health Administration for delivery of such care or services. (g) Providers To be eligible to furnish care and services under this section, a health care provider must— (1) maintain at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for purposes of this section; and (2) submit, not less frequently than once each year, verification of such licenses and credentials maintained by such health care provider. (h) Cost-sharing (1) In general The Secretary shall require an eligible veteran to pay a copayment to the Department for the receipt of care and services under this section only if such eligible veteran would be required to pay such copayment for the receipt of such care and services at a medical facility of the Department. (2) Limitation The copayment required under paragraph (1) shall not be greater than the copayment required of such eligible veteran by the Department for the receipt of such care and services at a medical facility of the Department. (i) Claims processing system (1) In general The Secretary shall provide for an efficient nationwide system for processing and paying bills or claims for authorized care and services furnished to eligible veterans under this section. (2) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations for the implementation of such system. (3) Oversight The Chief Business Office of the Veterans Health Administration shall oversee the implementation and maintenance of such system. (4) Accuracy of payment (A) In general The Secretary shall ensure that such system meets such goals for accuracy of payment as the Secretary shall specify for purposes of this section. (B) Annual report (i) In general Not later than one year after the date of the enactment of this Act, and annually thereafter until the termination date specified in subsection (n), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the goals for accuracy of such system. (ii) Elements Each report required by clause (i) shall include the following: (I) A description of the goals for accuracy for such system specified by the Secretary under subparagraph (A). (II) An assessment of the success of the Department in meeting such goals during the year preceding the submittal of the report. (j) Medical records The Secretary shall ensure that any health care provider that furnishes care and services under this section to an eligible veteran submits to the Department any medical record related to the care and services provided to such eligible veteran by such health care provider for inclusion in the electronic medical record of such eligible veteran maintained by the Department upon the completion of the provision of such care and services to such eligible veteran. (k) Tracking of missed appointments The Secretary shall implement a mechanism to track any missed appointments for care and services under this section by eligible veterans to ensure that the Department does not pay for such care and services that were not furnished to an eligible veteran. (l) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe interim final regulations on the implementation of this section and publish such regulations in the Federal Register. (m) Inspector General report Not later than 540 days after the publication of the interim final regulations under subsection (l), the Inspector General of the Department shall submit to the Secretary a report on the results of an audit of the care and services furnished under this section to ensure the accuracy and timeliness of payments by the Department for the cost of such care and services, including any findings and recommendations of the Inspector General. (n) Termination The requirement of the Secretary to furnish care and services under this section terminates on the date that is two years after the date on which the Secretary publishes the interim final regulations under subsection (l). (o) Reports (1) Initial report Not later than 90 days after the publication of the interim final regulations under subsection (l), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following: (A) The number of eligible veterans who have received care and services under this section. (B) A description of the type of care and services furnished to eligible veterans under this section. (2) Final report Not later than 540 days after the publication of the interim final regulations under subsection (l), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following: (A) The total number of eligible veterans who have received care and services under this section, disaggregated by— (i) eligible veterans described in subsection (b)(2)(A); and (ii) eligible veterans described in subsection (b)(2)(B). (B) A description of the type of care and services furnished to eligible veterans under this section. (C) An accounting of the total cost of furnishing care and services to eligible veterans under this section. (D) The results of a survey of eligible veterans who have received care or services under this section on the satisfaction of such eligible veterans with the care or services received by such eligible veterans under this section. (E) An assessment of the effect of furnishing care and services under this section on wait times for an appointment for the receipt of hospital care and medical services from the Department. (F) An assessment of the feasibility and advisability of continuing furnishing care and services under this section after the termination date specified in subsection (n). (p) Rules of construction (1) No modification of contracts Nothing in this section shall be construed to require the Secretary to renegotiate contracts for the furnishing of hospital care or medical services to veterans entered into by the Department before the date of the enactment of this Act. (2) Filling and paying for prescription medications Nothing in this section shall be construed to alter the process of the Department for filling and paying for prescription medications. 302. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department (a) Transfer of authority (1) In general Effective on October 1, 2014, the Secretary of Veterans Affairs shall transfer the authority to pay for hospital care, medical services, and other health care through non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department of Veterans Affairs from the Veterans Integrated Service Networks and medical centers of the Department of Veterans Affairs. (2) Manner of care The Chief Business Office shall work in consultation with the Office of Clinical Operations and Management of the Department of Veterans Affairs to ensure that care and services described in paragraph (1) are provided in a manner that is clinically appropriate and effective. (3) No delay in payment The transfer of authority under paragraph (1) shall be carried out in a manner that does not delay or impede any payment by the Department for hospital care, medical services, or other health care provided through a non-Department provider under the laws administered by the Secretary. (b) Budgetary effect The Secretary shall, for each fiscal year that begins after the date of the enactment of this Act— (1) include in the budget for the Chief Business Office of the Veterans Health Administration amounts to pay for hospital care, medical services, and other health care provided through non-Department providers, including any amounts necessary to carry out the transfer of authority to pay for such care and services under subsection (a), including any increase in staff; and (2) not include in the budget of each Veterans Integrated Service Network and medical center of the Department amounts to pay for such care and services. 303. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service (a) Outreach to Tribal-Run medical facilities The Secretary of Veterans Affairs shall, in consultation with the Director of the Indian Health Service, conduct outreach to each medical facility operated by an Indian tribe or tribal organization through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (b) Metrics for memorandum of understanding performance The Secretary of Veterans Affairs shall implement performance metrics for assessing the performance by the Department of Veterans Affairs and the Indian Health Service under the memorandum of understanding entitled Memorandum of Understanding between the Department of Veterans Affairs (VA) and the Indian Health Service (IHS) (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Director of the Indian Health Service shall jointly submit to Congress a report on the feasibility and advisability of the following: (1) Entering into agreements for the reimbursement by the Secretary of the costs of direct care services provided through organizations receiving amounts pursuant to grants made or contracts entered into under section 503 of the Indian Health Care Improvement Act (25 U.S.C. 1653) to veterans who are otherwise eligible to receive health care from such organizations. (2) Including the reimbursement of the costs of direct care services provided to veterans who are not Indians in agreements between the Department and the following: (A) The Indian Health Service. (B) An Indian tribe or tribal organization operating a medical facility through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (C) A medical facility of the Indian Health Service. (d) Definitions In this section: (1) Indian The terms Indian Indian tribe (2) Medical facility of the Indian Health Service The term medical facility of the Indian Health Service 25 U.S.C. 450 et seq. (3) Tribal organization The term tribal organization 25 U.S.C. 450b 304. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems (a) In general The Secretary of Veterans Affairs shall, in consultation with Papa Ola Lokahi and such other organizations involved in the delivery of health care to Native Hawaiians as the Secretary considers appropriate, enter into contracts or agreements with Native Hawaiian health care systems that are in receipt of funds from the Secretary of Health and Human Services pursuant to grants awarded or contracts entered into under section 6(a) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705(a) (b) Definitions In this section, the terms Native Hawaiian Native Hawaiian health care system Papa Ola Lokahi 42 U.S.C. 11711 305. Sense of Congress on prompt payment by Department of Veterans Affairs It is the sense of Congress that the Secretary of Veterans Affairs shall comply with section 1315 of title 5, Code of Federal Regulations (commonly known as the prompt payment rule IV Health Care Administrative Matters 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs (a) Improvement of access (1) In general The Secretary of Veterans Affairs shall improve the access of veterans to telemedicine and other health care through the use of mobile vet centers of the Department of Veterans Affairs by providing standardized requirements for the operation of such centers. (2) Requirements The standardized requirements required by paragraph (1) shall include the following: (A) The number of days each mobile vet center of the Department is expected to travel per year. (B) The number of locations each center is expected to visit per year. (C) The number of appointments each center is expected to conduct per year. (D) The method and timing of notifications given by each center to individuals in the area to which such center is traveling, including notifications informing veterans of the availability to schedule appointments at the center. (3) Use of telemedicine The Secretary shall ensure that each mobile vet center of the Department has the capability to provide telemedicine services. (b) Reports Not later than one year after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) The use of mobile vet centers to provide telemedicine services to veterans during the year preceding the submittal of the report, including the following: (A) The number of days each mobile vet center was open to provide such services. (B) The number of days each mobile vet center traveled to a location other than the headquarters of the mobile vet center to provide such services. (C) The number of appointments each center conducted to provide such services on average per month and in total during such year. (2) An analysis of the effectiveness of using mobile vet centers to provide health care services to veterans through the use of telemedicine. (3) Any recommendations for an increase in the number of mobile vet centers of the Department. (4) Any recommendations for an increase in the telemedicine capabilities of each mobile vet center. (5) The feasibility and advisability of using temporary health care providers, including locum tenens, to provide direct health care services to veterans at mobile vet centers. (6) Such other recommendations on improvement of the use of mobile vet centers by the Department as the Secretary considers appropriate. 402. Commission on construction projects of the Department of Veterans Affairs (a) Establishment of commission (1) Establishment There is established an Independent Commission on Department of Veterans Affairs Construction Projects (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall be composed of 10 voting members as follows: (i) Three members to be appointed by the President from among members of the National Academy of Engineering who are nominated under subparagraph (B). (ii) Three members to be appointed by the President from among members of the National Institute of Building Sciences who are nominated under subparagraph (B). (iii) Four members to be appointed by the President from among veterans enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, who are nominated under subparagraph (B). (B) Nomination of voting members The majority leader of the Senate, the minority leader of the Senate, the speaker of the House of Representatives, and the minority leader of the House of Representatives shall jointly nominate not less than 24 individuals to be considered by the President for appointment under subparagraph (A). (C) Nonvoting members The Commission shall be composed of the following nonvoting members: (i) The Comptroller General of the United States, or designee. (ii) The Secretary of Veterans Affairs, or designee. (iii) The Inspector General of the Department of Veterans Affairs, or designee. (D) Date of appointment of members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 14 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than five days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Review The Commission shall review current construction and maintenance projects and the medical facility leasing program of the Department of Veterans Affairs to identify any problems experienced by the Department in carrying out such projects and program. (2) Reports (A) Commission report Not later than 120 days after the date of the enactment of this Act, the Commission shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report setting forth recommendations, if any, for improving the manner in which the Secretary carries out the projects and program specified in paragraph (1). (B) Department report Not later than 60 days after the submittal of the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of implementing the recommendations of the Commission, if any, included in the report submitted under such subparagraph, including a timeline for the implementation of such recommendations. (c) Powers of commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(2)(A). 403. Commission on Access to Care (a) Establishment of commission (1) In general There is established the Commission on Access to Care (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall be composed of 10 voting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (ii) At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000. (iii) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iv) At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration. (v) At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. (B) Nonvoting members (i) In general In addition to members appointed under subparagraph (A), the Commission shall be composed of 10 nonvoting members who are appointed by the President as follows: (I) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (II) At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000. (III) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (IV) At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration. (V) At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. (ii) Additional nonvoting members In addition to members appointed under subparagraph (A) and clause (i), the Commission shall be composed of the following nonvoting members: (I) The Comptroller General of the United States, or designee. (II) The Inspector General of the Department of Veterans Affairs, or designee. (C) Date The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Evaluation and assessment The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs. (2) Matters evaluated and assessed The matters evaluated and assessed by the Commission shall include the following: (A) The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care. (B) The measurement of such standards. (C) The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A). (D) Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration. (E) The results of the assessment conducted by an independent third party under section 101(a), including any data or recommendations included in such assessment. (3) Reports The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (B) Not later than 180 days after the date of the initial meeting of the Commission, a final report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (c) Powers of the commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of the commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive action (1) Action on recommendations The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President— (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom. 404. Improved performance metrics for health care provided by Department of Veterans Affairs (a) Prohibition on use of scheduling and wait-time metrics in determination of performance awards The Secretary of Veterans Affairs shall ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of the following employees for purposes of determining whether to pay performance awards to such employees: (1) Directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of medical centers of the Department of Veterans Affairs. (2) Directors, assistant directors, and quality management officers of Veterans Integrated Service Networks of the Department of Veterans Affairs. (b) Modification of performance plans (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary shall modify the performance plans of the directors of the medical centers of the Department and the directors of the Veterans Integrated Service Networks to ensure that such plans are based on the quality of care received by veterans at the health care facilities under the jurisdictions of such directors. (2) Factors In modifying performance plans under paragraph (1), the Secretary shall ensure that assessment of the quality of care provided at health care facilities under the jurisdiction of a director described in paragraph (1) includes consideration of the following: (A) Recent reviews by the Joint Commission (formerly known as the Joint Commission on Accreditation of Healthcare Organizations (B) The number and nature of recommendations concerning such facilities by the Inspector General of the Department in reviews conducted through the Combined Assessment Program (CAP), in the reviews by the Inspector General of community based outpatient clinics and primary care clinics, and in reviews conducted through the Office of Healthcare Inspections during the two most recently completed fiscal years. (C) The number of recommendations described in subparagraph (B) that the Inspector General of the Department determines have not been carried out satisfactorily with respect to such facilities. (D) Reviews of such facilities by the Commission on Accreditation of Rehabilitation Facilities. (E) The number and outcomes of administrative investigation boards, root cause analysis, and peer reviews conducted at such facilities during the fiscal year for which the assessment is being conducted. (F) The effectiveness of any remedial actions or plans resulting from any Inspector General recommendations in the reviews and analyses described in subparagraphs (A) through (E). (3) Additional leadership positions To the degree practicable, the Secretary shall assess the performance of other employees of the Department in leadership positions at Department medical centers, including associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads, and in Veterans Integrated Service Networks, including assistant directors and quality management officers, using factors and criteria similar to those used in the performance plans modified under paragraph (1). (c) Removal of certain performance goals For each fiscal year that begins after the date of the enactment of this Act, the Secretary shall not include in the performance goals of any employee of a Veterans Integrated Service Network or medical center of the Department any performance goal that might disincentivize the payment of Department amounts to provide hospital care, medical services, or other health care through a non-Department provider. 405. Improved transparency concerning health care provided by Department of Veterans Affairs (a) Publication of wait times (1) Goals (A) Initial Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish in the Federal Register, and on an Internet website accessible to the public of each medical center of the Department of Veterans Affairs, the wait-time goals of the Department for the scheduling of an appointment by a veteran for the receipt of health care from the Department. (B) Subsequent changes (i) In general If the Secretary modifies the wait-time goals described in subparagraph (A), the Secretary shall publish the new wait-times goals— (I) on an Internet website accessible to the public of each medical center of the Department not later than 30 days after such modification; and (II) in the Federal Register not later than 90 days after such modification. (ii) Effective date Any modification under clause (i) shall take effect on the date of publication in the Federal Register. (C) Goals described Wait-time goals published under this paragraph shall include goals for primary care appointments, specialty care appointments, and appointments based on the general severity of the condition of the veteran. (2) Wait times at medical centers of the Department Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish on an Internet website accessible to the public of each medical center of the Department the current wait time for an appointment for primary care and specialty care at the medical center. (b) Publicly available database of patient safety, quality of care, and outcome measures (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and make available to the public a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for health care provided by the Department that are tracked by the Secretary. (2) Update frequency The Secretary shall update the database required by paragraph (1) not less frequently than once each year. (3) Unavailable measures For all measures that the Secretary would otherwise publish in the database required by paragraph (1) but has not done so because such measures are not available, the Secretary shall publish notice in the database of the reason for such unavailability and a timeline for making such measures available in the database. (4) Accessibility The Secretary shall ensure that the database required by paragraph (1) is accessible to the public through the primary Internet website of the Department and through each primary Internet website of a Department medical center. (c) Hospital Compare website of Department of Health and Human Services (1) Agreement required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Health and Human Services for the provision by the Secretary of Veterans Affairs of such information as the Secretary of Health and Human Services may require to report and make publicly available patient quality and outcome information concerning Department of Veterans Affairs medical centers through the Hospital Compare Internet website of the Department of Health and Human Services or any successor Internet website. (2) Information provided The information provided by the Secretary of Veterans Affairs to the Secretary of Health and Human Services under paragraph (1) shall include the following: (A) Measures of timely and effective health care. (B) Measures of readmissions, complications of death, including with respect to 30-day mortality rates and 30-day readmission rates, surgical complication measures, and health care related infection measures. (C) Survey data of patient experiences, including the Hospital Consumer Assessment of Healthcare Providers and Systems or any similar successor survey developed by the Department of Health and Human Services. (D) Any other measures required of or reported with respect to hospitals participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (3) Unavailable information For any applicable metric collected by the Department of Veterans Affairs or required to be provided under paragraph (2) and withheld from or unavailable in the Hospital Compare Internet website, the Secretary of Veterans Affairs shall publish a notice in the Federal Register stating the reason why such metric was withheld from public disclosure and a timeline for making such metric available, if applicable. (d) Comptroller General review of publicly available safety and quality metrics Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the safety and quality metrics made publicly available by the Secretary of Veterans Affairs under this section to assess the degree to which the Secretary is complying with the provisions of this section. 406. Information for veterans on the credentials of Department of Veterans Affairs physicians (a) Improvement of Our Providers (1) Availability through Department of Veterans Affairs homepage A link to the Our Providers (2) Information on location of residency training The Internet website of the Department that is accessible to the public shall include under the link to the Our Providers (3) Information on physicians at particular facilities The Our Providers (b) Information on credentials of physicians for veterans undergoing surgical procedures (1) In general Each veteran who is undergoing a surgical procedure by or through the Department shall be provided information on the credentials of the surgeon to be performing such procedure at such time in advance of the procedure as is appropriate to permit such veteran to evaluate such information. (2) Other individuals If a veteran is unable to evaluate the information provided under paragraph (1) due to the health or mental competence of the veteran, such information shall be provided to an individual acting on behalf of the veteran. (c) Comptroller General report and plan (1) Report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth an assessment by the Comptroller General of the following: (A) The manner in which contractors under the Patient-Centered Community Care initiative of the Department perform oversight of the credentials of physicians within the networks of such contractors under the initiative. (B) The oversight by the Department of the contracts under the Patient-Centered Community Care initiative. (C) The verification by the Department of the credentials and licenses of health care providers furnishing hospital care and medical services under section 301. (2) Plan (A) In general Not later than 30 days after the submittal of the report under paragraph (1), the Secretary shall— (i) submit to the Comptroller General, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a plan to address any findings and recommendations of the Comptroller General included in such report; and (ii) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a request for additional amounts, if any, that may be necessary to carry out such plan. (B) Implementation Not later than 90 days after the submittal of the report under paragraph (1), the Secretary shall carry out such plan. 407. Information in annual budget of the President on hospital care and medical services furnished through expanded use of contracts for such care The materials on the Department of Veterans Affairs in the budget of the President for a fiscal year, as submitted to Congress pursuant to section 1105(a) (1) The number of veterans who received hospital care and medical services under section 301 during the fiscal year preceding the fiscal year in which such budget is submitted. (2) The amount expended by the Department on furnishing care and services under such section during the fiscal year preceding the fiscal year in which such budget is submitted. (3) The amount requested in such budget for the costs of furnishing care and services under such section during the fiscal year covered by such budget, set forth in aggregate and by amounts for each account for which amounts are so requested. (4) The number of veterans that the Department estimates will receive hospital care and medical services under such section during the fiscal years covered by the budget submission. (5) The number of employees of the Department on paid administrative leave at any point during the fiscal year preceding the fiscal year in which such budget is submitted. 408. Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs Not later than 60 days after the date of the enactment of this Act, and in accordance with title 5, United States Code, the Secretary of Veterans Affairs shall establish policies whereby any employee of the Department of Veterans Affairs who knowingly submits false data concerning wait times for health care or quality measures with respect to health care to another employee of the Department or knowingly requires another employee of the Department to submit false data concerning such wait times or quality measures to another employee of the Department is subject to a penalty the Secretary considers appropriate after notice and an opportunity for a hearing, including civil penalties, unpaid suspensions, or termination. 409. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) Removal or transfer (1) In general Chapter 7 713. Senior Executive Service: removal based on performance (a) In general The Secretary may remove any individual from the Senior Executive Service if the Secretary determines the performance of the individual warrants such removal. If the Secretary so removes such an individual, the Secretary may— (1) remove the individual from the civil service (as defined in section 2101 (2) transfer the individual to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate. (b) Notice to Congress Not later than 30 days after removing or transferring an individual from the Senior Executive Service under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice in writing of such removal or transfer and the reason for such removal or transfer. (c) Procedure (1) The procedures under section 7543 (2) (A) Subject to subparagraph (B), any removal or transfer under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 (B) An appeal under subparagraph (A) of a removal or transfer may only be made if such appeal is made not later than 7 days after the date of such removal or transfer. (d) Expedited review by Merit Systems Protection Board (1) The Merit Systems Protection Board shall expedite any appeal under section 7701 (2) In any case in which the Merit Systems Protection Board determines that it cannot issue a decision in accordance with the 21-day requirement under paragraph (1), the Merit Systems Protection Board shall submit to Congress a report that explains the reason why the Merit Systems Protection Board is unable to issue a decision in accordance with such requirement in such case. (3) There is authorized to be appropriated such sums as may be necessary for the Merit Systems Protection Board to expedite appeals under paragraph (1). (4) The Merit Systems Protection Board may not stay any personnel action taken under this section. (5) A person who appeals under section 7701 (6) A decision made by the Merit Systems Protection Board with respect to a removal or transfer under subsection (a) shall not be subject to any further appeal. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. . (b) Establishment of expedited review process (1) In general Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with section 713(d) (2) Inapplicability of certain regulations Section 1201.22 section 713(d) (3) Report by Merit Systems Protection Board Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to Congress a report on the actions the Board plans to take to conduct expedited reviews under section 713(d) (c) Temporary exemption from certain limitation on initiation of removal from Senior Executive Service During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Department of Veterans Affairs pursuant to section 713 section 7543 section 3592(b) (d) Construction Nothing in this section or section 713 V Health Care Related to Sexual Trauma 501. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training Section 1720D(a)(1) or active duty for training , active duty for training, or inactive duty training 502. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces (a) Expansion of coverage to members of the Armed Forces Subsection (a) of section 1720D (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. ; and (3) in paragraph (3), as redesignated by paragraph (1)— (A) by striking a veteran an individual (B) by striking that veteran that individual (b) Information to members on availability of counseling and services Subsection (c) of such section is amended— (1) by striking to veterans (2) in paragraph (3), by inserting members of the Armed Forces and individuals (c) Inclusion of members in reports on counseling and services Subsection (e) of such section is amended— (1) in the matter preceding paragraph (1), by striking to veterans (2) in paragraph (2)— (A) by striking women veterans individuals (B) by striking training under subsection (d). (A) veterans; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. ; (3) in paragraph (4), by striking veterans individuals (4) in paragraph (5)— (A) by striking women veterans individuals (B) by inserting , including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2) (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 503. Reports on military sexual trauma (a) Report on services available for military sexual trauma in the Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Reports on transition of military sexual trauma treatment from Department of Defense to Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma, including permitting veterans access to information and evidence necessary to develop or support such claims. (c) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Military sexual trauma The term military sexual trauma (3) Sexual harassment The term sexual harassment (4) Sexual trauma The term sexual trauma (d) Effective date This section shall take effect on the date that is 270 days after the date of the enactment of this Act. VI Major Medical Facility Leases 601. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. 602. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs (b) Requirement for obligation of full cost (1) In general Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 (A) an amount equal to total payments under the full term of the lease; or (B) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (2) Self-insuring authority The requirements of paragraph (1) may be satisfied through the use of a self-insuring authority consistent with Office of Management and Budget Circular A–11. (c) Transparency (1) Compliance Subsection (b) of section 8104 (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 Anti-Deficiency Act (A) an analysis of the classification of the lease as a lease-purchase capital lease operating lease (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a detailed summary of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. VII Veterans Benefits Matters 701. Expansion of Marine Gunnery Sergeant John David Fry Scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 or spouse child (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. . (c) Conforming amendment Section 3321(b)(4) of such title is amended— (1) by striking an individual a child (2) by striking such individual’s such child’s 702. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans (a) In general Section 3679 (c) (1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. (B) An individual who is entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue of such individual's relationship to a veteran described in subparagraph (A). (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4) It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State. (5) The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate. (6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . (b) Effective date Subsection (c) of section 3679 VIII Appropriation and Emergency Designations 801. Appropriation of emergency amounts There is authorized to be appropriated, and is appropriated, to the Secretary of Veterans Affairs, out of any funds in the Treasury not otherwise appropriated, for fiscal years 2014, 2015, and 2016, such sums as may be necessary to carry out this Act. 802. Emergency designations (a) In general This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (b) Designation in Senate In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. June 10, 2014 Read the second time and placed on the calendar
Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014
Local School Board Governance and Flexibility Act - Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority; and (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity. Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that: conflict with the authority of LEAs delegated to them by their state; result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government; conflict with the authority of LEAs to determine how to engage or act upon community participation and advice; impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies; conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed; establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement; or place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants. Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first: requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them; verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements; giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies; and giving SEAs and LEAs maximum flexibility in implementing the requirements. Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website.
To support the local decisionmaking functions of local educational agencies by limiting the authority of the Secretary of Education to issue regulations, rules, grant conditions, and guidance materials, and for other purposes. 1. Short title This Act may be cited as the Local School Board Governance and Flexibility Act 2. Sense of Congress It is the sense of Congress that— (1) the responsibility for education resides with the States, which have delegated to local school boards the power and authority to adopt policies, establish priorities, and provide accountability to direct the operation of neighborhood schools; (2) local school boards are held accountable by local voters to represent the interests of students, parents, local businesses, civic organizations, taxpayers, and the community at large in determining, subject to State laws and policies, the direction, values, climate, and financial support of the schools in their community; (3) the vital national interest in local self-governance of local educational agencies has been weakened through Department of Education requirements that are either unnecessary to achieve the specific direction of legislation enacted by Congress, or that impose unnecessary limits on the flexibility needed by local educational agencies in order to meet local, State, and Federal goals in education; and (4) to support the local decisionmaking function of local educational agencies, the Secretary of Education should engage only in issuing regulations, rules, grant conditions, guidance materials, and other requirements under the jurisdiction of the Department that are— (A) specifically required to implement Federal legislation; and (B) demonstrated to be educationally, operationally, and financially within the capacity of local educational agencies to implement. 3. Authority of the Secretary Unless specifically authorized by Federal law, the Secretary may not issue a Federal regulation, rule, grant condition, guidance material, or other requirement pertaining to a State educational agency or a local educational agency that— (1) conflicts with the power and authority of the local educational agency delegated by the State regarding the operation of the schools (including the school system’s mission and goals, organization, local budget and budget priorities, education program, curriculum, or extra-curricular activities), student health services and safety, transportation and school boundaries, procurement policies, staffing and personnel policies, capital construction, authority to levy taxes, issue bonds, and acquire land, and other functions essential to the daily operation of the schools within the jurisdiction of the local educational agency; (2) results in additional costs to the local educational agency for reporting, grant administration, and general operations, unless fully funded from Federal funds; (3) conflicts with the power and authority of the local educational agency to determine how to engage or act upon community participation and advice; (4) imposes requirements on a local educational agency or State educational agency that would limit or adversely affect the authority of the local educational agency or State educational agency to function as a legislative, executive, or quasi-judicial agency; (5) conflicts with the authority of— (A) a State to determine the appropriate governance structure of— (i) the State educational agency; or (ii) the State's local educational agencies; or (B) a State educational agency or local educational agency to determine the appropriate governance and management of the schools that the State educational agency or local educational agency serve; (6) establishes reporting requirements for State educational agencies or local educational agencies that duplicate existing Federal requirements or that are issued without first conducting a fiscal impact statement related to the costs to State educational agencies or local educational agencies, as the case may be, including requests for data and recommendations from State educational agencies or local educational agencies and national education organizations consistent with the provisions of section 4(a); or (7) places conditions or requirements on a grant to a State or local educational agency that are not directly related to, or that do not directly support, the intent of the specific purpose of the grant or the legislation authorizing such grant. 4. Opportunity for comment regarding local impact (a) In general During each fiscal year (beginning with the fiscal year following the fiscal year in which this Act is enacted), the Secretary of Education shall provide local educational agencies and the major national education organizations, including those representing local school boards, local school superintendents, principals, and teachers, a minimum of 60 days in order to provide written comments regarding the local impact of implementing Federal regulations, rules, grant conditions, guidance materials, or other requirements for any applicable program or activity of the Secretary. (b) Report The Secretary of Education shall prepare and publish a report based on the comments received pursuant to subsection (a), which shall be forwarded to the chairs and ranking members of the Education and the Workforce Committee of the House of Representatives and the Health, Education, Labor, and Pensions Committee of the Senate not later than July 1 of each year and shall be simultaneously posted on the Department of Education’s website. 5. Efficiency in implementing Federal programs (a) Eliminating reporting duplications Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall conduct a review of existing reporting requirements applicable to local educational agencies resulting from programs and activities under the jurisdiction of the Department of Education to determine duplications and make modifications as necessary to eliminate such reporting duplications. (b) Prohibition The Secretary may not promulgate any regulation, rule, guidance material, grant condition, or other requirement pertaining to a State educational agency or a local educational agency, without first taking the following actions: (1) Requesting data and recommendations from State educational agencies, local educational agencies, and the major national education organizations representing chief State school officers, local school boards, local school superintendents, principals, and teachers regarding the educational, financial, and operational costs involved for implementation, and publishing the data and recommendations provided upon issuance of such regulation, rule, guidance material, grant condition, or other requirement and posting that information on the Department of Education’s website. (2) Verifying, based on the data set forth in paragraph (1), that local educational agencies will have the financial resources and the technical assistance such agencies may need to successfully implement the regulation, rule, guidance material, grant condition, or other requirement, including any Federal requirement that would extend beyond the time that Federal assistance is available for that purpose. (3) Providing State educational agencies, local educational agencies, and the national education organizations identified in paragraph (1) with not less than 60 days notice following the Secretary’s publication of a notice of intent to issue any regulation, rule, guidance material, grant condition, or other requirement to respond, unless a shorter time period is needed to meet an emergency such as a declared natural disaster. (4) Ensuring that maximum flexibility is provided to State educational agencies and local educational agencies in implementing any regulation, rule, guidance material, grant condition, or other requirement. (c) Review and response If a local educational agency or an organization identified in subsection (b) provides the Secretary of Education with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary, or the Secretary’s designee, shall review the merits of that statement, provide a written response within 60 days, and post that response on the Department of Education’s website, including a description of what action, if any, the Secretary will take to correct any deficiency that the Secretary determines exists.
Local School Board Governance and Flexibility Act
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Strong Start for America's Children Act - Title I: Prekindergarten Access - Subtitle A: Access to Voluntary Prekindergarten for Low- and Moderate-Income Families - (Sec. 113) Directs the Secretary of Education (Secretary) to allot matching grants to states and, through them, subgrants to local educational agencies (LEAs), childhood education program providers, or consortia of those entities to implement high-quality prekindergarten programs for children from low-income families. Reserves specified portions of this subtitle's funding for: (1) Indian tribes and tribal organizations, (2) outlying areas, (3) LEAs that serve children in families who are engaged in migrant or seasonal labor, and (4) national activities. Allots grants to states based on each state's proportion of children who are age four and who are from families with incomes at or below 200% of the poverty level. Allows states that provide such four-year-old children with access to universally available, voluntary, high-quality prekindergarten programs to use their grant to provide high-quality prekindergarten programs for children who are age three and who are from families with incomes at or below 200% of the poverty level. Defines "high-quality prekindergarten programs" as those that: serve children who are 3 or 4 by the eligibility determination date or have attained the legal age for state-funded prekindergarten; require staff to have high qualifications, which for teachers include specified alternative requirements that all involve possessing a bachelor's degree; maintain a maximum class size of 20 children and a child-to-instructional staff ratio that does not exceed 10 to 1; offer a full-day program; provide developmentally appropriate, evidence-based curricula and learning environments that are aligned with state early learning and development standards; offer teachers salaries comparable to those earned by kindergarten through grade 12 teachers; provide for ongoing monitoring and program evaluation to ensure continuous improvement; offer accessible comprehensive services for children, including specified minimum services; provide high-quality professional development for all staff; meet education performance standards under the Head Start Act; and maintain evidence-based health and safety standards. Conditions grant eligibility on states demonstrating to the Secretary that they: (1) have or will establish early learning and development standards; (2) have or will develop the ability to link prekindergarten data with their elementary and secondary school data; (3) offer kindergarten for eligible children; and (4) have established or designated, or will establish or designate, a State Advisory Council on Early Childhood Education and Care. Requires state grantees to: (1) ensure that their grant-supported prekindergarten programs conduct criminal history background checks on all employees or applicants for employment who have direct access to children, and (2) prohibit the employment by such programs of individuals who have direct access to children and have been convicted of a violent felony or any violent or sexual crime against a minor. (Sec. 117) Allows states to reserve up to 20% of their grant funds over the first four years of their grant for prekindergarten quality improvement activities, including the provision of: (1) support for prekindergarten personnel seeking a baccalaureate degree in early childhood education or a closely-related field, (2) ongoing professional development opportunities for prekindergarten personnel, and (3) more opportunities for families to learn how best to support their children's development over the first five years of life. Makes matching requirements inapplicable to those reserved funds. Authorizes states to apply to the appropriate Secretary to use up to 15% of their grant for subgrants to high-quality early childhood education and care programs for infants and toddlers whose family income is at or below 200% of the poverty level. Requires the Secretary and the Secretary of Health and Human Services (HHS) to jointly administer the use of such funds on such terms as they set forth in an interagency agreement. Prohibits states from reserving more than 1% of their grant funds to administer the grant. (Sec. 118) Requires state to develop, implement, and make publicly available performance measures and targets for their grant activities. Sets forth what those measures must, at a minimum, track. (Sec. 119) Raises the percentage of the grant funds which must be matched over the years a state receives such grant. Allows states to provide matching funds at a reduced rate if such states: offer enrollment in high-quality prekindergarten programs to at least 50% of the children who are age four on the eligibility determination date and are from families with incomes at or below 200% of the poverty level, have a plan for continuing to expand access to such programs to such children, and have a plan to expand access to such programs to children from moderate income families with incomes above 200% of the poverty line. (Sec. 121) Require subgrantees that are: (1) LEAs to enter into strong partnerships with local early childhood education programs, and (2) not LEAs to enter into strong partnerships with LEAs. (Sec. 122) Requires state grantees to submit to the Secretary, the Secretary of HHS, and the State Advisory Council on Early Childhood Education and Care an annual report concerning their progress in implementing high-quality prekindergarten programs. Directs the Secretary to submit an annual report to Congress that includes a summary of those state reports. (Sec. 123) Prohibits state grantees from requiring any child to participate in any federal, state, local, or private early childhood education program. Limits the use of assessments funded by the grant program. (Sec. 124) Directs the Secretary and the Secretary of HHS to develop a process to provide Head Start program services to children who are younger than age four in states or regions that provide four-year-olds whose family income is at or below 200% of the poverty level with sustained access to high-quality prekindergarten programs. (Sec. 127) Authorizes appropriations for this subtitle's grant program through FY2023. Subtitle B: Prekindergarten Development Grants - (Sec. 151) Directs the Secretary to award competitive matching grants to states, LEAs, or other local government entities to increase their capacity to offer high-quality prekindergarten programs. Requires state recipients to assure the Secretary that they will use their grant to become eligible, within three years of receiving the grant, for this Act's grants for high-quality prekindergarten programs. Allows grantees to award subgrants to LEAs, childhood education program providers, or consortia of those entities to carry out the grant activities. Authorizes appropriations for this subtitle's grant program through FY2024. Title II: Learning Quality Partnerships - (Sec. 202) Amends the Head Start Act to direct the Secretary of HHS to make grants to Early Head Start agencies to partner with center-based or family child care providers, particularly those that receive support under the Child Care and Development Block Grant Act of 1990 (CCDBGA), to assist those providers in meeting applicable Head Start and Early Head Start program performance standards. Authorizes those partnerships to serve children through age three. Reserves specified portions of this title's funding for: (1) Indian Head Start programs that serve young children, (2) migrant and seasonal Head Start programs that serve young children, and (3) outlying areas. Directs the Secretary of HHS to give Early Head Start program grant priority to Early Head Start agencies that agree to enter into such partnerships with center-based or family child care providers. Requires the Secretary, within one year after this Act's enactment, to conduct a survey and report to Congress on the barriers Early Head Start agencies and child care providers face in entering into early learning quality partnership agreements under this title. Authorizes appropriations for this title's grant program through FY2024. Title III: Maternal, Infant, and Early Childhood Home Visiting Program - (Sec. 301) Expresses the sense of the Senate regarding the need for Congress to continue providing resources to the Maternal, Infant, and Early Childhood Home Visiting program to support the work of states in helping at-risk families voluntarily receive home visits from nurses and social workers.
To support early learning. 1. Short title This Act may be cited as the Strong Start for America’s Children Act 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Prekindergarten Access Subtitle A—Access to voluntary prekindergarten for low- and moderate-Income families Sec. 111. Purposes. Sec. 112. Definitions. Sec. 113. Program authorization. Sec. 114. Allotments and reservation of funds. Sec. 115. State eligibility criteria. Sec. 116. State applications. Sec. 117. State use of funds. Sec. 118. Performance measures and targets. Sec. 119. Matching requirements. Sec. 120. Eligible local entity applications. Sec. 121. Required subgrant activities. Sec. 122. Report and evaluation. Sec. 123. Prohibition of required participation or use of funds for assessments. Sec. 124. Coordination with Head Start programs. Sec. 125. Technical assistance in program administration. Sec. 126. Rule of construction. Sec. 127. Authorization of appropriations. Subtitle B—Prekindergarten development grants Sec. 151. Prekindergarten development grants. TITLE II—Learning quality partnerships Sec. 201. Purposes. Sec. 202. Early learning quality partnerships. TITLE III—Maternal, Infant, and Early Childhood Home Visiting program Sec. 301. Sense of Senate. I Prekindergarten Access A Access to voluntary prekindergarten for low- and moderate-income families 111. Purposes The purposes of this subtitle are to— (1) establish a Federal-State partnership to provide access to high-quality public prekindergarten programs for all children from low-income and moderate-income families to ensure that the children enter kindergarten prepared for success; (2) broaden participation in such programs to include children from additional middle-class families; and (3) promote access to full-day kindergarten, and high-quality early childhood education programs and settings for children. 112. Definitions In this subtitle: (1) Child with a disability The term child with a disability (A) given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 (B) given the term infant or toddler with a disability 20 U.S.C. 1432 (2) Comprehensive early learning assessment system The term comprehensive early learning assessment system (A) means a coordinated and comprehensive system of multiple assessments, each of which is valid and reliable for its specified purpose and for the population with which it will be used, that organizes information about the process and context of young children’s learning and development in order to help early childhood educators make informed instructional and programmatic decisions and that conforms to the recommendations of the National Research Council reports on early childhood; and (B) includes, at a minimum— (i) child screening measures to identify children who may need follow-up services to address developmental, learning, or health needs in, at a minimum, areas of physical health, behavioral health, oral health, child development, vision, and hearing; (ii) child formative assessments; (iii) measures of environmental quality; and (iv) measures of the quality of adult-child interactions. (3) Dual language learner The term dual language learner 42 U.S.C. 9832 (4) Early childhood education program The term early childhood education program 20 U.S.C. 1003 (5) Elementary school The term elementary school 20 U.S.C. 7801 (6) Eligible local entity The term eligible local entity (A) a local educational agency, including a charter school or a charter management organization that acts as a local educational agency, or an educational service agency in partnership with a local educational agency; (B) an entity (including a Head Start program or licensed child care setting) that carries out, administers, or supports an early childhood education program; or (C) a consortium of entities described under subparagraph (A) or (B). (7) Eligibility determination date The term eligibility determination date (8) Full-day The term full-day (A) equivalent to a full school day at the public elementary schools in the State; and (B) not less than 5 hours a day. (9) High-quality prekindergarten program The term high-quality prekindergarten program (A) Serves children who— (i) are age 4 or children who are age 3 or 4, by the eligibility determination date (including children who turn age 5 while attending the program); or (ii) have attained the legal age for State-funded prekindergarten. (B) Requires high staff qualifications, including a requirement that a prekindergarten teacher— (i) has a bachelor's degree in early childhood education or a related field with coursework that demonstrates competence in early childhood education; (ii) (I) has a bachelor's degree in any field; (II) has demonstrated knowledge of early childhood education through passage of a State-approved assessment in early childhood education; (III) engages in ongoing professional development in early childhood education for not less than 2 years; and (IV) is enrolled in a State-approved educator preparation program in which the teacher receives ongoing training and support in early childhood education and is making progress toward the completion of the program in not more than 3 years; or (iii) has a bachelor’s degree in any field with a credential, license, or endorsement that demonstrates competence in early childhood education. (C) Maintains a maximum class size of 20 children. (D) Maintains a child to instructional staff ratio that does not exceed 10 to 1. (E) Offers a full-day program. (F) Provides developmentally appropriate learning environments and evidence-based curricula that are aligned with the State’s early learning and development standards. (G) Offers instructional staff salaries comparable to kindergarten through grade 12 teaching staff. (H) Provides for ongoing monitoring and program evaluation to ensure continuous improvement. (I) Offers accessible comprehensive services for children that— (i) include, at a minimum— (I) screenings for vision, dental, health (including mental health), and development and referrals, and assistance obtaining services, when appropriate; (II) family engagement opportunities (taking into account home language), such as parent conferences (including parent input about their child’s development) and support services, such as parent education and family literacy services; (III) nutrition services, including nutritious meals and snack options aligned with requirements set by the most recent Child and Adult Care Food Program guidelines promulgated by the Department of Agriculture as well as regular, age-appropriate, nutrition education for children and their families; (IV) programs coordinated with local educational agencies and entities providing programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (V) physical activity programs aligned with evidence-based guidelines, such as those recommended by the Institute of Medicine, and that take into account and accommodate children with disabilities; and (VI) additional support services, as appropriate, based on the findings of the needs analysis as described in section 120; and (ii) are provided on-site, to the maximum extent feasible. (J) Provides high-quality professional development for staff, including regular in-class observation for teachers and teacher assistants by individuals trained in observation and which may include evidence-based coaching. (K) Meets the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act ( 42 U.S.C. 9836a(a)(1)(B) (L) Maintains evidence-based health and safety standards. (10) Homeless child The term homeless child (11) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (12) Local educational agency The term local educational agency 20 U.S.C. 7801 (13) Outlying area The term outlying area (14) Poverty line The term poverty line (A) adjusted to reflect the percentage change in the Consumer Price Index for all consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and (B) adjusted for family size. (15) Secretary The term Secretary (16) State Except as otherwise provided in this subtitle, the term State (17) State advisory council on early childhood education and care The term State Advisory Council on Early Childhood Education and Care 42 U.S.C. 9837b(b) 113. Program authorization (a) In general From amounts made available to carry out this subtitle, the Secretary, in consultation with the Secretary of Health and Human Services, shall award grants to States to implement high-quality prekindergarten programs, consistent with the purposes of this subtitle. For each fiscal year, the funds provided under the grant shall equal the allotment determined for the State under section 114. (b) Prekindergarten for 3-year olds (1) In general Each State that certifies to the Secretary that it provides access to universally available, voluntary, high-quality prekindergarten programs for 4-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line, may use the State’s allotment under section 114(b) to provide high-quality prekindergarten programs for 3-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line. (2) Subgrants In each State that has a city, county, or local educational agency that provides universally available, voluntary, high-quality prekindergarten programs for 4-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line, the State may use amounts from the State’s allotment under section 114(b) to award subgrants to eligible local entities to enable such entities to provide high-quality prekindergarten programs for 3-year old children who are from families with incomes at or below 200 percent of the poverty line and who reside in such city, county, or local educational agency without diminishing access for 4-year old children in other parts of the State. 114. Allotments and reservation of funds (a) Reservation From the amount made available each fiscal year to carry out this subtitle, the Secretary shall— (1) reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations (as such terms are defined under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n (2) reserve 1/2 (3) reserve not more than 1/2 (4) reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation. (b) Allotments (1) In general From the amount made available each fiscal year to carry out this subtitle and not reserved under subsection (a), the Secretary shall make allotments to States in accordance with paragraph (2) that have submitted an approved application. (2) Allotment amount (A) In general Subject to subparagraph (B), the Secretary shall allot the amount made available under paragraph (1) for a fiscal year among the States in proportion to the number of children who are age 4 who reside within the State and are from families with incomes at or below 200 percent of the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all such States for that fiscal year. (B) Minimum allotment amount No State receiving an allotment under subparagraph (A) may receive less than 1/2 (3) Reallotment and carry over (A) In general If 1 or more States does not receive an allotment under this subsection for any fiscal year, the Secretary may use the amount of the allotments for such State or States for either or both of the following, in such amounts as the Secretary determines appropriate: (i) To increase the allotments of States with approved applications, consistent with subparagraph (B). (ii) To carry over the funds to the next fiscal year. (B) Reallotment From the total amount available under subparagraph (A)(i), if any, the Secretary shall allot to each State with an approved application an amount that bears the same relationship to that total amount, as the amount the State received under paragraph (2) for that fiscal year bears to the amount that all States with approved applications received under paragraph (2) for that fiscal year. (4) State For purposes of this subsection, the term State (c) Flexibility The Secretary may make minimal adjustments to allotments under this subsection, which shall neither lead to a significant increase or decrease in a State’s allotment determined under subsection (b), based on a set of factors, such as the level of program participation and the estimated cost of the activities specified in the State plan. (d) Applications for reserved funds A tribe, tribal organization, outlying area, or entity for which the Secretary reserves funds under subsection (a) and that desires to receive such funds shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require, including a description of how such tribe, organization, area, or entity will carry out the purposes of this subtitle. 115. State eligibility criteria A State is eligible to receive a grant under this subtitle if the State demonstrates that the State— (1) has established, or will establish, early learning and development standards that describe what children from birth to kindergarten entry should know and be able to do, are universally designed and developmentally, culturally, and linguistically appropriate, are aligned with the State's challenging academic content standards and challenging student academic achievement standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) (A) physical well-being and motor development; (B) social and emotional development; (C) approaches to learning, including creative arts expression; (D) developmentally appropriate oral and written language and literacy development; and (E) cognition and general knowledge, including early mathematics and early scientific development; (2) has the ability, or will develop the ability, to link prekindergarten data with its elementary school and secondary school data for the purpose of collecting longitudinal information, including through the use of a unique State-assigned student identifier number, for all children participating in the State’s high-quality prekindergarten program and any other federally funded early childhood program; (3) offers kindergarten for children who are eligible children for that service in the State; and (4) has established or designated, or will establish or designate, a State Advisory Council on Early Childhood Education and Care. 116. State applications (a) In general The Governor, or chief executive officer, of a State that desires to receive a grant under this subtitle shall submit an application, in consultation with Indian tribes and tribal organizations (as such terms are defined under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n (1) an assurance that the State— (A) will coordinate with and continue to participate in the programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act (42 U.S.C. 711) for the duration of the grant; (B) will designate a State-level entity, selected by the Governor or chief executive officer of the State, such as an agency or joint interagency office, for the administration of the grant, which shall coordinate and consult with the State educational agency if the entity is not the State educational agency; and (C) will establish, or certify the existence of, program standards for all State prekindergarten programs consistent with the definition of a high-quality prekindergarten program under section 112; and (2) a description of— (A) how the State will use funds received under this subtitle and the State's matching funds to provide high-quality prekindergarten programs with open enrollment for all children in the State who— (i) are described in section 112(9)(A); and (ii) are from families with incomes at or below 200 percent of the poverty line; (B) how the State plans to develop or enhance a system for monitoring eligible local entities that are receiving funds under this subtitle for compliance with quality standards developed by the State and to provide program improvement support, which may be accomplished through the use of a State-developed system for quality rating and improvement; (C) the State’s plan, if applicable, to expand participation in the State's high-quality prekindergarten programs to children from families with incomes above 200 percent of the poverty line; (D) the State’s comprehensive early learning assessment system, or how the State plans to develop such a system, ensuring that any assessments are age-appropriate, as well as culturally and developmentally appropriate and, consistent with the recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act ( 42 U.S.C. 9844(j) (E) the State’s plan to develop, implement, and make publicly available the measures and targets described in section 118; (F) the State’s plan to increase the number of teachers with bachelor’s degrees in early childhood education, or with bachelor’s degrees in another closely related field and specialized training and demonstrated competency in early childhood education, including how higher education will support increasing the number of teachers with such degrees and training, including through the use of assessments of prior learning, knowledge, and skills to facilitate and expedite attainment of such degrees; (G) how activities funded under this subtitle will be coordinated and integrated with Federal, State, and local services and programs that support early childhood education and care, including programs supported under this subtitle, the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 20 U.S.C. 1400 et seq. 42 U.S.C. 601 et seq. Public Law 111–5 42 U.S.C. 711 42 U.S.C. 1396 et seq. Public Law 111–5 42 U.S.C. 670 et seq. (H) how the State will award subgrants to eligible local entities, and in awarding such subgrants, will facilitate a delivery system of high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, public school, and private settings, and will expand options for families; (I) if the State does not have a funding mechanism for subgranting funds to implement high-quality prekindergarten programs, how the State will use objective criteria in awarding subgrants to eligible local entities that will implement high-quality prekindergarten programs, including actions the State will take to ensure that eligible local entities will coordinate with local educational agencies or other early learning providers, as appropriate, to carry out activities to provide children served under this subtitle with a successful transition from preschool into kindergarten, which activities shall include— (i) aligning curricular objectives and instruction; (ii) providing staff professional development, including opportunities for joint-professional development on early learning and kindergarten through grade 3 standards, assessments, and curricula; (iii) coordinating family engagement and support services; and (iv) encouraging the shared use of facilities and transportation, as appropriate; (J) how the State early learning and development standards described under section 115(1) will address the needs of dual language learners, including by incorporating benchmarks related to English language development; (K) the process by which the State will identify barriers in the State, and propose solutions to overcome such barriers (which may include seeking assistance under section 125), to effectively use and integrate Federal, State, and local public funds and private funds for early childhood education that are available to the State on the date on which the application is submitted; (L) the State’s plan to support articulation agreements among public 2-year and public 4-year institutions of higher education and other credit-bearing professional development entities in the State for early childhood teacher preparation programs and closely related fields; (M) an inventory of the State’s higher education programs that prepare individuals for work in a high-quality prekindergarten program, including— (i) certification programs; (ii) associate degree programs; (iii) baccalaureate degree programs; (iv) master's degree programs; and (v) other programs that lead to a specialization in early childhood education, or a closely related field; (N) the State’s plan for ensuring that the higher education programs in the State have the capacity to prepare a workforce to provide high-quality prekindergarten programs; (O) the State’s plan for supporting workforce development, including State and local policies that support prekindergarten instructional staff’s ability to earn a degree, certification, or other specializations or qualifications, including policies on leave, substitutes, and child care services, including nontraditional hour child care; (P) the State’s plan for holding eligible local entities accountable for use of funds; (Q) the State’s process to ensure that the State's early learning and development standards are integrated into the instructional and programmatic practices of high-quality prekindergarten programs and related programs and services, such as those provided to children under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (R) if the State funds full-day kindergarten programs, but such full-day kindergarten programs are not available to all children who are eligible to attend such programs in the State, how the State plans to increase the number of children in the State who are enrolled in full-day kindergarten programs and to provide a strategy to implement such a plan; (S) if the State does not fund full-day kindergarten programs, a description of how the State plans to establish such programs to strengthen the educational continuum for children who will be involved in the State’s high-quality prekindergarten program supported through grants authorized under this subtitle; (T) how the State will encourage eligible local entities to coordinate with community-based learning resources, if available, such as libraries, arts and arts education programs, appropriate media programs, family literacy programs, public parks and recreation programs, museums, nutrition education programs, and programs supported by the Corporation for National and Community Service; (U) how the State will work with eligible local entities, in consultation with elementary school principals, to ensure that high-quality prekindergarten programs have sufficient and appropriate facilities to meet the needs of children eligible for prekindergarten; (V) how the State will support local early childhood coordinating entities, such as local early childhood councils and entities administering shared services networks or models, if applicable, and help such entities to coordinate early childhood education programs with high-quality prekindergarten programs to ensure effective and efficient delivery of early childhood education program services; (W) how the State will ensure that the provision of high-quality prekindergarten programs will not lead to a diminution in the quality or supply of services for infants and toddlers or disrupt the care of infants and toddlers in the geographic area served by the eligible local entity, which may include demonstrating that the State will direct funds to provide high-quality early childhood education and care to infants and toddlers in accordance with section 117(d); (X) how the State will ensure that all high-quality prekindergarten programs the State supports under this Act will conduct criminal history background checks on employees and applicants for employment with direct access to children; and (Y) how the State will provide technical assistance in rural communities to address unique barriers to the implementation of high-quality prekindergarten programs in rural areas. (b) Criminal history background checks (1) In general The criminal history background checks required under subsection (a)(2)(Y) shall include— (A) a search of the State criminal registry or repository in the State in which the employee resides and previously resided; (B) a search of the State-based child abuse and neglect registries and databases in the State in which the employee resides and previously resided; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16919 (2) Prohibition of employment To be eligible to receive a grant under this subtitle, a State shall prohibit an individual with direct access to children from employment with a program supported with grant funds under this subtitle if the individual has been convicted of a violent felony or any violent or sexual crime against a minor, as defined by the State. (3) Updated checks The criminal history background check that employees undergo as required under subsection (a)(2)(Y) shall be periodically repeated or updated in accordance with State law. (4) Appeal process To be eligible to receive a grant under this subtitle, a State shall provide an individual with a timely process by which to— (A) appeal the results of a criminal history background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check; and (B) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. (c) Development of application In developing an application for a grant under this subtitle, a State shall consult with the State Advisory Council on Early Childhood Education and Care and incorporate such Council’s recommendations, where applicable. (d) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school employees, school district employees, and the employees of early childhood education programs under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 117. State use of funds (a) Reservation for quality improvement activities (1) In general A State that receives a grant under this subtitle may reserve, for not more than the first 4 years such State receives such a grant, not more than 20 percent of the grant funds for quality improvement activities that support the elements of high-quality prekindergarten programs or the activities described in section 116(a)(2). Such quality improvement activities may include— (A) supporting teachers, principals, and center directors, in a State’s high-quality prekindergarten program, licensed or regulated child care, or Head Start programs to enable such teachers or directors to earn a baccalaureate degree in early childhood education, or a closely related field, through activities which may include expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for such teachers; (B) providing ongoing professional development opportunities, including regular in-class observation by individuals trained in observation and evidence-based coaching or mentoring, for such teachers, directors, and principals, if applicable, and teacher assistants to enable such teachers, directors, and principals, if applicable, and teacher assistants to carry out the elements of high-quality prekindergarten programs, which may include activities that address— (i) promoting children’s development across all of the essential domains of early learning and development; (ii) developmentally appropriate curricula and teacher-child interaction; (iii) effective family engagement; (iv) providing culturally competent instruction; (v) working with a diversity of children and families, including children with special needs and dual language learners; (vi) childhood nutrition and physical education programs; (vii) social and emotional development; and (viii) incorporating age-appropriate strategies of positive behavioral interventions and supports; and (C) providing families with increased opportunities to learn how best to support their children’s physical, cognitive, social, and emotional development during the first 5 years of life. (2) Not subject to matching The amount reserved under paragraph (1) shall not be subject to the matching requirements under section 119. (3) Coordination A State that reserves an amount under paragraph (1) shall coordinate the use of such amount with activities funded under section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858e 42 U.S.C. 9831 et seq. (4) Construction A State may not use funds reserved under this subsection to meet the requirement described in section 112(9)(G). (b) Subgrants for high-quality prekindergarten programs A State that receives a grant under this subtitle shall award subgrants of sufficient size to eligible local entities to enable such eligible local entities to implement high-quality prekindergarten programs for children described in section 112(9)(A) who reside within the State and are from families with incomes at or below 200 percent of the poverty line. (c) Administration A State that receives a grant under this subtitle may reserve not more than 1 percent of the grant funds for administration of the grant, and may use part of that reservation for the maintenance of the State Advisory Council on Early Childhood Education and Care. (d) Early childhood education and care programs for infants and toddlers (1) Use of allotment for infants and toddlers An eligible State may apply to use, and the appropriate Secretary may grant permission for the State to use, not more than 15 percent of the funds made available through a grant received under this subtitle to award subgrants to early childhood education programs to provide high-quality early childhood education and care, consistent with the State’s early learning and development guidelines for infants and toddlers, to infants and toddlers who reside within the State and are from families with incomes at or below 200 percent of the poverty line. (2) Application To be eligible to use the grant funds as described in paragraph (1), the State shall submit an application to the appropriate Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall, at a minimum, include a description of how the State will— (A) designate a lead agency which shall administer such funds; (B) ensure that such lead agency, in coordination with the State Advisory Council on Early Childhood Education and Care, will collaborate with other agencies in administering programs supported under this subsection for infants and toddlers in order to obtain input about the appropriate use of such funds and ensure coordination with programs for infants and toddlers funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. Public Law 111–5 42 U.S.C. 711 20 U.S.C. 1431 et seq. (C) ensure that infants and toddlers who benefit from amounts made available under this subsection will transition to and have the opportunity to participate in a high-quality prekindergarten program supported under this subtitle; (D) in awarding subgrants, give preference to early childhood education programs that have a plan to increase services to children with special needs, including children with developmental delays or disabilities, children who are dual language learners, homeless children, children who are in foster care, children of migrant families, children eligible for nutrition assistance under the United States Department of Agriculture’s Food and Nutrition Service, or children in the child welfare system; and (E) give priority to activities carried out under this subsection that will increase access to high-quality early childhood education programs for infants and toddlers in local areas with significant concentrations of low-income families that do not currently benefit from such programs. (3) Eligible providers A State may use the grant funds as described in paragraph (1) to serve infants and toddlers only by working with early childhood education program providers that— (A) offer full-day, full-year care, or otherwise meet the needs of working families; and (B) meet high-quality standards, such as— (i) Early Head Start program performance standards under the Head Start Act (42 U.S.C. 9831 et seq.); or (ii) high-quality, demonstrated, valid, and reliable program standards that have been established through a national entity that accredits early childhood education programs. (4) Federal administration (A) In general The Secretary of Education shall bear responsibility for obligating and disbursing funds to support activities under this subsection and ensuring compliance with applicable laws and administrative requirements, subject to subparagraph (B). (B) Interagency agreement The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such Secretaries shall set forth in an interagency agreement. The Secretary of Health and Human Services shall be responsible for any final approval of a State's application under this subsection that addresses the use of funds designated for services to infants and toddlers. (C) Appropriate secretary In this subsection, the term appropriate Secretary 118. Performance measures and targets (a) In general A State that receives a grant under this subtitle shall develop, implement, and make publicly available performance measures and targets for the activities carried out with grant funds. Such measures shall, at a minimum, track the State’s progress in— (1) increasing school readiness across all domains for all categories of children described in section 122(b)(7), including children with disabilities and dual language learners; (2) narrowing school readiness gaps between minority and nonminority children, and low-income children and more advantaged children, in preparation for kindergarten entry; (3) increasing developmental screening and appropriate referral under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.) to identify children early who are eligible for services under such Act; (4) increasing the number of programs meeting the criteria for high-quality prekindergarten programs across all types of eligible local entities, as defined by the State and in accordance with section 112; (5) decreasing the need for grade-to-grade retention in elementary school; (6) if applicable, ensuring that high-quality prekindergarten programs do not experience instances of chronic absence among the children who participate in such programs; (7) increasing the number and percentage of low-income children in high-quality early childhood education programs that receive financial support through funds provided under this subtitle; and (8) providing high-quality nutrition services, nutrition education, physical activity, and obesity prevention programs. (b) Prohibition of misdiagnosis practices A State shall not, in order to meet the performance measures and targets described in subsection (a), engage in practices or policies that will lead to the misdiagnosis or under-diagnosis of disabilities or developmental delays among children who are served through programs supported under this subtitle. 119. Matching requirements (a) Matching funds (1) In general Except as provided in paragraph (2), a State that receives a grant under this subtitle shall provide matching funds from non-Federal sources, as described in subsection (c), in an amount equal to— (A) 10 percent of the Federal funds provided under the grant in the first year of grant administration; (B) 10 percent of the Federal funds provided under the grant in the second year of grant administration; (C) 20 percent of the Federal funds provided under the grant in the third year of grant administration; (D) 30 percent of the Federal funds provided under the grant in the fourth year of grant administration; (E) 40 percent of the Federal funds provided under the grant in the fifth year of grant administration; (F) 50 percent of the Federal funds provided under the grant in the sixth year of grant administration; (G) 75 percent of the Federal funds provided under the grant in the seventh year of grant administration; and (H) 100 percent of the Federal funds provided under the grant in the eighth and all following years of grant administration. (2) Reduced match rate A State that meets the requirements under subsection (b) may provide matching funds from non-Federal sources at a reduced rate. The full reduced matching funds rate shall be in an amount equal to— (A) 5 percent of the Federal funds provided under the grant in the first year of grant administration; (B) 5 percent of the Federal funds provided under the grant in the second year of grant administration; (C) 10 percent of the Federal funds provided under the grant in the third year of grant administration; (D) 20 percent of the Federal funds provided under the grant in the fourth year of grant administration; (E) 30 percent of the Federal funds provided under the grant in the fifth year of grant administration; (F) 40 percent of the Federal funds provided under the grant in the sixth year of grant administration; (G) 50 percent of the Federal funds provided under the grant in the seventh year of grant administration; (H) 75 percent of the Federal funds provided under the grant in the eighth year of grant administration; and (I) 100 percent of the Federal funds provided under the grant in the ninth and following years of the grant administration. (b) Reduced match rate eligibility A State that receives a grant under this subtitle may provide matching funds from non-Federal sources at the full reduced rate under subsection (a)(2) if the State, across all publicly funded programs (including locally funded programs)— (1) (A) offers enrollment in high-quality prekindergarten programs to not less than half of children in the State who are— (i) age 4 on the eligibility determination date; and (ii) from families with incomes at or below 200 percent of the poverty line; and (B) has a plan for continuing to expand access to high-quality prekindergarten programs for such children in the State; and (2) has a plan to expand access to high-quality prekindergarten programs to children from moderate income families with incomes above 200 percent of the poverty line. (c) Non-Federal Resources (1) In general A State shall provide the matching funds under this section from non-Federal resources, which may include State funding, local funding, or contributions from philanthropy or other private sources, or a combination of such sources. (2) Funds to be considered as matching funds A State may include, as part of the State's matching funds under this section, not more than 10 percent of the amount of State or local funds designated for State or local public prekindergarten programs or to supplement Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.) as of the date of enactment of this Act, but may not include any funds that are attributed as matching funds, as part of a non-Federal share, or as a maintenance of effort requirement, for any other Federal program. (d) Maintenance of Effort (1) In general If a State reduces its combined fiscal effort per student or the aggregate expenditures within the State to support early childhood education programs for any fiscal year that a State receives a grant authorized under this subtitle relative to the previous fiscal year, the Secretary shall reduce support for such State under this subtitle by the same amount as the decline in State and local effort for such fiscal year. (2) Waiver The Secretary may waive the requirements of paragraph (1) if the Secretary determines that a waiver would be appropriate— (A) due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State services, including early childhood education programs; or (B) due to the circumstances of a State requiring reductions in specific programs, including early childhood education, if the State presents to the Secretary a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action. (e) Supplement not supplant Grant funds received under this title shall be used to supplement and not supplant other Federal, State, and local public funds expended on public prekindergarten programs in the State. 120. Eligible local entity applications (a) In general An eligible local entity desiring to receive a subgrant under section 117(b) shall submit an application to the State, at such time, in such manner, and containing such information as the State may reasonably require. (b) Contents Each application submitted under subsection (a) shall include the following: (1) Parent and family engagement A description of how the eligible local entity plans to engage the parents and families of the children such entity serves and ensure that parents and families of eligible children, as described in clauses (i) and (ii) of section 116(a)(2)(A), are aware of the services provided by the eligible local entity, which shall include a plan to— (A) carry out meaningful parent and family engagement, through the implementation and replication of evidence-based or promising practices and strategies, which shall be coordinated with parent and family engagement strategies supported under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and part A of title I and title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (i) provide parents and family members with the skills and opportunities necessary to become engaged and effective partners in their child’s education, particularly the families of dual language learners and children with disabilities, which may include access to family literacy services; (ii) improve child development; and (iii) strengthen relationships among prekindergarten staff and parents and family members; and (B) participate in community outreach to encourage families with eligible children to participate in the eligible local entity's high-quality prekindergarten program, including— (i) homeless children; (ii) dual language learners; (iii) children in foster care; (iv) children with disabilities; and (v) migrant children. (2) Coordination & alignment A description of how the eligible local entity will— (A) coordinate, if applicable, the eligible local entity's activities with— (i) Head Start agencies (consistent with section 642(e)(5) of the Head Start Act (42 U.S.C. 9837(e)(5)), if the local entity is not a Head Start agency; (ii) local educational agencies, if the local entity is not a local educational agency; (iii) providers of services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); (iv) programs carried out under section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1419); and (v) if feasible, other entities carrying out early childhood education programs and services within the area served by the local educational agency; (B) develop a process with local elementary schools to promote continuity of developmentally appropriate instructional programs and shared expectations for children’s learning and development as children transition to kindergarten; (C) organize, if feasible, and participate in joint training, when available, including transition-related training for school staff and early childhood education program staff; (D) establish comprehensive transition policies and procedures with elementary school principals, as applicable, for children served by the eligible local entity that support the school readiness of children transitioning to kindergarten, including the transfer of early childhood education program records with parental consent; (E) conduct outreach to parents, families, and elementary school teachers and principals to discuss the educational, developmental, and other needs of children entering kindergarten; (F) help parents, including parents of children who are dual language learners, understand and engage with the instructional and other services provided by the kindergarten in which such child will enroll after participation in a high-quality prekindergarten program; and (G) develop and implement a system to increase program participation of underserved populations of eligible children, especially homeless children, children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (3) Protections for special populations A description of how the eligible local entity will meet the diverse needs of children in the community to be served, including children with disabilities, children whose native language is not English, children with other special needs, children in the State foster care system, and homeless children. Such description shall demonstrate, at a minimum, how the entity plans to— (A) ensure the eligible local entity's high-quality prekindergarten program is accessible and appropriate for children with disabilities and dual language learners; (B) establish effective procedures for providing early developmental screening and appropriate referral to local agencies responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (C) establish effective procedures for timely referral of children with disabilities to the State or local agency described in subparagraph (B); (D) ensure that the eligible local entity’s high-quality prekindergarten program works with appropriate entities to address the elimination of barriers to immediate and continuous enrollment for homeless children; and (E) ensure access to and continuity of enrollment in high-quality prekindergarten programs for migratory children, as defined under section 1309 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6399 (i) outreach to identify migratory and homeless children; (ii) immediate enrollment, including enrollment during the period of time when documents typically required for enrollment, including health and immunization records, proof of eligibility, and other documents, are obtained; (iii) continuous enrollment and participation in the same high-quality prekindergarten program for a child, even if the child moves out of the program’s service area, if that enrollment and participation are in the child’s best interest, including by providing transportation when necessary; (iv) professional development for high-quality prekindergarten program staff regarding migratory children and homelessness among families with young children; and (v) in serving homeless children, collaboration with local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) (4) Comprehensive services A description of how the eligible local entity plans to provide comprehensive services, as described in section 112(9)(I), to the children the eligible local entity serves. Such description shall provide information on how the entity will— (A) use a recently conducted data-driven assessment or conduct a data-driven community assessment in coordination with members of the community, including parents and community organizations, which— (i) may involve an external partner with expertise in conducting such needs analysis, to determine the most appropriate social or other support services to offer through the eligible local entity's on-site comprehensive services to children who participate in high-quality prekindergarten programs; and (ii) shall consider the resources available at the school, local educational agency, and community levels to address the needs of the community and improve child outcomes; and (B) have a coordinated system to facilitate the screening, referral, and provision of services related to health, nutrition, mental health, disability, and family support for children served by the eligible local entity. (5) Workforce A description of how the eligible local entity plans to support the instructional staff of such entity's high-quality prekindergarten program, which shall, at a minimum, include a plan to provide high-quality professional development, or facilitate the provision of high-quality professional development through an outside partner with expertise and a demonstrated track record of success, based on scientifically valid research, that will improve the knowledge and skills of high-quality prekindergarten teachers and staff through activities, which may include— (A) acquiring content knowledge and learning teaching strategies needed to provide effective instruction that addresses the State’s early learning and development standards described under section 115(1), including professional training to support the social and emotional development of children; (B) enabling high-quality prekindergarten teachers and staff to pursue specialized training in early childhood development; (C) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of dual language learners; (D) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide developmentally appropriate instruction for children with disabilities; (E) promoting classroom management; (F) providing high-quality induction and support for incoming teachers and staff serving high-quality prekindergarten programs, including through the use of mentoring programs and coaching that have a demonstrated track record of success; (G) promoting the acquisition of relevant credentials, including in ways that support career advancement through career ladders; and (H) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide culturally competent instruction for children from diverse backgrounds. 121. Required subgrant activities (a) In general (1) In general An eligible local entity that receives a subgrant under section 117(b) shall use the subgrant funds to implement the elements of a high-quality prekindergarten program for the children described in section 117(b). (2) Teacher qualifications (A) New prekindergarten teachers Each eligible local entity that receives a subgrant under section 117(b) shall ensure that all prekindergarten teachers hired after the date of receipt of such subgrant and working in a program supported with funds under such subgrant meet the requirements in section 112(9)(B). (B) Existing prekindergarten teachers Each eligible local entity that receives a subgrant under section 117(b) shall ensure that all prekindergarten teachers hired before the date of receipt of such subgrant and working in a program supported with funds under such subgrant meet the requirements in section 112(9)(B) not later than 3 years after the date of enactment of this Act. (b) Coordination (1) Local educational agency partnerships with local early childhood education programs A local educational agency that receives a subgrant under this subtitle shall provide an assurance that the local educational agency will enter into strong partnerships with local early childhood education programs, including programs supported through the Head Start Act (42 U.S.C. 9831 et seq.). (2) Eligible local entities that are not local educational agencies An eligible local entity that is not a local educational agency that receives a subgrant under this subtitle shall provide an assurance that such entity will enter into strong partnerships with local educational agencies. 122. Report and evaluation (a) In general Each State that receives a grant under this subtitle shall prepare an annual report, in such manner and containing such information as the Secretary may reasonably require. (b) Contents A report prepared under subsection (a) shall contain, at a minimum— (1) a description of the manner in which the State has used the funds made available through the grant and a report of the expenditures made with the funds; (2) a summary of the State’s progress toward providing access to high-quality prekindergarten programs for children eligible for such services, as determined by the State, from families with incomes at or below 200 percent of the poverty line, including the percentage of funds spent on children from families with incomes— (A) at or below 100 percent of the poverty line; (B) above 100 percent and at or below 150 percent of the poverty line; and (C) above 150 percent and at or below 200 percent of the poverty line; (3) an evaluation of the State’s progress toward achieving the State’s performance targets, described in section 118; (4) data on the number of high-quality prekindergarten program teachers and staff in the State who received training or education during the period of the grant and remained in the early childhood education program field, including teacher turnover rates and teacher compensation levels compared to teachers in elementary schools and secondary schools, according to the setting in which such teachers and staff work (which settings shall include, at a minimum, Head Start programs, public prekindergarten, and child care programs); (5) data on the kindergarten readiness of children in the State; (6) a description of the State’s progress in effectively using Federal, State, and local public funds and private funds for early childhood education; (7) the number and percentage of children in the State participating in high-quality prekindergarten programs, disaggregated by race, ethnicity, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners; (8) data on the availability, affordability, and quality of infant and toddler care in the State; (9) the local educational agency and zip code in which each eligible local entity that receives a subgrant operates; (10) information, for each of the local educational agencies described in paragraph (9), on the percentage of the costs of the public early childhood education programs that is funded from Federal, from State, and from local sources, including the percentages from specific funding programs; (11) data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners, with information on whether such programs are offered— (A) for a full day; and (B) at no cost to families; (12) data on the number of individuals in the State who are supported with scholarships, if applicable, to meet the baccalaureate degree requirement for high-quality prekindergarten programs, as defined in section 112; and (13) if applicable, data on the rates of expulsion, suspension, and similar disciplinary action, of children in the State participating in high-quality prekindergarten programs, disaggregated by race, ethnicity, family income, child age, and disability. (c) Submission A State shall submit the annual report prepared under subsection (a), at the end of each fiscal year, to the Secretary, the Secretary of Health and Human Services, and the State Advisory Council on Early Childhood Education and Care. (d) Cooperation An eligible local entity that receives a subgrant under this subtitle shall cooperate with all Federal and State efforts to evaluate the effectiveness of the program the entity implements with subgrant funds. (e) National report The Secretary shall compile and summarize the annual State reports described under subsection (c) and shall prepare and submit an annual report to Congress that includes a summary of such State reports. 123. Prohibition of required participation or use of funds for assessments (a) Prohibition on required participation A State receiving a grant under this subtitle shall not require any child to participate in any Federal, State, local, or private early childhood education program, including a high-quality prekindergarten program. (b) Prohibition on use of funds for assessment A State receiving a grant under this subtitle and an eligible local entity receiving a subgrant under this subtitle shall not use any grant or subgrant funds to carry out any of the following activities: (1) An assessment that provides rewards or sanctions for individual children or teachers. (2) An assessment that is used as the primary or sole method for assessing program effectiveness. (3) Evaluating children, other than for the purposes of— (A) improving instruction or the classroom environment; (B) targeting professional development; (C) determining the need for health, mental health, disability, or family support services; (D) program evaluation for the purposes of program improvement and parent information; and (E) improving parent and family engagement. 124. Coordination with Head Start programs (a) Increased access for younger children Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services shall develop a process for use in the event that Head Start programs funded under the Head Start Act (42 U.S.C. 9831 et seq.) operate in States or regions that have achieved sustained universal, voluntary access to 4-year old children who reside within the State and who are from families with incomes at or below 200 percent of the poverty line, to high-quality prekindergarten programs and how such Head Start programs will begin converting slots for children who are age 4 on the eligibility determination date to children who are age 3 on the eligibility determination date, or, when appropriate, converting Head Start Programs into Early Head Start programs to serve infants and toddlers. (b) Community need and resources The process described in subsection (a) shall— (1) be carried out on a case-by-case basis and shall ensure that sufficient resources and time are allocated for the development of such a process so that no child or cohort is excluded from currently available services; and (2) ensure that any conversion shall be based on community need and not on the aggregate number of children served in a State or region that has achieved sustained, universal, voluntary access to high-quality prekindergarten programs. (c) Public comment and notice Not fewer than 90 days after the development of the proposed process described in subsection (a), the Secretary and the Secretary of Health and Human Services shall publish a notice describing such proposed process for conversion in the Federal Register providing at least 90 days for public comment. The Secretaries shall review and consider public comments prior to finalizing the process for conversion of Head Start slots and programs. (d) Reports to congress Concurrently with publishing a notice in the Federal Register as described in subsection (c), the Secretaries shall provide a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that provides a detailed description of the proposed process described in subsection (a), including a description of the degree to which Head Start programs are providing State-funded high-quality prekindergarten programs as a result of the grant opportunity provided under this subtitle in States where Head Start programs are eligible for conversion described in subsection (a). 125. Technical assistance in program administration In providing technical assistance to carry out activities under this title, the Secretary shall coordinate that technical assistance, in appropriate cases, with technical assistance provided by the Secretary of Health and Human Services to carry out the programs authorized under the Head Start Act ( 42 U.S.C. 9831 et seq. 42 U.S.C. 9858 et seq. 42 U.S.C. 711 126. Rule of construction Nothing in this Act shall be construed to permit discrimination on the basis of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. 127. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle— (1) $1,300,000,000 for fiscal year 2015; (2) $3,250,000,000 for fiscal year 2016; (3) $5,780,000,000 for fiscal year 2017; (4) $7,580,000,000 for fiscal year 2018; (5) $8,960,000,000 for fiscal year 2019; and (6) such sums as may be necessary for each of fiscal years 2020 through 2023. B Prekindergarten development grants 151. Prekindergarten development grants (a) In general The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall award competitive grants to States, local educational agencies, or other local government entities that wish to increase their capacity and build the infrastructure within the State to offer high-quality prekindergarten programs. (b) Eligibility of states A State that is not receiving funds under section 115 may compete for grant funds under this subtitle if the State provides an assurance that the State will, through the support of grant funds awarded under this subtitle, meet the eligibility requirements of section 115 not later than 3 years after the date the State first receives grant funds under this subtitle. (c) Grant duration The Secretary shall award grants under this subtitle for a period of not more than 3 years. Such grants shall not be renewed. (d) Application (1) In general A Governor, or chief executive officer of a State, a local educational agency, or another local government entity that desires to receive a grant under this subtitle shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including, if applicable, a description of how the State plans to become eligible for grants under section 115 by not later than 3 years after the date the State first receives grant funds under this subtitle. (2) Development of State application In developing an application for a grant under this subtitle, a State shall consult with the State Advisory Council on Early Childhood Education and Care and incorporate their recommendations, where applicable. (e) Matching requirement (1) In general To be eligible to receive a grant under this subtitle, a State, local educational agency, or other local government entity shall contribute for the activities for which the grant was awarded non-Federal matching funds in an amount equal to not less than 20 percent of the amount of the grant. (2) Non-Federal funds To satisfy the requirement of paragraph (1), a State, local educational agency, or other local government entity may use— (A) non-Federal resources in the form of State funding, local funding, or contributions from philanthropy or other private sources, or a combination of such resources; or (B) in-kind contributions. (3) Financial hardship waiver The Secretary may waive paragraph (1) or reduce the amount of matching funds required under that paragraph for a State, local educational agency, or other local government entity that has submitted an application for a grant under this subsection if the State, local educational agency, or other local government entity demonstrates, in the application, a need for such a waiver or reduction due to extreme financial hardship, as determined by the Secretary. (f) Subgrants (1) In general A State, local educational agency, or other local government entity awarded a grant under this subtitle may use the grant funds to award subgrants to eligible local entities, as defined in section 112, to carry out the activities under the grant. (2) Subgrantees An eligible local entity awarded a subgrant under paragraph (1) shall comply with the requirements of this subtitle relating to grantees, as appropriate. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $750,000,000 for fiscal year 2015; and (2) such sums as may be necessary for each of fiscal years 2016 through 2024. II Learning quality partnerships 201. Purposes The purposes of this title are to— (1) increase the availability of, and access to, high-quality early childhood education and care programming for infants and toddlers; (2) support a higher quality of, and increase capacity for, that programming in both child care centers and family child care homes; and (3) encourage the provision of comprehensive, coordinated full-day services and supports for infants and toddlers. 202. Early learning quality partnerships The Head Start Act is amended— (1) section 645A(e) ( 42 U.S.C. 9840a(e) (e) Selection of grant recipients The Secretary shall award grants under this section on a competitive basis to applicants meeting the criteria in subsection (d) (giving priority to entities with a record of providing early, continuous, and comprehensive childhood development and family services and entities that agree to partner with a center-based or family child care provider to carry out the activities described in section 645B). ; and (2) by inserting after section 645A (42 U.S.C. 9840a) the following: 645B. Early learning quality partnerships (a) In general The Secretary shall make grants to Early Head Start agencies to partner with center-based or family child care providers, particularly those that receive support under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. (b) Selection of grant recipients (1) In general Except as provided in paragraphs (2) and (3), the Secretary shall award grants under this section in a manner consistent with section 645A(e). (2) Competitive priority In awarding grants under this section, the Secretary shall give priority to applicants— (A) that propose to create strong alignment of programs with maternal, infant, and early childhood home visiting programs assisted under section 511 of the Social Security Act ( 42 U.S.C. 711 (B) that seek to work with child care providers across settings, including center-based and home-based programs. (3) Allocation (A) Reservation From funds appropriated to carry out this section, the Secretary shall reserve— (i) not less than 3 percent of such funds for Indian Head Start programs that serve young children; (ii) not less than 4.5 percent for migrant and seasonal Head Start programs that serve young children; and (iii) not less than 0.2 percent for programs funded under clause (iv) or (v) of section 640(a)(2)(B). (B) Allocation among states The Secretary shall allocate funds appropriated to carry out this section and not reserved under subparagraph (A), through grants to Early Head Start agencies, among the States proportionally based on the number of young children from families whose income is below the poverty line residing in such States. (C) Reallocation After allocating funds made available under this section in a manner consistent with the purposes and requirements of this section, the Secretary may use any unallocated funds for unfunded, high-quality partnership applications in other States or to expand Early Head Start slots in communities without center-based or family child care providers with which to partner. (c) Eligibility of children (1) In general Partnerships formed through assistance provided under this section may serve children through age 3. (2) Standards The standards applied to children served under this section shall be consistent with those applied to children through age 3 who are otherwise served under this Act. (3) Minimum duration Children determined eligible and subsequently served under this section shall be deemed eligible for the full complement of services provided under the partnership through the end of the succeeding program year, consistent with section 645(a)(1)(B)(v). (d) Partnerships An Early Head Start agency that receives a grant under this section shall— (1) develop and implement a proposal to recruit and enter into the contract with a center-based or family child care provider, particularly a provider that serves children who receive assistance under the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.); (2) enter into a contractual relationship with a center-based or family child care provider to raise the quality of such provider’s programs so that the provider meets the program performance standards described in subsection (a) through activities that may include— (A) expanding the center-based or family child care provider’s programs through financial support or the addition of Early Head Start slots in the child care provider’s setting; (B) providing training, technical assistance, and support to the provider in order to help the provider meet the program performance standards, which may include supporting program and partner staff in earning a child development associate credential, associate's degree, or baccalaureate degree in early childhood education or a closely related field for working with infants and toddlers; and (C) blending funds received under the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.) or other sources of child care support with the Early Head Start program carried out under section 645A in order to provide high-quality child care, for a full day, that meets the program performance standards; (3) create a clear and realizable timeline to increase the quality and capacity of a center-based or family child care provider so that the provider meets the program performance standards described in subsection (a); and (4) align activities and services provided through funding under this section with the Head Start Child Outcomes Framework. (e) Standards Prior to awarding grants under this section, the Secretary shall establish standards to ensure that the responsibility and expectations of the Early Head Start Agency and the partner child care providers are clearly defined. (f) Designation renewal A partner child care provider that receives assistance through a grant provided under this section shall be exempt, for a period of 18 months (from the start of the provision of services under the grant), from the designation renewal requirements under section 641(c). (g) Survey of early head start agencies and report to Congress Not later than 1 year after the date of enactment of the Strong Start for America’s Children Act (1) conduct a survey of Early Head Start agencies to determine the extent of barriers to entering into early learning quality partnership agreements under this section on Early Head Start agencies and on child care providers; and (2) submit information obtained from the survey conducted under paragraph (1), with suggested steps to overcome such barriers, in a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, including a detailed description of the degree to which Early Head Start agencies are utilizing the funds provided. (h) Monitoring The Secretary shall establish and ensure monitoring that is sensitive and appropriate to the model used for partnerships administered under this section. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $4,000,000,000 for fiscal year 2015; and (2) such sums as may be necessary for each of fiscal years 2016 through 2024. . III Maternal, Infant, and Early Childhood Home Visiting program 301. Sense of Senate It is the sense of the Senate that— (1) from the prenatal period to the first day of kindergarten, children’s development rapidly progresses at a pace exceeding that of any subsequent stage of life; (2) as reported by the National Academy of Sciences in 2001, striking disparities exist in what children know and can do that are evident well before they enter kindergarten; these differences are strongly associated with social and economic circumstances, and they are predictive of subsequent academic performance; (3) research has consistently demonstrated that investments in high-quality programs that serve infants and toddlers better positions those children for success in elementary, secondary, and postsecondary education as well as helping children develop the critical physical, emotional, social, and cognitive skills that they will need for the rest of their lives; (4) in 2011, there were 11,000,000 infants and toddlers living in the United States and 49 percent of these children came from low-income families living with incomes at or below 200 percent of the Federal poverty guidelines; (5) the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program was authorized by Congress to facilitate collaboration and partnership at the Federal, State, and community levels to improve health and development outcomes for at-risk children, including those from low-income families, through evidence-based home visiting programs; (6) MIECHV is an evidence-based policy initiative and its authorizing legislation requires that at least 75 percent of funds dedicated to the program must support programs to implement evidence-based home visiting models, which includes the home-based model of Early Head Start; and (7) Congress should continue to provide resources to MIECHV to support the work of States to help at-risk families voluntarily receive home visits from nurses and social workers to— (A) promote maternal, infant, and child health; (B) improve school readiness and achievement; (C) prevent potential child abuse or neglect and injuries; (D) support family economic self-sufficiency; (E) reduce crime or domestic violence; and (F) improve coordination or referrals for community resources and supports. June 10, 2014 Read twice and placed on the calendar
Strong Start for America's Children Act
Social Security Overpayments Fairness Act of 2014 - Reinstates the 10-year statute of limitations period applicable to the collection of amounts paid to Social Security beneficiaries by administrative offset. (This former statute of limitations was repealed effective May 22, 2008.) Amends title II (Old Age, Survivors and Disabillity Insurance) (OASDI) of the Social Security Act (SSA), with respect to overpayments under OASDI or SSA title XVI (Supplementary Security Income for the Aged, Blind, and Disabled) (SSI), to prevent the recovery of any such overpayments made to or on behalf of individuals under age 18 by shielding such individuals from liability for the repayment of such amounts.
To reinstate the 10-year statute of limitations period applicable to collection of amounts paid to Social Security beneficiaries by administrative offset, and prevent recovery of overpayments from individuals under 18 years of age. 1. Short title This Act may be cited as the Social Security Overpayments Fairness Act of 2014 2. Statute of limitation on recovery by administrative offset for amounts paid to Social Security beneficiaries (a) In general Paragraph (2) of section 3716(e) (2) This section does not apply— (A) to a claim under this subchapter relating to any payments made to an individual under title II or title XVI of the Social Security Act that has been outstanding for more than 10 years; or (B) when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved. . (b) Effective date The amendment made by subsection (a) shall apply to any debt outstanding on or after the date of the enactment of this Act. 3. Elimination of recovery of overpayments made to or on behalf of a minor (a) In general Section 204(a) of the Social Security Act ( 42 U.S.C. 404(a) (3) Notwithstanding any other provision of this section, in the case of any payment under this title or title XVI of more than the correct amount that is made to or on behalf of an individual who has not attained 18 years of age at the time of such payment, such individual shall not be liable for the repayment of the amount of such payment in excess of the correct amount. . (b) Conforming amendments (1) Cross-program recovery of overpayments Subsection (a) of the undesignated section following section 1146 of the Social Security Act (42 U.S.C. 1320b–17) is amended by striking Subject to subsection (b) Subject to section 204(a)(3) and subsection (b) (2) Overpayment of disability benefits Section 1631(b)(1)(A) of the Social Security Act ( 42 U.S.C. 1383(b)(1)(A) Whenever Subject to section 204(a)(3), whenever (c) Effective date The amendments made by this section shall apply to payments made on or after the date of the enactment of this Act.
Social Security Overpayments Fairness Act of 2014
Satellite Television Access Reauthorization Act of 2014 - Amends federal copyright law, as amended by the Satellite Television Extension and Localism Act of 2010 (STELA), to extend until December 31, 2019, the statutory license under which satellite carriers retransmit distant television broadcast stations to viewers who are unable to receive signals for such stations in their local market. (Currently, the statutory licensing authority for such satellite retransmissions is scheduled to expire on December 31, 2014.) Expands the local service area for cable retransmissions of low power television stations.
To amend title 17, United States Code, to extend expiring provisions of the Satellite Television Extension and Localism Act of 2010. 1. Short title This Act may be cited as the Satellite Television Access Reauthorization Act of 2014 2. Reauthorization Chapter 1 (1) in section 111(d)(3)— (A) in the matter preceding subparagraph (A), by striking clause paragraph (B) in subparagraph (B), by striking clause paragraph (2) in section 119— (A) in subsection (a)(6)(E), in the undesignated matter following clause (iii), by striking clause (i) subparagraph (B)(i) (B) in subsection (c)(1)(E), by striking 2014 2019 (C) in subsection (e), by striking 2014 2019 (D) in subsection (g)(7)(C), by inserting the Communications 3. Termination of license (a) In general Section 119 (h) Termination of license This section shall cease to be effective on December 31, 2019. . (b) Conforming amendment Section 107(a) of the Satellite Television Extension and Localism Act of 2010 ( 17 U.S.C. 119 1. Short title This Act may be cited as the Satellite Television Access Reauthorization Act of 2014 2. Reauthorization Chapter 1 (1) in section 111(d)(3)— (A) in the matter preceding subparagraph (A), by striking clause paragraph (B) in subparagraph (B), by striking clause paragraph (2) in section 119— (A) in subsection (a)(6)(E), in the undesignated matter following clause (iii), by striking clause (i) subparagraph (B)(i) (B) in subsection (c)(1)(E), by striking 2014 2019 (C) in subsection (e), by striking 2014 2019 (D) in subsection (g)(7)(C), by inserting the Communications 3. Termination of license (a) In general Section 119 (h) Termination of license This section shall cease to be effective on December 31, 2019. . (b) Conforming amendment Section 107(a) of the Satellite Television Extension and Localism Act of 2010 ( 17 U.S.C. 119 4. Local service area of a primary transmitter Section 111(f)(4) (1) by inserting as defined by the rules and regulations of the Federal Communications Commission, television station, (2) by striking comprises the area within 35 miles of the transmitter site, except that comprises the designated market area, as defined in section 122(j)(2)(C), that encompasses the community of license of such station and any community that is located outside such designated market area that is either wholly or partially within 35 miles of the transmitter site or, (3) by striking the number of miles shall be 20 miles wholly or partially within 20 miles of such transmitter site June 26, 2014 Reported with an amendment
Satellite Television Access Reauthorization Act of 2014
Retirement and Income Security Enhancements (RAISE) Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to entitle divorced spouses to OASDI benefits after 5 (currently 10) years of marriage. Makes the monthly divorced spouse's benefits equal to one-half of the former spouse's primary insurance amount, reduced 10% for each year less than 10 the individual was married to the former spouse. Revises the widow's or widower's insurance benefit for any month to equal the greater of: (1) the primary insurance amount of a deceased individual (as under current law); or (2) in the case of a fully-insured widow or surviving divorced spouse, 75% of the sum of any old-age or disability insurance benefit to which the widow, widower, or surviving divorced spouse is entitled plus the primary insurance amount of the deceased individual. Reduces a widow's or widower's insurance benefits for any month if that individual is also entitled to an old age or disability insurance benefit greater than the widow's or widower's insurance benefit. Sets the benefit in such a case at the level of the primary insurance amount of the deceased individual. Amends SSA title II and the Railroad Retirement Act of 1974 to extend benefits for full-time students up to age 23 (currently age 19) who are enrolled at an educational institution. Amends the Internal Revenue Code to impose an OASDI surtax of: (1) 2% on an employee's income over $400,000 and 2% on the employer, and (2) 4% on an individual's self-employment income over $400,000. Adjusts the $400,0000 threshold each year according to a specified indexing formula. Amends the Railroad Retirement Act of 1974 to apply a similar 2% additional tier 1 tax on railroad employees earning over $400,000 as well as 2% on their railroad employers. Imposes a 4% additional tier 1 tax on representatives of railroad employees earning over $400,000. Specifies a formula to index the $400,000 annually after 2015. Amends SSA title II to: (1) include 2% of the individual's surplus average indexed monthly earnings (AIME) in OASDI primary insurance amounts; and (2) prescribe a formula for computing an individual's surplus AIME that accounts for the total of the individual's additional wages paid in and additional self-employment income credited to the benefit computation year, up to $500,000, indexed after 2015 according to a specified formula.
To enhance Social Security benefits for children, divorced spouses, and widows and widowers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Retirement and Income Security Enhancements (RAISE) Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses. Sec. 3. Extended benefit eligibility for children who are full-time students. Sec. 4. Establishment of payroll surtax for high-income individuals. Sec. 5. Inclusion of surplus earnings in social security benefit formula. 2. Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses (a) Expansion of benefits for divorced spouses (1) Wife's insurance benefits Section 202(b) of the Social Security Act ( 42 U.S.C. 402(b) (A) in paragraph (1)(G), by striking 10 years 5 years (B) by amending paragraph (2) to read as follows: (2) (A) Except as provided in subsections (k)(5) and (q), a wife's insurance benefit for each month shall be equal to— (i) in the case of a wife (as defined in section 216(b)), one-half of the primary insurance amount of her husband for such month; or (ii) in the case of a divorced wife (as defined in section 216(d)), the applicable percentage (as determined under subparagraph (B)) of one-half of the primary insurance amount of her former husband for such month. (B) For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent reduced by 10 percentage points for each year in the period immediately before the date the divorce became effective in which the divorced wife was married to her former husband that is less than 10 years. . (2) Husband's insurance benefits Section 202(c) of the Social Security Act ( 42 U.S.C. 402(c) (A) in paragraph (1)(G), by striking 10 years 5 years (B) by amending paragraph (2) to read as follows: (2) (A) Except as provided in subsections (k)(5) and (q), a husband's insurance benefit for each month shall be equal to— (i) in the case of a husband (as defined in section 216(f)), one-half of the primary insurance amount of his wife for such month; or (ii) in the case of a divorced husband (as defined in section 216(d)), the applicable percentage (as determined under subparagraph (B)) of one-half of the primary insurance amount of his former wife for such month. (B) For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent reduced by 10 percentage points for each year in the period immediately before the date the divorce became effective in which the divorced husband was married to his former wife that is less than 10 years. . (b) Improving social security benefits for widows and widowers in two-Income households (1) Widows Section 202(e) of the Social Security Act 42 U.S.C. 402(e) (A) in paragraph (1)— (i) in subparagraph (B), by inserting and (ii) in subparagraph (C)(iii), by striking and (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit such deceased individual, (B) by striking subparagraph (A) in paragraph (2) and inserting the following: (2) (A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of— (i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or (ii) subject to paragraphs (9) and (10), in the case of a fully-insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. ; (C) in paragraph (5)— (i) in subparagraph (A), by striking paragraph (1)(F) paragraph (1)(E) (ii) in subparagraph (B), by striking paragraph (1)(F)(i) paragraph (1)(E)(i) (D) by adding at the end the following new paragraphs: (9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). (10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— (A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and (B) to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . (2) Widowers Section 202(f) of the Social Security Act (A) in paragraph (1)— (i) in subparagraph (B), by inserting and (ii) in subparagraph (C)(iii), by striking and (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit such deceased individual, (B) by striking subparagraph (A) in paragraph (2) and inserting the following: (2) (A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of— (i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or (ii) subject to paragraphs (9) and (10), in the case of a fully-insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. ; (C) in paragraph (5)— (i) in subparagraph (A), by striking paragraph (1)(F) paragraph (1)(E) (ii) in subparagraph (B), by striking paragraph (1)(F)(i) paragraph (1)(E)(i) (D) by adding at the end the following new paragraphs: (9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). (10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— (A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and (B) to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . (3) Reduction of benefit for individuals entitled to simultaneous benefits Section 202(k)(3) of the Social Security Act ( 42 U.S.C. 402(k)(3) (A) in subparagraph (A), by striking If an individual Except as provided in subparagraph (C), if an individual (B) by adding at the end the following new subparagraph: (C) If an individual is entitled for any month to a widow's or widower's insurance benefit and is also entitled to an old-age or disability insurance benefit for such month that is greater than such widow's or widower's insurance benefit, the reduction described in subparagraph (A), with respect to such widow's or widower's insurance benefit, shall be carried out by substituting an amount equal to the primary insurance amount of the deceased individual referred to in subsection (e)(1) or (f)(1) (as determined for purposes of subsection (e)(2)(A)(i) or (f)(2)(A)(i)) for the amount equal to the old-age or disability insurance benefit of the individual entitled to the widow's or widower's insurance benefit. . (c) Conforming amendments Section 216(d) of the Social Security Act ( 42 U.S.C. 416(d) (1) in paragraph (1), by striking 10 years 5 years (2) in paragraph (2), by striking 10 years 5 years (3) in paragraph (4), by striking 10 years 5 years (4) in paragraph (5), by striking 10 years 5 years (d) Effective date The amendments made by this section shall apply with respect to wife’s insurance benefits, husband’s insurance benefits, widow's insurance benefits, and widower's insurance benefits that are payable for months beginning after December 31, 2014. 3. Extended benefit eligibility for children who are full-time students (a) In general (1) Extension of benefits Section 202(d) of the Social Security Act ( 42 U.S.C. 402(d) (A) in paragraphs (1)(B), (1)(E), (1)(F)(i), (1)(G)(ii), (6)(A), (6)(D), (6)(E)(i), (7)(A), (7)(B), and (7)(D), by striking full-time elementary or secondary school student full-time student (B) in paragraphs (1)(B), (1)(F)(ii), (1)(G)(iii), (6)(A), (6)(D), (6)(E)(ii), and (7)(D), by striking 19 23 (C) in subparagraphs (A), (B), and (D) of paragraph (7), by striking elementary or secondary school educational institution (D) in paragraph (7)(A), by striking schools involved institutions involved (E) in paragraph (7), by amending subparagraph (C) to read as follows: (C) For purposes of this subsection, the term educational institution (i) a school which provides elementary or secondary education as determined under the law of the State or other jurisdiction in which it is located; and (ii) an institution described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ; and (F) in paragraph (7)(D), by striking diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) diploma, degree, or equivalent certificate from an institution described in subparagraph (C)(ii) (2) Effective date The amendments made by this subsection shall apply to child's insurance benefits that are payable for months beginning after December 31, 2014. (b) Temporary exclusion from determination of maximum family benefits Section 203(a) of the Social Security Act ( 42 U.S.C. 403(a) (1) in paragraph (3)— (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: (D) During the period that begins on January 1, 2015, and ends on December 31, 2019, when any of such individuals has attained age 19 and is entitled to monthly benefits as a child who is a full-time student under section 202(d)(1)(B)(i) for any month, the benefit to which he or she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such child were entitled to benefits for such month. ; and (2) in paragraph (6), by inserting (3)(E), (3)(D), (c) Railroad Retirement Act (1) Section 2(d) of the Railroad Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is amended— (A) in clause (iii) of paragraph (1), by striking will be less than nineteen years of age and a full-time elementary or secondary school student will be less than 23 years of age and a full-time student at an educational institution (as defined in section 202(d)(7) of the Social Security Act) (B) in paragraph (4)— (i) by striking elementary or secondary school educational institution (ii) by striking nineteen 23 (iii) by striking a diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(i) of the Social Security Act) a diploma, degree, or equivalent certificate from an institution described in section 202(d)(7)(C)(ii) of the Social Security Act (2) Section 5(c)(7) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 235(c)(7) (A) by striking elementary or secondary school educational institution (B) by striking 19 23 4. Establishment of payroll surtax for high-income individuals (a) Self-Employment income surtax Section 1401 (1) by redesignating subsection (c) as subsection (d), and (2) by inserting after subsection (b) the following new subsection: (c) Additional tax for old-Age, survivors, and disability insurance (1) In general In addition to the taxes imposed by the preceding subsections, there is hereby imposed on every individual for each taxable year beginning after December 31, 2014, a tax equal to 4 percent of additional self-employment income for such taxable year. (2) Additional self-employment income For purposes of paragraph (1), the term additional self-employment income (A) the sum of self-employment income (determined without regard to section 1402(b)(1)) for the taxable year and wages (as defined in section 3121(a), determined without regard to paragraph (1) thereof) paid to such individual during such taxable year, over (B) the sum of the additional wages (as defined in section 3101(c)(2)) paid to such individual for the taxable year and the amount determined under paragraph (3) for the taxable year. Rules similar to the rules of subparagraph (A) of the second sentence of section 1402(b) shall apply for purposes of determining wages under clause (i). (3) Exemption amount The amount determined under this paragraph is an amount equal to— (A) in the case of a taxable year beginning after December 31, 2014, and before January 1, 2016, $400,000, and (B) in the case of any taxable year beginning after December 31, 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the taxable year begins, by (II) the national average wage index for calendar year 2013. . (b) Employee wage surtax Section 3101 (1) by redesignating subsection (c) as subsection (d), and (2) by inserting after subsection (b) the following new subsection: (c) Additional tax for old-Age, survivors, and disability insurance (1) In general In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of every individual a tax equal to 2 percent of additional wages (as defined in paragraph (2)) which are received with respect to employment during any calendar year beginning after December 31, 2014. (2) Additional wages For purposes of paragraph (1), the term additional wages wages (A) for calendar year 2015, $400,000, and (B) for any calendar year after 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by (II) the national average wage index for calendar year 2013. . (c) Employer wage surtax Section 3111 (f) Additional tax for old-Age, survivors, and disability insurance (1) In general In addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 2 percent of additional wages (as defined in paragraph (2)) paid by the employer with respect to employment during any calendar year beginning after December 31, 2014. (2) Additional wages For purposes of paragraph (1), the term additional wages . (d) Railroad Retirement Tax Act (1) Railroad employees Section 3201 (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following new subsection: (c) Additional tier 1 tax (1) In general In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of each employee a tax equal to 2 percent of additional compensation (as defined in paragraph (2)) received by such employee during any calendar year beginning after December 31, 2014, for services rendered by such employee. (2) Additional compensation For purposes of paragraph (1), the term additional compensation compensation (A) for calendar year 2015, $400,000, and (B) for any calendar year after 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by (II) the national average wage index for calendar year 2013. . (2) Railroad employee representatives Section 3211 (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following new subsection: (c) Additional tier 1 tax In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of each employee representative a tax equal to 4 percent of additional compensation (as defined under section 3201(c)) received by such employee representative during any calendar year beginning after December 31, 2014, for services rendered by such employee representative. . (3) Railroad employers Section 3221 (e) Additional tier 1 tax In addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 2 percent of additional compensation (as defined under section 3201(c)) paid by such employer during any calendar year beginning after December 31, 2014, for services rendered to such employer. . (4) Social Security Equivalent Benefit Account Section 15A(b)(1)(A) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(b)(1)(A) sections 3201(a), 3211(a)(1), and 3221(a) of the Railroad Retirement Tax Act subsections (a) and (c) of section 3201, subsections (a) and (c) of section 3211, and subsections (a) and (e) of section 3221 (e) Amendments to the Social Security Act (1) Transfer of amounts to Federal Old-Age and Survivors Insurance Trust Fund Section 201 of the Social Security Act ( 42 U.S.C. 401 (A) in subsection (b)(3)— (i) by inserting and additional wages (as defined in section 1402(c) of such Code) section 3121 of such Code) (ii) by inserting and additional wages such wages (iii) by inserting and additional wages which wages (iv) by inserting and additional wages records of wages (B) in subsection (b)(4)— (i) by inserting and additional self-employment income (as defined in section 3101(c) of such Code) section 1402 of such Code) (ii) by inserting and additional self-employment income such self-employment income (iii) by inserting and additional self-employment income which self-employment income (iv) by inserting and additional self-employment income records of self-employment income (C) in subsection (c)(1)(R)— (i) by inserting and additional wages (as so defined) wages (as so defined) (ii) by inserting and additional wages which wages (iii) by inserting and additional wages records of wages (D) in subsection (c)(2)(R)— (i) by inserting and additional self-employment income (as so defined) self-employment income (as so defined) (ii) by inserting and additional self-employment income which self-employment income (iii) by inserting and additional self-employment income records of self-employment income (2) Definition of additional wages Section 209 of the Social Security Act ( 42 U.S.C. 409 (l) Additional wages For purposes of this title, the term additional wages wages (1) for calendar year 2015, $400,000, and (2) for any calendar year after 2015, the product of— (A) $400,000, and (B) the quotient obtained by dividing— (i) the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by (ii) the national average wage index for calendar year 2013. . (3) Definition of additional self-employment income Section 211 of the Social Security Act ( 42 U.S.C. 411 (m) Additional Self-Employment Income (1) For purposes of this title, the term additional self-employment income (A) the sum of self-employment income (determined without regard to subsection (b)(1)) for the taxable year and wages (as defined in section 209(a), determined without regard to paragraph (1) thereof) paid to such individual during such taxable year, over (B) the sum of the additional wages paid to such individual for the taxable year and the amount determined under paragraph (2) for the taxable year. (2) The amount determined under this paragraph is an amount equal to— (A) in the case of a taxable year beginning after December 31, 2014, and before January 1, 2016, $400,000, and (B) in the case of any taxable year beginning after December 31, 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the taxable year begins, by (II) the national average wage index for calendar year 2013. . 5. Inclusion of surplus earnings in social security benefit formula (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 inserting and (4) by inserting after clause (iii) the following new clause: (iv) 2 percent of the individual’s surplus average indexed monthly earnings, . (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 additional wages (as defined in section 209(l)) paid in and additional self-employment income (as defined in section 209(m)) credited to such benefit computation year, to the extent such total does not exceed the amount determined for such year under clause (iii). (iii) For purposes of clause (ii), the amount determined under this clause is— (I) in the case of a benefit computation year beginning after December 31, 2014, and before January 1, 2016, $500,000; and (II) in the case of any benefit computation year beginning on or after January 1, 2016, the product of $500,000 and the quotient obtained by dividing— (aa) the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the benefit computation year begins, by (bb) the national average wage index for calendar year 2013. . (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 (described in paragraph (1)(B)(ii)) 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 without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Railroad Retirement Act Section 1(h)(5) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231(h)(5) (1) by striking and (2) by striking the period at the end of clause (iii) and inserting ; and (3) by adding at the end the following new clause: (iv) for each such calendar month after 2014, the amount which is creditable as such individual's additional wages . (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)
Retirement and Income Security Enhancements (RAISE) Act
Amends the Fair Credit Reporting Act with respect to an item of adverse information about an active duty military consumer. Declares that, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, then: (1) the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time the action or inaction occurred; and (2) any consumer report made by the agency including that item of information shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. Requires a consumer reporting agency to notify promptly an active duty military consumer whenever it receives an item of adverse information about him or her, along with a description of the item and the method by which the consumer may dispute the validity of the item. Requires an agency also to use any contact information an active duty military consumer has given it for all communications while the individual is an active duty military consumer. Declares the sense of Congress that any person making use of a consumer report containing an item of adverse information that occurred while the consumer was an active duty military consumer should take that fact into account when evaluating the consumer's creditworthiness. Requires a consumer reporting agency, with respect to an item of information under dispute by an active duty military consumer, to include in the consumer's file that he or she was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred.
To amend the Fair Credit Reporting Act to provide protections for active duty military consumers, and for other purposes. 1. Notice of status as an active duty military consumer The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (1) in section 605, by adding at the end the following: (i) Notice of status as an active duty military consumer With respect to an adverse item of information about a consumer, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time such action or inaction occurred, and any consumer report provided by the consumer reporting agency that includes the item shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. ; and (2) in section 605A(c)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and moving such redesignated subparagraphs 2 ems to the right; (B) in the matter preceding subparagraph (A), as so redesignated, by striking Upon (1) In general Upon ; (C) by adding at the end the following: (2) Negative information alert If a consumer reporting agency receives an adverse item of information about a consumer who has provided appropriate proof that the consumer is an active duty military consumer, the consumer reporting agency shall promptly notify the consumer— (A) that the consumer reporting agency has received the adverse item of information, along with a description of the item; and (B) the method by which the consumer may dispute the validity of the item. (3) Contact information for active duty military consumers If a consumer who has provided appropriate proof to a consumer reporting agency that the consumer is an active duty military consumer provides the consumer reporting agency with contact information for the purpose of communicating with the consumer while the consumer is an active military consumer, the consumer reporting agency shall use such contact information for all communications while the consumer is an active military consumer. (4) Sense of Congress It is the sense of Congress that any person making use of a consumer report that contains an adverse item of information should, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, take such fact into account when evaluating the creditworthiness of the consumer. ; and (D) in section 611(a)(1), by adding at the end the following: (D) Notice of dispute related to active duty military consumers With respect to an item of information described under subparagraph (A) that is under dispute, if the consumer to whom the item relates has notified the consumer reporting agency, and has provided appropriate proof, that the consumer was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, the consumer reporting agency shall— (i) include such fact in the file of the consumer; and (ii) indicate such fact in each consumer report that includes the disputed item. .
A bill to amend the Fair Credit Reporting Act to provide protections for active duty military consumers, and for other purposes.
Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures.
To require States to establish highway stormwater management programs. 1. Short title This Act may be cited as the Highway Runoff Management Act 2. Federal-aid highway runoff management (a) In general Chapter 3 330. Federal-aid highway runoff management program (a) Definitions In this section, the following definitions apply: (1) Covered project The term covered project (A) a 10-percent or greater increase in impervious surface of the aerial extent within the right-of-way of the project limit on a Federal-aid highway or associated facility; or (B) an increase of 1 acre or more in impervious surface coverage. (2) Erosive force The term erosive force (3) Highway runoff The term highway runoff (4) Impacted hydrology The term impacted hydrology (5) Management measure The term management measure (b) State highway stormwater management programs (1) In general Not later than 1 year after the date of enactment of this section, each State shall— (A) develop a process for analyzing the erosive force of highway runoff generated from covered projects; and (B) apply management measures to maintain or restore impacted hydrology associated with highway runoff from covered projects. (2) Inclusions The management measures established under paragraph (1) may include, as the State determines to be appropriate, management measures that— (A) minimize the erosive force of highway runoff from a covered project on a channel bed or bank of receiving water by managing highway runoff within the area of the covered project; (B) manage impacted hydrology in such a manner that the highway runoff generated by a covered project is below the erosive force flow and volume; (C) to the maximum extent practicable, seek to address the impact of the erosive force of hydrologic events that have the potential to create or exacerbate downstream channel erosion, including excess pier and abutment scour at bridges and channel downcutting and bank failure of streams adjacent to highway embankments; (D) ensure that the highway runoff from the post-construction condition does not increase the risk of channel erosion relative to the preproject condition; and (E) employ simplified approaches to determining the erosive force of highway runoff generated from covered projects, such as a regionalized analysis of streams within a State. (c) Guidance (1) In general Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the heads of other relevant Federal agencies, shall publish guidance to assist States in carrying out this section. (2) Contents of guidance The guidance shall include guidelines and technical assistance for the establishment of State management measures that will be used to assist in avoiding, minimizing, and managing highway runoff from covered projects, including guidelines to help States integrate the planning, selection, design, and long-term operation and maintenance of management measures consistent with the design standards in the overall project planning process. (3) Approval The Secretary, in consultation with the heads of other relevant Federal agencies, shall— (A) review the management measures program of each State; and (B) approve such a program, if the program meets the requirements of subsection (b). (4) Updates Not later than 5 years after the date of publication of the guidance under this subsection, and not less frequently than once every 5 years thereafter— (A) the Secretary, in consultation with the heads of other relevant Federal agencies, shall update the guidance, as applicable; and (B) each State, as applicable, shall update the management measures program of the State in accordance with the updated guidance. (d) Reporting (1) In general Except as provided in paragraph (2)(A), each State shall submit to the Secretary an annual report that describes the activities carried out under the highway stormwater management program of the State, including a description of any reductions of stormwater runoff achieved as a result of covered projects carried out by the State after the date of enactment of this section. (2) Reporting requirements under permit (A) In general A State shall not be required to submit an annual report described in paragraph (1) if the State— (i) is operating Federal-aid highways in the State in a post-construction condition in accordance with a permit issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) is subject to an annual reporting requirement under such a permit (regardless of whether the permitting authority is a Federal or State agency); and (iii) carries out a covered project with respect to a Federal-aid highway in the State described in clause (i). (B) Transmission of report A Federal or State permitting authority that receives an annual report described in subparagraph (A)(ii) shall, on receipt of such a report, transmit a copy of the report to the Secretary. . (b) Clerical amendment The analysis for chapter 3 330. Federal-aid highway runoff management program. .
Highway Runoff Management Act
American Indian Teacher Loan Forgiveness Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to provide up to $17,500 of loan forgiveness to borrowers under the Federal Family Education Loan program or the William D. Ford Federal Direct Loan program who: (1) are a member of an Indian tribe, and (2) have been employed as a full-time teacher for five consecutive complete school years in an Indian school or in a local educational agency that serves at least 10 Indian students or whose schools have an enrollment of students at least 25% of which are Indians.
To provide student loan forgiveness for American Indian educators teaching in local educational agencies with a high percentage of American Indian students. 1. Short title This Act may be cited as the American Indian Teacher Loan Forgiveness Act of 2014 2. Student loan forgiveness for American Indian educators teaching in local educational agencies with a high percentage of American Indian students (a) Part B loans Section 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) (4) American Indian teachers in local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher for 5 consecutive complete school years as a teacher in a local educational agency described in section 7112(b) of the Elementary and Secondary Education Act of 1965 or in a school overseen by the Bureau of Indian Education of the Department; and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b . (b) Part D loans Section 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) (4) American Indian teachers in local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher for 5 consecutive complete school years as a teacher in a local educational agency described in section 7112(b) of the Elementary and Secondary Education Act of 1965 or in a school overseen by the Bureau of Indian Education of the Department; and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b .
American Indian Teacher Loan Forgiveness Act of 2014
Know Before You Owe Federal Student Loan Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide pre-loan counseling at or prior to the first disbursement of a new loan to a student borrower under the William D. Ford Federal Direct Loan program. (Currently, such counseling is limited to students who are first-time borrowers of such loans.) Adds to the information to be provided to students as part of such counseling: an estimate of their projected loan debt-to-income ratio upon graduation and their estimated total student loan debt, calculated for their particular program of study; a statement that they should borrow the minimum amount necessary to cover expenses; information about the default risk of having a projected loan debt-to-income ratio greater than 12%; options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities; and an explanation of the importance of graduating on time and of how adding an additional year of study impacts total indebtedness. Requires each IHE, prior to certifying a Federal Direct Loan for disbursement to a student borrower, to ensure that the student manually enters, either in writing or through electronic means, the exact dollar amount of such loan that the student desires to borrow.
To revise counseling requirements for certain borrowers of student loans and for other purposes. 1. Short title This Act may be cited as the Know Before You Owe Federal Student Loan Act of 2014 2. Pre-Loan Counseling and certification of loan amount Section 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) (1) in the subsection heading, by striking Entrance Counseling Pre-Loan Counseling (2) in paragraph (1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking a disbursement to a first-time borrower of a loan the first disbursement of each new loan (or the first disbursement in each award year if more than one new loan is obtained in the same award year) (B) in clause (ii)(I), by striking an entrance counseling a counseling (3) in paragraph (2)— (A) by striking clause (i) of subparagraph (G) and inserting the following: (i) an estimate of the borrower's projected loan debt-to-income ratio upon graduation, calculated using the best available data on starting wages for the borrower’s program of study and the estimated total student loan debt, including Federal and private loan debt already incurred and the estimated future debt required to complete the program of study; and ; and (B) by adding at the end the following: (L) A statement that the borrower should borrow the minimum amount necessary to cover expenses and that the borrower does not have to accept the full amount of loans for which the borrower is eligible. (M) Information about the default risk of having a projected loan debt-to-income ratio greater than 12 percent. (N) Options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities. (O) An explanation of the importance of graduating on time to avoid additional borrowing, and information on how adding an additional year of study impacts total indebtedness. ; and (4) by adding at the end the following: (3) In addition to the other requirements of this subsection, each eligible institution shall, prior to certifying a Federal direct loan under part D for disbursement to a student (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), ensure that the student manually enter, either in writing or through electronic means, the exact dollar amount of Federal direct loan funding under part D that such student desires to borrow. . 3. Conforming Amendments (a) Program participation agreements Section 487(e)(2)(B)(ii)(IV) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(e)(2)(B)(ii)(IV) (1) by striking Entrance and exit counseling Pre-loan and exit counseling (2) by striking entrance and exit counseling pre-loan and exit counseling (b) Regulatory relief and improvement Section 487A of the Higher Education Act of 1965 ( 20 U.S.C. 1094a entrance and exit interviews pre-loan and exit interviews
Know Before You Owe Federal Student Loan Act of 2014
Christopher Bryski Student Loan Protection Act or Christopher's Law - Amends the Truth in Lending Act to require lenders of private education loans to: describe clearly and conspicuously, in writing, the cosigners' obligations regarding such loans, including the effect a borrower's or cosigner's death, disability, or inability to engage in any substantial gainful activity would have on such obligations; require the borrower to designate an individual to have the legal authority to act on behalf of the borrower in the event of the borrower's death, disability, or inability to engage in any substantial gainful activity; and ensure that the borrower, and any cosigner, receives comprehensive information on the loan's terms and conditions and the borrower's responsibilities with respect to such loan. Directs the Consumer Financial Protection Bureau (CFPB) to publish a model form for describing a cosigner's obligations regarding private education loans. Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education to provide borrowers of federal education loans information at their entrance counseling on: the effect their death, disability, or inability to engage in any substantial gainful activity would have on their federal and private education loans; any repayment, refinance, deferment, forbearance, or forgiveness opportunities available to the borrower, or cosigner, in the event of either individual's death, disability, or inability to engage in any substantial gainful activity; and the effect their death, disability, or inability to engage in any substantial gainful activity would have on their obligations and any cosigner's obligations with respect to the loan. Requires students applying for federal education loans to designate an individual who is to have the legal authority to act on their behalf with respect to such a loan in the event of their death, disability, or inability to engage in any substantial gainful activity.
To amend the Truth in Lending Act and the Higher Education Act of 1965 to require additional disclosures and protections for students and cosigners with respect to student loans, and for other purposes. 1. Short title; Findings (a) Short title This Act may be cited as the Christopher Bryski Student Loan Protection Act Christopher’s Law (b) Findings Congress finds the following: (1) According to the Bureau of Consumer Financial Protection (hereafter referred to as the CFPB (A) The CFPB received more than 2,300 private student loan complaints and more than 1,300 debt collection complaints related to student loans between October 1, 2013, and March 31, 2014. (B) Co-signers complain that information about discharge or alternative arrangements in the case of death of the primary borrower is not readily available and that decisions are made on a case-by-case basis, giving co-signers little understanding of how the process works, or if they will be successful. (C) The complaints and input received by the CFPB resemble many of the same issues experienced by mortgage borrowers, such as improper application of payments, untimeliness in error resolution, and inability to contact appropriate personnel in times of hardship. (D) The difference between federal and private student loans in periods of disability was not well-understood. (2) An estimated 1,700,000 people sustain a traumatic brain injury each year, with older adolescents aged 15 to 19 years old more likely to sustain a traumatic brain injury than other age groups. (3) It has been estimated that the annual incidence of spinal cord injury, not including those who die at the scene of an accident, is approximately 40 cases per 1,000,000 people in the United States or approximately 12,000 new cases each year. These injuries can lead to permanent disability or loss of movement and can prohibit the victim from engaging in any substantial gainful activity. (4) According to the CFPB, more than 90 percent of new private student loans are co-signed. 2. Additional student loan protections (a) In general Section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 (g) Additional protections relating to death or disability of borrower or cosigner of a private education loan (1) Clear and conspicuous description of borrower’s and cosigner’s obligation In the case of any private educational lender who extends a private education loan, the lender shall clearly and conspicuously describe, in writing, the cosigner’s obligations with respect to the loan, including the effect the death, disability, or inability to engage in any substantial gainful activity of the borrower or any cosigner would have on any such obligation, in language that the Bureau determines would give a reasonable person a reasonable understanding of the obligation being assumed by becoming a cosigner for the loan. (2) Designation of individual to act on behalf of the borrower In the case of any private educational lender who extends a private education loan, the lender shall require the borrower to designate an individual to have the legal authority to act on behalf of the borrower with respect to the private education loan in the event of the borrower’s death, disability, or inability to engage in any substantial gainful activity. (3) Counseling In the case of any private educational lender who extends a private education loan, the lender shall ensure that the borrower, and any cosigner, receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan, including the information described under section 485(l)(2) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)). (4) Model form The Bureau shall publish a model form under section 105 for describing a cosigner’s obligation for purposes of paragraph (1). (5) Definition of death, disability, or inability to engage in any substantial gainful activity For the purposes of this subsection with respect to a borrower or cosigner, the term death, disability, or inability to engage in any substantial gainful activity (A) means any condition described in section 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)); and (B) shall be interpreted by the Bureau in such a manner as to conform with the regulations prescribed by the Secretary of Education under section 437(a) of such Act ( 20 U.S.C. 1087(a) . (b) Definitions Subsection (a) of section 140 of the Truth in Lending Act ( 15 U.S.C. 1650(a) (1) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: (1) the term cosigner (A) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument; (B) includes any person whose signature is requested as condition to grant credit or to forbear on collection; and (C) does not include a spouse of an individual referred to in subparagraph (A) whose signature is needed to perfect the security interest in the loan; . (c) Rulemaking Not later than the end of the 1-year period following the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations to carry out section 140(g) of the Truth in Lending Act. 3. Federal student loans (a) Counseling information Section 485(l)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l)(2) (L) Information on the conditions required to discharge the loan due to the death, disability, or inability to engage in any substantial gainful activity of the borrower in accordance with section 437(a), and an explanation that, in the case of a private education loan made through a private educational lender (as such terms are defined in section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 (M) Any repayment, refinance, deferment, forbearance, or forgiveness opportunities available to the borrower, or cosigner, in the event of either individual’s death, disability, or inability to engage in any substantial gainful activity. (N) The effect that the death, disability, or inability to engage in any substantial gainful activity of the borrower would have on the obligations of the borrower and any cosigner of the loan. . (b) Designation of individual To act on behalf of the borrower Section 484(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(4) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by inserting and (3) by adding at the end the following new subparagraph: (C) a designation by such student of an individual who shall have the legal authority to act on behalf of the student with respect to any loan to the student under this title in the event of the student’s death, disability, or inability to engage in any substantial gainful activity; .
Christopher's Law
CHIP Extension Act of 2014 - Revises and extends through FY2019 at generally increased levels the program under title XXI (State Children's Health Insurance) (CHIP) of the Social Security Act (SSA), and adjusts CHIP allotment requirements accordingly, including the rebasing and growth factor update rules for computing state allotments.Sets forth new requirements for the enrollment and retention of children for fiscal years after FY2014. Establishes in the Treasury the CHIP Shortfall Fund, which shall be available without further appropriations for payments to shortfall states whose projected CHIP expenditures for the fiscal year will exceed a specified amount. Gives states the option to increase up to 26 the upper age limit for CHIP-eligible children with special health care needs. Requires a state to establish procedures to eliminate gaps in coverage and to assist a child's and pregnant woman's transition: (1)  from coverage under the state plan under SSA title XIX (Medicaid) or the state CHIP plan to coverage under a qualified health plan offered through an Exchange, and (2) from coverage under a qualified health plan to coverage under a state Medicaid or CHIP plan. Directs the Secretary to develop comparability standards with respect to affordability, benefits, and network adequacy which qualified health plans offered by a state-established Exchange must meet to be certified for such transitions. Amends the Internal Revenue Code, with respect to minimum essential coverage for a targeted pregnant low-income woman under CHIP, to exclude from such coverage, at a woman's option, pregnancy-related assistance. Provides automaticenrollment under CHIP for newborns. Amends SSA title XIX (Medicaid) to give states the option to extend express lane eligibility to pregnant women. Makes permanent the express lane option and the CHIP outreach and enrollment grant program. Requires a national campaign to increase enrollment in CHIP or Medicaid of children from families that speak a language other than English. Limits to 5% of family income the total annual aggregate amount of any premium, enrollment fee, deduction or other cost sharing imposed under a Medicaid plan with respect to individuals and their families.. Amends SSA title XXI to prohibit cost-sharing for pregnancy-related assistance. Imposes under CHIP a certain limit on cost-sharing for dental-only supplemental coverage. Amends SSA titles XIX and XXI to cover preventive services for children or pregnant women without cost-sharing. Amends SSA title XIX to cover newly approved vaccines within 30 days after the Advisory Committee on Immunization Practices approves them. Treats CHIP-eligible children as federally vaccine-eligible children. Makes permanent the program for the distribution of pediatric vaccines. Amends SSA title XI to extend the pediatric quality measures program. Requires the Secretary to establish a program to continue and enhance pediatric quality measures program centers of excellence. Revises requirements for initial core measures. Directs the Secretary to convene a panel of health experts to establish priorities and goals for child health as recommended in a specified report by the Institute of Medicine. Modifies and extends the Demonstration Projects for Improving the Quality of Children's Health Care and the Use of Health Information Technology. Extends funding for Childhood Obesity Demonstration Projects and maternal, infant, and early childhood home visiting programs. Directs the Comptroller General (GAO) to study each state in which individuals eligible for Medicaid or CHIP are provided such assistance through enrollment in a qualified health plan or employer-sponsored insurance.
To amend title XXI of the Social Security Act to extend and improve the Children's Health Insurance Program, and for other purposes. 1. Short title; amendments to Social Security Act; references; table of contents (a) Short title This Act may be cited as the CHIP Extension Act of 2014 (b) Amendments to Social Security Act Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (c) References to CHIP; Medicaid; Secretary In this Act: (1) CHIP The term CHIP 42 U.S.C. 1397aa et seq. (2) Medicaid The term Medicaid 42 U.S.C. 1396 et seq. (3) Secretary The term Secretary (d) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; amendments to Social Security Act; references; table of contents. Sec. 2. Purposes. Sec. 3. General effective date; exception for State legislation; reliance on law. TITLE I—Financing Sec. 101. Extension of CHIP. Sec. 102. Continuation and update of performance incentives. Sec. 103. Funds to address any Federal funding shortfalls for States. TITLE II—Eligibility and Enrollment Subtitle A—Coverage Continuity Sec. 201. State option to increase upper age limit for children with special health care needs. Sec. 202. Improving coverage transitions from Medicaid or CHIP to coverage under a qualified health plan. Sec. 203. Assuring coverage continuity for former foster care children. Subtitle B—Enrollment Simplification and Improvements Sec. 211. Automatic enrollment for newborns under CHIP. Sec. 212. Express Lane Eligibility extension and application to pregnant women, foster children, and children with special health care needs. Sec. 213. Outreach to targeted populations. TITLE III—Affordability Sec. 301. Strengthened cost sharing protections under Medicaid and CHIP. TITLE IV—Benefits Sec. 401. Preventive health services. Sec. 402. Timely immunization coverage. TITLE V—Access and Quality Subtitle A—Pediatric Quality Measures Sec. 501. Extending the pediatric quality measures program. Sec. 502. Improving the effectiveness of the pediatric quality measures. Sec. 503. Annual State reports regarding State-specific quality of care measures applied under Medicaid or CHIP. Sec. 504. Advisory panel regarding pediatric quality. Sec. 505. Extending and expanding demonstration projects. Subtitle B—Maternal, Infant, and Early Childhood Home Visiting Program Sec. 511. Supporting evidence-based care coordination in communities. Subtitle C—Comparative study of Medicaid, CHIP, and qualified health plans Sec. 521. GAO study and report. TITLE VI—Budgetary Effects Sec. 601. Budgetary effect of this Act. 2. Purposes The purposes of this Act are to ensure the extension of CHIP, safeguard child-specific health coverage for millions of children, and make improvements to promote children's access to cost-effective, high-quality health care. 3. General effective date; exception for State legislation; reliance on law (a) General effective date Unless otherwise provided in this Act, subject to subsections (b) and (c), this Act and the amendments made by this Act shall take effect on October 1, 2015, and shall apply to child health assistance and medical assistance provided on or after that date. (b) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (c) Reliance on law With respect to amendments made by this Act that become effective as of a date— (1) such amendments are effective as of such date whether or not regulations implementing such amendments have been issued; and (2) Federal financial participation for medical assistance or child health assistance furnished under title XIX or XXI, respectively, of the Social Security Act on or after such date by a State in good faith reliance on such amendments before the date of promulgation of final regulations, if any, to carry out such amendments (or before the date of guidance, if any, regarding the implementation of such amendments) shall not be denied on the basis of the State’s failure to comply with such regulations or guidance. I Financing 101. Extension of CHIP (a) Funding (1) In general Section 2104(a) ( 42 U.S.C. 1397dd(a) (A) in paragraph (17), by striking and (B) by striking paragraph (18) and inserting the following: (18) for fiscal year 2015, $21,061,000,000; ; and (C) by adding at the end the following new paragraphs: (19) for fiscal year 2016, $19,300,000,000; (20) for fiscal year 2017, $20,300,000,000; (21) for fiscal year 2018, $21,300,000,000; and (22) for fiscal year 2019, for purposes of making 2 semi-annual allotments— (A) $2,850,000,000 for the period beginning on October 1, 2018, and ending on March 31, 2019, and (B) $2,850,000,000 for the period beginning on April 1, 2019, and ending on September 30, 2019. . (2) Prevention of duplicate appropriations for fiscal year 2015 Expenditures made under section 2104(a)(18) of the Social Security Act ( 42 U.S.C. 1387dd(a)(18) Public Law 111–148 (b) Allotments (1) In general Section 2104(m) ( 42 U.S.C. 1397dd(m) (A) in paragraph (3)— (i) by striking 2015 2019 (ii) in subparagraph (A), by striking paragraph (18) paragraph (22) (iii) in subparagraph (B), by striking paragraph (18) paragraph (22) (iv) in subparagraph (C)— (I) by striking 2014 2018 (II) by striking 2015 2019 (v) in subparagraph (D)— (I) in clause (i), by striking the sum of— 2009; the amount made available under subsection (a)(22)(A), (II) in subclause (II) of clause (ii), by striking subsection (a)(18)(B) subsection (a)(22)(B) (B) in paragraph (4), by striking 2015 2019 (C) in paragraph (8)— (i) by striking 2015 2019 (ii) by striking for a period in fiscal year 2015 for a period in fiscal year 2019 (D) by adding at the end the following new paragraph: (9) Rebasing and growth factor update rules for fiscal years after fiscal year 2014 Subject to paragraphs (3), (4), and (6), from the amount made available under subsection (a) for each fiscal year after fiscal year 2014, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for each such fiscal year as follows: (A) Rebasing in odd-numbered fiscal years If the fiscal year is an odd-numbered fiscal year, the allotment of the State is equal to the Federal payments to the State that are attributable to (and countable towards) the total amount of allotments available under this section to the State in the preceding fiscal year (including any payments made to the State under subsections (n) and (o) for the preceding fiscal year as well as amounts redistributed to the State in the preceding fiscal year), multiplied by the allotment increase factor under paragraph (5) for the fiscal year. (B) Growth factor update for even-numbered fiscal years If the fiscal year is an even-numbered fiscal year, the allotment of the State is equal to the sum of— (i) the amount of the State allotment for the preceding fiscal year; and (ii) the amount of any payments made to the State under subsections (n) and (o) for the preceding fiscal year, multiplied by the allotment increase factor under paragraph (5) for the fiscal year. . (2) One-time appropriation for fiscal year 2019 Section 108 of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111–3), as amended by section 10203(d)(2)(F) of the Patient Protection and Affordable Care Act ( Public Law 111–148 $15,361,000,000 $16,700,000,000 to accompany the allotment made for the period beginning on October 1, 2018, and ending on March 31, 2019, under section 2104(a)(22)(A) of the Social Security Act (42 U.S.C. 1397dd(a)(22)(A)), to remain available until expended. Such amount shall be used to provide allotments to States under paragraph (3) of section 2104(m) of such Act ( 42 U.S.C. 1397dd(m) (3) Conforming amendments Section 2104(m) ( 42 U.S.C. 1397dd(m) (A) in the subsection heading, by striking 2015 2019 (B) in paragraph (6)— (i) in subparagraph (A), by striking 2015 2019 (ii) in the second sentence, by striking or fiscal year 2014 fiscal year 2014, fiscal year 2016, or fiscal year 2018 (c) Extension of qualifying states option Section 2105(g)(4) ( 42 U.S.C. 1397ee(g)(4) (1) in the paragraph heading, by striking 2015 2019 (2) in subparagraph (A), by striking 2015 2019 102. Continuation and update of performance incentives (a) Extension through fiscal year 2019 Section 2105(a)(3) ( 42 U.S.C. 1397ee(a)(3) (1) in subparagraph (A), by striking 2013 2019 (2) in subparagraph (E)— (A) in clause (ii)— (i) by striking subclause (I) and inserting the following: (I) Unobligated national allotment As of December 31 of fiscal year 2009, and as of December 31 of each succeeding fiscal year through fiscal year 2015, the portion, if any, of the amount appropriated under section 2104(a) for such fiscal year that is unobligated for allotment to a State under section 2104(m) for such fiscal year or set aside under subsection (a)(3) or (b)(2) of section 2111 for such fiscal year. ; (ii) in subclause (II), by striking 2013 2015 (iii) in subclause (III), by striking 2013 2015 (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii), the following new clause: (iii) Appropriation for fiscal years 2016 through 2019 Out of any money in the Treasury not otherwise appropriated, there are appropriated $750,000,000 for each of fiscal years 2016 through 2019 for making payments under this paragraph. Amounts appropriated for a fiscal year under this clause shall remain available for making payments under this paragraph through December 31 of the following fiscal year. Any amount of such appropriations that remains unexpended or unobligated as of such date shall be transferred and made available on January 1 of such following fiscal year for making payments under section 2104(o). ; and (3) in subparagraph (F)(iii), by striking 2013 2019 (b) Updated performance incentive criteria for fiscal years 2015 through 2019 Section 2105(a) ( 42 U.S.C. 1397ee(a) (1) in paragraph (3)(A), by inserting or (5) paragraph (4) (2) in paragraph (4)— (A) in the heading, by inserting for fiscal years before fiscal year 2015 for children (B) in the matter preceding subparagraph (A), by striking for a fiscal year if for a fiscal year before fiscal year 2015 if (3) by adding at the end the following new paragraph: (5) Enrollment and retention provisions for children for fiscal years after fiscal year 2014 (A) In general For purposes of paragraph (3)(A), a State meets the condition of this paragraph for a fiscal year after fiscal year 2014 if it is implementing at least 7 of the enrollment and retention provisions specified in subparagraph (B) (treating each clause of that subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year and achieves a program rating of effective highly effective (B) Enrollment and retention provisions The enrollment and retention provisions specified in this subparagraph are the following: (i) 12-month continuous eligibility The State has elected the option of continuous eligibility for a full 12 months under title XIX for all children described in section 1902(e)(12) and applies such policy under its State child health plan under this title. (ii) Express Lane Eligibility The State is implementing the option described in section 1902(e)(13) under title XIX as well as, pursuant to section 2107(e)(1), under this title. (iii) Presumptive eligibility The State is implementing section 1920A under title XIX as well as, pursuant to section 2107(e)(1), under this title. (iv) Elimination of CHIP premiums In the case of any targeted low-income child or a targeted low-income pregnant woman, the State child health plan does not impose any enrollment fee, premium, or similar charge. (v) Premium assistance for employer-sponsored plans The State has opted to offer a premium assistance subsidy for qualified employer-sponsored coverage by implementing section 1906A under title XIX or the option described in section 2105(c)(10) under this title. (vi) Comprehensive coverage for pregnant women If the State has elected to offer pregnancy-related assistance to targeted low-income women (as defined in section 2112(d)(2)) under section 2112, the State also has elected to include, as part of such pregnancy-related assistance and as part of the medical assistance provided to women under section 1902(e)(5) while pregnant and during the 60-day period described in such section— (I) dental services necessary to prevent disease and promote oral health, restore oral structure to health and function, and treat emergency conditions; (II) vision services, including vision screening and corrective lenses; and (III) all services covered under the State child health plan. (vii) Improved coverage for pregnant women If the State has elected to offer pregnancy-related assistance to targeted low-income women (as defined in section 2112(d)(2)) under section 2112— (I) the State also has elected to provide that a pregnant woman who is determined to be eligible for pregnancy-related assistance under the amendment to the State child health plan under section 2112 shall remain eligible for those benefits until the end of a period (not to exceed 12 months) following the determination; and (II) the State is implementing section 1906A under title XIX. (viii) Supplemental dental coverage The State has elected to provide dental-only supplemental coverage under section 2110(b)(5). (ix) Raising CHIP eligibility age to align with Medicaid eligibility age If the State has elected to provide eligibility as a child under the State plan under title XIX for an individual who has attained age 19 or 20, the State has elected to apply the same age under the State plan under this title for purposes of eligibility as a child. (x) Increase in income eligibility (I) Up to at least 300 percent of the poverty line The State has elected to extend eligibility for medical assistance under the State plan under title XIX or eligibility for child health assistance under the State child health plan to any otherwise eligible child whose family income does not exceed 300 percent of the poverty line for a family of the size involved. (II) Rule of construction Nothing in subclause (I) shall be construed as prohibiting a State from extending eligibility for medical assistance under the State plan under title XIX or eligibility for child health assistance under the State child health plan to any otherwise eligible child whose family income exceeds 300 percent of the poverty line. (xi) Prohibiting lockout periods The State child health plan permits an individual whose coverage under the plan has been terminated for failure to make premium payments to be immediately reenrolled upon payment of outstanding premiums, with coverage retroactive to the beginning of the most recent month for which an outstanding premium has been paid, and shall not impose any waiting period or enrollment fee as a condition of reenrollment. (xii) CHIP coverage for children of state employees The State offers enrollment in the State child health plan for a child who is a member of a family that is eligible for health benefits coverage under a State health benefits plan on the basis of a family member's employment with a public agency in accordance with section 2110(b)(6) and provides resources to help the family member so employed compare the coverage options for the family member's child under the State health benefits plan on the basis of cost and provider networks. (xiii) Interagency coordination for juvenile justice youth The State— (I) does not terminate (but may suspend) enrollment under a State plan for medical assistance for any individual under age 21 on the basis that the individual is an inmate of a public institution (as defined in section 435.1010 (II) informs such individual immediately upon release from such public institution that the individual's eligibility for medical assistance is no longer suspended and the limitations on medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) will no longer apply (unless and until there is a determination that the individual no longer meets the State or Federal eligibility requirements for such medical assistance); (III) processes any application for medical assistance submitted by, or on behalf of any individual under age 21 who is an inmate of a public institution (as defined in section 435.1010 of title 42, Code of Federal Regulations) notwithstanding that the individual is such an inmate; and (IV) screens any individual under age 21 who is such an inmate for eligibility for medical assistance under title XIX or child health assistance under this title and assists those individuals who are identified as likely to be eligible for either such assistance in applying for either such assistance and enrolling in either such plan. (xiv) Extended coverage for children with special health care needs The State has elected to extend eligibility for child health assistance under the State child health plan (whether implemented under this title, title XIX, or both) to individuals under age 26 with special health care needs by implementing the option described in section 2110(c)(1)(B). (C) Metrics for evaluating program effectiveness The Secretary shall establish metrics for evaluating the effectiveness of the State program established under this title (whether implemented under this title, title XIX, or both). Such metrics shall include a system for rating States as effective highly effective in need of improvement . 103. Funds to address any Federal funding shortfalls for States (a) In general Section 2104 ( 42 U.S.C. 1397dd (o) Fund To alleviate CHIP shortfalls (1) Establishment There is hereby established in the Treasury of the United States a fund which shall be known as the CHIP Shortfall Fund Fund (2) Deposits into fund (A) Initial appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Fund $3,860,000,000 for fiscal year 2016. (B) Transfers Notwithstanding any other provision of this title, the following amounts shall also be available, without fiscal year limitation, for making payments from the Fund: (i) Unobligated national allotment for fiscal years beginning with fiscal year 2016 As of January 1 of fiscal year 2017, and as of January 1 of each succeeding fiscal year, the portion, if any, of the amount appropriated under subsection (a) for the preceding fiscal year that is unobligated for allotment to a State under subsection (m) for such preceding fiscal year. (ii) Unexpended allotments not used for redistribution As of November 15 of fiscal year 2016 and each succeeding fiscal year, the total amount of allotments made to States under subsection (a) for the second preceding fiscal year that is not expended or redistributed under subsection (f) during the period in which such allotments are available for obligation. (iii) Unexpended child enrollment contingency funds As of October 1, 2015, any unobligated amount in the Child Enrollment Contingency Fund under subsection (n). (iv) Unexpended performance incentive funds As of January 1, 2017, and as of January 1 of each succeeding calendar year, the portion, if any, of the amount appropriated under subparagraph (E)(iii) of section 2105(a)(3) for the preceding fiscal year that is not expended or obligated under such section for such preceding fiscal year. (C) Investment of fund The Secretary of the Treasury shall invest in interest bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments shall constitute a part of the Fund. (3) Shortfall fund payments (A) Payments to shortfall States For each of fiscal years 2016 through 2020, if the Secretary determines that a State is a shortfall State described in paragraph (4) for that fiscal year, the Secretary shall pay the State from the Fund, in addition to any other payments made to a State under this title for the fiscal year, an amount equal to the amount described in subparagraph (B) for the State and fiscal year. (B) Amount described With respect to a State and a fiscal year, the amount described in this subparagraph is the amount of projected expenditures for the State under this title for the fiscal year that exceeds the sum determined under paragraph (4) for the State and fiscal year. (C) Proportional reduction If the sum of the amounts otherwise payable under this paragraph for a fiscal year exceeds the amount available in the Fund for the fiscal year, the amount to be paid under this paragraph to each State for the fiscal year shall be reduced proportionally. (D) Application to commonwealths and territories No payment shall be made under this paragraph to a commonwealth or territory described in subsection (c)(3) until such time as the Secretary determines that there are in effect methods, satisfactory to the Secretary, for the collection and reporting of reliable data regarding the expenditures under the State child health plan in order to accurately determine the commonwealth's or territory's eligibility for, and amount of payment, under this paragraph. (4) Shortfall states described For purposes of paragraph (3), with respect to a fiscal year, a shortfall State is a State for which the Secretary estimates on the basis of the most recent data available to the Secretary, that the projected expenditures for the State for the fiscal year under this title (whether the State plan is implemented under this title, title XIX, or both) will exceed the sum of— (A) the amount of the State's allotments for any preceding fiscal years that remains available for expenditure and that will not be expended by the end of the immediately preceding fiscal year; (B) the amount (if any) that will be redistributed to the State under subsection (f) for the fiscal year; (C) the amount (if any) of the child enrollment contingency fund payment under subsection (n) for the fiscal year; and (D) the amount of the State's allotment for the fiscal year. (5) Retrospective adjustment The Secretary may adjust the determinations made under this subsection with respect to a State and fiscal year as necessary on the basis of the amounts reported by States not later than November 30 of the succeeding fiscal year, as approved by the Secretary. . (b) Technical amendments Section 2104(f) ( 42 U.S.C. 1397dd(f) (1) in paragraph (1)— (A) by striking shortfall States redistribution States (B) by striking shortfall described deficit described (2) in paragraph (2)— (A) in the paragraph heading, by striking Shortfall Redistribution (B) in subparagraph (A), by striking shortfall State redistribution State (C) in subparagraph (B)— (i) by striking shortfalls deficits (ii) by striking shortfall State redistribution State II Eligibility and Enrollment A Coverage Continuity 201. State option to increase upper age limit for children with special health care needs Section 2110(c)(1) ( 42 U.S.C. 2110(c)(1) (1) by striking The term (A) In general Subject to subparagraph (B), the term ; and (2) by adding at the end the following: (B) Children with special health care needs At State option, such term includes an individual under 26 years of age who has or is at an increased risk of a chronic physical, developmental, behavioral, or emotional condition and who also requires health and related services of a type or amount beyond that required by children typically. . 202. Improving coverage transitions from Medicaid or CHIP to coverage under a qualified health plan (a) State coordination requirement Section 2105(d)(3)(B) ( 42 U.S.C. 1397ee(d)(3)(B) (1) in the subparagraph heading, by striking shortfalls shortfalls; coordination requirements for transitioning to or from Exchange coverage (2) in the first sentence, by striking In the event (i) Exchange coverage as a result of funding shortfalls In the event ; and (3) by adding at the end the following: (ii) Coordination requirements for transitioning to or from Exchange coverage The State shall establish procedures to eliminate gaps in coverage and to assist a child's and pregnant woman's transition from coverage under the State plan under title XIX or the State child health plan under this title (whether implemented under this title, title XIX, or both) to coverage under a qualified health plan that has been certified by the Secretary under subparagraph (C) and is offered through an Exchange and from coverage under a qualified health plan to coverage under the State plan under title XIX or the State child health plan under this title. Such procedures— (I) shall provide for coverage for the child's or pregnant woman's medical home, regardless of whether the medical home providers are participating providers under the State plan under title XIX or the State child health plan under this title, for a transitional time to be determined under regulations promulgated by the Secretary; (II) in the case of a child or pregnant woman with a chronic or complex condition, shall provide that the State plan under title XIX, or the State child health plan under this title (as applicable) shall permit the child or pregnant woman to continue to receive treatment from a non-network provider for a transitional period as determined under regulations promulgated by the Secretary; (III) shall require that if the benefits available and cost-sharing imposed under a qualified health plan available to the child or pregnant woman (as applicable) are not comparable to the benefits and coverage available to the child or pregnant woman under the State plan under title XIX or the State child health plan under this title (as applicable) the child or pregnant woman shall remain enrolled in the State plan under title XIX or the State child health plan under this title for so long as the child or pregnant woman is otherwise eligible for coverage under the title XIX or XXI State plans; and (IV) shall establish a system under which the State shall record all transitions of children and pregnant women from coverage under the State plan under title XIX or the State child health plan under this title to coverage under a qualified health plan and from coverage under a qualified health plan to coverage under the State plan under title XIX or the State child health plan under this title and submit a report to the Secretary each fiscal quarter that includes data on the number of children and pregnant women who made such transitions in the preceding fiscal quarter. . (b) Certification requirement Section 2105(d)(3)(C) ( 42 U.S.C. 1397ee(d)(3)(C) (1) in the subparagraph heading, by striking Pediatric (2) by striking With respect to (i) In general With respect to ; (3) by inserting and pregnant women children (4) by striking are at least comparable to the benefits offered and cost-sharing protections provided under the State child health plan meet the comparability standards described in clause (ii) and the continuous coverage requirements described in clause (iii) (5) by adding at the end the following new clauses: (ii) Comparability standards The Secretary shall develop, in consultation with non-government stakeholder entities (including not less than 1 national non-profit organization focused on children's advocacy), comparability standards for qualified health plans seeking certification under clause (i). Such standards must include standards for the following areas: (I) Affordability The plan must be comparable to the State child health plan in terms of affordability, including premiums, deductibles, co-payments, co-insurance, medical home maintenance costs, and the cost of purchasing supplementary coverage for health benefits and services that are covered under the State child health plan but are not covered under the qualified health plan. (II) Benefits The plan must be comparable to the State child health plan in terms of pediatric and pregnancy-related benefits. (III) Network adequacy The plan must be comparable to the State child health plan in terms of access to appropriate providers of pediatric and pregnancy-related services, and must provide flexibility for children with special health care needs to remain in their medical home or seek appropriate pediatric sub-specialists. (iii) Continuous coverage requirements The Secretary shall require health plans seeking certification as qualified health plans for purposes of an American Health Benefits Exchange to ensure that— (I) with respect to a child or pregnant woman who is transitioning from coverage under a State child health plan or a State plan under title XIX— (aa) coverage under the qualified health plan shall be effective as of the 60-day period preceding the date on which the first premium payment is made for such coverage; (bb) coverage under the State child health plan or State plan under title XIX shall remain in effect during the 30-day period that precedes the 60-day period described in item (aa); (cc) the qualified health plan shall provide coverage for a child’s or a pregnant woman's medical home, regardless of whether the medical home provider is within the network of the plan, to allow the child or pregnant woman to finish a course of treatment for an acute illness or a treatment or surgery scheduled prior to the effective date for coverage under the plan under item (aa) or for a period of up to 90 days if, by the end of such period, the child or pregnant woman is enrolled with a medical home provider that is within the network of the plan; and (dd) in the case of a child or pregnant woman with a chronic or complex condition, the qualified health plan shall permit the child or pregnant woman to continue to receive treatment from a non-network provider for a transitional time that is not less than 90 days, or until the child or pregnant woman can be enrolled with an in-network provider; (II) similar requirements apply with respect to any child or pregnant woman who transitions from coverage under a qualified health plan to coverage under the State child health plan or the State plan under title XIX in accordance with subparagraph (B)(ii); and (III) a child or pregnant woman transitioning to or from coverage under the State child health plan or the State plan under title XIX and a qualified health plan is informed of the differences between the benefits available and cost-sharing imposed under the coverage the child or pregnant woman is transitioning from and into, and that the pregnant woman or the parent or guardian of the child has the option of electing to remain enrolled in whichever coverage is the most affordable or provides the best benefits for the child or pregnant woman for such period as the Secretary shall specify. . (c) Prohibition on transitioning CHIP-Eligible children No child who is eligible for coverage under CHIP shall be transitioned from a State child health plan to a qualified health plan unless that plan is certified under section 2105(d)(3)(C) of the Social Security Act (42 U.S.C. 1397ee(d)(3)(C)) (as amended by subsection (b)). (d) Minimum essential coverage (1) In general Section 5000A(f) (6) Pregnancy-related assistance under CHIP With respect to a targeted low-income pregnant woman (as defined in section 2112(d)(2) of the Social Security Act), notwithstanding paragraph (1)(A)(iii), the term minimum essential coverage . (2) Effective date The amendment made by this subsection applies to taxable years beginning after December 31, 2014. 203. Assuring coverage continuity for former foster care children (a) In general Section 1902(a)(10)(A)(i)(IX) ( 42 U.S.C. 1396a(a)(10)(A)(i)(IX) (1) in item (cc), by striking responsibility of the State responsibility of a State (2) in item (dd), by striking the State plan under this title or under a waiver of the a State plan under this title or under a waiver of such a (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. B Enrollment Simplification and Improvements 211. Automatic enrollment for newborns under CHIP (a) In general Section 2107(e)(1) ( 42 U.S.C. 1397gg(e)(1) (1) by redesignating subparagraphs (E) through (O) as subparagraphs (F) through (P), respectively; and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Section 1902(e)(4) (relating to automatic coverage for newborns through age 1). . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 212. Express Lane Eligibility extension and application to pregnant women, foster children, and children with special health care needs (a) In general Section 1902(e)(13) ( 42 U.S.C. 1396a(e)(13) (1) in subparagraph (A), by adding at the end the following new clause: (iii) State option to extend express lane eligibility to pregnant women At the option of the State, the State may apply the provisions of this paragraph with respect to determining eligibility under this title for a pregnant woman. In applying this paragraph in the case of a State electing such an option, any reference in this paragraph to a child with respect to this title (other than a reference to child health assistance) shall be deemed to be a reference to a pregnant woman. ; (2) in subparagraph (G), by adding at the end the following new sentence: Notwithstanding the age limit specified in the preceding sentence, such term includes an individual described in subsection (a)(10)(A)(i)(IX) and, at the option of the State, an individual described in section 2110(c)(1)(B). (3) by striking subparagraph (I). (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 213. Outreach to targeted populations (a) Outreach and enrollment grants Section 2113 ( 42 U.S.C. 1397mm (1) in subsection (a)(1), by striking during the period of fiscal years 2009 through 2015 (2) in subsection (g), by inserting and $40,000,000 for each fiscal year thereafter, 2015, (b) Outreach to non-English speakers and other populations (1) National enrollment campaign requirements Such section 2113 is amended— (A) in subsection (h), by striking Such campaign In addition to the requirements described in subsection (i), such campaign (B) by adding at the end the following subsection: (i) Required elements of national enrollment campaign Beginning with fiscal year 2015, each of the following initiatives shall be part of the national enrollment campaign: (1) Initiative to increase enrollment among individuals with limited English proficiency An initiative to increase enrollment in the State child health plan under this title or the State plan under title XIX of children from families that speak a primary language other than English that shall include— (A) language services, including oral interpreting and written translation services, for individuals with limited proficiency in English; and (B) other culturally appropriate efforts to increase enrollment of such children. (2) Initiative to increase enrollment of children in families with complex or multiple coverage sources An initiative to identify and increase enrollment in the State child health plan under this title or the State plan under title XIX of children from families who have multiple coverage sources or other coverage complexities, including children in foster care and children subject to a medical child support order. . (2) Increased reimbursement for State spending on language services (A) Medicaid Section 1903(a)(2)(E) ( 42 U.S.C. 1396b(a)(2)(E) 75 percent the higher of 90 percent or the sum of the enhanced FMAP (as defined in section 2105(b)) plus 5 percentage points (not to exceed 100 percent) (B) CHIP Section 2105(a)(1) ( 42 U.S.C. 1397ee(a)(1) the higher of 75 percent or the sum of the enhanced FMAP plus 5 percentage points the higher of 90 percent or the sum of the enhanced FMAP plus 5 percentage points (not to exceed 100 percent) (3) Requirement that managed care organizations provide language services to enrollees Section 1932(b) ( 42 U.S.C. 1396u–2(b) (9) Language services Each contract with a medicaid managed care organization under section 1903(m) shall require the organization to provide (at no cost to the individual) language services, including oral interpreting and written translation services, to any individual who is eligible for medical assistance under the State plan under this title and is enrolled with the organization and to a parent or guardian of such individual if such individual, parent, or guardian is in need of such services when interacting with the organization or with any provider receiving payment from the organization. . (4) Translation of applications and other vital documents (A) Medicaid Section 1902(a) ( 42 U.S.C. 1396a(a) (i) by striking and (ii) by striking the period at the end of paragraph (81) and inserting ; and (iii) by inserting after paragraph (81) the following new paragraph: (82) provide for the translation of all documents and materials necessary to make application for medical assistance under the plan, and such other documents and materials as the Secretary may specify, including any such documents and materials that are available via a website, into the primary language spoken by any limited English proficiency group in the State with a population of at least 1000 individuals or that constitutes 5 percent of the State population. . (B) CHIP Section 2107(e)(1), as amended by section 221, is amended— (i) by redesignating subparagraphs (E) through (P) as subparagraphs (F) through (Q), respectively; and (ii) by inserting after subparagraph (D) the following subparagraph: (E) Section 1902(a)(82) (relating to the translation of documents and materials). . (c) Primary language data collection (1) Data from eligible entities Section 2113(c)(4)(B) ( 42 U.S.C. 1397mm(c)(4)(B) under this title and title XIX, individual data on the primary language of enrollees under this title and title XIX (and for such enrollees who are minors or incapacitated, data on the primary language of their parents or guardians) enrollment data (2) Annual report (A) CHIP Section 2108 ( 42 U.S.C. 1397hh (i) by redesignating the subsection (e) added by section 501(e)(2) of Public Law 111–3 (ii) in paragraph (1) of the subsection (e) added by section 402 of Public Law 111–3 and primary language duration of benefits (B) Medicaid Section 1946(c) ( 42 U.S.C. 1396w–5(c) demographic data on health care disparities (d) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. III Affordability 301. Strengthened cost sharing protections under Medicaid and CHIP (a) Medicaid (1) In general Section 1916 ( 42 U.S.C. 1396o (A) in subsection (a)— (i) in subparagraph (E) of paragraph (2), by striking and (ii) in paragraph (3)— (I) by inserting subject to paragraph (4), any deduction (II) by striking the period at the end and inserting ; and (iii) by adding at the end the following new paragraph: (4) the total annual aggregate amount of any premium, enrollment fee, deduction, cost sharing, or similar charge imposed under the plan with respect to such individuals and their families shall not exceed 5 percent of the family income of the individual involved, as applied on a quarterly or monthly basis (as specified by the State). ; (B) in subsection (b)— (i) in subparagraph (E) of paragraph (2), by striking and (ii) in paragraph (3)— (I) by inserting subject to paragraph (4) any deduction (II) by striking the period at the end and inserting ; and (iii) by adding at the end the following new paragraph: (4) the total annual aggregate amount of any premium, enrollment fee, deduction, cost sharing, or similar charge imposed under the plan with respect to such individuals and their families shall not exceed 5 percent of the family income of the individual involved, as applied on a quarterly or monthly basis (as specified by the State). ; (C) in subsection (d), by inserting , and provided that the total annual aggregate amount of any such premium, and any enrollment fee, deduction, cost sharing, or similar charge imposed under the plan with respect to such individuals and their families shall not exceed 5 percent of the family income of the individual involved, as applied on a quarterly or monthly basis (as specified by the State) (D) by adding at the end the following new subsection: (k) Cost sharing tracking; suspension of charges; notification requirements (1) Tracking If the State plan imposes premiums, enrollment fees, deductions, cost sharing, or similar charges under this section that, together with any such charges imposed under section 1916A, could cause families to have out-of-pocket expenses that exceed a total aggregate cost sharing limit imposed under subsection (a)(4) or (b)(4) for the month or quarter (as specified by the State), the State shall establish a process for tracking and aggregating such expenses (including expenses incurred for separately administered benefits) that— (A) does not rely on documentation provided by the individual or the family; (B) is communicated in a manner designed to ensure the privacy of patient-related information; and (C) allows for coordination with managed care entities (as defined in section 1932(a)(1)(B)) that are under contract with the State. (2) Suspension of charges When a family reaches any limit for a period imposed on premiums, deductions, cost sharing, or similar charges under this section, no further premiums, deductions, cost sharing, or similar charges (or any portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of the period. (3) Notification requirements With respect to a limit imposed on premiums, deductions, cost sharing, or similar charges under this section the State plan shall provide for the notification of providers and each family to which such a limit applies— (A) of any such limit applicable to the family; (B) when the family has incurred out-of-pocket expenses up to any such limit; and (C) when a family reaches any such limit for a period, that the limit has been reached and that no further premiums, deductions, cost sharing, or similar charges (or portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of such month or quarter. (4) Reassessment process The State shall establish a process for families that include an individual who is eligible for and receiving medical assistance under the plan to request a reassessment of the family’s aggregate limit on premiums, deductions, cost sharing, or similar charges if the family has a change in circumstances, in accordance with criteria specified by the Secretary. (5) Application of requirements The requirements of this subsection shall apply in the same manner to limits imposed under subsections (c), (d), (g), and (i). . (2) State option for alternative premiums and cost sharing Section 1916A(b) ( 42 U.S.C. 1396o–1(b) (A) in paragraphs (1)(B)(ii) and (2)(A), by inserting or section 1916 subsection (c) or (e) (B) by adding at the end the following new paragraph: (7) Cost sharing tracking; suspension of charges; notification requirements (A) Tracking If the State plan imposes premiums or cost sharing under this section that, together with cost sharing imposed under section 1916, could cause families to have out-of-pocket expenses that exceed the total aggregate limit imposed under paragraph (1) or (2) of this subsection for a month or quarter (as specified by the State), the State shall establish a process for tracking and aggregating such expenses (including expenses for separately administered benefits) that— (i) does not rely on documentation provided by the individual or the family; (ii) is communicated in a manner designed to ensure the privacy of patient-related information; and (iii) allows for coordination with managed care entities (as defined in section 1932(a)(1)(B)) that are under contract with the State. (B) Suspension of charges When a family reaches any limit for a period imposed on premiums or cost sharing under this section, no further premiums or cost sharing (or any portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of the period. (C) Notification requirements With respect to a limit imposed on premiums or cost sharing under paragraph (1) or (2) of this subsection the State plan shall provide for the notification of providers and each family to which such a limit applies— (i) of any such limit applicable to the family; (ii) when the family has incurred out-of-pocket expenses up to any such limit; and (iii) when a family reaches such a limit for a period, that the limit has been reached and that no further premiums or cost sharing (or portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of such month or quarter. (D) Reassessment process The State shall establish a process for families that include an individual who is eligible for and receiving medical assistance under the plan to request a reassessment of the family’s aggregate limit on premiums, deductions, cost sharing, or similar charges if the family has a change in circumstances, in accordance with criteria specified by the Secretary. . (3) Managed care organizations Section 1932(a)(5) ( 42 U.S.C. 1396u–2(a)(5) (E) Coordination with providers on cost sharing The State shall require that a managed care entity with a contract with the State, as a condition of such contract, comply with the requirements of sections 1916 and 1916A (as applicable), for such individuals who are enrolled with the organization or entity and coordinate with the State with respect to tracking and aggregating an enrollee's family's out-of-pocket expenses for premiums, deductions, cost sharing, or similar charges. . (4) Conforming amendments Section 1916A(a)(2)(B) ( 42 U.S.C. 1396o–1(a)(2)(B) (A) by inserting and the tracking, suspension, and notification requirements under subsection (b)(7) shall apply (B) by inserting and requirements limitations (b) CHIP (1) In general Section 2103(e) ( 42 U.S.C. 1397cc(e) (A) by striking paragraphs (2) and (4); (B) by redesignating paragraph (3) as paragraph (2); (C) in paragraph (2) (as so redesignated)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (A) the following new subparagraphs: (B) No cost sharing for pregnancy-related assistance The State child health plan may not impose deductions, cost sharing, or similar charges with respect to pregnancy-related assistance. (C) Application of Medicaid cost sharing limits Subject to subparagraphs (A) and (B) and paragraph (3), the State child health plan may only impose deductions, cost sharing, or similar charges to the extent that such charges do not exceed the nominal limits set under section 1916(a)(3). ; and (D) by adding at the end the following new paragraph: (3) Additional requirements (A) In general Subject to paragraph (2)(A), any premiums, deductions, cost sharing, or similar charges imposed under the State child health plan for medical or dental benefits may be imposed on a sliding scale related to income, except that the total annual aggregate cost sharing imposed for such benefits with respect to all individuals in a family that includes a targeted low-income child or a targeted low-income pregnant woman under this title shall not exceed 5 percent of such family's income for the year involved. (B) Dental-only supplemental coverage With respect to dental-only supplemental coverage offered under section 2110(b)(5), the total annual aggregate cost sharing imposed for such coverage shall not exceed 5 percent of a family's income for the year involved, minus the amount the family is required to pay during such year in premiums, deductions, cost sharing, or similar charges for health care services for children in the family enrolled in a group health plan or health insurance coverage offered through an employer. (C) Tracking of expenses; suspension of charges; notice; reassessments If the State child health plan imposes premiums, deductions, cost sharing, or similar charges that could cause families that include a targeted low-income child or a targeted low-income pregnant woman to have out-of-pocket expenses that exceed the aggregate cost sharing limit imposed under subparagraph (A) for the year, the State shall— (i) establish a process for tracking and aggregating such expenses (including expenses incurred for separately administered benefits) that— (I) does not rely on documentation provided by the targeted low-income child, the targeted low-income pregnant woman, or the family; (II) is communicated in a manner designed to ensure the privacy of patient-related information; and (III) allows for coordination with managed care entities and managed care organizations that are under contract with the State; (ii) when a family reaches the aggregate cost-sharing limit for a year imposed under subparagraph (A), not impose any further premiums or cost sharing (or any portions thereof) on any targeted low-income child or targeted low-income pregnant woman in the family for the remainder of the year; (iii) notify providers and each family that includes a targeted low-income child or a targeted low-income pregnant woman— (I) of the annual aggregate limits on out-of-pocket expenses applicable to the family; (II) when the family has incurred out-of-pocket expenses up to the annual aggregate family limit imposed under subparagraph (A); and (III) when a family reaches the aggregate out-of-pocket expenses limit for a year, that the limit has been reached and that no further premiums, deductions, cost sharing, or similar charges (or portions thereof) shall be imposed on any targeted low-income child or targeted low-income pregnant woman in the family for the remainder of such year; and (iv) establish a process for families that include a targeted low-income child or a targeted low-income pregnant woman to request a reassessment of the family's annual aggregate limit on premiums, deductions, cost sharing, or similar charges if the family has a change in circumstances, in accordance with criteria specified by the Secretary. . (2) Managed care organizations Section 2103(f) ( 42 U.S.C. 1397cc(f) (4) Coordination with providers on cost sharing The State shall require that a managed care entity or a managed care organization with a contract with the State, as a condition of such contract, comply with the requirements of 2103(e) and coordinate with the State with respect to in tracking and aggregating an enrollee's family's out-of-pocket expenses for cost sharing as required under subsection (e)(3)(C). . (c) Conforming amendments (1) Section 2105(c)(10)(C)(i) ( 42 U.S.C. 1397ee(c)(10)(C)(i) paragraph (3)(B) of (2) Section 2112(b)(6) ( 42 U.S.C. 1397ll(b)(6) paragraph (3)(B) of IV Benefits 401. Preventive health services (a) Preventive health services (1) Medicaid Section 1905 (42 U.S.C. 1396d) is amended— (A) in subsection (a)(4)— (i) by striking and (D) (ii) by inserting before the semicolon at the end the following new subparagraph: ; and (E) preventive services described in subsection (ee) (B) by adding at the end the following new subsection: (ee) Preventive Services (1) In general For purposes of subsection (a)(4)(E), the preventive services described in this subsection are diagnostic, screening, and preventive services not otherwise described in subsection (a) or required by subsection (r) that the Secretary determines are appropriate for children or pregnant women entitled to medical assistance under this title, including— (A) evidence-based items or services that have in effect a rating of A B (B) with respect to pregnant women, immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved; (C) with respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration; and (D) with respect to women, such additional preventive care and screenings not described in this paragraph as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this paragraph. (2) Additional services Nothing in this subsection shall be construed to limit the application of any requirement of subsection (r) or to prohibit a State plan under this title from providing coverage for services in addition to those recommended by United States Preventive Services Task Force or to prohibit coverage of services. . (2) Elimination of cost-Sharing (A) Subsections (a)(2)(D) and (b)(2)(D) of section 1916 (42 U.S.C. 1396o) are each amended by inserting preventive services described in section 1905(ee), emergency services (as defined by the Secretary), (B) Section 1916A(a)(1) ( 42 U.S.C. 1396o–1(a)(1) , preventive services described in section 1905(ee), subsection (c) (3) Interval period for inclusion of new recommendations in State plans With respect to a recommendation issued on or after the date of enactment of this Act that adds new preventive services to the requirements described in subsection (ee) of section 1905 of the Social Security Act, the Secretary shall establish a maximum interval period, which shall not be longer than 6 months, between the date on which the recommendation is issued and the plan year for which a State plan for medical assistance under title XIX of the Social Security Act shall be required to include such preventive service. (b) CHIP Section 2103 ( 42 U.S.C. 1397cc (1) in subsection (a), in the matter preceding paragraph (1), by striking and (7) (7), and (8) (2) in subsection (c)— (A) by redesignating paragraph (8) as paragraph (9); and (B) by inserting after paragraph (7), the following new paragraph: (8) Preventive services The child health assistance provided to a targeted low-income child and pregnancy-related assistance provided to a targeted low-income pregnant woman shall include coverage of preventive services for children or pregnant women required under a State plan under title XIX under subsections (a)(4)(E) and (ee) of section 1905 and no deductible, cost sharing or similar charge shall be imposed under the State child health plan with respect to such services. . 402. Timely immunization coverage (a) Coverage for newly approved vaccines within 30 days (1) In general Section 1928(e) ( 42 U.S.C. 1396s(e) Each revision of the list established by such Advisory Committee shall apply to the purchase, delivery, and administration of pediatric vaccines under this section not later than 30 days after the date such Advisory Committee approves the revision. (2) Conforming amendment Section 2103(c)(1)(D) ( 42 U.S.C. 1397cc(c)(1)(D) in accordance with the schedule referred to in section 1928(c)(2)(B)(i) for pediatric vaccines immunizations (b) Treatment of CHIP-Eligible children as federally vaccine-Eligible children Section 1928(b)(2) ( 42 U.S.C. 1396s(b)(2) (1) in subparagraph (A)(i), by inserting or CHIP-eligible medicaid-eligible (2) in subparagraph (B), by striking clause (i) and inserting the following: (i) The term medicaid-eligible or CHIP-eligible child . (c) Coding for vaccine administration Section 1928 ( 42 U.S.C. 1396s (1) by striking subsection (g) and inserting: (g) Reserved ; and (2) in subsection (h)(6), by striking a vaccine each vaccine component (d) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. V Access and Quality A Pediatric Quality Measures 501. Extending the pediatric quality measures program (a) In general Section 1139A(i) (42 U.S.C. 1320b–9a(i)) is amended by inserting , and for each of fiscal years 2014 through 2019, $50,000,000, $45,000,000 (b) Effective date The amendment made by this section shall take effect on the date of enactment of this Act. 502. Improving the effectiveness of the pediatric quality measures (a) In general Section 1139A(b) (42 U.S.C. 1320b–9a(b)) is amended— (1) in paragraph (4)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (C) establish a program to continue and enhance pediatric quality measures program centers of excellence, which may include developing centers of excellence with a particular emphasis on patient and family experience and pediatric populations that are small in size and may be most effectively addressed by aggregating data across multiple States, including pediatric populations with medical complexity and pediatric populations with rare conditions. ; and (2) by amending paragraph (5) to read as follows: (5) Revising, strengthening, and improving initial core measures (A) In general The Secretary shall annually publish recommended changes to the core measures described in subsection (a) that— (i) are consistent with the purposes of the pediatric quality measures program established under paragraph (1); (ii) meet the conditions specified in paragraph (2); (iii) were developed by the Secretary in consultation with the entities specified in subparagraphs (A) through (H) of paragraph (3); and (iv) were developed, validated, or tested through a grant awarded under paragraph (4). (B) Additional recommended changes Beginning not later than 1 year after the date of enactment of the CHIP Extension Act of 2014 (i) to measure the type of children’s health insurance coverage or other health benefits coverage available over time, in addition to the presence, stability, and duration of such health insurance coverage or such health benefits coverage over time, for purposes of examining enrollment changes of a child from one type of coverage to another; (ii) to ensure that the measures reflect the care provided to the diverse pediatric population, including adolescents and children with special health care needs, and the management of acute and chronic conditions; (iii) to ensure that the measures reflect care provided in diverse health care settings, including both inpatient and ambulatory settings; (iv) to encourage the development, implementation, and stewardship of core measures that can be used at the State, hospital, practice, and plan levels, including a sustainable mechanism to maintain and disseminate such measures and collect and report data on such measures; and (v) to facilitate the adoption, dissemination, stewardship, and reporting of such measures as well as measures developed through the pediatric quality measures program at the State, hospital, practice, and plan levels and across different health care delivery and coverage systems, including coverage provided through the Exchanges established under title I of the Patient Protection and Affordable Care Act. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 503. Annual State reports regarding State-specific quality of care measures applied under Medicaid or CHIP (a) In general Section 1139A(c) (42 U.S.C. 1320b–9a(c)) is amended by adding at the end the following new paragraph: (3) Data collection and reporting on full set of core measures Beginning not later than 5 years after the date of enactment of this paragraph, the information reported under paragraph (1) shall include State-specific information on the full set of pediatric core measures. . (b) Effective date The amendment made by this section shall take effect on the date of enactment of this Act. 504. Advisory panel regarding pediatric quality (a) In general Section 1139A(g) (42 U.S.C. 1320b–9a(g)) is amended— (1) in the subsection heading, by striking Study of Studies and reports on (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following new paragraphs: (2) Expert panel The Secretary shall convene a panel, composed of health experts (including experts employed by the Federal Government and experts not so employed) to establish priorities and goals for child health as recommended in the report submitted under paragraph (1) by the Institute of Medicine. Such panel shall— (A) advise and make recommendations to the Secretary regarding changes that may be made to the core measures described in subsection (a); (B) establish standards for the timeliness and accuracy of data so collected and reported; and (C) review and make recommendations, on an annual basis, for strategies to enhance the timeliness, accuracy, and utility of the core measures. (3) Collecting and reporting full set of core measures Not later than 1 year after the date of enactment of this paragraph, the Secretary, in consultation with representatives of State agencies responsible for administering Medicaid and the State Children’s Health Insurance Program and representatives of relevant provider organizations, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report identifying— (A) strategies to address and overcome barriers to State collection of and reporting of the full set of pediatric core measures; (B) an analysis of the amount of Federal funding needed to incentivize States to collect and report on the full set of pediatric core measures; and (C) a standardized format and plan for States to collect and report on the full set of pediatric core measures. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 505. Extending and expanding demonstration projects (a) Strengthening demonstration projects for improving the quality of children’s health care and the use of health information technology Section 1139A(d) (42 U.S.C. 1320b–9a(d)) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by inserting , and during the period of fiscal years 2014 through 2019, the Secretary shall award not less than 10 grants, 10 grants (ii) by inserting (including oral care) health care (B) in subparagraph (C), by striking or (C) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: (E) examine and address barriers to effective delivery of perinatal care and its impact on birth outcomes and subsequent pregnancies and children’s health; (F) implement and expand pediatric and perinatal learning and quality improvement collaboratives on the quality of children’s and pregnant women’s health care, including improving patient outcomes, reducing health costs, and addressing health disparities; (G) encourage and evaluate the use at the State level of payment reform and related policy proposals for purposes of promoting higher quality of care for children, including the shared savings program established under section 1899 and other methods of encouraging integrated care models; or (H) with respect to the model electronic health record format for children developed and disseminated under subsection (f)— (i) assess the extent to which the format has been incorporated into widely used electronic health record formats; (ii) implement standards and activities that result in increased use of such format; and (iii) evaluate the impact of the increased use of such format. ; (2) in paragraph (2)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (C) with respect to grants awarded for projects described in paragraph (1)(F), such grants shall be awarded for projects that— (i) give priority to collaboratives that would have substantial impacts on the pediatric population by— (I) affecting a large percentage of such population or by substantially improving outcomes in a smaller population; (II) reducing the cost of health care for children, including children with medically complex illnesses or chronic conditions; (III) having a high likelihood to reduce disparities in health status; or (IV) potentially having long-term health impacts by addressing childhood precursors to adult conditions; and (ii) encourage coordination with other sources of funding in the expansion of pediatric learning collaboratives, including by coordinating care and utilizing community health workers (as defined in section 399V(k) of the Public Health Service Act ( 42 U.S.C. 280g–11(k) ; and (3) in paragraph (4)— (A) by inserting For each of fiscal years 2009 through 2013, $20,000,000 (B) by adding at the end the following new sentence: For each of fiscal years 2014 through 2019, $36,000,000 of the amount appropriated under subsection (i) for a fiscal year shall be used to carry out this subsection. (b) Extending funding for childhood obesity demonstration projects Section 1139A(e)(8) (42 U.S.C. 1320b–9a(e)(8)) is amended by inserting , and for the period of fiscal years 2015 through 2019, $25,000,000 2014 (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. B Maternal, Infant, and Early Childhood Home Visiting Program 511. Supporting evidence-based care coordination in communities (a) In general Section 511(j)(1) ( 42 U.S.C. 711(j)(1) (F) $400,000,000 for each of fiscal years 2015 through 2019. . (b) Prevention of duplicate appropriations for fiscal year 2015 Expenditures made pursuant to the amendments made by section 209 of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 (c) Effective date The amendment made by this section shall take effect on the date of enactment of this Act. C Comparative study of Medicaid, CHIP, and qualified health plans 521. GAO study and report (a) Study The Comptroller General of the United States shall conduct a study of each State in which individuals eligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (1) the number of such individuals enrolled in an employer-sponsored health plan to whom wraparound services are offered; (2) the number of such individuals enrolled in an employer-sponsored health plan who use wraparound services for any purpose during the plan year; (3) the average cost of wraparound services per individual enrolled in an employer-sponsored health plan who uses such services; (4) the number of such individuals with developmental disabilities 42 U.S.C. 15002(8) (5) the number of disabled individuals enrolled in an employer-sponsored health plan who use wraparound benefits for habilitative services, rehabilitative services, or home health services; (6) the number of such individuals enrolled in qualified health plans; (7) average premiums and cost-sharing per such individual enrolled in a qualified health plan; and (8) comparative data with respect to the benefits offered to such individuals under qualified health plans as compared to the benefits offered to such individuals under State plans under title XIX or XXI of the Social Security Act. (b) Reports Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the findings of the study conducted under subsection (a) that includes any recommendations or proposed legislation. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate an updated report on the findings of the study conducted under subsection (a) that includes any recommendations or proposed legislation. (c) Definitions For purposes of this section: (1) Qualified health plan The term qualified health plan Public Law 111–148 (2) Wraparound services The term wraparound services VI Budgetary Effects 601. Budgetary effect of this Act The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
CHIP Extension Act of 2014
Safeguarding Classrooms Hurt by ObamaCare's Obligatory Levies - Amends the Internal Revenue Code to exclude any elementary or secondary school, state or local educational agency, and institution of higher education from the definition of "applicable large employer" for purposes of the employer mandate to provide health care coverage for employees.
To amend the Internal Revenue Code of 1986 to exempt certain educational institutions from the employer health insurance mandate. 1. Short title This Act may be cited as the Safeguarding Classrooms Hurt by ObamaCare’s Obligatory Levies 2. Certain educational institutions exempt from employer health insurance mandate (a) In general Section 4980H(c)(2) (F) Exception for certain educational institutions The term applicable large employer (i) any elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), (ii) any local educational agency or State educational agency (as such terms are defined in section 9101 of such Act), and (iii) any institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965). . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013.
Safeguarding Classrooms Hurt by ObamaCare's Obligatory Levies
Keep Our Communities Safe Act of 2014 - Amends the Immigration and Nationality Act (INA) to revise requirements for the detention and removal of aliens ordered removed. Expresses the sense of Congress that: (1) constitutional rights should be upheld and protected, (2) Congress intends to uphold the constitutional principle of due process, and (3) due process of the law is a right afforded to everyone in the United States. Expands the authority of the Secretary of Homeland Security (DHS) to take a criminal alien into custody pending a determination of removability. Provides that the alien, unless eligible for bond release, may be detained without limitation until subject to a final order of removal. Limits the Attorney General's (DOJ) review of DHS custody determinations to whether the alien may be detained, released with no bond, or released on bond of at least $1,500. Limits the Attorney General's review of DHS custody determinations for an alien in certain categories to whether the alien was properly included in such category. Begins the removal period on the latest of: (1) the date the removal order becomes administratively final; (2) the date the alien is taken into DHS custody if the alien is not in DHS custody on the date the removal order becomes administratively final; or (3) if the alien is detained or confined (except under an immigration process) on the date the removal order becomes administratively final, the date the alien is taken into DHS custody after the alien is released from detention or confinement. Extends the removal (and detention) period beyond 90 days if: (1) the alien fails or refuses to comply with the removal order or to fully cooperate with DHS efforts to establish the alien's identity and carry out the removal order; (2) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien subject to a final removal order; (3) DHS transfers custody of the alien to another federal agency or to a state or local agency; or (4) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals while the case is pending a decision on remand. Begins a new removal period in the case of such an extended removal on the date: (1) the alien makes all reasonable efforts to comply with the removal order or to cooperate fully with DHS efforts to establish the alien's identity and carry out the removal order, (2) the stay of removal is no longer in effect, or (3) the alien is returned to DHS custody. Requires mandatory detention for an alien who is inadmissible or deportable under specified criminal or terrorist grounds. Directs the Secretary to establish a detention review process for cooperative aliens. Authorizes DHS to detain indefinitely, subject to six-month review, an alien under a removal order who cannot be removed if: (1) the alien will be removed in the reasonably foreseeable future; (2) the alien would have been removed but for his or her refusal to cooperate with DHS identification and removal efforts; (3) the alien has a highly contagious disease that poses a public safety threat; (4) release would have serious adverse foreign policy consequences or would threaten national security; or (5) release would threaten the safety of the community or any person and the alien has been convicted of either one or more aggravated felonies or crimes of violence and, because of a mental or personality condition, is likely to engage in future acts of violence.
To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, and for other purposes. 1. Short title This Act may be cited as the Keep Our Communities Safe Act of 2014 2. Sense of Congress It is the sense of Congress that— (1) Constitutional rights should be upheld and protected; (2) Congress intends to uphold the Constitutional principle of due process; and (3) due process of the law is a right afforded to everyone in the United States. 3. Detention of dangerous aliens during removal proceedings Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) by striking Attorney General Secretary of Homeland Security (2) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting the Secretary of Homeland Security or the Attorney General— (B) in paragraph (2)(B), by striking conditional parole recognizance (3) in subsection (b)— (A) in the subsection heading, by striking parole recognizance (B) by striking parole recognizance (4) in subsection (c)(1), by striking the undesignated matter following subparagraph (D) and inserting the following: any time after the alien is released, without regard to whether an alien is released related to any activity, offense, or conviction described in this paragraph; to whether the alien is released on parole, supervised release, or probation; or to whether the alien may be arrested or imprisoned again for the same offense. If the activity described in this paragraph does not result in the alien being taken into custody by any person other than the Secretary, then when the alien is brought to the attention of the Secretary or when the Secretary determines it is practical to take such alien into custody, the Secretary shall take such alien into custody. ; (5) in subsection (e), by striking Attorney General’s Secretary of Homeland Security’s (6) by adding at the end the following: (g) Length of detention (1) Notwithstanding any other provision of this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (i), until the alien is subject to a final order of removal. (2) The length of detention under this section shall not affect a detention under section 241. (h) Administrative review (1) Limitation The Attorney General’s review of the Secretary’s custody determinations under subsection (a) shall be limited to whether the alien may be detained, released on bond (of at least $1,500 with security approved by the Secretary), or released with no bond. Any review involving an alien described in paragraph (2)(D) shall be limited to a determination of whether the alien is properly included in such category. (2) Classes of aliens The Attorney General shall review the Secretary’s custody determinations for the following classes of aliens: (A) Aliens in exclusion proceedings. (B) Aliens described in sections 212(a)(3) and 237(a)(4). (C) Aliens described in subsection (c). (D) Aliens in deportation proceedings subject to section 242(a)(2) (as in effect between April 24, 1996 and April 1, 1997). (i) Release on bond (1) In general An alien detained under subsection (a) may seek release on bond. No bond may be granted except to an alien who establishes by clear and convincing evidence that the alien is not a flight risk or a risk to another person or the community. (2) Certain aliens ineligible No alien detained under subsection (c) may seek release on bond. . 4. Aliens ordered removed Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (1) by striking Attorney General Secretary of Homeland Security (2) in paragraph (1)— (A) by amending subparagraphs (B) and (C) to read as follows: (B) Beginning of period The removal period begins on the latest of— (i) the date on which the order of removal becomes administratively final; (ii) the date on which the alien is taken into such custody if the alien is not in the custody of the Secretary on the date on which the order of removal becomes administratively final; and (iii) the date on which the alien is taken into the custody of the Secretary after the alien is released from detention or confinement if the alien is detained or confined (except for an immigration process) on the date on which the order of removal becomes administratively final. (C) Suspension of period (i) Extension The removal period shall be extended beyond a period of 90 days and the Secretary may, in the Secretary’s sole discretion, keep the alien in detention during such extended period, if— (I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal; (II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; (III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or (IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand). (ii) Renewal If the removal period has been extended under clause (i), a new removal period shall be deemed to have begun on the date on which— (I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order; (II) the stay of removal is no longer in effect; or (III) the alien is returned to the custody of the Secretary. (iii) Mandatory detention for certain aliens The Secretary shall keep an alien described in subparagraphs (A) through (D) of section 236(c)(1) in detention during the extended period described in clause (i). (iv) Sole form of relief An alien may only seek relief from detention under this subparagraph by filing an application for a writ of habeas corpus in accordance with chapter 153 ; (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by inserting or is not detained pursuant to paragraph (6) the removal period (B) by amending subparagraph (D) to read as follows: (D) to obey reasonable restrictions on the alien’s conduct or activities that the Secretary prescribes for the alien— (i) to prevent the alien from absconding; (ii) for the protection of the community; or (iii) for other purposes related to the enforcement of Federal immigration laws. ; (4) in paragraph (4)(A), by striking paragraph (2) subparagraph (B) (5) by amending paragraph (6) to read as follows: (6) Additional rules for detention or release of certain aliens (A) Detention review process for cooperative aliens established (i) In general The Secretary shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, and who has not conspired or acted to prevent removal should be detained or released on conditions. (ii) Determination The Secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B), which— (I) shall include consideration of any evidence submitted by the alien; and (II) may include consideration of any other evidence, including— (aa) any information or assistance provided by the Secretary of State or other Federal official; and (bb) any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. (B) Authority to detain beyond removal period (i) In general The Secretary of Homeland Security may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall not have the right to seek release on bond. (ii) Specific circumstances The Secretary of Homeland Security may continue to detain an alien beyond the 90 days authorized under clause (i)— (I) until the alien is removed, if the Secretary determines that there is a significant likelihood that the alien— (aa) will be removed in the reasonably foreseeable future; (bb) would be removed in the reasonably foreseeable future; or (cc) would have been removed if the alien had not— (AA) failed or refused to make all reasonable efforts to comply with the removal order; (BB) failed or refused to cooperate fully with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure; or (CC) conspired or acted to prevent removal; (II) until the alien is removed, if the Secretary of Homeland Security certifies in writing— (aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; (bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; (cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or (dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or of any person; and (AA) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)) or of 1 or more crimes identified by the Secretary of Homeland Security by regulation, or of 1 or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed 1 or more crimes of violence (as defined in section 16 (III) pending a certification under subclause (II), if the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)). (iii) No right to bond hearing An alien whose detention is extended under this subparagraph shall not have a right to seek release on bond, including by reason of a certification under clause (ii)(II). (C) Renewal and delegation of certification (i) Renewal The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). (ii) Delegation Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. (iii) Hearing The Secretary of Homeland Security may request that the Attorney General or the Attorney General’s designee provide for a hearing to make the determination described in subparagraph (B)(ii)(II)(dd)(BB). (D) Release on conditions If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security may impose conditions on release as provided under paragraph (3). (E) Redetention (i) In general The Secretary of Homeland Security, without any limitations other than those specified in this section, may detain any alien subject to a final removal order who is released from custody if— (I) removal becomes likely in the reasonably foreseeable future; (II) the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph (A); or (III) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (B). (ii) Applicability This section shall apply to any alien returned to custody pursuant to this subparagraph as if the removal period terminated on the day of the redetention. (F) Review of determinations by secretary A determination by the Secretary under this paragraph shall not be subject to review by any other agency. . 5. Severability If any of the provisions of this Act, any amendment made by this Act, or the application of any such provision to any person or circumstance, is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions and amendments made by this Act to any other person or circumstance shall not be affected by such holding. 6. Effective dates (a) Apprehension and detention of aliens The amendments made by section 3 shall take effect on the date of the enactment of this Act. Section 236 of the Immigration and Nationality Act, as amended by section 3, shall apply to any alien in detention under the provisions of such section on or after such date of enactment. (b) Aliens ordered removed The amendments made by section 4 shall take effect on the date of the enactment of this Act. Section 241 of the Immigration and Nationality Act, as amended by section 4, shall apply to— (1) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (2) acts and conditions occurring or existing before, on, or after such date of enactment.
Keep Our Communities Safe Act of 2014
National Bison Legacy Act - Adopts the North American bison as the national mammal of the United States.
To adopt the bison as the national mammal of the United States. 1. Short title This Act may be cited as the National Bison Legacy Act 2. Findings Congress finds that— (1) bison are considered a historical symbol of the United States; (2) bison were integrally linked with the economic and spiritual lives of many Indian tribes through trade and sacred ceremonies; (3) there are more than 60 Indian tribes participating in the Intertribal Buffalo Council; (4) numerous members of Indian tribes are involved in bison restoration on tribal land; (5) members of Indian tribes have a combined herd on more than 1,000,000 acres of tribal land; (6) the Intertribal Buffalo Council is a tribal organization incorporated pursuant to section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act 25 U.S.C. 477 (7) bison can play an important role in improving the types of grasses found in landscapes to the benefit of grasslands; (8) a small group of ranchers helped save bison from extinction in the late 1800s by gathering the remnants of the decimated herds; (9) bison hold significant economic value for private producers and rural communities; (10) according to the 2012 Census of Agriculture of the Department of Agriculture, as of 2012, 162,110 head of bison were under the stewardship of private producers, creating jobs and providing a sustainable and healthy meat source contributing to the food security of the United States; (11) a bison is portrayed on 2 State flags; (12) the bison has been adopted by 3 States as the official mammal or animal of those States; (13) a bison has been depicted on the official seal of the Department of the Interior since 1912; (14) the buffalo nickel played an important role in modernizing the currency of the United States; (15) several sports teams have the bison as a mascot, which highlights the iconic significance of bison in the United States; (16) on December 8, 1905, William Hornaday, Theodore Roosevelt, and others formed the American Bison Society in response to the near extinction of bison in the United States; (17) on October 11, 1907, the American Bison Society sent 15 captive-bred bison from the New York Zoological Park, now known as the Bronx Zoo Wichita Mountains Wildlife Refuge (18) in 2005, the American Bison Society was reestablished, bringing together bison ranchers, managers from Indian tribes, Federal and State agencies, conservation organizations, and natural and social scientists from the United States, Canada, and Mexico to create a vision for the North American bison in the 21st century; (19) there are bison herds in National Wildlife Refuges and National Parks; (20) there are bison in State-managed herds across 11 States; (21) there is a growing effort to celebrate and officially recognize the historical, cultural, and economic significance of the North American bison to the heritage of the United States; (22) in the 1st session of the 113th Congress, 25 Senators led a successful effort to enact a resolution to designate November 2, 2013, as the second annual National Bison Day; and (23) members of Indian tribes, bison producers, conservationists, sportsmen, educators, and other public and private partners have participated in the annual National Bison Day celebration at several events across the United States and are committed to continuing this tradition annually on the first Saturday of November. 3. Establishment and adoption of the north american bison as the national mammal The mammal commonly known as the North American bison
National Bison Legacy Act
Albuquerque Indian School Land Transfer Act - Directs the Secretary of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 (NEPA) have been satisfied regarding the trust acquisition of such federal land. Requires the federal lands taken into trust to be used for the educational, health, cultural, business, and economic development of the 19 pueblos. Requires the federal lands taken into trust to remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs (BIA) to continue to use the federal lands taken into trust for the facilities and purposes as in existence on this Act's enactment date. Prohibits gaming from being carried out on the federal lands taken into trust under this Act.
To require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico. 1. Short title This Act may be cited as the Albuquerque Indian School Land Transfer Act 2. Definitions In this Act: (1) 19 Pueblos The term 19 Pueblos (A) Acoma; (B) Cochiti; (C) Isleta; (D) Jemez; (E) Laguna; (F) Nambe; (G) Ohkay Owingeh (San Juan); (H) Picuris; (I) Pojoaque; (J) San Felipe; (K) San Ildefonso; (L) Sandia; (M) Santa Ana; (N) Santa Clara; (O) Santo Domingo; (P) Taos; (Q) Tesuque; (R) Zia; and (S) Zuni. (2) Map The term map Bureau of Indian Affairs—Southwest Region Division of Land Titles & Records: BLM Surveys Within Town of Albuquerque Grant—Albuquerque Indian School (2) Map The term map The Town of Albuquerque Grant, Bernalillo County, within Township 10 North, Range 3 East, of the New Mexico Principal Meridian, New Mexico—Metes and Bounds Survey (3) Secretary The term Secretary 3. Land taken into trust for benefit of 19 Pueblos (a) Action by Secretary (1) In general The Secretary shall take into trust all right, title, and interest of the United States in and to the Federal land described in subsection (b) for the benefit of the 19 Pueblos immediately after the Secretary determines that the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Administration The Secretary shall— (A) take such action as the Secretary determines to be necessary to document the transfer under paragraph (1); and (B) appropriately assign each applicable private and municipal utility and service right or agreement. (b) Description of land The Federal land referred to in subsection (a)(1) is the 4 tracts of Federal land, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School, more particularly described as follows: (1) Abandoned Indian School Road The approximately 0.83 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (2) Southern part tract D The approximately 6.18 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (3) Tract 1 The approximately 0.41 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (4) Western part tract B The approximately 3.69 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, Mexico, as identified on the map. (c) Survey The Secretary shall conduct a survey of the Federal land to be transferred consistent with subsection (b) and may make minor corrections to the survey and legal description of the Federal land described in subsection (b) as the Secretary determines to be necessary to correct clerical, typographical, and surveying errors. (d) Use of land The Federal land taken into trust under subsection (a) shall be used for the educational, health, cultural, business, and economic development of the 19 Pueblos. (e) Limitations and conditions The Federal land taken into trust under subsection (a) shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of enactment of this Act. (f) Bureau of Indian Affairs use (1) In general The 19 Pueblos shall allow the Bureau of Indian Affairs to continue to use the land taken into trust under subsection (a) for the facilities and purposes as in existence on the date of enactment of this Act, in accordance with paragraph (2). (2) Requirements The use by the Bureau of Indian Affairs under paragraph (1) shall— (A) be free of any rental charge; and (B) continue until such time as the Secretary determines there is no further need for the existing Bureau of Indian Affairs facilities. 4. Effect of other laws (a) In general Subject to subsection (b), Federal land taken into trust under section 3(a) shall be subject to Federal laws relating to Indian land. (b) Gaming No class I gaming, class II gaming, or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 August 26, 2014 Reported with amendments
Albuquerque Indian School Land Transfer Act
Amends the International Religious Freedom Act of 1998 to include the desecration of cemeteries among the forms of violations of the right to religious freedom in many countries around the world.
To amend the International Religious Freedom Act of 1998 to include the desecration of cemeteries among the many forms of violations of the right to religious freedom. 1. Findings Congress finds the following: (1) Cemeteries are sacred sites that are of great spiritual, cultural, and historical significance to many religious and ethnic groups. (2) Congress is committed to protecting and preserving the heritage and sacred sites of national, religious, and ethnic groups, which include cemeteries in the United States and abroad. (3) Cemeteries around the world have, and continue to be, defaced or destroyed as a direct result of their affiliation with a particular religious or spiritual group. (4) Such attacks constitute an assault on the fundamental right to freedom of religion, and are especially egregious when sponsored or tolerated by the local or national governments in the countries in which such offenses occur. 2. Amendment to the International Religious Freedom Act of 1998 Section 2(a)(4) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a)(4) desecration of cemeteries, confiscations of property,
A bill to amend the International Religious Freedom Act of 1998 to include the desecration of cemeteries among the many forms of violations of the right to religious freedom.
Continuing Care for Veterans Act of 2014 - Prohibits the Secretary of Veterans Affairs (VA) from altering the health care available to a veteran who is enrolled in the VA health care system or the amount of time that veteran has to wait for an appointment for such care based solely on the length of time since he or she last received health care from the VA.
To prohibit the Secretary of Veterans Affairs from altering available health care and wait times for appointments for health care for certain veterans, and for other purposes. 1. Short title This Act may be cited as the Continuing Care for Veterans Act of 2014 2. Prohibition on altering available health care and wait times for appointments for health care for certain veterans The Secretary of Veterans Affairs may not alter the hospital care, medical services, or other health care available to a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, or the amount of time such veteran is required to wait for an appointment for such care or services based solely on the length of time since such veteran has last received such care or services from the Department.
Continuing Care for Veterans Act of 2014
Veterans Emergency Health Care Safety Net Expansion Act of 2014 - Eliminates the requirement limiting reimbursement for emergency treatment in a non-Department of Veterans Affairs (VA) facility to veterans who are active participants in the VA's health care system. Requires the veteran to be an enrollee in the VA's patient enrollment system. Treats the VA as a participating provider for purposes of allowing the VA to recover the costs it incurs in providing care to a veteran for a non-service connected disability that is covered under the veteran's health plan contract.
To amend title 38, United States Code, to expand eligibility for reimbursement for emergency medical treatment and to require that the Department of Veterans Affairs be treated as a participating provider for the recovery of the costs of certain medical care, and for other purposes. 1. Short title This Act may be cited as the Veterans Emergency Health Care Safety Net Expansion Act of 2014 2. Expansion of emergency medical treatment reimbursement for certain veterans Section 1725(b) (1) in paragraph (1), by striking an active Department health-care participant enrolled in the health care system established under section 1705(a) of this title (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). 3. Treatment of Department of Veterans Affairs as participating provider for recovery of costs of certain medical care Section 1729(f) (f) No law (f) (1) In the case of a veteran who is entitled to care (or payment of the expenses of care) under a health-plan contract, for purposes of reimbursement for providing care or services under this chapter to that veteran for a non-service-connected disability described in subparagraph (D) or (E) of subsection (a)(2), the Department shall be treated as a participating provider under that health-plan contract. (2) No law .
Veterans Emergency Health Care Safety Net Expansion Act of 2014
Government Services Accessibility Act or the GSA Act - Prohibits the Administrator of the General Services Administration (GSA) from leasing a building for a federal agency unless the Administrator determines that the building to be leased would satisfy requirements relating to access to public transportation, including any requirement that the building is located not greater than a certain distance from public transportation that operates regularly throughout the building's normal business hours.
To amend title 40, United States Code, to require that the Administrator of General Services verify that a building to be leased to accommodate a Federal agency is located a certain distance from public transportation before entering into the lease agreement. 1. Short title This Act may be cited as the Government Services Accessibility Act GSA Act 2. Lease agreements Section 585(a) (3) Distance to public transportation (A) Definition of public transportation In this paragraph, the term public transportation section 5302 (B) Determination The Administrator of General Services shall not enter into a lease agreement under paragraph (1) unless the Administrator determines that— (i) the building (or improvement) to be leased would satisfy any requirement concerning access to public transportation listed in a proposed short form lease or solicitation for offers provided to each prospective offeror in accordance with section 570.203–3 of the Federal Acquisition Regulation (or successor regulations); and (ii) if the short form lease or solicitation for offers contains a requirement concerning access to public transportation, the building (or improvement) is located not greater than a certain distance from public transportation that operates regularly throughout the normal business hours of the building (or improvement). .
GSA Act
New Mexico Drought Relief Act of 2014 - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation (Secretary), to carry out a water acquisition program in specified basins in New Mexico, under which the Secretary shall: (1) make acquisitions of water; and (2) take any other actions that the Secretary determines would enhance stream flow to benefit fish and wildlife, water quality, and river ecosystem restoration or enhance stewardship and conservation of working land, water, and watersheds. Authorizes the Secretary, in cooperation with the Middle Rio Grande Conservancy District, to provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions, canals, laterals, ditches, and drains to: (1) ensure the conservation and efficient use of water within the District by reducing actual consumptive use or not increasing the use of water, and (2) improve the measurement and allocation of water acquired through the water acquisition program. Requires the Secretary to provide for development of a comprehensive plan for the San Acacia reach to plan, design, construct, and prioritize projects that balance river maintenance, water availability, use, and delivery, and ecosystem benefits. Requires the Secretary of the Army to continue for five years the temporary deviation in the operation of Cochiti Lake and Jemez Canyon Dam that was initiated in 2009 to evaluate the benefits of a potential permanent reauthorization of the reservoirs. Requires the Secretaries to enter into an arrangement with the National Academy of Sciences to study water and reservoir management and operation issues along the Rio Grande. Authorizes financial assistance to be made available for eligible water projects to help New Mexico and other Western states address drought-related impacts to water supplies or any other immediate water-related crisis or conflict. Amends the Omnibus Public Land Management Act of 2009 (OPLMA) to: (1) authorize the use of water management improvement grants to assist applicants in planning for or addressing the impacts of drought, (2) authorize the Commissioner of Reclamation to waive any cost-share requirements to address emergency drought situations and to prioritize projects based on drought relief benefits, and (3) authorize appropriations for such grants. Reauthorizes appropriations for: (1) the Reclamation States Emergency Drought Relief Act of 1991, and (2) Rio Grande Pueblos infrastructure grants under OPLMA. Authorizes the Secretary of Agriculture (USDA) to allocate certain financial assistance made available under the Food Security Act of 1985 (FSA) to establish special conservation initiatives to assist producers in implementing eligible activities on agricultural land in the western states for: (1) mitigating the effects of drought; (2) improving water quality and quantity; (3) restoring, enhancing, and preserving fish and wildlife habitat; and (4) promoting innovative and collaborative conservation tools and approaches. Amends the FSA to provide that areas eligible for designation as conservation priority areas shall include areas with actual and significant water quantity impacts related to agricultural production activities.
To provide for drought relief measures in the State of New Mexico, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the New Mexico Drought Relief Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Water acquisition program. Sec. 4. Water conservation. Sec. 5. Middle Rio Grande peak flow restoration. Sec. 6. National Academy of Sciences study. Sec. 7. Emergency funding. Sec. 8. Secure Water Act reauthorization. Sec. 9. Reclamation States Emergency Drought Relief Act reauthorization. Sec. 10. Rio Grande Pueblo irrigation infrastructure reauthorization. Sec. 11. Regional conservation partnership program. Sec. 12. Conservation reserve program. Sec. 13. Effect on State law. 2. Definitions In this Act: (1) Basin The term Basin (A) the Upper Rio Grande Basin; (B) the Middle Rio Grande Basin; (C) the Lower Rio Grande Basin; (D) the Lower Pecos River Basin; (E) the Gila River Basin; (F) the Canadian River Basin; (G) the San Francisco River Basin; and (H) the San Juan River Basin. (2) District The term District (3) Pueblo The term Pueblo (A) Cochiti. (B) Santo Domingo. (C) San Felipe. (D) Santa Ana. (E) Sandia. (F) Isleta. (4) Secretaries The term Secretaries (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (5) Secretary The term Secretary (6) State The term State 3. Water acquisition program (a) In general The Secretary, acting through the Commissioner of Reclamation, shall carry out in the Basins a water acquisition program in coordination with the other appropriate Federal agencies, State agencies, and non-Federal stakeholders, under which the Secretary shall— (1) make acquisitions of water in the Basins; and (2) take any other actions that the Secretary determines would achieve the purposes of the water acquisition program described in subsection (b). (b) Purposes The purposes of the water acquisition program are— (1) to enhance stream flow to benefit fish and wildlife (including endangered species), water quality, and river ecosystem restoration in the Basins; and (2) to enhance stewardship and conservation of working land, water, and watersheds in the Basins, consistent with the purpose described in paragraph (1). (c) Coordination To assist in developing and administering the program, the Secretary may provide funds to a federally established nonprofit entity with particular expertise in western water transactions. (d) District projects Subject to State law, the Secretary may develop programs to provide— (1) cost-share assistance to the District or agricultural producers and irrigators in the District for making irrigation system improvements that increase system efficiency; (2) for the use of agricultural leasing agreements to allow the District to provide water for the purpose of providing benefits to species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) cost-share assistance to the District to implement infrastructure or operational changes that will allow for effective management of a leasing program, while maintaining adequate water deliveries to other agricultural producers and irrigators. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. 4. Water conservation (a) In general The Secretary, in cooperation with the District and in consultation with the Pueblos, may provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions, canals, laterals, ditches, and drains— (1) to ensure the conservation and efficient use of water within the District by reducing actual consumptive use or not increasing the use of water; and (2) to improve the measurement and allocation of water acquired through the water acquisition program established under section 3. (b) Rio Grande, San Acacia reach (1) In general The Secretary shall provide for development of a comprehensive plan for the San Acacia reach to plan, design, construct and prioritize projects that balance river maintenance, water availability, use, and delivery, and ecosystem benefits, including— (A) planning, permitting, and construction of a pumping station at Bosque del Apache National Wildlife Refuge for the purpose of more efficiently using water to provide— (i) a stable supply for the Refuge; and (ii) additional water to the Rio Grande for the benefit of the endangered silvery minnow and Southwestern willow flycatcher; (B) planning, permitting, and construction of a channel realignment project near the Rio Grande mile-83 for the purpose addressing channel aggradation while maintaining floodplain connectivity; (C) planning, permitting, and construction of a controlled outlet for the low flow conveyance channel to the Rio Grande between Fort Craig, New Mexico and Rio Grande mile-60 for the purpose of water use and delivery, enhancement and development of habitat areas, and possible creation of a single-channel river ecosystem; (D) planning, permitting, and modification or possible removal of the San Acacia Diversion Dam for purposes of reducing habitat fragmentation and securing fish passage, including channel restoration as necessary, while ensuring adequate water supplies for irrigators; and (E) development of a San Acacia reach study to identify additional projects and maintenance activities with water use and delivery and ecosystem benefits and prioritize implementation of all projects and activities. (2) Public participation In carrying out this subsection, the Secretary shall provide a process for public participation and comment during plan development and alternative analysis. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $18,000,000. 5. Middle Rio Grande peak flow restoration (a) In general During the 5-year period beginning on the date of enactment of this Act, the Secretary of the Army shall continue the temporary deviation in the operation of Cochiti Lake and Jemez Canyon Dam that was initiated in 2009 to evaluate the benefits of a potential permanent reauthorization of the reservoirs. (b) Goals The deviation mandated under subsection (a) shall provide for the detention and release of native Rio Grande water and San Juan-Chama Project water with the goals of— (1) restoring natural river processes to the Rio Grande, including a Spring peak flow to the Rio Grande; (2) increasing the spawning and recruitment of endangered Rio Grande silvery minnows; (3) creating overbanking flows that are necessary— (A) to maintain a healthy bosque; and (B) to support habitat for the Southwestern willow flycatcher and other wildlife; and (4) maintaining channel capacity. (c) Monitoring The Secretary of the Army, in cooperation with the Secretary and other members of the Middle Rio Grande Endangered Species Collaborative Program, shall— (1) monitor the environmental effects, benefits, and results of the deviation mandated under this section; and (2) compile any data necessary to evaluate the need for further amendment to the authorizations and water control manuals for Cochiti Lake or Jemez Canyon Dam. (d) Consultation required Before implementing the proposed deviation under this section, as required by the applicable water control manuals, the Secretary of the Army shall first obtain approval from— (1) Pueblo de Cochiti regarding the effect of the deviation on the easement of Pueblo de Cochiti; (2) Pueblo of Santa Ana; and (3) the Rio Grande Compact Commission. (e) Reports The Secretary of the Army shall prepare and submit to Congress— (1) for each year in which the deviation is being carried out under this section, annual reports that describe the data compiled under subsection (c)(2); and (2) at the end of the period described in subsection (a), a final, cumulative report that summarizes the data obtained during that period. 6. National Academy of Sciences study (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of the Army and the Secretary shall enter into an arrangement with the National Academy of Sciences to carry out a study on water and reservoir management and operation issues along the Rio Grande (including the Heron, El Vado, Abiquiu, Cochiti, Jemez Canyon, Elephant Butte, and Caballo Dams and Reservoirs), which shall include— (1) an evaluation of existing Rio Grande reservoir authorizations and legal requirements; (2) a summary of— (A) the physical-hydrologic understanding of existing Rio Grande reservoir operations; and (B) any potential constraints on the Rio Grande reservoir in light of climate change projections; (3) an identification of opportunities to optimize water management to benefit the Rio Grande ecosystem, irrigators and municipal users, and to promote water conservation through reauthorization of, reoperation of, or physical improvements to the reservoirs; (4) an evaluation of the physical-hydrologic feasibility of the identified future reservoir management scenarios; (5) an identification of water use, supply, and accounting impacts to other stakeholders in the State; (6) consideration of operations such as— (A) the storage of supplemental water acquired by and under the control of the Bureau of Reclamation; (B) the carryover storage of San Juan-Chama Project contract water and Pueblo Prior and Paramount operation water; (C) changes in timing of water released to offset municipal pumping; (D) changes in the timing of storage and release of floodwaters; (E) the reduction of evaporative losses from reservoirs; (F) conservation of water resulting from irrigation operation changes; (G) the impacts of deliveries of New Mexico Rio Grande Compact water; (H) the impacts of management and operations on recreation and hydropower; (I) the impacts of management and operations on the Rio Grande ecosystem and the habitats that support species listed under the Endangered Species Act of 1973 (J) any other factors the Academy determines to be necessary for purposes of fully evaluating opportunities to achieve greater water conservation, drought resiliency, and ecological health; and (7) recommendations for future management scenarios and measures that Congress should take to assist the agencies in establishing more flexible operating procedures to improve the performance of reservoir operations in accommodating multiple purposes. (b) Cosponsors The Secretary of the Army and the Secretary may solicit cosponsors for the study under subsection (a), as appropriate, including State or private organizations. (c) Public availability of study On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study. (d) Report Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary of the Army and the Secretary a report that contains a summary of the results of the study conducted under this section. (e) Due deference The Secretary of the Army and the Secretary shall provide for due deference to the study and report prepared under this section in water management activities undertaken by the Secretary of the Army and the Secretary in the Rio Grande. 7. Emergency funding (a) Financial assistance (1) In general Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2201 et seq. 16 U.S.C. 3801 et seq. (2) Additional availability Financial assistance may be made available under this section to organizations and entities, including tribal governments, that are engaged in collaborative processes to restore the environment or are part of a basin-wide solution for restoration. (b) Types of assistance Assistance under subsection (a) shall include a range of projects, including— (1) the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection; (2) the installation of drought-relief groundwater wells for Indian tribes and in wildlife refuges and other areas; (3) the acquisition or assistance in the acquisition of water from willing sellers to enhance stream flow for the benefit of fish and wildlife (including endangered species), water quality, river ecosystem restoration, and other beneficial purposes; (4) agricultural and urban conservation and efficiency projects providing multiple water supply benefits; (5) exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years; (6) maintenance of cover crops to prevent public health impacts from severe dust storms; (7) emergency pumping projects for critical health and safety purposes; (8) activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims; (9) the use of new or innovative on-farm water conservation technologies or methods that may— (A) assist in sustaining permanent crops in areas with severe water shortages; and (B) make water available for other beneficial uses; (10) activities that protect, restore, or enhance fish and wildlife habitat or otherwise improve environmental conditions, including water quantity or quality concerns and improved fish passage; (11) activities reducing or preventing groundwater depletion or promoting groundwater recharge; (12) technical assistance to improve existing irrigation practices to provide water supply benefits; (13) the investigation of, and pilot projects for, brackish water development and aquifer storage and recovery; (14) the lining of irrigation ditches and canals to reduce water loss and improve efficiency; (15) assistance to municipal water management entities for water supply planning in preparation for and in response to dry, critically dry, and below normal water years, including— (A) hydrological forecasting; (B) identification of alternative water supply sources; and (C) guidance on potential water transfer partners; and (16) any other assistance the Secretary determines to be necessary to increase available water supplies, maintain the health of river ecosystems, or mitigate drought impacts. 8. Secure Water Act reauthorization Section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 (1) in subsection (a)— (A) in paragraph (1)(H)— (i) in clause (i), by striking or (ii) in clause (ii), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (iii) to plan for or address the impacts of drought. ; and (B) in paragraph (3)(E), by adding at the end the following: (v) Authority of commissioner The Commissioner of Reclamation may, at the discretion of the Commissioner— (I) waive any cost-share requirements to address emergency drought situations; (II) prioritize projects based on the ability of the projects— (aa) to expeditiously yield multiple water supply benefits during periods of drought; or (bb) to prevent any other immediate water-related crisis or conflict; and (III) give priority to projects demonstrating innovative conservation tools or methods that balance instream and out-of-stream water supply needs, including water conservation and water marketing. ; and (2) in subsection (e), by striking $200,000,000 $300,000,000 9. Reclamation States Emergency Drought Relief Act reauthorization Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 (1) by striking $90,000,000 $190,000,000 (2) by striking 2012 2018 10. Rio Grande Pueblo irrigation infrastructure reauthorization Section 9106 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (1) in subsection (c)(4), by striking 2 years after the date of enactment of this Act December 31, 2016 (2) in subsection (g)(2)— (A) by striking $6,000,000 $12,000,000 (B) by striking 2010 through 2019 2015 through 2024 11. Regional conservation partnership program The Secretary of Agriculture may allocate financial assistance made available under subtitle I of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3871 et seq. (1) mitigating the effects of drought on agricultural production and the environment; (2) improving water quality and quantity, including reducing groundwater depletion; (3) restoring, enhancing, and preserving fish and wildlife habitat; and (4) promoting innovative and collaborative conservation tools and approaches. 12. Conservation reserve program (a) Conservation priority areas Section 1231(f) of the Food Security Act of 1985 ( 16 U.S.C. 3831(f) (1) in paragraph (2), by striking or , water quantity, or habitat impacts related to agricultural production activities. (2) in paragraph (3), by striking or , water quantity, or habitat impacts related to agricultural production activities. (3) in paragraph (4), by striking water quality and habitat benefits water quality, water quantity, and habitat benefits (b) Special conservation reserve enhancement program Section 1234(g)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(2)(B) , including improving water conservation and drought mitigation 13. Effect on State law (a) In general An action taken by any of the Secretaries or other entity under this Act or an amendment made by this Act shall comply with applicable State laws in effect on the date of enactment of this Act, including a law described in subsection (b). (b) State law Nothing in this Act or an amendment made by this Act affects, is intended to affect, or interferes with a law of the State relating to the control, appropriation, use, or distribution of water, or any vested right acquired under the law.
New Mexico Drought Relief Act of 2014
Medical Bankruptcy Fairness Act of 2014 - Amends federal bankruptcy law to cite circumstances under which a medically distressed debtor may elect to exempt from the property of the estate in bankruptcy up to $250,000 of the debtor's aggregate interest in: (1) specified real or personal property that the debtor (or debtor's dependent) uses as a residence, (2) a cooperative that owns the property used as a residence by the debtor or a dependent of the debtor, or (3) a burial plot for the debtor or debtor's dependent. Applies the same election to certain other property of a medically distressed debtor, including certain retirement funds held in a tax-exempt account. Declares inapplicable to a medically distressed debtor: (1) certain presumptions that granting relief under Chapter 7 would constitute abuse of Chapter 7, and (2) mandatory court disapproval of a debtor's plan under chapter 13 upon objection by the trustee or the holder of an allowed unsecured claim. Waives the credit counseling prerequisite for filing for debt relief in the case of a medically distressed debtor. Permits a medically distressed debtor to discharge in bankruptcy debts for certain educational loans. Requires a debtor who seeks relief as a medically distressed debtor to attest in writing, and under penalty of perjury, that debtor's medical expenses are genuine, and are not specifically incurred to bring the debtor within the meaning of "medically distressed debtor."
To amend title 11 of the United States Code to provide bankruptcy protections for medically distressed debtors, and for other purposes. 1. Short title This Act may be cited as the Medical Bankruptcy Fairness Act of 2014 2. Definitions (a) In general Section 101 of title 11, United States Code, is amended— (1) by inserting after paragraph (39A) the following: (39B) The term medical debt (A) as a result of the diagnosis, cure, mitigation, or treatment of injury, deformity, or disease of an individual; or (B) for services performed by a medical professional in the prevention of disease or illness of an individual. (39C) The term medically distressed debtor (A) a debtor who, during the 3 years before the date of the filing of the petition— (i) incurred or paid aggregate medical debts for the debtor, a dependent of the debtor, or a nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor that were not paid by any third-party payor and were greater than the lesser of— (I) 10 percent of the debtor’s adjusted gross income (as such term is defined in section 62 (II) $10,000; (ii) did not receive domestic support obligations, or had a spouse or dependent who did not receive domestic support obligations, of at least $10,000 due to a medical issue of the person obligated to pay that would cause the obligor to meet the requirements under clause (i) or (iii), if the obligor was a debtor in a case under this title; or (iii) experienced a change in employment status that resulted in a reduction in wages, salaries, commissions, or work hours or resulted in unemployment due to— (I) an injury, deformity, or disease of the debtor; or (II) care for an injured, deformed, or ill dependent or nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor; or (B) a debtor who is the spouse of a debtor described in subparagraph (A). . (b) Conforming amendments Section 104 (1) in subsection (a), by inserting 101(39C)(A), 101(19)(A), (2) in subsection (b), by inserting 101(39C)(A), 101(19)(A), 3. Exemptions (a) Exempt property Section 522 (r) (1) If a medically distressed debtor exempts property listed in subsection (b)(2), the debtor may, in lieu of the exemption provided under subsection (d)(1), elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in property described in paragraph (3) of this subsection. (2) If a medically distressed debtor exempts property listed in subsection (b)(3) and the exemption provided under applicable law specifically for the kind of property described in paragraph (3) is for less than $250,000 in value, the debtor may elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in any such property. (3) The property described in this paragraph is— (A) real property or personal property that the debtor or a dependent of the debtor uses as a residence; (B) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or (C) a burial plot for the debtor or a dependent of the debtor. . (b) Conforming amendments Section 104 (1) in subsection (a), by inserting 522(r), 522(q), (2) in subsection (b), by inserting 522(r), 522(q), 4. Waiver of administrative requirements (a) Case under chapter 7 Section 707(b) (8) Paragraph (2) does not apply in any case in which the debtor is a medically distressed debtor. . (b) Case under chapter 13 Section 1325(b)(1) (1) in subparagraph (A), by striking or (2) in subparagraph (B), by striking the period at the end and inserting ; or (3) by adding at the end the following: (C) the debtor is a medically distressed debtor. . 5. Credit counseling Section 109(h)(4) of title 11, United States Code, is amended by inserting a medically distressed debtor or apply with respect to 6. Student loan undue hardship Section 523(a)(8) the debtor is a medically distressed debtor or excepting 7. Attestation by debtor Section 521 (k) If the debtor seeks relief as a medically distressed debtor, the debtor shall file a statement of medical expenses relevant to the determination of whether the debtor is a medically distressed debtor, which statement shall declare under penalty of perjury that such medical expenses were not incurred for the purpose of bringing the debtor within the meaning of the term medically distressed debtor. . 8. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Application of amendments The amendments made by this Act shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act.
Medical Bankruptcy Fairness Act of 2014
International Human Rights Defense Act of 2014 - Directs the Secretary of State to establish in the Department of State's Bureau of Democracy, Human Rights, and Labor a Special Envoy for the Human Rights of LGBT Peoples who shall: (1) direct U.S. government efforts regarding human rights abuses against the LGBT community internationally and the advancement of human rights for LGBT (lesbian, gay, bisexual, or transgender) people in U.S. foreign policy, and (2) represent the United States internationally in bilateral and multilateral engagement on these matters. Directs the Special Envoy to develop or update annually for six years a U.S. global strategy to prevent and respond to discrimination and violence against LGBT people. Authorizes the Secretary and the Administrator of the U.S. Agency for International Development (USAID) to provide assistance to prevent and respond to discrimination and violence against LGBT people.
To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBT Peoples. 1. Short title This Act may be cited as the International Human Rights Defense Act of 2014 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Gender identity The term gender identity (3) LGBT The term LGBT (4) Sexual orientation The term sexual orientation 3. Findings Congress makes the following findings: (1) Eighty-two countries prohibit the public support of the LGBT community, promote homophobia across society, or criminalize homosexuality. That is equal to more than 40 percent of United Nations Member States. (2) In seven countries, homosexuality is a crime that is punishable by death. (3) Around the world, LGBT people face discrimination, hatred, violence, and bigotry. (4) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Human Rights Report to Congress. The 2013 report continues to show a clear pattern of increased human rights violations in every region of the world based on sexual orientation and gender identity. These violations include murder, rape, torture, death threats, extortion, imprisonment, as well as loss of employment, housing, access to health care, and other forms of societal stigma and discrimination. The report further documents growing LGBT-specific restrictions on basic freedoms of assembly, press, and speech in every region of the world. (5) In Jamaica and other countries, discrimination against LGBT people, including corrective rape (6) In 2013, the Government of the Russian Federation and others in the region passed laws banning Homosexual Propaganda (7) In February 2014, the Government of Uganda adopted a law that makes aggravated homosexuality (8) In December 2013, the Government of Nigeria adopted a law further criminalizing homosexuality. The law also criminalizes supporting LGBT people in any way, endangering the neighbors, friends, doctors, and landlords of LGBT people. (9) The anti-homosexuality laws in Nigeria and Uganda potentially endanger all LGBT individuals in those countries. In addition, international HIV workers could be at risk since the study and treatment of at-risk populations may constitute support for LGBT people. (10) On December 6, 2011, President Barack Obama released the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons. The memorandum directed all Federal agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBT persons. (11) Secretary of State John Kerry has announced that the United States Government will review United States diplomatic relationships with Nigeria and Uganda in light of passage of their recent anti-LGBT laws. On March 23, 2014, the Department of State announced that the United States Government would cut $6,400,000 in funding for the Interreligious Council of Uganda because of its support for the Anti-Homosexuality Act, halt a survey designed to minimize the spread of HIV/AIDS because of potential harm to respondents, impose short-term travel bans on Ugandan military officials, and halt some joint military exercises with the military of Uganda. (12) In December 2013, the Supreme Court of India reversed a lower court ruling and reinstated the criminalization of homosexuality in the second most populous nation on Earth. In April 2014, India’s Supreme Court recognized transgender people as a third gender, improving the legal rights of transgender people in that country. Given these two court decisions, the degree of human rights protections for LGBT persons in India is uncertain. (13) Removing institutionalized discrimination and targeted persecution against LGBT people around the world is a critical step in the promotion of human rights and global health internationally. (14) According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, 238 transgender persons were killed between November 2012 and November 2013 worldwide. (15) According to the International Guidelines on HIV/AIDS and Human Rights, as published by the United Nations High Commissioner for Human Rights, countries should review and reform criminal laws and correctional systems to ensure that they are consistent with international human rights obligations and are not misused in the context of HIV or targeted against vulnerable groups. 4. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to discrimination and violence against all people on any basis internationally, including sexual orientation and gender identity, and that human rights policy include attention to hate crimes and other discrimination against LGBT people; (2) to systematically integrate and coordinate efforts to prevent and respond to discrimination and violence against LGBT people internationally into United States foreign policy; (3) to support and build local capacity in countries around the world, including of governments at all levels and nongovernmental organizations, to prevent and respond to discrimination and violence against LGBT people internationally; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to discrimination and violence against LGBT people internationally, including faith-based organizations and LGBT-led organizations; (5) to employ a multisectoral approach to preventing and responding to discrimination and violence against LGBT people 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 discrimination and violence against LGBT people internationally; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include appropriate and thorough LGBT-specific instruction on preventing and responding to discrimination and violence based on sexual orientation and gender identity; (8) to engage non-LGBT people as allies and partners, as an essential element of making sustained reductions in discrimination and violence against LGBT people; (9) to require that all Federal contractors and grant recipients in the United States Government's international programs establish appropriate policies and take effective measures to ensure the protection and safety of their staff and workplace, including from discrimination and violence directed against LGBT people and those who provide services to them; (10) to exert sustained international leadership to prevent and respond to discrimination and violence against LGBT persons, including in bilateral and multilateral fora; (11) to fully implement and expand upon the policies outlined in the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons; (12) to ensure that international efforts to combat HIV/AIDS take all appropriate measures to support at-risk communities, including LGBT persons, and to create enabling legal environments for these communities; (13) to work with governments and nongovernmental partners around the world to develop and implement regional strategies to decriminalize homosexuality and to counteract the prohibition of public support of the LGBT community; and (14) to ensure that those who have a well-founded fear of persecution on account of being LGBT or supporting LGBT rights have the opportunity to seek protection in the United States. 5. Special Envoy for the human rights of LGBT people (a) Establishment The Secretary of State shall establish in the Bureau of Democracy, Human Rights, and Labor (DRL) of the Department of State a Special Envoy for the Human Rights of LGBT Peoples (in this section referred to as the Special Envoy (b) Purpose In addition to the duties described in subsection (c) and those duties determined by the Secretary of State, the Special Envoy shall direct efforts of the United States Government as directed by the Secretary regarding human rights abuses against the LGBT community internationally and the advancement of human rights for LGBT people in United States foreign policy, and shall represent the United States internationally in bilateral and multilateral engagement on these matters. (c) Duties (1) In general The Special Envoy— (A) shall direct activities, policies, programs, and funding relating to the human rights of LGBT people and the advancement of LGBT equality initiatives internationally, for all bureaus and offices of the Department of State and shall lead the coordination of relevant international programs for all other Federal agencies; (B) shall represent the United States in diplomatic matters relevant to the human rights of LGBT people, including discrimination and violence against LGBT people internationally; (C) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBT people in United States Government policies and international programs, including to prevent and respond to discrimination and violence against LGBT people internationally; (D) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBT people internationally, including for the prevention and response to discrimination and violence against LGBT people internationally; (E) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBT people and the development assistance priorities of the LGBT Coordinator of the United States Agency for International Development; (F) shall conduct regular consultation with civil society organizations working to prevent and respond to discrimination and violence against LGBT people internationally; (G) shall ensure that programs, projects, and activities designed to prevent and respond to discrimination and violence against LGBT people 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 international programs in Federal agencies; (H) shall serve as the principal advisor to the Secretary of State regarding human rights for LGBT people internationally; and (I) is authorized to represent the United States in diplomatic and multilateral situations on matters relevant to the human rights of LGBT people, including discrimination and violence against LGBT people internationally. (2) Data repository The Bureau of Democracy, Human Rights, and Labor shall— (A) be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to discrimination and violence against LGBT people; and (B) produce— (i) a full accounting of United States Government spending on such programs, projects, and activities; and (ii) evaluations of the effectiveness of implemented programs. 6. Briefings and assessments Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Special Envoy shall brief the appropriate congressional committees on the status of the human rights of LGBT people internationally, as well as the status of programs and response strategies to address LGBT discrimination and violence against LGBT people internationally, 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. 7. United States policy to prevent and respond to discrimination and violence against LGBT people 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 Special Envoy shall develop or update a United States global strategy to prevent and respond to discrimination and violence against LGBT people globally. The strategy shall be transmitted to the appropriate congressional committees and, if practicable, made available to the public. (b) Initial strategy For the purposes of this section, the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons, issued December 6, 2011, shall be deemed to fulfill the initial requirement of subsection (a). (c) Reporting In accordance with paragraph (13) of section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), as added by section 9(b), the Annual Report on Human Rights Practices shall include detailed descriptions of nations that have adopted laws or constitutions that discriminate against LGBT people. (d) Collaboration and coordination In developing the strategy under subsection (a), the Special Envoy shall consult with— (1) the heads of relevant Federal agencies; and (2) representatives of civil society, multilateral, and private sector organizations with demonstrated experience in addressing discrimination and violence against LGBT people or promoting equal rights for LGBT people internationally. 8. Implementation of the United States strategy to prevent and respond to LGBT discrimination and violence against the LGBT community globally 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 discrimination and violence against LGBT people internationally, including the following activities: (1) Development and implementation of programs, such as the Global Equality Fund, that respond to human rights abuses and economic exclusion of LGBT people in the workplace and in public. (2) Development and enforcement of civil and criminal legal and judicial sanctions, protection, training, and capacity. (3) Enhancement of the health sector capacity to detect, prevent, and respond to violence against the LGBT community and to combat HIV/AIDS in the LGBT community internationally, in close coordination with the Office of the Global AIDS Coordinator. (4) Development of a leadership program for international LGBT activists that will foster collaboration and knowledge sharing across the world. 9. Monitoring the United States strategy to prevent and respond to discrimination and violence against the LGBT community globally (a) In general In each strategy submitted under section 7(a), the Special Envoy shall include an analysis of best practices for preventing and addressing discrimination and violence against LGBT people 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 discrimination and violence against LGBT people; (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 discrimination and violence against LGBT people internationally. (b) Information required To be included in human rights practices report Section 116(d) ( 22 U.S.C. 2151n(d) (1) in paragraph (11)(C), by striking ; and (2) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (13) wherever applicable, the nature and extent of discrimination and violence based on sexual orientation and gender identity. .
International Human Rights Defense Act of 2014
Wireless Innovation Act of 2014 - Amends the National Telecommunications and Information Administration Organization Act to require the Secretary of Commerce to report to the President and Congress with recommendations to reallocate a span of at least 200 megahertz of spectrum, located below 5 gigahertz, from federal government use to: (1) commercial use on an exclusive, licensed basis; (2) unlicensed use to protect licensed services from harmful interference; and (3) shared use between federal government stations and non-federal stations. Requires the Federal Communications Commission (FCC) to begin auctioning specified amounts of such spectrum beginning not later than December 31, 2018, and to continue such auctions at 18-month intervals according to a staggered schedule. Authorizes the Director of the Office of Management and Budget (OMB) to use a percentage of the proceeds from the first auction to pay federal entities to: (1) conduct feasibility analyses regarding the potential future reallocation of additional spectrum from federal use to exclusive non-federal use or shared use; and (2) develop efficiency guidelines to increase the flexibility of federal spectrum-dependent systems through multiple-band tuning capabilities, the use of commercial systems, and public-private partnerships. Amends the Communications Act of 1934 to establish a presumption under which an application to the FCC for the transfer of a construction permit or station license is deemed to be in the public interest, convenient, and necessary, unless the FCC acts to deny the application, if the application does not: (1) involve a broadcast, common carrier, aeronautical en route, or aeronautical fixed radio station license that is prohibited from being granted to or held by an alien or foreign corporation; (2) require a premerger notification and waiting period under the Clayton Act; and (3) concern a merger, acquisition, or takeover subject to review under the Defense Production Act of 1950. Requires applications qualifying for such presumption to be granted within 90 days after the FCC issues a public notice of the application. Directs federal agencies seeking a new or modified frequency assignment for a mobile or other radio service to submit to the Secretary and the OMB a report analyzing whether the federal agency could instead use commercial services, use an existing or already planned federal service, share with another federal agency, use unlicensed spectrum, or lease from commercial providers. Directs the National Telecommunications and Information Administration (NTIA) and the OMB to incorporate spectrum efficiency guidelines into budget and procurement processes. Requires NTIA to develop a framework for determining the annual economic opportunity cost of each specific federal spectrum band allocated for federal entities, with the value determined as if such spectrum were to be reallocated on a licensed basis to the highest commercial alternative use that currently does not have access to that spectrum. Requires federal entities assigned or allocated use of federal spectrum to: (1) report the opportunity cost of spectrum bands in budgets and annual financial statements; and (2) compare, every five years, the entity's spectrum opportunity cost to the projected costs of relocating, co-locating, leasing, or contracting out for spectrum activities.
To reallocate Federal Government-held spectrum for commercial use, to promote wireless innovation and enhance wireless communications, and for other purposes. 1. Short title; table of contents (a) In general This Act may be cited as the Wireless Innovation Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. Sec. 3. Definitions. Sec. 4. Reallocation of Federal Government spectrum. Sec. 5. Spectrum pipeline. Sec. 6. Reallocation incentive. Sec. 7. Expediting routine secondary market transactions. Sec. 8. Analysis of spectrum requirements. Sec. 9. Federal spectrum transparency and value. 2. Findings; statement of policy (a) Findings Congress finds the following: (1) The United States is the global leader in wireless communications and broadband technologies, both of which are vital parts of daily life in the United States, key components of the national infrastructure of the United States, and a significant driver of the United States economy. (2) Wireless communications and broadband services have become critical for individuals to improve their economic well-being, businesses to compete in the 21st century, first responders to protect individuals in emergencies, and Federal agencies to service their missions, such as national defense. (3) Because of the proliferation of broadband connected wireless devices and consumer applications, the volume of data traffic traveling over wireless networks has been growing substantially, and with the pace of innovation accelerating, the demand for wireless data services will continue to increase exponentially. (4) The Council of Economic Advisors has concluded that the only feasible way to realize the full potential of wireless broadband is to make new spectrum available for wireless services, and considerable spectrum is underused or used in less economically valuable ways, and could be repurposed and reallocated for wireless broadband use. (5) If the United States does not make more spectrum available, scarcity of spectrum could lead to higher prices for wireless services, poor service quality, the inability of the United States to compete internationally, constrained mobile broadband growth, and ultimately, a drag on innovation and individual economic mobility. (6) The National Broadband Plan, created by the Federal Communications Commission, set a goal of making 500 megahertz of spectrum newly available for commercial mobile broadband use by 2020, including making 300 megahertz between 225 megahertz and 3.7 gigahertz newly available for mobile use within 5 years, and stated that reallocating this spectrum where possible for mobile broadband use should be a priority. (7) Reallocating and auctioning spectrum produces multiple benefits. A Federal licensee can upgrade to comparable or superior communications technology, an auction raises money for the United States Treasury, and taxpayers benefit from increased access to, and better use of, spectrum. (8) In addition to reallocating spectrum, the United States should pursue a comprehensive approach to spectrum policy that includes expanding the capacity of wireless networks, promoting secondary spectrum markets, expanding unlicensed networks and Wi-Fi systems, and increasing efficiency and transparency among Federal users. (9) The Federal Government, as the largest user of spectrum, must also promote the efficient use of spectrum resources, and the National Telecommunications and Information Administration must ensure that Federal agencies use this valuable public resource in the most efficient and effective manner possible. (10) The National Broadband Plan states that Federal spectrum users can be more efficient with the airwaves allocated to them by the National Telecommunications and Information Administration, especially as wireless needs and technology evolve over time. (b) Purpose The purpose of this Act is— (1) to pursue comprehensive solutions to expand mobile broadband and utilize wireless services and technologies to create jobs, grow the economy, and improve individual economic mobility; and (2) to ensure that the Federal Government— (A) utilizes its spectrum in the most efficient and effective way; and (B) repurposes spectrum for commercial use wherever possible. 3. Definitions In this Act: (1) Commission The term Commission (2) NIST The term NIST (3) NTIA The term NTIA 4. Reallocation of Federal Government spectrum Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended by adding at the end the following: (m) Further reallocation report (1) Report required (A) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall prepare and submit to the President and Congress a report (referred to in this subsection as the reallocation report (i) that, in the aggregate, span not less than 200 megahertz; (ii) that are located below 5 gigahertz; (iii) that are not covered by the proceeding of the Commission in GN Docket No. 12–354; (iv) that, as of the date of submission of the reallocation report, are allocated on an exclusive or primary basis for Federal Government use; (v) from which Federal Government stations may be relocated pursuant to subsection (g) or for which Federal Government stations may be replaced by commercially available substitutes; (vi) that, as of the date of submission of the reallocation report or at any time during the 10-year period beginning on that date, may feasibly be made available for the uses described in subparagraph (B); (vii) the transfer of which from, or the sharing of which with, Federal Government use will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in relation to the benefits to the public that may be provided by non-Federal licensees; and (viii) that are most likely to have the greatest potential economic benefit to the United States if reallocated and licensed for non-Federal use. (B) Allocation of spectrum Of the spectrum described in subparagraph (A)— (i) 140 megahertz shall— (I) be allocated for commercial mobile use on an exclusive, licensed basis; and (II) be located below 3.7 gigahertz; (ii) not more than 20 megahertz may be allocated for unlicensed use if— (I) such use protects licensed services from harmful interference; and (II) the spectrum allocated for such use is located— (aa) in guard bands below 3.7 gigahertz— (AA) that are no larger than technically necessary to prevent harmful interference between licensed services outside the guard bands; and (BB) the unlicensed use of which does not cause harmful interference to licensed services; or (bb) between 3.7 gigahertz and 5 gigahertz; and (iii) not more than 40 megahertz may be shared with Federal Government stations if— (I) the President limits the assignment of the Federal Government stations so that the use of the spectrum by those stations is restricted by geographic area, by time, or by other means so as to guarantee that the continued use by those stations is substantially less than the use made by non-Federal stations; and (II) the operational sharing authorized under this clause is subject to— (aa) interference regulations prescribed by the Commission under section 305(a) of the 1934 Act; (bb) coordination procedures that the Commission and the Secretary shall jointly establish and implement to ensure against harmful interference; and (cc) the sharing arrangements in a transition plan applicable to the spectrum that the Technical Panel finds sufficient under subsection (h)(4). (C) Relocation of Federal Government stations; costs The Secretary shall include in the reallocation report— (i) recommendations for spectrum bands to which Federal Government stations may be relocated; and (ii) the costs, as determined by the Secretary in consultation with the Office of Management and Budget, of the relocation described in clause (i). (2) Direct discussions (A) In general The Secretary shall consult with the Federal Government users of the spectrum and work through established processes of the NTIA to encourage and provide opportunity for direct discussions among commercial representatives and Federal Government users of the spectrum to aid the Secretary in determining which frequencies to recommend for reallocation under this subsection. (B) Notice The Secretary shall provide notice to the public and the Commission of any discussion held under subparagraph (A), including the name of each business or other person represented in the discussion. (C) Representative of commission A representative of the Commission (and of the Secretary, at the election of the Secretary) may attend any discussion held under subparagraph (A). (D) Opportunity for comment Before the Secretary submits the reallocation report, the Secretary shall provide the public and the Commission with an opportunity to comment on the results of any discussion held under subparagraph (A). (3) Timetable for withdrawal or limitation of assignments (A) Recommended deadlines The Secretary shall include in the reallocation report a timetable that recommends effective dates by which the President shall— (i) withdraw the assignment to Federal Government stations of the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and (ii) in the case of the spectrum identified under paragraph (1)(B)(iii), limit the assignment of that spectrum to Federal Government stations as required under subclause (I) of that paragraph. (B) Absolute deadlines (i) In general Notwithstanding the effective dates recommended by the Secretary under subparagraph (A), not later than the date described in clause (ii) of this subparagraph, the President shall— (I) withdraw the assignment to Federal Government stations of the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and (II) in the case of the spectrum identified under paragraph (1)(B)(iii), limit the assignment to Federal Government stations as required under subclause (I) of that paragraph. (ii) Date The date described in this clause is the earlier of— (I) the date that is 3 years after the beginning of the auction of the frequencies specified in the reallocation report pursuant to section 309(j)(15)(C)(vii) of the 1934 Act; or (II) the date as of which— (aa) each Federal Government station has been relocated from the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and (bb) the assignment of the frequencies identified under paragraph (1)(B)(iii) to each Federal Government station has been limited as required under subclause (I) of that paragraph. (4) Department of Defense stations Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 . 5. Spectrum pipeline (a) Deadline Section 309(j)(15)(C) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(15)(C) (vii) Deadlines for the auction of frequency bands under the Wireless Innovation Act of 2014 The Commission shall conduct an auction of— (I) 80 megahertz of the spectrum recommended for reallocation in the reallocation report under section 113(m) of the National Telecommunications and Information Administration Organization Act not later than December 31, 2018; (II) an additional 60 megahertz of the spectrum recommended for reallocation in the reallocation report described in subclause (I) not later than 18 months after the completion of the auction required under subclause (I); and (III) an additional 40 megahertz of the spectrum recommended for reallocation in the reallocation report described in subclause (I) not later than 18 months after the completion of the auction required under subclause (II). . (b) Regulations Not later than 6 months before the Commission commences each auction required under section 309(j)(15)(C)(vii) of the Communications Act of 1934, as added by subsection (a), the Commission shall promulgate regulations necessary to conduct the auction. (c) Technical and conforming amendment Section 6401(b)(2) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1451(b)(2)) is amended— (1) by striking subparagraph (C); and (2) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. 6. Reallocation incentive (a) Definitions In this section— (1) the term Director (2) the term Federal entity 47 U.S.C. 923(l) (b) Deposit of proceeds Notwithstanding section 309(j)(8)(D) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8)(D) 47 U.S.C. 923(g)(2) 47 U.S.C. 928 (c) Payments for advance planning and enhanced spectrum efficiency (1) In general The Director, in consultation with the NTIA, may use the amount made available under subsection (b) to make payments to any Federal entity— (A) to conduct research and development, and operational, technical, cost, and schedule-feasibility analyses, regarding the potential future reallocation of additional spectrum from Federal use to exclusive non-Federal use or to shared use; and (B) to develop and incorporate spectrum efficiency guidelines and spectrally efficient advanced or unique technology or techniques into the budget and procurement processes of the Federal entity to facilitate the design and procurement of Federal spectrum-dependent systems that increase flexibility through means such as multiple-band tuning capabilities and the use of commercial systems as appropriate, including through public-private partnerships. (2) Conditions (A) Use of payment to estimate costs A Federal entity that receives a payment under subparagraph (A) of paragraph (1) to conduct the analyses described in that paragraph shall use the payment to estimate the costs specified in clauses (i) through (v) of section 113(g)(3)(A) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3)(A) (B) Relocation or sharing costs The Director may not make a payment under paragraph (1) if the amount made available under subsection (b) is otherwise necessary to cover relocation or sharing costs (as defined in section 113(g)(3)) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3) (C) Notification required The Director may not make a payment under paragraph (1) until 30 days after the date as of which the Director has notified the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives of the intent of the Director to make the payment. (D) Emission levels A Federal entity that receives a payment under paragraph (1) shall, to the extent possible, procure systems described in subparagraph (B) of that paragraph such that emission levels resulting from reasonable use of adjacent spectrum will not impair the functioning of the systems, consistent with any applicable radio receiver performance criteria and international obligations. (3) Annual report Each year, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— (A) describes each payment that the Director made to a Federal entity under this subsection during the preceding year; and (B) details how each Federal entity used each payment described in subparagraph (A). 7. Expediting routine secondary market transactions Section 310 of the Communications Act of 1934 ( 47 U.S.C. 310 (d) Assignment and transfer of construction permit or station license (1) In general (A) Application required No construction permit or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby. (B) Action upon application Any application under subparagraph (A) shall be disposed of as if the proposed transferee or assignee were making application under section 308 for the permit or license in question; but in acting thereon the Commission may not consider whether the public interest, convenience, and necessity might be served by the transfer, assignment, or disposal of the permit or license to a person other than the proposed transferee or assignee. (2) Presumption An application to the Commission under paragraph (1) shall be deemed to be in the public interest, convenient, and necessary, and shall be granted not later than 90 days after the date on which the Commission issues a public notice of the application, unless the Commission acts to deny the application, if the application— (A) does not involve an entity described in subsection (b); (B) does not require premerger notification and waiting period under section 7a of the Clayton Act (15 U.S.C. 18a); and (C) is not a covered transaction under section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170). . 8. Analysis of spectrum requirements Section 104(d) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 903(d) (1) in paragraph (1)— (A) by striking In assigning (A) In general In assigning ; and (B) by adding at the end the following: (B) Required analysis Before the Secretary may assign frequencies for mobile radio services and other radio services, and subject to subparagraph (C), each Federal agency seeking a new or modified frequency assignment for a mobile service or other radio service shall submit to the Secretary and the Director of the Office of Management and Budget (referred to in this paragraph as the Director (i) whether the Federal agency may use commercial services for the operation of the service rather than obtain a new or modified frequency assignment consistent with national security, public safety and overall ability to reliably perform the Federal mission, including an explicit consideration of the cost of contracting for the commercial service against the cost of the agency operating on the new or modified frequency assignment; (ii) whether the proposed spectrum requirements of the Federal agency could— (I) use an existing or planned service operated by the Federal agency or another Federal agency; or (II) share a frequency allocation with an existing Federal agency, including the use of dynamic and opportunistic spectrum sharing; (iii) whether the Federal agency could— (I) use unlicensed spectrum; or (II) lease capacity from commercial providers; (iv) if the Federal agency cannot use a commercial or other Federal service, how much spectrum the Federal agency needs to operate the service; (v) whether the service requires a frequency assignment below 3 gigahertz; and (vi) whether, once the allocation is made, the Federal agency may share the spectrum with non-Federal users. (C) Review of analysis (i) In general The Secretary, in consultation with the Director and any Federal agency that the Secretary may determine appropriate, shall determine whether to grant a request of a Federal agency for a new or modified frequency assignment for a mobile service or other radio service. (ii) Alteration of allocation If the Secretary determines that a request described in clause (i) is better met through sharing frequencies or systems with another Federal agency, the Secretary, in consultation with the Director, the requesting Federal agency, the Federal agency with whom the requesting Federal agency will share systems or allocation, and any other Federal agency that the Secretary may determine appropriate, shall alter the previously granted allocation accordingly. (D) Budget and procurement processes (i) In general A Federal agency shall include spectrum efficiency when considering procurement of spectrum-dependent systems and hardware, as a technical requirement, an evaluation criterion for award, or both. (ii) Spectrum efficiency guidelines The NTIA and the Director shall develop and incorporate spectrum efficiency guidelines into budget and procurement processes. (iii) Purpose and content of guidelines The guidelines developed under clause (ii) shall— (I) facilitate, as appropriate, the design and procurement of systems that increase flexibility through means such as multiple-band tuning capabilities and the use of commercial systems; and (II) require, to the extent possible, procurement of Federal systems such that emission levels resulting from reasonable use of adjacent spectrum will not impair the functioning of such systems, consistent with any applicable radio receiver performance criteria and international obligations. (E) Transparency of Federal spectrum allocations (i) Public availability All requests for allocation made under this Act shall be published in the Federal Register. (ii) Database The NTIA shall maintain a database of all requests for allocation made under this Act that is searchable electronically and available to the public. (iii) Public comment permissible At the discretion of the Secretary, the Secretary may seek public comment on any requested allocation. (iv) National security protected Where necessary to protect the interests of national security, the Assistant Secretary shall redact a request for allocation made under this Act from the public. ; and (2) in paragraph (2), by striking The Secretary In addition to the circumstances described in paragraph (1)(C), the Secretary 9. Federal spectrum transparency and value (a) Analysis of economic opportunity cost (1) Development of framework Not later than 1 year after the date of enactment of this Act, the NTIA, in consultation with the Commission and the Director of the Office of Management and Budget, shall develop a framework for determining the annual economic opportunity cost of each specific Federal spectrum band assigned or otherwise allocated for use by Federal entities. (2) Scope The framework developed under paragraph (1) shall cover all federally allocated spectrum bands between 150 megahertz and 6000 megahertz, inclusive. (3) Goals The goals of the framework developed under paragraph (1) are— (A) to provide Federal entities with a sustained long-term signal of spectrum value to inform the spectrum management decisions of such entities; and (B) to provide the public with increased transparency about how Federal entities use a scarce physical resource. (4) Requirements The framework developed under paragraph (1) shall— (A) define the term opportunity cost (B) be updated, on an annual basis, to take into account observed market valuations from spectrum auctions, secondary spectrum trading, and other market indicators of spectrum value; (C) determine the opportunity costs borne by each Federal entity for each spectrum band that is entirely under the control of a single agency; and (D) determine the opportunity costs for spectrum assigned or otherwise allocated to Federal entities for both primary use and secondary use. (b) Report on opportunity costs Each Federal entity that has been assigned or otherwise allocated use of a Federal spectrum band shall report, as an off-budget item, the opportunity cost borne by the entity for each spectrum band the entity uses— (1) in the budget of the entity to be included in the budget of the United States Government submitted by the President under section 1105 (2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code. (c) Spectrum value analysis Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, each Federal entity that has been assigned or otherwise allocated use of a Federal spectrum band, or otherwise utilizes such spectrum, shall engage in an analysis comparing the opportunity cost of that spectrum, as such cost is determined by the framework developed by the NTIA under subsection (a), to the projected costs of the entity relocating to other government spectrum holdings, co-locating with other government agencies, leasing other non-Federal spectrum, or contracting out for its spectrum activities. (d) Spectrum technology study (1) In general Not later than 18 months after the date of enactment of this Act, and every 5 years thereafter, the Chief Technology Officer, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Comptroller General of the United States, shall examine the technologies and equipment used by Federal entities operating on Federal spectrum allocations and determine if such technologies and equipment are the most spectrum-efficient available. (2) Certain determinations made If the results of any study required under paragraph (1) determine that the technologies and equipment of Federal entities operating on Federal spectrum allocations are not the most spectrum-efficient available, the Comptroller General shall determine— (A) what the costs would be to upgrade such systems to more up-to-date and readily available systems; (B) what benefits would be gained from upgrading, particularly any cost savings or increases in spectrum utilization efficiency; and (C) if there are any possible problems with upgrading to more up-to-date systems. (e) Spectrum opportunity cost and framework study (1) In general The Comptroller General of the United States, in consultation with the NTIA, shall— (A) conduct a review of the framework developed under subsection (a); (B) conduct a review of the reports required under subsection (b) and the processes that Federal entities use to evaluate the opportunity cost borne for each spectrum band the Federal entities use; and (C) make recommendations on how to improve such framework and reporting. (2) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Comptroller General of the United States shall submit to the appropriate committees in Congress a report on the review and recommendations required under paragraph (1).
Wireless Innovation Act of 2014
Provides for the relief of Meriam Yahya Ibrahim, Martin Wani, and Maya Wani.
For the relief of Meriam Yahya Ibrahim, Martin Wani, and Maya Wani. 1. Permanent resident status for Meriam Yahya Ibrahim, Martin Wani, and Maya Wani (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), Meriam Yahya Ibrahim, Martin Wani, and Maya Wani shall each be eligible for— (1) issuance of an immigrant visa; (2) adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of that Act ( 8 U.S.C. 1154 (3) adjustment of status to lawful permanent resident. (b) Adjustment of status If Meriam Yahya Ibrahim, Martin Wani, or Maya Wani enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if, within 2 years after the date of the enactment of this Act, the applicant files with appropriate fees— (1) the application for issuance of an immigrant visa; or (2) the application for adjustment of status. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Meriam Yahya Ibrahim, Martin Wani, and Maya Wani, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year— (1) the total number of immigrant visas that are made available to natives of the country of birth of the aliens under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of the aliens under section 202(e) of that Act (8 U.S.C. 1152(e)). (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Meriam Yahya Ibrahim, Martin Wani, and Maya Wani shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
A bill for the relief of Meriam Yahya Ibrahim, Martin Wani, and Maya Wani.
Children in Families First Act of 2014 - Establishes within the Department of State the Office of Vulnerable Children and Family Security which shall: (1) support the implementation in foreign countries of child welfare laws and policies; and (2) address the gap in U.S. diplomacy, policy, and operations with respect to promoting appropriate, protective, and permanent family care for children living without families. States that the Office shall be headed by an Ambassador-at-Large who shall: (1) serve as a primary advisor to the Secretary of State and the President in all matters related to vulnerable children and family security in foreign countries; and (2) represent the United States in matters relevant to international child welfare, family preservation and reunification, and provision of permanent, safe parental care through kinship and domestic and intercountry adoption. Amends the Intercountry Adoption Act of 2000 to direct the Secretary of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), to carry out the functions prescribed by the Convention regarding the accreditation of U.S. adoption services providers. Establishes databases for internationally adopted children and adoption service providers. Transfers from the Secretary of State to the Field Operations Directorate of USCIS specified adoption-related functions, including accreditation of agencies and approval of persons to provide adoption services and oversight of provider investigations. Requires the Secretary of Homeland Security, through USCIS, to: (1) be responsible for processing and case-specific decision making on all intercountry adoption cases, (2) ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents are made in compliance with the Hague Adoption Convention, (3) ensure that all non-Convention adoption cases undergo specified preprocessing, and (4) be responsible for all case processing steps in Convention and non-Convention adoption petitions on behalf of children whom U.S. parents propose to immigrate to the United States. Establishes within the U.S. Agency for International Development (USAID) a Center of Excellence on Children in Adversity. Authorizes the President to provide assistance for programs in developing countries for nutrition, education, care, and protection of children. Requires: (1) the President to establish a system to monitor and evaluate the effectiveness of U.S. aid to children in adversity, and (2) USAID to carry out a priority country demonstration program implementing the (December 2012) Action Plan for Children in Adversity over a period of five years in at least six countries.
To realign structures and reallocate resources in the Federal Government, in keeping with the core American belief that families are the best protection for children and the bedrock of any society, to bolster United States diplomacy and assistance targeted at ensuring that every child can grow up in a permanent, safe, nurturing, and loving family, and to strengthen intercountry adoption to the United States and around the world and ensure that it becomes a viable and fully developed option for providing families for children in need, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Children in Families First Act of 2014 (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—Realignment of certain international child welfare responsibilities and functions Sec. 101. Establishment of the Office of Vulnerable Children and Family Security in the Department of State. Sec. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers. Sec. 103. Transfer of functions and savings provisions. Sec. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing. TITLE II—Annual reporting Sec. 201. Annual report on children living without families. Sec. 202. Country reports regarding severe forms of trafficking. TITLE III—Promotion of a comprehensive approach for children in adversity Sec. 301. Establishment of a USAID Center for Excellence for Children in Adversity. TITLE IV—Funding and effective dates Sec. 401. Authorization of appropriations. Sec. 402. Effective dates. 2. Findings; purposes (a) Findings Congress makes the following findings: (1) The people of the United States recognize and believe that children must grow up in permanent, safe, and nurturing families in order to develop and thrive. (2) Science proves that children, and particularly infants, living in impersonal, socially deprived institutions suffer lasting, and in many cases, irreversible damage, including— (A) reduced brain activity and brain size; (B) lower intelligence quotients; (C) serious behavioral and emotional problems; and (D) disturbed relationships with others. (3) Governments in other countries seek models that promote the placement of children who are living outside family care in permanent, safe, and nurturing families, rather than in foster care or institutions; but many governments lack the resources or infrastructure to adequately address this need. (4) Despite the good efforts of countless governments and nongovernmental organizations, millions of children remain uncounted and outside of the protection, nurturing care, permanence, safety, and love of a family. (5) No reliable data currently exists to define and document the number and needs of children in the world currently living without families, but available evidence demonstrates that there are millions of children in this situation needing immediate help. (6) The December 2012 Action Plan for Children in Adversity commits the United States Government to achieving a world in which all children grow up within protective family care and free from deprivation, exploitation, and danger. To effectively and efficiently accomplish this goal, it is necessary to realign the United States Government’s current operational system for assisting orphans and vulnerable children, and processing intercountry adoptions. (7) Significant resources are already dedicated to international assistance for orphans and vulnerable children, and a relatively small portion of these resources can be reallocated to achieve more timely, effective, nurturing, and permanent familial solutions for children living without families, resulting in fewer children worldwide living in institutions or on the streets, more families preserved or reunified, and increased domestic and international adoptions. (b) Purposes The purposes of this Act are— (1) to support the core American value that families are the bedrock of any society; (2) to protect the fundamental human right of all children to grow up within the loving care of permanent, safe, and nurturing families; (3) to address a critical gap in United States foreign policy implementation by adjusting the Federal Government’s international policy and operational structures so that seeking permanent families for children living without families receives more prominence, focus, and resources (through the reallocation of existing personnel and resources); (4) to harness the diplomatic and operational power of the United States Government in the international sphere by helping to identify and implement timely, permanent, safe, and nurturing familial solutions for children living without families, including refugee or stateless children, through effective implementation of the 3 principal objectives of the Action Plan on Children in Adversity; (5) to ensure that intercountry adoption by United States citizens becomes a viable and fully developed option for creating permanent families for children who need them; (6) to protect against abuses of children, birth families, and adoptive parents involved in intercountry adoptions, and to ensure that such adoptions are in the individual child’s best interests; and (7) to harmonize and strengthen existing intercountry adoption processes under United States law— (A) by ensuring that the same set of procedures and criteria govern suitability and eligibility determinations for prospective adoptive parents seeking to complete intercountry adoptions, whether or not the child is from a foreign state that is a party to the Hague Adoption Convention; and (B) by aligning the definitions of eligible child for Convention adoptions and non-Convention adoptions to the maximum extent possible. 3. Definitions In this Act: (1) Action plan on children in adversity The term Action Plan on Children in Adversity United States Government Action Plan on Children in Adversity: A Framework for International Assistance: 2012–2017 (2) Appropriate, protective, and permanent family care The term appropriate, protective, and permanent family care (A) provides physical and emotional support; (B) provides the child with a sense of belonging; and (C) generally involves full legal recognition of the child’s status as child of the parents and of the parents’ rights and responsibilities regarding the child. (3) Central authority The term central authority (4) Children in adversity The term children in adversity (A) who are younger than 18 years of age; (B) who live inside or outside of family care; and (C) whose safety, well-being, growth, and development are at significant risk due to inadequate care, protection, or access to essential services. (5) Convention adoption The term Convention adoption 42 U.S.C. 14902 (6) Convention country The term Convention country (7) Family The term family (A) the persons reside in the same house or living unit; or (B) the parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or legal order to support or care for the child. (8) Guardianship (A) In general The term guardianship (B) Permanent guardianship While some forms of guardianship are not truly permanent, the form of guardianship referred to and supported under this Act is permanent guardianship. (C) Kefala order A Kefala order issued by a country that follows traditional Islamic law does not qualify as an adoption under United States law, but may be a form of guardianship in some circumstances. (D) Family-like group homes Individual parent-child relationships in a small, family-like group home in which caretaking is provided only by 1 or more unpaid caretakers might, in some circumstances, qualify as a guardianship if legalized in that form. (E) Paid guardianship The term guardianship (9) Habitual residence determination The term habitual residence determination (10) Hague adoption convention The term Hague Adoption Convention (11) Institutional care The term institutional care (A) orphanages; (B) transit or interim care centers; (C) children’s homes; (D) children’s villages or cottage complexes; and (E) boarding schools used primarily for care purposes as an alternative to a children’s home. (12) Kinship care The term kinship care (A) means the full-time care, nurturing, and protection of children by relatives, members of their tribes or clans, godparents, stepparents, or any adult who has a kinship bond with a child, if such persons have the capacity and commitment to function as true parents for the child on a permanent basis; and (B) does not include paid kinship foster care, except in the case of children with disabilities. (13) Non-convention adoption The term non-Convention adoption (A) an adoption by United States parents of a child from a non-Convention country in accordance with subparagraph (F) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (B) an adoption by United States parents of a child under the laws of the child’s country of origin (generally when the parents are living in the child’s country of origin and therefore able legally to complete a domestic adoption); or (C) in certain circumstances (generally with respect to relative adoptions or adoptions by dual national parents), an adoption by United States parents of a child from a Convention country if that country allows legal and valid adoptions to take place outside the scope of the Convention. (14) Non-convention country The term non-Convention country (15) Unparented children The term unparented children I Realignment of certain international child welfare responsibilities and functions 101. Establishment of the Office of Vulnerable Children and Family Security in the Department of State (a) Establishment There is established within the Department of State the Office of Vulnerable Children and Family Security (referred to in this Act as the VCFS (1) The development and implementation in foreign countries of child welfare laws, regulations, policies, best practices, and procedures in keeping with the goals articulated in the Action Plan for Children in Adversity, including— (A) the sound development of children through the integration of health, nutrition, and family support; (B) supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption; and (C) facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (2) Addressing the gap in United States Government diplomacy, policy, and operations with respect to promoting appropriate, protective, and permanent family care for children living without families by leading the development and implementation of policies that will ensure the timely provision of appropriate, protective, and permanent family care for children living without families, including refugee and stateless children, through the full continuum of permanence solutions, including family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption. (b) Ambassador-at-Large (1) Appointment The VCFS shall be headed by an Ambassador-at-Large, who shall be appointed by the President by and with the consent of the Senate. (2) Qualifications The Ambassador-at-Large shall— (A) have experience in the development of policies and systems and the implementation of programs that promote the goals of the Action Plan for Children in Adversity; (B) be knowledgeable of international child welfare, family permanence, and family creation through domestic and intercountry adoption; and (C) be committed to developing an integrated United States Government approach to international child welfare that places equal emphasis on— (i) early childhood survival and development; (ii) family permanence; and (iii) protection from abuse and exploitation. (3) Authority The Ambassador-at-Large shall report to the Under Secretary for Civilian Security, Democracy and Human Rights. (c) Functions (1) Advisory The Ambassador-at-Large shall serve as a primary advisor to the Secretary of State and the President in all matters related to vulnerable children and family security in foreign countries. (2) Diplomatic representation Subject to the direction of the President and the Secretary of State, and in consultation and coordination with the Senior Coordinator for Children in Adversity of the United States Agency for International Development, and the Secretary of Homeland Security, the Ambassador-at-Large shall represent the United States in matters relevant to international child welfare, family preservation and reunification, and provision of permanent, safe parental care through kinship, domestic and intercountry adoption in— (A) contacts with foreign governments, nongovernmental organizations, intergovernmental agencies, and specialized agencies of the United Nations and other international organizations of which the United States is a member; (B) multilateral conferences and meetings relevant to family preservation, reunification, and creating appropriate, protective, and permanent care for unparented children; and (C) fulfillment of the diplomatic responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. (3) Policy development with respect to permanence for unparented children (A) In general The Ambassador-at-Large shall— (i) develop and advocate for policies and practices to ensure that children in foreign countries who are living without families find appropriate, protective, and permanent family care which is in the best interest of each child; (ii) give consideration to family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption; and (iii) seek to develop and implement policies that lead to the use of all options for providing appropriate, protective, and permanent family care to children living without families as quickly as possible. (B) Best interest determination In carrying out subparagraph (A), the Ambassador-at-Large shall give preference to options that optimize the best interests of children, including options which provide children with fully protected legal status as children and parents with full legal status as parents, including full parental rights and responsibilities. (C) Subsidiarity (i) In general All options for providing appropriate, protective, and permanent family care to children living without families must be considered concurrently and permanent solutions must be put in place as quickly as possible. Solutions include family preservation and reunification, kinship care, guardianship, domestic and intercountry adoption, and other culturally acceptable forms of care that will result in appropriate, protective, and permanent family care. Preference should be given to options that optimize the child’s best interests, which generally means options which provide children with fully protected legal status and parents with full legal status as parents, including full parental rights and responsibilities. The principle of subsidiarity, which gives preference to in-country solutions, should be implemented within the context of a concurrent planning strategy, exploring in- and out-of-country options simultaneously. If an in-country placement serving the child’s best interest and providing appropriate, protective, and permanent care is not quickly available, and such an international home is available, the child should be placed in that international home without delay. (ii) Interim placements Nothing in this subsection may be construed to preclude interim placements, including in kinship care, foster care, and small group homes, to temporarily improve children’s living conditions in individual circumstances in which— (I) a permanent solution is not immediately available if ongoing efforts are made to move the child from interim to permanent placement as soon as possible; and (II) the child’s best interests will be served. (iii) Exceptions Exceptions to the general rule set forth in clauses (i) and (ii) may be made, as needed in individual cases, to serve the child’s best interests, including the following: (I) Permanent guardianship may be preferable to adoption in certain cases where the child has developed a powerful bond to a loving guardian who prefers not to adopt because of the child’s ties to birth parents who love the child, but are not in a position to provide appropriate nurturing. (II) Options generally viewed as interim solutions, such as foster care and small group homes, may be preferable to family reunification when the parents are not in a position to provide appropriate nurturing. (III) For children with disabilities, solutions to prevent institutionalization and to assist with reintegration into the community from institutions, include payment and support to families, substitute families, small group homes, or kinship care. (D) Best practices In developing policies and programs under this Act, the Ambassador-at-Large shall identify and utilize evidence-based programs and best practices in family preservation and reunification and provision of permanent parental care through guardianship, kinship care, and domestic and intercountry adoption as derived from a wide variety of domestic, foreign, and global policies and practices. (E) Technical assistance The Ambassador-at-Large, in consultation with other appropriate Federal agencies, shall provide technical assistance to governments of foreign countries to help build their child welfare capacities, particularly pertaining to family-based permanence. Such assistance should aim to strengthen family preservation and reunification and the provision of appropriate, protective, and permanent family care through kinship care, guardianship, and domestic and intercountry adoption, including assistance with— (i) the drafting, disseminating, and implementing of legislation; (ii) the development of implementing systems and procedures; (iii) the establishment of public, private, and faith- and community-based partnerships; (iv) the development of workforce training for governmental and nongovernmental staff; and (v) infrastructure development and data collection techniques necessary to identify and document the number and needs of children living without appropriate, protective, and permanent family care. (4) Responsibilities with respect to intercountry adoption (A) In general The VCFS, in coordination with other offices of the Department of State and U.S. Citizenship and Immigration Services, shall have lead responsibility for representing the United States Government in discussions, negotiations, and diplomatic contacts pertaining to intercountry adoptions. (B) Central authority responsibility under the intercountry adoption act of 2000 Section 101(b)(2) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911(b)(2) Office of Children's Issues Office of Vulnerable Children and Family Security (C) Determinations of hague adoption convention compliance The VCFS, in consultation with other offices of the Department of State, and the Department of Homeland Security, shall have lead responsibility for determining whether a Convention partner country has met its obligations under the Hague Adoption Convention and is eligible to participate in intercountry adoptions in accordance with United States law. Such determinations shall be documented in writing, based on standardized criteria, and available for public review and comment. (D) Negotiation of bilateral agreements The VCFS, in consultation with the Secretary of Homeland Security, shall have lead responsibility for the negotiation of bilateral agreements with other countries pertaining to intercountry adoption and in conformity with the provisions of the Hague Adoption Convention when the other country is a Convention partner. (5) Policy coordination The Ambassador-at-Large shall coordinate with the Secretary of Homeland Security and the Administrator of the United States Agency for International Development to maintain consistency in United States foreign and domestic policy and operations with respect to children living outside family care in foreign countries, particularly those living without families. (6) Information coordination The Ambassador-at-Large shall transmit— (A) any intercountry adoption related case information received from the Central Authority of another Convention country to the Secretary of Homeland Security; and (B) any intercountry adoption related case information that the Secretary of Homeland Security requests to the Central Authority of another Convention country. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers (a) General responsibilities under the Intercountry Adoption Act of 2000 (1) In general The Intercountry Adoption Act of 2000 ( Public Law 106–279 42 U.S.C. 14913 103A. Responsibilities of the Department of Homeland Security (a) Accreditation and approval responsibilities The Secretary of Homeland Security, working through the Director of U.S. Citizenship and Immigration Services, shall carry out the functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention as provided in title II. Such functions may not be delegated to any other Federal agency. (b) Investigations The Secretary of Homeland Security shall be responsible for managing and overseeing investigations related to the operation and services of adoption service providers, whether directly or indirectly. (c) Liaison with foreign governments on post-Placement reports and certain adoption cases The Secretary of Homeland Security shall serve as the liaison with foreign governments with respect to queries about required post-placement reports and about specific intercountry adoption cases once the adopted children are living in the United States, including queries about the status of adopted children who are living in the United States in cases involving allegations of abuse, neglect, abandonment, or death. . (2) Clerical amendment Section 1 of such Act is amended by inserting after the item relating to section 103 the following: Sec. 103A. Responsibilities of the Department of Homeland Security. . (3) Conforming amendments Section 102 of such Act ( 42 U.S.C. 14912 (A) in subsection (a), by striking The Secretary Except as provided for under section 103A, the Secretary (B) in subsection (b), by inserting , in coordination with the Secretary of Homeland Security, The Secretary (C) by striking subsection (c); (D) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively; and (E) by striking subsection (e). (b) Accreditation responsibilities under the Intercountry Adoption Act of 2000 (1) Designation of accrediting agencies Section 202 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14922 of Homeland Security Secretary (2) Standards and procedures for providing accreditation or approval Section 203 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14923 of Homeland Security Secretary (3) Oversight of accreditation and approval Section 204 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14924 (A) by inserting of Homeland Security Secretary (B) in subsection (c)— (i) in paragraph (1), by amending the paragraph heading to read as follows: (4) Authority of the secretary of homeland security ; and (ii) in paragraph (2), by striking Secretary's debarment order debarment order of the Secretary of Homeland Security (4) Administrative provisions (A) Access to convention records Section 401(b) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14941(b) (i) in paragraph (1), by inserting , the Director of U.S. Citizenship and Immigration Services, Secretary (ii) in paragraph (2), by inserting the Director of U.S. Citizenship and Immigration Services, Secretary, (B) Assessment of fees Section 403(b) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14943(b)) is amended— (i) in paragraph (1)— (I) by inserting or the Director of U.S. Citizenship and Immigration Services Secretary (II) by inserting or U.S. Citizenship and Immigration Services, respectively, Department of State (ii) in paragraph (2), by inserting or U.S. Citizenship and Immigration Services appropriation, as the case may be, Department of State appropriation (c) Intercountry adoption functions of U.S. Citizenship and Immigration Services (1) Definitions In this subsection and in section 103: (A) Adoption service The term adoption service (B) Associate director The term Associate Director (C) Directorate Except as otherwise provided in this subsection, the term Directorate (2) Intercountry adoption functions The Associate Director shall carry out— (A) the functions described in section 103A(a) of the Intercountry Adoption Act of 2000, relating to accreditation of agencies and approval of persons to provide adoption services; (B) the functions described in section 103A(b) of such Act, relating to management and oversight of investigations related to the operation of such providers; and (C) the functions described in section 103A(c) of such Act, relating to liaison responsibilities regarding post-placement reports and certain adoption cases. (3) Informational responsibilities (A) Database on adoption service providers (i) In general The Associate Director shall establish and operate, in conjunction with the Secretary of State, a publicly accessible database of adoption service providers. (ii) Agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Director and the Secretary shall provide, for the database, data on intercountry adoption cases relating to adoption service providers. (iii) Contents The database shall include, with respect to each accredited agency and approved person, who is an adoption service provider individually, and to the aggregate of all adoption service providers— (I) information identifying such a provider; (II) information on the accreditation status of an agency, or the approval status of a person, as an adoption service provider; (III) information on the number of applications or petitions filed respecting adoption and the numbers of approvals and denials of the applications or petitions; (IV) the number of substantiated grievances filed with respect to an adoption service provider; and (V) a description of any sanctions an adoption service provider, or corrective actions that the provider is required to take to maintain accreditation or approval described in subclause (II). (B) Database on internationally adopted children (i) In general The Associate Director, in conjunction with the Secretary of State, shall establish and operate a database containing data respecting children involved in intercountry adoption cases who have immigrated to the United States. (ii) Information tracking Although the data available for adoptions finalized before the date of the enactment of this Act will likely be incomplete, the Associate Director should seek to import available data on all adoptions involving children who are younger than 18 years of age on the date of the enactment of this Act. In operating the database established under clause (i), the Associate Director shall track information about each such child before attaining United States citizenship, including— (I) information identifying a child and the adoptive or prospective adoptive parents, including— (aa) the full name of the child in the country of origin and the full name of the child after the adoption is finalized; (bb) the gender, date of birth, nationality, and citizenship of the child; (cc) the physical address of the child at the time of the adoption; (dd) the type of visa issued to the child; and (ee) the date on which the child entered the United States; (II) information on the particular adoption service provider, if any, providing services in the particular case; and (III) information on immigration or citizenship status of the child. (iii) Interagency agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Secretary of State shall provide, for the database, data on intercountry adoption cases concerning the adopted children, and the adoption service providers. 103. Transfer of functions and savings provisions (a) Definitions In this section, unless otherwise provided or contextually indicated— (1) the term Federal agency agency section 551(1) (2) the term function (3) the term office (b) Transfer of functions There are transferred to the Directorate, all functions described in section 103A(a) of the Intercountry Adoption Act of 2000, as added by section 102(a) of this Act, which were exercised by the Secretary of State before the date of the enactment of this Act (including all related functions of any officer or employee of the Department of State), including functions relating to— (1) the accreditation of agencies and approval of persons to provide adoption services; (2) the management and oversight of investigations related to the operation of such providers; and (3) liaison responsibilities with respect to required post-placement reports. (c) Determinations of certain functions by the Office of Management and Budget If necessary, the Director of the Office of Management and Budget shall make any determination with respect to the transfer of functions under subsection (b). (d) Personnel provisions (1) Appointments The Associate Director may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this section. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (2) Experts and consultants The Associate Director may obtain the services of experts and consultants in accordance with section 3109 (e) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided under this section— (1) the Associate Director may— (A) delegate any of the functions transferred to the Associate Director under this section and any function transferred or granted to the Associate Director after the date of the enactment of this Act to such officers and employees of the Directorate as the Associate Director may designate; and (B) authorize successive redelegations of such functions as may be necessary or appropriate; and (2) no delegation of functions by the Associate Director under this subsection or under any other provision of this section shall relieve such Associate Director of responsibility for the administration of such functions. (f) Reorganization The Associate Director is authorized— (1) to allocate or reallocate any function transferred under subsection (b) among the officers of the Directorate; and (2) to establish, consolidate, alter, or discontinue such organizational entities in the Directorate as may be necessary or appropriate. (g) Rules The Associate Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Associate Director determines necessary or appropriate to administer and manage the functions of the Directorate. (h) Transfer and allocations of appropriations and personnel Except as otherwise provided under this section and subject to section 1531 (i) Incidental transfers The Director of the Office of Management and Budget— (1) may, at such time or times as the Director may prescribe— (A) make such determinations as may be necessary with regard to the functions transferred under subsection (b); and (B) make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section; and (2) shall provide for— (A) the termination of the affairs of all entities terminated under this section; and (B) such further measures and dispositions as may be necessary to carry out the purposes of this section. (j) Effect on personnel (1) In general Except as otherwise provided under this section, the transfer under this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation during the 1-year period beginning on the date of such transfer. (2) Executive schedule positions Except as otherwise provided under this section, any person who, on the day preceding the date of the enactment of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 (3) Termination of certain positions All positions whose functions are transferred under subsection (b) and whose incumbents have been appointed by the President, by and with the advice and consent of the Senate, shall terminate on the date of the enactment of this Act. (k) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions which— (A) have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this section; and (B) are in effect on the date of the enactment of this Act, or were final before such date of enactment and are to become effective on or after the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Associate Director or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected Nothing in this section may be construed to affect any proceeding, including a notice of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of State on the effective date of this section, with respect to functions transferred under subsection (b). Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph may be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits not affected Nothing in this section may be construed to affect suits commenced before the date of the enactment of this Act. In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against the Department of State, or by or against any individual in the official capacity of such individual as an officer of the Department of State, shall abate by reason of the enactment of this section. (5) Administrative actions relating to promulgation of regulations Any administrative action relating to the preparation or promulgation of a regulation by the Department of State relating to a function transferred under subsection (b) may be continued by the Directorate with the same effect as if this section had not been enacted. (l) Separability If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (m) Transition The Associate Director is authorized to utilize— (1) the services of such officers, employees, and other personnel of the Department of State with respect to functions transferred to the Directorate by this section; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (n) References Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (1) the Secretary of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Associate Director; and (2) the Department of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Directorate. (o) Additional conforming amendments (1) Recommended legislation After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Associate Director shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. (2) Submission to congress Not later than 180 days after the date of the enactment of this Act, the Associate Director shall submit the recommended legislation referred to under paragraph (1) to Congress. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing (a) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services— (1) shall be responsible for processing and case-specific decisionmaking on all intercountry adoption cases (up to the point of application for an immigrant visa on behalf of the adopted child), including cases being processed pursuant to the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. (2) shall ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents required under subparagraph (F) or (G) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (3) to the maximum extent possible, and to the extent permitted by the country in which the child resides, shall ensure that all non-Convention adoption cases undergo preprocessing, including— (A) the filing of a petition and the review of a child’s eligibility to immigrate to the United States before the adoption or grant of legal custody (for purposes of emigration and adoption in the United States) of that child is completed in the country of origin; and (B) the completion of all necessary and relevant investigations associated with the petition before the country of origin finalizes the adoption or grants legal custody for purposes of emigration and adoption in the United States; (4) except as provided in paragraph (5), shall be responsible for all case processing steps in Convention and non-Convention adoption petitions on behalf of children whom United States parents propose to immigrate to the United States (except for the processing of immigrant visas), including processing of all necessary Hague Adoption Convention certifications and the final adjudication of the immigration petitions; and (5) may delegate the responsibility for completing certain elements of case adjudication to the Secretary of State if the Department of Homeland Security— (A) cannot adequately complete such elements due to the need for physical presence in the country of origin or other processing-related circumstances; and (B) defines and monitors the parameters for the elements delegated to the Secretary of State and retains final decisionmaking authority. (b) Foreign adoption decrees (1) Convention countries The 2-year legal custody and joint residence requirements set forth in section 101(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(E) (A) an adoption decree issued by a competent authority (as such term is used in the Hague Adoption Convention) of the child’s country of origin and evidence that the adoption was granted in compliance with the Hague Adoption Convention; or (B) a custody or guardianship decree issued by the competent authority of the child’s country of origin to the adoptive parents, and a final adoption decree, verifying that the adoption of the child was later finalized outside the United States by the adoptive parents, in addition to evidence that the custody or guardianship was granted in compliance with the Hague Adoption Convention. (2) Substantial compliance with hague adoption convention Paragraph (1) shall not apply unless— (A) on the date on which the underlying adoption, custody, or guardianship decree was issued by the child’s country of origin— (i) that country’s adoption procedures complied with the requirements of the Hague Adoption Convention (as determined by the United States central authority); and (ii) the competent authority of the country of origin certified that the adoption is consistent with Article 23 of the Hague Adoption Convention; and (B) the adoption was a Convention adoption that was completed between 2 Convention countries other than the United States. (3) Non-convention countries The Secretary of Homeland Security may accept the filing of petitions on behalf of children living in non-Convention countries in the absence of a final adoption decree. (c) Cooperation with foreign governments The Secretary of Homeland Security may interact directly with the central authority of a Convention country or a competent authority of a non-Convention country, as appropriate— (1) to facilitate the processing of intercountry adoption cases, including making habitual residence determinations relevant to children and prospective adoptive parents in adoption proceedings; and (2) to negotiate, in coordination with the Department of State, and to implement bilateral agreements with respect to intercountry adoptions. (d) Amendments to the Intercountry Adoption Act of 2000 (1) Transfer of responsibilities to the Secretary of Homeland Security The Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. (A) by striking Attorney General Secretary of Homeland Security (B) in the heading of section 103, by striking Attorney General Secretary of Homeland Security (2) Hague convention certificates Section 301 of such Act ( 42 U.S.C. 14931 (A) in subsection (a)— (i) in the subsection heading, by striking Secretary of State Secretary of Homeland Security (ii) in the heading to paragraph (1), by striking Secretary of State Secretary of Homeland Security (B) by striking Secretary of State Secretary of Homeland Security (3) Clerical amendment The table of contents of such Act is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Responsibilities of the Secretary of Homeland Security. . (e) Definition of child Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended— (1) in subparagraph (E)— (A) in clause (i), by striking (i) a child adopted while under the age of sixteen years a child adopted while younger than 18 years of age (B) by striking clause (ii); (2) by amending subparagraph (F) to read as follows: (F) (i) a child, younger than 18 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201(b), and who has been adopted in a foreign state that is not a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, if— (I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States; (II) the child’s natural parents (or parent, in the case of a child who has 1 sole or surviving parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption; (III) the child has a living parent or parents who has or have relinquished, or will relinquish, the child voluntarily for the purposes of intercountry adoption, and the parent or parents are incapable of providing proper care for the child; (IV) the Secretary of Homeland Security, after considering whether there is a petition pending to confer immigrant status on 1 or both natural parents, is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated; and (V) in the case of a child who has not been adopted— (aa) the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and (bb) the prospective adoptive parent or parents has or have complied with any preadoption requirements of the child’s proposed residence; and (ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; ; and (3) in subparagraph (G)— (A) in the matter preceding clause (i), by striking 16 18 (B) in clause (i)— (i) in subclause (II), by striking because of the death or disappearance of, abandonment or desertion by, the other parent (ii) in subclause (III), by striking two living natural parents, the natural parents are a living parent or parents, who have relinquished or will relinquish the child voluntarily for the purposes of intercountry adoption, the parent or parents are (C) in clause (ii), by striking ; or (D) by striking clause (iii). (f) Relative adoptions; waiver authority Section 502 of the Intercountry Adoption Act ( 42 U.S.C. 14952 (a) Authority To establish alternative procedures for adoption of children by relatives Not later than 2 years after the date of the enactment of the Children in Families First Act of 2014 (b) Waiver authority The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may waive, on a case-by-case basis, applicable requirements for meeting the definition of a child under subparagraph (E), (F), or (G) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (1) the child substantially complies with the requirements under 1 of such subparagraphs; and (2) such a waiver would be in the child’s best interests. . (g) Determination of applicability of the Hague Adoption Convention in certain cases The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may determine, on a case-by-case basis, that a specific intercountry adoption case may proceed as a non-Convention adoption if— (1) the child’s country of origin or habitual residence is a Convention country; (2) the central authority of the child’s country of origin or habitual residence has issued, or will issue, an adoption decree which that country considers to be legal and valid under that country’s laws to the United States adoptive or prospective adoptive parents; and (3) the central authority of the child’s country of origin or habitual residence has informed the Secretary or the Director that it does not consider the specific case to fall within the scope of the Hague Adoption Convention. (h) Special use of parole authority (1) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may grant parole to a child if the Secretary or the Director determines that— (A) the child’s circumstances indicate that immediate unification with the parties seeking parole is in the child’s best interests; (B) waiting to complete other, more time consuming immigration processing could be significantly harmful to the child’s well-being; (C) the party or parties seeking parole on behalf of the child— (i) have a pre-existing legal relationship with the child, as evidenced by an adoption decree or a custody order; or (ii) demonstrate a pre-existing relationship with the child and an intent to establish a legal relationship with the child, which may be evidenced by— (I) a familial relationship with the child; (II) a close personal relationship with the child, such as— (aa) being matched with the child for an international adoption by an adoption service provider or the competent authority of the child’s country of origin; or (bb) documentation showing that the child’s parents, if deceased or otherwise incapacitated and unable to provide proper care for the child, intended for the parties seeking parole to take custody of the child; or (III) the filing of adoption-related applications or petitions related to the adoption of the child; and (D) the child will receive proper care in the United States by the party or parties who seek parole on behalf of the child, based on a review of the suitability of the party or parties, which may include background check or completion of a home study conducted by a competent authority. (2) Meeting the 2-year periods for the purposes of filing an immediate relative petition on behalf of an adopted child If a child is granted parole under paragraph (1), is subsequently adopted by the parties who sought parole, and such parties seek permanent immigration status for the child under section 101(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E))— (A) the 2-year period for legal custody of the child shall begin to accrue on the effective date of a grant of custody in the child’s country of origin or habitual residence or in the United States; (B) the 2-year period for physical custody of the child shall begin to accrue on the date on which the party or parties seeking parole for the child begin joint residence with the child, in the child’s country of origin or habitual residence or in the United States; and (C) the 2-year periods of joint residence and legal custody may accrue within or outside the United States. (i) Rulemaking The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of U.S. Citizenship and Immigration Services, shall issue regulations to carry out this section and the amendments made by this section. II Annual reporting 201. Annual report on children living without families (a) In general Not later than September 30, 2014, and annually thereafter, the Secretary of State, in consultation with the Director of the United States Agency for International Development and the Secretary of State, shall submit a report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (1) identifies the number of children living without families; and (2) describes the degree to which the various family permanence solutions are being utilized. (b) Content The report required under subsection (a) shall include— (1) a description of the world’s unparented children, including— (A) a description and quantitative analysis of the world’s unparented children by country, identifying the nationality of the children physically present in each country and distinguishing among children who are citizens of the country, noncitizen children lawfully present in the country, and noncitizen children unlawfully in the country, irrespective of a child’s particular immigration status; and (B) available data about such children broken into detailed categories and including— (i) information on their nationality, age, gender, and status; (ii) whether they have a living parent or parents and the status of those parents; (iii) whether the unparented children are considered abandoned, separated, relinquished, or have some other status; (iv) whether they are institutionalized or homeless; (v) information on how they are documented, including through birth registries, orphanage registries, United Nations High Commissioner for Refugees registration, or identity cards; and (vi) an assessment of their living conditions based on indicators such as crude mortality rate, malnutrition rate, or other similar indicators; (2) a review of the previous fiscal year’s programming in support of appropriate, protective, and permanent family care solutions, including project descriptions for each project by country, goals of each project, amount awarded for each project, and evaluation of outcomes during the fiscal year; (3) an action plan covering proposed programming and activities for the next fiscal year in support of family permanency solutions, including goals for each country in which programming will occur, proposed allocations of resources by country, types of projects proposed by country, amounts of awards proposed for each project, and desired outcomes for each country; (4) a review of trends over the last five years, including changes in the numbers and locations of unparented children and the reasons for the changes, such as new refugee arrivals, growing numbers of children abandoned at birth, and decreases in number of children in institutions; (5) an overall analysis of highest priority situations of concern for unparented children, including analysis of whether the children are in a location that provides a cooperative environment for assistance programming and intercountry adoptions; (6) a description of how intercountry adoption and refugee resettlement for unparented refugee children has played a role in each country over the last 10 years and the current status of such programs, including analysis of the situation with respect to the Hague Adoption Convention and how the Convention has affected intercountry adoptions from the country; (7) aggregate reporting on intercountry adoptions to the United States, distinguishing between Convention adoptions and non-Convention adoptions and including— (A) the total number of intercountry adoptions involving immigration to the United States by year over the past 10 years and projected data for the next fiscal year, distinguishing between Convention and non-Convention adoptions, including aggregate data on the country from which each child emigrated, the State of residence of the adoptive parents, and the country in which the adoption was finalized; (B) the number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under the Convention and distinguishing between Convention and non-Convention adoptions, including the country to which each child immigrated and the State from which each child emigrated; (C) the average time required for completion of the immigration portion of intercountry adoptions, distinguishing between Convention and non-Convention adoptions, calculated as the time between filing of the initial immigration-related adoption petition on behalf of a child and the approval of that child’s immigrant visa; and (D) the range of adoption fees charged in connection with intercountry adoptions involving immigration to the United States and the median of such fees; and (8) such additional information as may be requested by members of the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (c) Consultations To the extent possible, designated representatives of the President should meet with members of the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (d) Repeal Section 104 of the Intercountry Adoption Act ( 42 U.S.C. 14914 202. Country reports regarding severe forms of trafficking Section 502B(h)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(h)(1)(B) (x) What steps the government of that country has taken to reduce the number of children living outside of family care. (xi) What steps the government of that country has taken to reduce the number of children abused, neglected, or exploited. . III Promotion of a comprehensive approach for children in adversity 301. Establishment of a USAID Center for Excellence for Children in Adversity (a) Center for Excellence for Children in Adversity (1) In general There is established within the United States Agency for International Development a Center of Excellence on Children in Adversity. (2) Coordinator The Center for Excellence shall be headed by the Children in Adversity Coordinator, who shall be appointed by the Administrator of the United States Agency for International Development. (3) Objectives The Center of Excellence on Children in Adversity shall work in consultation with the Ambassador-at-Large of the Office of Vulnerable Children and Family Security of the Department of State to promote greater United States Government coherence and accountability for whole-of-government assistance to children in adversity and ensure that United States foreign assistance and development programs are focused on the following objectives: (A) The sound development of children through the integration of health, nutrition, and family support. (B) Supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption. (C) Facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (4) Authorities The Children in Adversity Coordinator, acting through nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, education, social welfare, and other ministries, and relevant executive branch agencies, is authorized to— (A) operate internationally to carry out the programs and activities outlined in the Action Plan for Children in Adversity; (B) provide grants to, and enter into contracts and cooperative agreements with, nongovernmental organizations (including faith-based organizations) to carry out this section; and (C) transfer and allocate United States Agency for International Development funds that have been appropriated for the purposes described in subparagraphs (A) and (B). (5) Functions In consultation with the Ambassador-at-Large of the Office of Vulnerable Children and Family Security in the Department of State, the Children in Adversity Coordinator shall, through the Center of Excellence— (A) facilitate program and policy coordination related to the goals and objectives of the Action Plan for Children in Adversity among relevant executive branch agencies and nongovernmental organizations by auditing, monitoring, and evaluating such programs; (B) ensure that each relevant executive branch agency undertakes responsibility for activities related primarily to those areas in which the agency has the greatest expertise, technical capability, and potential for success; (C) coordinate relevant executive branch agency activities related to the Action Plan for Children in Adversity; (D) establish due diligence criteria for all recipients of funds appropriated by the United States Government for assistance to children in adversity; and (E) oversee the administration of the priority country demonstration program as described in subsection (f). (6) Assistance The President is authorized to provide assistance, including through international, nongovernmental, or faith-based organizations, for programs in developing countries— (A) to increase the percentage of children achieving age-appropriate growth and developmental milestones; (B) to increase the percentage of children under 5 years of age demonstrating secure attachment with a primary caregiver; (C) to integrate health, nutrition, developmental protections, and caregiving support for vulnerable children and their families; (D) to increase the percentage of children living within appropriate, permanent, safe, and protective family care, through family preservation and reunification, and through kinship care, guardianship, and domestic and intercountry adoption, and to reduce the percentage of children living in institutions; (E) to increase the percentage of families providing adequate nutrition, education opportunities, care, and protection for their children; (F) to reduce the percentage of children who experience violence, exploitation, abuse, and neglect; (G) to increase the percentage of children who receive appropriate care and protection after experiencing violence, exploitation, abuse, or neglect; (H) to increase public awareness that violence, exploitation, abuse, or neglect of children as unacceptable; (I) to increase the percentage of countries that ratify and implement relevant conventions or formally adopt internationally recognized principles, standards, and procedural safeguards to protect children from violence, exploitation, abuse, and neglect; (J) to increase the percentage of children who have legal documentation and birth registration; (K) to increase the number of laws, policies, and practices in partner states that promote and strengthen child welfare and protection at household, community, and national levels is increased; (L) to increase national and local human resource capacity for child welfare and protection; (M) to increase the number of national and community systems effectively monitoring child welfare and protection concerns, programs, and outcomes; (N) to encourage and assist in the collection of data related to children outside of family care; (O) to increase the number of prevalence studies that measure and track trends in children’s exposure to violence, exploitation, abuse, and neglect; (P) to increase the number of published outcome/impact evaluations on interventions to assist children outside of family care or minimize exposure to violence, exploitation, abuse, and neglect that can be generalized to larger target groups; (Q) to increase the number of national governments and universities leading rigorous data collection, research, and monitoring and evaluation studies related to child welfare and protection; and (R) to increase the number of United States Government-supported interventions for children in adversity designed using data from rigorous research methodologies. (b) Monitoring and evaluation (1) Establishment of system To maximize the sustainable development impact of assistance authorized under this section, and pursuant to the primary objective of the Action Plan for Children in Adversity, the President shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to children in adversity. (2) Requirements The monitoring and evaluation system shall— (A) be aligned with the objectives and outcomes outlined by the Action Plan for Children in Adversity; and (B) provide a basis for recommendations for adjustments to the assistance provided under this part. (c) Priority Country Demonstration Program (1) In general The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish and carry out a priority country demonstration program implementing the Action Plan for Children in Adversity over a period of 5 years in at least 6 countries. (2) Purposes The purposes of the programs established under subparagraph (1) shall be— (A) to demonstrate how research-based policies and programs to achieve the core objectives of the Action Plan for Children in Adversity can be successfully implemented on a national level; (B) to establish model programs that, once tested for efficacy, will be available for replication on a global basis; (C) to identify a comprehensive series of interventions which result in meeting the outcomes and objectives of the Action Plan for Children in Adversity; and (D) to determine which in-country factors advance or negate the successful achievement of the outcomes and objectives of the action plan. (3) Criteria for selection of countries The criteria for selection of countries shall include— (A) magnitude and severity of the problems to be addressed; (B) partner country interest in participation in a comprehensive implementation of all 3 goals of the Action Plan for Children in Adversity, including, with respect to the second objective (Families First), expressed willingness to support the full complement of permanence solutions (including family preservation, reunification, kinship care, guardianship, and domestic and intercountry adoption), and commitments to support and allow monitoring and evaluation, as well as transparent reporting; (C) potential to leverage bilateral, multilateral, and foundation investments; (D) potential to leverage other United States development investments; (E) regional diversity to maximize learning opportunities; and (F) level of economic development, with a focus on low- and middle-income countries. (d) Repeals (1) Assistance to orphans and other vulnerable children Section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152f (2) Annual report Section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 ( 22 U.S.C. 2152g IV Funding and effective dates 401. Authorization of appropriations (a) Prohibition on new appropriations (1) In general Nothing in this Act may be construed as authorizing additional funds to be appropriated to carry out this Act or the amendments made by this Act. (2) Use of existing funds This Act, and the amendments made by this Act, shall be carried out using amounts otherwise available for such purposes, including unobligated balances of funds made available to carry out activities under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (b) Limitations on use of funds (1) United nations No funds obligated in accordance with this Act may be awarded to the United Nations or any of its subsidiaries. (2) Segregated services No funds obligated in accordance with this Act may be awarded for building, renovating, or refurbishing residential facilities that segregate children with disabilities from society. The limitation under this paragraph does not prohibit funding for small, community-based group homes that house up to 6 children. (3) Administrative expenses Not more than 2 percent of the amounts described in subsection (a)(2) may be used for administrative expenses. (c) Focus of assistance Assistance provided under this Act— (1) shall focus primarily on promoting international child welfare, as set forth in this Act, for all children in adversity; and (2) may be provided on such terms and conditions as the President determines appropriate. 402. Effective dates (a) Effective upon enactment Sections 104 and 202 and titles III and IV shall take effect on the date of the enactment of this Act. (b) Delayed effective date Sections 101, 102, 103, and 201 shall take effect on the date that is 1 year after the date of the enactment of this Act.
Children in Families First Act of 2014
Online Competition and Consumer Choice Act of 2014 - Directs the Federal Communications Commission (FCC) to promulgate regulations that prohibit broadband providers, in transmitting network traffic over the broadband Internet access service of an end user, from: (1) entering an agreement with an edge provider (a provider of Internet content, applications, services, or access devices) to give preferential treatment or priority to the traffic of such edge provider in exchange for consideration (commonly referred to as "paid prioritization"); and (2) giving preferential treatment or priority to content, applications, services, or devices that are provided or operated by such broadband provider or an affiliate of such broadband provider. Prohibits this Act from superseding any obligation or authorization of a broadband provider to address the needs of emergency communications, law enforcement, public safety, or national security authorities. Sets forth enforcement authority under the Communications Act of 1934, with modified forfeiture standards.
To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic. 1. Short title This Act may be cited as the Online Competition and Consumer Choice Act of 2014 2. FCC regulations prohibiting certain preferential treatment or prioritization of Internet traffic (a) In general Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations that— (1) prohibit a broadband provider from entering into an agreement with an edge provider under which the broadband provider agrees, for consideration, in transmitting network traffic over the broadband Internet access service of an end user, to give preferential treatment or priority to the traffic of such edge provider over the traffic of other edge providers; and (2) prohibit a broadband provider, in transmitting network traffic over the broadband Internet access service of an end user, from giving preferential treatment or priority to the traffic of content, applications, services, or devices that are provided or operated by such broadband provider, or an affiliate of such broadband provider, over the traffic of other content, applications, services, or devices. (b) Rules of construction (1) Certain traffic not affected Nothing in this section shall be construed as superseding any obligation or authorization a broadband provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or as limiting the ability of the provider to do so. (2) Clarification of authority Nothing in this section shall be construed as limiting the authority of the Commission under any other provision of law, including the authority to promulgate regulations prohibiting or limiting preferential treatment or prioritization of the traffic of an edge provider by a broadband provider under GN Docket No. 14–28 (relating to the matter of protecting and promoting the open Internet). (c) Enforcement For purposes of sections 503(b) and 504 of the Communications Act of 1934 ( 47 U.S.C. 503(b) (1) Paragraph (5) shall not apply. (2) Paragraph (6) shall be applied by substituting the following: No forfeiture penalty shall be determined or imposed against any person under this subsection if the violation charged occurred more than 3 years prior to the date of issuance of the required notice or notice of apparent liability. (d) Definitions In this section: (1) Affiliate The term affiliate 47 U.S.C. 153 (2) Broadband Internet access service The term broadband Internet access service section 8.11 (3) Broadband provider The term broadband provider (4) Commission The term Commission (5) Edge provider The term edge provider (A) any content, application, or service over the Internet; or (B) a device used for accessing any content, application, or service over the Internet. (6) End user The term end user
Online Competition and Consumer Choice Act of 2014
Egyptian Military Coup Act of 2014 - Prohibits U.S. government assistance to Egypt pursuant to the coup d'etat restriction under the Department of State, Foreign Operations, and Related Programs Act, 2012. Suspends the provision of specified defense articles and services, and the processing of letters of offer and acceptance for future arms sales, until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power.
To prohibit certain foreign assistance to the Government of Egypt as a result of the July 3, 2013, military coup d'état. 1. Short title This Act may be cited as the Egyptian Military Coup Act of 2014 2. Foreign assistance restrictions in response to Egyptian military coup d'état (a) Findings Congress makes the following findings: (1) On June 30, 2012, Mohamed Morsi was elected President of Egypt in elections that were certified as free and fair by the Egyptian Presidential Election Commission and the United Nations. (2) On July 3, 2013, the military of Egypt removed the democratically elected President of Egypt, arrested his supporters, and suspended the Constitution of Egypt. These actions fit the definition of a military coup d'état. (3) On August 14, 2013, Egyptian security forces killed over 600 protestors in the dispersal of a demonstration in Rabaa, Egypt. (4) Since the July 2013 military coup d'état, the Egyptian military and security officials are estimated to have killed more than 1,000 Egyptian citizen protestors. (5) On January 17, 2014, President Barack Obama signed into law the Consolidated Appropriations Act, 2014 ( Public Law 113–76 (6) On April 23, 2014, President Obama approved the transfer of 10 AH–64 Apache Helicopters and $650,000,000 in financial aid to the military-controlled Government of Egypt. (7) On April 28, 2014, a court in Egypt sentenced 683 Egyptian citizens to death for protests in the town of Edwa, Egypt, following a five-minute hearing that was not long enough to recite the full names of the accused. (8) On May 5, 2014, Former Army Chief Abdul Fattah al-Sisi, who led Egyptian military forces in the coup d’état against a ruling party that was elected with 51.7 percent of the vote, said on Egyptian television that, if elected, the previous ruling political party would not exist (9) On May 6, 2014, a court in Egypt banned members of the National Democratic Party from participating in any Presidential, parliamentary, or local elections. (10) Pursuant to section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (11) The United States has suspended aid to countries that have undergone military coups d'état in the past, including the Ivory Coast, the Central African Republic, Thailand, Mali, Fiji, and Honduras. (b) Foreign assistance to the Government of Egypt (1) Restrictions on assistance under section 7008 In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (2) Additional restrictions In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt.
Egyptian Military Coup Act of 2014
Short Line Railroad Safety Enhancement Act of 2014 - Authorizes the Secretary of Transportation (DOT) to award grants to private or nonprofit organizations involved in, or affiliated with, transportation by regional (Class II) railroads and shortline (Class III) railroads for research, development, evaluation, and training efforts to enhance rail safety practices and safety culture.
To authorize the Secretary of Transportation to partner with industry to strengthen the safety culture and safety practices of short line and regional freight railroads. 1. Short title This Act may be cited as the Short Line Railroad Safety Enhancement Act of 2014 2. Findings Congress makes the following findings: (1) The use of new oil recovery techniques, particularly in regions without a sufficient number of developed pipeline networks, has led to rapid growth in the transportation of crude oil by rail. (2) Recent accidents in North America involving trains carrying crude oil, such as the July 2013 tragedy in Lac-Megantic, Quebec, have brought the need for enhanced safety into focus. (3) Short line and regional railroads have workforces and resources that are much smaller than large Class I railroads, but these railroads are expected to handle the same commodities safely. (4) Cooperative safety reviews, assessments, and training approaches can enhance safety by fostering an enhanced safety culture. Cooperation between industry and the Federal Railroad Administration’s Research and Development Program would enhance rail safety with respect to the transportation of crude oil by rail and in all other areas of rail transportation. 3. Short line and regional railroad safety grants Section 20108 (d) Short line and regional railroad safety training initiative (1) Grants authorized The Secretary may award grants to private or nonprofit organizations involved in, or affiliated with, transportation by Class II and Class III railroads. (2) Use of funds Grant funds awarded under this subsection shall be used for research, development, evaluation, and training efforts that are designed to enhance rail safety practices and safety culture. (3) Authorization of appropriations (A) Fiscal year 2015 There is authorized to be appropriated to the Secretary $2,000,000 for fiscal year 2015 for grants under this subsection. (B) Fiscal years 2016 through 2019 There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2016 through 2019 for grants under this subsection. (C) Availability Amounts appropriated pursuant to this paragraph shall remain available until expended. .
Short Line Railroad Safety Enhancement Act of 2014
Moapa Band of Paiutes Land Conveyance Act - Directs that approximately 25,977 acres of land in Nevada administered by the Bureau of Land Management (BLM) and the Bureau of Reclamation be: (1) held in trust for the benefit of the Moapa Band of Paiutes, and (2) be made part of the Tribe's reservation. Restricts gaming on the land. Directs that approximately 88 acres of land held in fee by the Tribe be: (1) held in trust for the benefit of the Tribe, and (2) made part of the Tribe's reservation.
To provide for a land conveyance in the State of Nevada. 1. Short title This Act may be cited as the Moapa Band of Paiutes Land Conveyance Act 2. Definitions In this Act: (1) Map The term map Moapa River Reservation Expansion (2) Secretary The term Secretary (3) Tribe The term Tribe 3. Transfer of land to be held in trust for the moapa band of paiutes (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b) shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Description of Land The land referred to in subsection (a) is the approximately 26,565 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation as generally depicted on the map as Expansion Area (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Use of Trust Land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) residential or recreational development; or (iv) renewable energy development. (B) Other uses (i) In general If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal in accordance with clause (ii). (ii) Appraisal The Secretary shall determine the fair market value of the land under clause (i) based on an appraisal that is performed in accordance with— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; (II) the Uniform Standards of Professional Appraisal Practices; and (III) any other applicable law (including regulations). 1. Short title This Act may be cited as the Moapa Band of Paiutes Land Conveyance Act 2. Definitions In this Act: (1) Map The term map Moapa River Reservation Expansion (2) Secretary The term Secretary (3) Tribe The term Tribe 3. Transfer of land to be held in trust for the Moapa Band of Paiutes (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b) shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Description of Land The land referred to in subsection (a) is the approximately 25,977 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation as generally depicted on the map as Reservation Expansion Land (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Use of trust land Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 4. Tribal fee land to be held in trust (a) In general All right, title, and interest of the Tribe in and to the land described in subsection (b) shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Description of the land The land referred to in subsection (a) is the approximately 88 acres of land held in fee by the Tribe as generally depicted on the map as Fee Into Trust Lands (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). August 26, 2014 Reported with an amendment
Moapa Band of Paiutes Land Conveyance Act
Nevada Native Nations Land Act -Title I: Elko Motocross Land Conveyance - (Sec. 102) Directs the Secretary of the Interior to convey to Elko County, Nevada, without consideration, approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada. Requires the land conveyed to be used only: (1) as a motocross, bicycle, off-highway vehicle, or stock car racing area; or (2) for any other public purpose consistent with the Recreation and Public Purposes Act. Title II: Conveyance of Land to Indian Tribes - (Sec. 201) Holds in trust the following lands: for the Te-Moak Tribe of Western Shoshone Indians of Nevada (the Elko Band), approximately 373 acres of BLM land; for the Fort McDermitt Paiute and Shoshone Tribe of the Fort McDermitt Indian Reservation, approximately 19,094 acres of BLM land; for the Shoshone Paiute Tribes of the Duck Valley Indian Reservation, approximately 82 acres of Forest Service land; for the Summit Lake Paiute Tribe, approximately 941 acres of BLM land; for the Reno-Sparks Indian Colony, approximately 13,434 acres of BLM land; and for the Pyramid Lake Paiute Tribe, approximately 11,719 acres of BLM land. Makes the lands held for the Tribes part of their respective Reservations. (Sec. 202) Requires the Secretary of the Interior to complete a survey to establish boundary lines of the land taken into trust for each Indian tribe. Restricts gaming on lands held in trust under this Act. Permits the Secretary, in consultation with the applicable Indian tribe, to carry out any fuel reduction and other landscape restoration activities (including restoration of the sage grouse habitat) on the land that is beneficial to the tribe and BLM.
To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for certain Indian tribes, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Nevada Native Nations Land Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Elko Motocross land conveyance Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II—Conveyance of land to Indian tribes Sec. 201. Conveyance of land to be held in trust for certain Indian tribes. Sec. 202. Administration. 2. Definition of Secretary In this Act, the term Secretary I Elko Motocross land conveyance 101. Definitions In this title: (1) City The term city (2) County The term county (3) Map The term map Elko Motocross Park 102. Conveyance of land to county (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and this section, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (e) Administrative costs The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. II Conveyance of land to Indian tribes 201. Conveyance of land to be held in trust for certain Indian tribes (a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (1) Definition of map In this subsection, the term map Te-moak Tribal Land Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (B) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band). (3) Description of land The land referred to in paragraph (2) is the approximately 373 acres of land administered by the Bureau of Land Management as generally depicted on the map as Lands to be Held in Trust (b) Conveyance of land To be held in trust for the Fort McDermitt Paiute and Shoshone Tribe (1) Definition of map In this subsection, the term map Fort McDermitt Indian Reservation Expansion Act (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 19,094 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands (c) Conveyance of land To be held in trust for the Shoshone Paiute Tribes (1) Definition of map In this subsection, the term map Mountain City Administrative Site Proposed Acquisition (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as Proposed Acquisition Site (d) Transfer of land To be held in trust for the Summit Lake Paiute Tribe (1) Definition of map In this section, the term map Summit Lake Indian Reservation Conveyance (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Conveyance Lands (e) Transfer of land To be held in trust for the Reno-Sparks Indian Colony land (1) Definition of map In this subsection, the term map Reno-Sparks Indian Colony Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno-Sparks Indian Colony. (3) Description of land The land referred to in paragraph (2) is the approximately 13,434 acres of land administered by the Bureau of Land Management as generally depicted on the map as RSIC Amended Boundary (f) Transfer of land To be held in trust for the Pyramid Lake Paiute Tribe (1) Map In this subsection, the term map Pyramid Lake Indian Reservation Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (1)— (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 30,669 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands (g) Transfer of land To be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band) (1) Release of wilderness study area (A) Finding Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (B) Release The public land described in subparagraph (A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) Transfer of land to be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band) (A) Definition of map In this paragraph, the term map South Fork Indian Reservation Expansion (B) Conveyance of land (i) In general Subject to clause (ii) and all valid existing rights, all right, title, and interest of the United States in and to the land described in subparagraph (C)— (I) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band); and (II) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band). (ii) Exception The oversight and renewal of all oil and gas leases in existence on the date of the enactment of this Act shall remain the responsibility of the Bureau of Land Management in consultation with the South Fork Band Council. (C) Description of land The land referred to in subparagraph (B) is the approximately 28,162 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands 202. Administration (a) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust for each Indian tribe under section 201. (b) Use of trust land (1) Gaming Land taken into trust under section 201 shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) General uses (A) In general Each Indian tribe for which land is taken into trust under section 201 shall use the land taken into trust under that section only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Indian tribe; (iii) residential or recreational development; (iv) renewable energy development; or (v) mineral development. (B) Other uses If an Indian tribe for which land is taken into trust under section 201 uses any portion of the land taken into trust under that section for a purpose other than a purpose described in subparagraph (A), that Indian tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under section 201, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management. 1. Short title; table of contents (a) Short title This Act may be cited as the Nevada Native Nations Land Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Elko Motocross land conveyance Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II—Conveyance of land to Indian tribes Sec. 201. Conveyance of land to be held in trust for certain Indian tribes. Sec. 202. Administration. 2. Definition of Secretary In this Act, the term Secretary I Elko Motocross land conveyance 101. Definitions In this title: (1) City The term city (2) County The term county (3) Map The term map Elko Motocross Park 102. Conveyance of land to county (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and such terms and conditions as the Secretary determines to be necessary and after agreement from the county, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (e) Administrative costs The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. II Conveyance of land to Indian tribes 201. Conveyance of land to be held in trust for certain Indian tribes (a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (1) Definition of map In this subsection, the term map Te-moak Tribal Land Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (B) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band). (3) Description of land The land referred to in paragraph (2) is the approximately 373 acres of land administered by the Bureau of Land Management as generally depicted on the map as Lands to be Held in Trust (b) Conveyance of land to be held in trust for the Fort McDermitt Paiute and Shoshone Tribe (1) Definition of map In this subsection, the term map Fort McDermitt Indian Reservation Expansion Act (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 19,094 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands (c) Conveyance of land to be held in trust for the Shoshone Paiute Tribes (1) Definition of map In this subsection, the term map Mountain City Administrative Site Proposed Acquisition (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as Proposed Acquisition Site (d) Transfer of land to be held in trust for the Summit Lake Paiute Tribe (1) Definition of map In this section, the term map Summit Lake Indian Reservation Conveyance (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Conveyance Lands (e) Transfer of land to be held in trust for the Reno-Sparks Indian Colony land (1) Definition of map In this subsection, the term map Reno-Sparks Indian Colony Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno-Sparks Indian Colony. (3) Description of land The land referred to in paragraph (2) is the approximately 13,434 acres of land administered by the Bureau of Land Management as generally depicted on the map as RSIC Amended Boundary (f) Transfer of land to be held in trust for the Pyramid Lake Paiute Tribe (1) Map In this subsection, the term map Pyramid Lake Indian Reservation Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (1)— (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 11,719 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands 202. Administration (a) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust for each Indian tribe under section 201. (b) Use of trust land (1) Gaming Land taken into trust under section 201 shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) Thinning; landscape restoration With respect to the land taken into trust under section 201, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management. August 26, 2014 Reported with an amendment
Nevada Native Nations Land Act
Women's Small Business Procurement Parity Act - Amends the Small Business Act to revise procurement program requirements for women-owned small businesses. Authorizes a contracting officer to award a sole source contract under this Act to small businesses owned and controlled by women if each of the businesses is at least 51% owned by one or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law), and if: the small business is in an industry in which it is underrepresented, as determined by the Administrator of the Small Business Administration (SBA); the contracting officer determines that it is a responsible contractor; the anticipated award price of the contract, including options, is not more than: (1) $6.5 million, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (2) $4 million, in the case of any other contract opportunity; and the contract award can be made at a fair and reasonable price. Authorizes a contracting officer to award a sole source contract to a small business owned and controlled by women meeting the same criteria in an industry in which such businesses are substantially underrepresented if the small business also meets specified certification requirements.
To amend the Small Business Act to provide authority for sole source contracts for certain small business concerns owned and controlled by women, and for other purposes. 1. Short title This Act may be cited as the Women’s Small Business Procurement Parity Act 2. Sole source contracts for certain small business concerns owned and controlled by women (a) In general Section 8(m) of the Small Business Act ( 15 U.S.C. 637(m) (1) in paragraph (2)(C), by striking paragraph (3) paragraph (4) (2) in paragraph (5), by striking (2)(F) (2)(E) (3) by adding at the end the following: (7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women in underrepresented industries A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(A) if— (A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are underrepresented, as determined by the Administrator; (B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; (C) the anticipated award price of the contract, including options, is not more than— (i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (ii) $4,000,000, in the case of any other contract opportunity; and (D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. (8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(E) if— (A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are substantially underrepresented, as determined by the Administrator; (B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; (C) the anticipated award price of the contract, including options, is not more than— (i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (ii) $4,000,000, in the case of any other contract opportunity; and (D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. . (b) Reporting on goals for sole source contracts for small business concerns owned and controlled by women Section 15(h)(2)(E)(viii) of the Small Business Act ( 15 U.S.C. 644(h)(2)(E)(viii) (1) in subclause (IV), by striking and (2) by redesignating subclause (V) as subclause (VIII); and (3) by inserting after subclause (IV) the following: (V) through sole source contracts awarded under section 8(m)(7); (VI) through sole source contracts awarded under section 8(m)(8); (VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and . (c) Deadline for report on underrepresented industries accelerated Section 29(o)(2) of the Small Business Act ( 15 U.S.C. 656(o)(2) (1) by striking 5 years after the date of enactment of this subsection January 2, 2015 (2) by striking 5-year period 2-year or 5-year period, as applicable,
Women's Small Business Procurement Parity Act
North Pacific Fisheries Convention Implementation Act - Authorizes the Department of Commerce to promulgate regulations to implement the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean for the United States, which was adopted in Tokyo, Japan, on February 24, 2012. (The Convention establishes a regional fisheries management organization to ensure the long-term conservation and sustainable use of the fisheries resources while protecting the marine ecosystems in the Convention Area.) (Sec. 3) Limits U.S. representation on the North Pacific Fisheries Commission to no more than five commissioners. Requires the President to appoint the representatives to the Commission. Establishes an advisory committee for the Commission. Requires Commerce to develop a memorandum of understanding with the Western Pacific Regional Fishery Management Council, the Pacific Fishery Management Council, and the North Pacific Fishery Management Council to clarify the role of each Council with respect to participating in or working with U.S. delegations to international fishery organizations and making recommendations related to fishery resources in the Convention Area. (Sec. 4) Sets forth the Department of State's authority and responsibilities with respect to the Commission, including authorizing the State Department to approve, disapprove, object to, or withdraw objections to bylaws and rules adopted by the Commission. (Sec. 5) Authorizes Commerce to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the North Pacific Fisheries Convention and this Act. (Sec. 6) Requires Commerce and the Department of Homeland Security (DHS) to administer and enforce this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act. Gives the district courts of the United States exclusive jurisdiction over any case or controversy arising under this Act. (Sec. 7) Sets forth prohibited fishing and shipping acts in the Convention Area. (Sec. 9) Requires Commerce to ensure participation in the Commission and its subsidiary bodies by the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. (Sec. 10) Establishes notification requirements for commercial fishing vessels before entering or transiting the exclusive economic zone of the Convention Area, if the vessels do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities. (Sec. 11) Authorizes appropriations to Commerce and the State Department to carry out this Act and to pay for the United State's contribution to the Commission. Requires Commerce or the State Department to provide appropriate assistance to assist developing nations in meeting their obligations under the Convention.
To implement the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean, as adopted at Tokyo on February 24, 2012, and for other purposes. 1. Short title This Act may be cited as the North Pacific Fisheries Convention Implementation Act 2. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Commission The term Commission (3) Commissioner The term Commissioner (4) Convention Area The term Convention Area (5) Council The term Council (6) Exclusive economic zone The term exclusive economic zone (7) Fisheries resources (A) In general The term fisheries resources (B) Exclusions The term fisheries resources (i) sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the 1982 Convention and indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention; (ii) catadromous species; (iii) marine mammals, marine reptiles, or seabirds; or (iv) other marine species already covered by pre-existing international fisheries management instruments within the area of competence of such instruments. (8) Fishing activities (A) In general The term fishing activities (i) the actual or attempted searching for, catching, taking, or harvesting of fisheries resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose; (iii) the processing of fisheries resources at sea; (iv) the transhipment of fisheries resources at sea or in port; and (v) any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment. (B) Exclusions The term fishing activities (9) Fishing vessel The term fishing vessel (10) North Pacific Fisheries Convention The term North Pacific Fisheries Convention (11) Person The term person (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; and (C) any Federal, State, local, tribal, or foreign government or any entity of such government. (12) Secretary The term Secretary (13) State The term State (14) Transshipment The term transshipment (15) 1982 Convention The term 1982 Convention 3. Appointment of United States Commissioner (a) Appointment The United States shall be represented on the Commission by 1 U.S. Commissioner. The President shall appoint an individual to serve on the Commission at the pleasure of the President. In making an appointment, the President shall select an individual who is knowledgeable or experienced concerning fisheries resources in the North Pacific Ocean. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence of a Commissioner appointed under subsection (a) for whatever reason. (c) Administrative matters (1) Employment status An individual serving as a Commissioner, or an alternative Commissioner, other than an officer or employee of the United States Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 chapter 171 (2) Compensation An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. (3) Travel expenses (A) In general The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (B) Reimbursement The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. (d) Advisory committee (1) Establishment of permanent advisory committee (A) Membership There is established an advisory committee which shall be composed of— (i) an individual that is a resident of Alaska appointed by the North Pacific Fishery Management Council; (ii) an individual appointed by the Pacific Fishery Management Council; (iii) an individual appointed by the Western Pacific Fishery Management Council; and (iv) 2 individuals appointed by the Secretary, including— (I) an Alaska Native, a Native Hawaiian, a native-born inhabitant of any possession of the United States in the Pacific Ocean, or a member of a Pacific Northwest tribe; and (II) a marine fisheries scientist that is a resident of a State the adjacent exclusive economic zone for which is bounded by the Convention Area. (B) Terms and privileges Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment. The Commissioner shall notify in advance the Advisory Committee of each meeting of the Commission. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. (C) Procedures The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this Act, the North Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fisheries resources and international fishery agreements. (2) Administrative matters (A) Support services The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. (B) Compensation; status; expenses An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay, but while away from the individual’s home or regular place of business in the performance of services for the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service is allowed expenses under section 5703 (ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 (e) Memorandum of understanding For fisheries resources in the Convention Area, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with the Western Pacific, Pacific, and North Pacific Fishery Management Councils, that clarifies the role of each relevant Council with respect to— (1) participation in U.S. delegations to international fishery organizations in the Pacific Ocean, including government-to-government consultations; (2) providing formal recommendations to the Secretary and the Secretary of State regarding necessary measures for both domestic and foreign vessels fishing for fisheries resources; (3) coordinating positions with the U.S. delegation for presentation to the appropriate international fishery organization; and (4) recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization, for approval and implementation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 4. Authority and responsibility of the Secretary of State The Secretary of State may— (1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission; (2) in consultation with the Secretary, approve, disapprove, object to, or withdraw objections to bylaws and rules, or amendments thereof, adopted by the Commission; (3) with the concurrence of the Secretary, approve or disapprove the general annual program of the Commission with respect to conservation and management measures and other measures proposed or adopted in accordance with the North Pacific Fisheries Convention; and (4) act upon, or refer to other appropriate authority, any communication under paragraph (1). 5. Rulemaking authority of the Secretary of Commerce (a) Promulgation of regulations The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the North Pacific Fisheries Convention and this Act, including recommendations and decisions adopted by the Commission. If the Secretary has discretion in the implementation of 1 or more measures adopted by the Commission that would govern fisheries resources under the authority of a Regional Fishery Management Council, the Secretary may promulgate, to the extent practicable within the implementation schedule of the North Pacific Fisheries Convention and any recommendations and decisions adopted by the Commission, such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (b) Rule of construction Regulations promulgated under subsection (a) shall be applicable only to a person, a fishing vessel, or fisheries resources covered by the North Pacific Fisheries Convention or this Act. (c) Judicial review of regulations (1) In general Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 (2) Responses Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. (3) Copies of administrative record A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition. (4) Expedited hearings Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. 6. Enforcement (a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating— (1) shall administer and enforce this Act and any regulations issued under this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (2) may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this Act. (b) Additional authority The Secretary may conduct, and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— (1) scientific, research, and other programs under this Act; (2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the North Pacific Fisheries Convention; (3) the collection, utilization, and disclosure of such information as may be necessary to implement the North Pacific Fisheries Convention, subject to sections 552 and 552a of title 5, United States Code, and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b) (4) if recommended by the Commissioners or proposed by a Council with authority over the relevant fisheries, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fish harvested by vessels of the United States in fisheries managed pursuant to this Act, to recover the actual costs to the United States of management and enforcement under this Act, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this Act; and (5) the issuance of permits to owners and operators of U.S. vessels to fish in the Convention Area seaward of the U.S. exclusive economic zone, under such terms and conditions as the Secretary may prescribe, including the period of time that a permit is valid. (c) Consistency with other laws The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 16 U.S.C. 951 et seq. Public Law 108–219 16 U.S.C. 971 et seq. 16 U.S.C. 6901 et seq. (d) Secretarial actions Except as provided under subsection (e), the Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 16 U.S.C. 1801 et seq. 16 U.S.C. 1858 (e) Jurisdiction of the courts (1) In general Subject to paragraphs (2) and (3), the district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act, and any such court may at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (3) Construction Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 (f) Confidentiality (1) In general Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and may not be disclosed, except— (A) to a Federal employee who is responsible for administering, implementing, and enforcing this Act; (B) to the Commission, in accordance with requirements in the North Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; (C) to State or Marine Fisheries Commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business or person; (D) when required by court order; or (E) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this Act. (2) Use of information (A) In general Except as provided under subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information submitted under this Act. (B) Exception The Secretary may release or make public information submitted under this Act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. (3) Rule of construction Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this Act. 7. Prohibited acts (a) In general It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to use any fishing vessel to engage in fishing activities after the revocation, or during the period of suspension, on an applicable permit issued pursuant to this Act; (3) to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, or the North Pacific Fisheries Convention; (4) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, or the North Pacific Fisheries Convention; (5) to resist a lawful arrest for any act prohibited by this Act; (6) to knowingly and willfully ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fisheries resources taken or retained in violation of this Act or any regulation, permit, or agreement referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this Act; (9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by or under contract to any person to carry out responsibilities under this Act; (10) to engage in fishing activities in violation of any regulation adopted pursuant to this Act; (11) to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fisheries resources taken or retained in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports required by regulations adopted pursuant to this Act to be made, kept, or furnished; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States; or (14) to import, in violation of any regulation adopted pursuant to this Act, any fisheries resources in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fisheries resources in any form not under regulation but under investigation by the Commission, during the period such fisheries resources have been denied entry in accordance with the provisions of this Act. (b) Entry certification In the case of any fisheries resources described in subsection (a) offered for entry into the United States, the Secretary shall require proof satisfactory to the Secretary that such fisheries resources are not ineligible for such entry under the terms of this Act. 8. Cooperation in carrying out Convention (a) Federal and State agencies; private institutions and organizations The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the North Pacific Fisheries Convention, in carrying out responsibilities under this Act. (b) Scientific and other programs; facilities and personnel Each Federal agency is authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the North Pacific Fisheries Convention. (c) Sanctioned fishing operations and biological experiments Nothing in this Act, or in the laws of any State, prevents the Secretary or the Commission from— (1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or (2) discharging any other duties prescribed by the North Pacific Fisheries Convention. (d) State jurisdiction not affected Except as provided in subsection (e), nothing in this Act shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States. (e) Application of regulations (1) In general Regulations promulgated under this Act shall apply within the boundaries of any State bordering on the Convention Area if— (A) the Secretary has provided notice to the State; (B) the State does not request a formal agency hearing; and (C) the Secretary determines that the State— (i) has not, within a reasonable period of time after the promulgation of regulations under this Act, enacted laws that implement the recommendations of the Commission within the boundaries of the State; or (ii) has enacted laws that implement the recommendations of the Commission within the boundaries of the State that— (I) are less restrictive than the regulations promulgated under this Act; or (II) are not effectively enforced. (2) Determination by Secretary The regulations promulgated under this Act shall apply until the Secretary determines that the State is effectively enforcing within that State's boundaries measures that are as restrictive or more restrictive than the regulations promulgated under this Act. (3) Formal agency hearing If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated under this Act within that State’s boundaries unless the hearing record supports a determination under clause (i) or (ii) of paragraph (1)(C). (f) Review of State laws and regulations To ensure that the purposes of subsection (e) are carried out, the Secretary shall undertake a continuing review of the laws of each State to which subsection (e) applies or may apply and the extent to which such laws and regulations are enforced. 9. Territorial participation The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. 10. Exclusive economic zone notification Masters of commercial fishing vessels of nations fishing under the management authority of the North Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities shall, prior to or as soon as reasonably possible after, entering and transiting the exclusive economic zone bounded by the Convention Area— (1) notify the U.S. Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter U.S. waters; (2) ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing activities and placed where it is not readily available for fishing activities; and (3) if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted. 11. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out this Act and to pay the United States contribution to the Commission under Article 12 of the North Pacific Fisheries Convention. 1. Short title This Act may be cited as the North Pacific Fisheries Convention Implementation Act 2. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Commission The term Commission (3) Commissioner The term Commissioner (4) Convention Area The term Convention Area (5) Council The term Council (6) Exclusive economic zone The term exclusive economic zone (7) Fisheries resources (A) In general The term fisheries resources (B) Exclusions The term fisheries resources (i) sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the 1982 Convention and indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention; (ii) catadromous species; (iii) marine mammals, marine reptiles, or seabirds; or (iv) other marine species already covered by pre-existing international fisheries management instruments within the area of competence of such instruments. (8) Fishing activities (A) In general The term fishing activities (i) the actual or attempted searching for, catching, taking, or harvesting of fisheries resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose; (iii) the processing of fisheries resources at sea; (iv) the transhipment of fisheries resources at sea or in port; or (v) any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment. (B) Exclusions The term fishing activities (9) Fishing vessel The term fishing vessel (10) North Pacific Fisheries Convention The term North Pacific Fisheries Convention (11) Person The term person (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or (C) any Federal, State, local, tribal, or foreign government or any entity of such government. (12) Secretary The term Secretary (13) State The term State (14) Straddling stock The term straddling stock (15) Transshipment The term transshipment (16) 1982 Convention The term 1982 Convention 3. Appointment of U.S. Commissioners (a) Appointment (1) In general The United States shall be represented on the Commission by not more than 5 U.S. Commissioners. In making each appointment, the President shall select a Commissioner from among individuals who are knowledgeable or experienced concerning fisheries resources in the North Pacific Ocean. (2) Representation At least 1 of the Commissioners shall be— (A) serving at the pleasure of the President, an officer or employee of— (i) the Department of Commerce; (ii) the Department of State; or (iii) the United States Coast Guard; and (B) the chairperson or designee of the North Pacific Fishery Management Council; (C) the chairperson or designee of the Pacific Fishery Management Council; and (D) the chairperson or designee of the Western Pacific Regional Fishery Management Council. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence of a Commissioner appointed under subsection (a). (c) Administrative matters (1) Employment status An individual serving as a Commissioner, or an alternative Commissioner, other than an officer or employee of the United States Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 chapter 171 (2) Compensation An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. (3) Travel expenses (A) In general The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (B) Reimbursement The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. (d) Advisory committee (1) Establishment of permanent advisory committee (A) Membership There is established an advisory committee which shall be composed of 11 members appointed by the Secretary, including— (i) a member engaging in commercial fishing activities in the management area of the North Pacific Fishery Management Council; (ii) a member engaging in commercial fishing activities in the management area of the Pacific Fishery Management Council; (iii) a member engaging in commercial fishing activities in the management area of the Western Pacific Regional Fishery Management Council; (iv) 3 members from the indigenous population of the North Pacific including an Alaska Native, Native Hawaiian or a native-born inhabitant of any possession of the United States in the Pacific, and an individual from a Pacific Coast tribe; (v) a member that is a marine fisheries scientist that is a resident of a State the adjacent exclusive economic zone for which is bounded by the Convention Area; (vi) a member representing a non-governmental organization active in fishery issues in the North Pacific; (vii) a member nominated by the Governor of the State of Alaska; (viii) a member nominated by the Governor of the State of Hawaii; and (ix) a member nominated by the Governor of the State of Washington. (B) Terms and privileges Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment for not more than 3 consecutive terms. The Commissioners shall notify the Advisory Committee in advance of each meeting of the Commissioners. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs, investigations, reports, recommendations, and regulations of the Commissioners. (C) Procedures The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this Act, the North Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fisheries resources and international fishery agreements. (2) Administrative matters (A) Support services The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. (B) Compensation; status; expenses An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay; and (ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 (e) Memorandum of understanding For fisheries resources in the Convention Area, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with each relevant Council that clarifies the role of each relevant Council with respect to— (1) participation in U.S. delegations to international fishery organizations in the Pacific Ocean, including government-to-government consultations; (2) providing formal recommendations to the Secretary and the Secretary of State regarding necessary measures for both domestic and foreign fishing vessels; (3) coordinating positions with the U.S. delegation for presentation to the appropriate international fishery organization; and (4) recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization, for approval and implementation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 4. Authority and responsibility of the Secretary of State The Secretary of State may— (1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission; (2) in consultation with the Secretary, approve, disapprove, object to, or withdraw objections to bylaws and rules, or amendments thereof, adopted by the Commission; (3) with the concurrence of the Secretary, approve or disapprove the general annual program of the Commission with respect to conservation and management measures and other measures proposed or adopted in accordance with the North Pacific Fisheries Convention; and (4) act upon, or refer to other appropriate authority, any communication under paragraph (1). 5. Authority of the Secretary of Commerce (a) Promulgation of regulations The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the North Pacific Fisheries Convention and this Act, including recommendations and decisions adopted by the Commission. If the Secretary has discretion in the implementation of 1 or more measures adopted by the Commission that would govern a straddling stock under the authority of a Council, the Secretary shall promulgate, to the extent practicable within the implementation schedule of the North Pacific Fisheries Convention and any recommendations and decisions adopted by the Commission, such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (b) Rule of construction Regulations promulgated under subsection (a) shall be applicable only to a person or a fishing vessel that is or has engaged in fishing activities, or fisheries resources covered by the North Pacific Fisheries Convention under this Act. (c) Additional authority The Secretary may conduct, and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— (1) scientific, research, and other programs under this Act; (2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the North Pacific Fisheries Convention; (3) the collection, utilization, and disclosure of such information as may be necessary to implement the North Pacific Fisheries Convention, subject to sections 552 and 552a of title 5, United States Code, and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b) (4) if recommended by the Commissioners, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fisheries resource harvested by vessels of the United States in fisheries conducted in the Convention Area, to recover the actual costs to the United States of management and enforcement under this Act, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this Act; and (5) the issuance of permits to owners and operators of U.S. vessels to engage in fishing activities in the Convention Area seaward of the U.S. exclusive economic zone, under such terms and conditions as the Secretary may prescribe, including the period of time that a permit is valid. (d) Consistency with other laws The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 16 U.S.C. 951 et seq. 16 U.S.C. 973 et seq. Public Law 108–219 16 U.S.C. 971 et seq. 16 U.S.C. 6901 et seq. (e) Judicial review of regulations (1) In general Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 (2) Responses Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. (3) Copies of administrative record A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition. (4) Expedited hearings Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. 6. Enforcement (a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating— (1) shall administer and enforce this Act and any regulations issued under this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (2) may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this Act. (b) Secretarial actions Except as provided under subsection (c), the Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this Act with respect to fishing activities or the conservation of fisheries resources in the Convention Area in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 16 U.S.C. 1801 et seq. 16 U.S.C. 1858 (c) Jurisdiction of the courts (1) In general Subject to paragraphs (2) and (3), the district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act, and any such court may at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (3) Construction Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 (d) Confidentiality (1) In general Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and may not be disclosed, except— (A) to a Federal employee who is responsible for administering, implementing, or enforcing this Act; (B) to the Commission, in accordance with requirements in the North Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; (C) to State, Council, or Marine Fisheries Commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person; (D) when required by court order; or (E) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this Act. (2) Use of information (A) In general Except as provided under subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information submitted under this Act. (B) Exception The Secretary may release or make public information submitted under this Act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. (3) Rule of construction Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this Act. 7. Prohibited acts It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to use any fishing vessel to engage in fishing activities without, or after the revocation or during the period of suspension of, an applicable permit issued pursuant to this Act; (3) to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, or the North Pacific Fisheries Convention; (4) to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, or the North Pacific Fisheries Convention; (5) to resist a lawful arrest for any act prohibited by this Act or any regulation promulgated or permit issued under this Act; (6) to knowingly and willfully ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fisheries resources taken or retained in violation of this Act or any regulation or permit referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this Act; (9) to assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by or under contract to any person to carry out responsibilities under this Act; (10) to engage in fishing activities in violation of any regulation adopted pursuant to this Act; (11) to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fisheries resources taken or retained in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports required by regulations adopted pursuant to this Act to be made, kept, or furnished; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States; (14) to import, in violation of any regulation adopted pursuant to this Act, any fisheries resources in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fisheries resources in any form not under regulation but under investigation by the Commission, during the period such fisheries resources have been denied entry in accordance with the provisions of this Act; (15) to make or submit any false record, account, or label for, or any false identification of, any fisheries resources which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce; or (16) to refuse to authorize and accept boarding by a duly authorized inspector pursuant to procedures adopted by the Commission for the boarding and inspection of fishing vessels in the Convention Area. 8. Cooperation in carrying out Convention (a) Federal and State agencies; private institutions and organizations The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the North Pacific Fisheries Convention, in carrying out responsibilities under this Act. (b) Scientific and other programs; facilities and personnel Each Federal agency is authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the North Pacific Fisheries Convention. (c) Sanctioned fishing operations and biological experiments Nothing in this Act, or in the laws of any State, prevents the Secretary or the Commission from— (1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or (2) discharging any other duties prescribed by the North Pacific Fisheries Convention. (d) State jurisdiction not affected Nothing in this Act shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States. 9. Territorial participation The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. 10. Exclusive economic zone notification Masters of commercial fishing vessels of nations fishing under the management authority of the North Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities shall, prior to or as soon as reasonably possible after, entering and transiting the exclusive economic zone bounded by the Convention Area— (1) notify the U.S. Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter U.S. waters; (2) ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing activities and placed where it is not readily available for fishing activities; and (3) if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted. 11. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary and the Secretary of State such sums as may be necessary to carry out this Act and to pay the United States contribution to the Commission under Article 12 of the North Pacific Fisheries Convention. (b) International cooperation and assistance (1) In general Subject to the limits of available appropriations and consistent with applicable law, the Secretary or the Secretary of State shall provide appropriate assistance to developing nations, and international organizations of which such nations are members, to assist those nations in meeting their obligations under the Convention. (2) Transfer of funds Subject to the limits of available appropriations and consistent with other applicable law, the Secretary and the Secretary of State are authorized to transfer funds to any foreign government, international, non-governmental, or international organization, including the Commission, for purposes of carrying out the international responsibilities under paragraph (1). December 8, 2014 Reported with an amendment
North Pacific Fisheries Convention Implementation Act
Lori Jackson Domestic Violence Survivor Protection Act - Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon, by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person subject to a court order, or an ex parte order, that restrains such person from: (1) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (2) intimidating or dissuading a witness from testifying in court.
To amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, and for other purposes. 1. Short title This Act may be cited as the Lori Jackson Domestic Violence Survivor Protection Act 2. Definitions of intimate partner misdemeanor crime of domestic violence Section 921(a) (1) in paragraph (32)— (A) by striking and an individual an individual (B) by inserting , or a dating partner (as defined in section 2266) or former dating partner (2) in paragraph (33)(A)(ii)— (A) by striking or by by (B) by inserting , or by a dating partner (as defined in section 2266) or former dating partner of the victim 3. Unlawful sale of firearm to a person subject to court order Section 922(d)(8) (8) is subject to a court order described in subsection (g)(8); or . 4. List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded Section 922(g)(8) (1) in the matter preceding subparagraph (A), by striking that (2) by striking subparagraphs (A) and (B) and inserting the following: (A) (i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or (ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided— (I) within the time required by State, tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the person’s right to due process; (B) that restrains such person from— (i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (ii) intimidating or dissuading a witness from testifying in court; and ; and (3) in subparagraph (C)— (A) by striking intimate partner or child individual described in subparagraph (B) (B) in clause (i), by inserting that includes (C) in clause (ii), by inserting that by its
Lori Jackson Domestic Violence Survivor Protection Act
South Pacific Fisheries Convention Implementation Act - Authorizes Department of Commerce to promulgate regulations to implement the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean, which was adopted at Auckland, New Zealand, on November 14, 2009. (The Convention includes the objectives of ensuring the long term conservation and sustainable use of fishery resources and safeguarding the marine ecosystems in the Convention Area.) (Sec. 3) Limits U.S. representation on the South Pacific Fisheries Commission to no more than three commissioners. Requires the President to appoint the representative to the Commission. Establishes an advisory committee for the Commission. Requires Commerce to develop a memorandum of understanding with the Western Pacific Regional Fishery Management Council to clarify the role of the Council with respect to participating in or working with U.S. delegations to international fishery organizations and making recommendations related to fishery resources in the Convention Area. (Sec. 4) Sets forth Department of State's authority and responsibilities with respect to the Commission, including authorizing the State Department to approve, disapprove, object to, or withdraw objections to bylaws and rules adopted by the Commission. (Sec. 5) Authorizes Commerce to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the South Pacific Fisheries Convention and this Act. Requires Commerce and Department of Homeland Security (DHS) to administer and enforce this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act. Gives the district courts of the United States exclusive jurisdiction over any case or controversy arising under this Act. (Sec. 7) Sets forth prohibited fishing and shipping acts in the Convention Area. (Sec. 9) Requires Commerce to ensure participation in the Commission and its subsidiary bodies by the by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. (Sec. 10) Establishes notification requirements commercial fishing vessels before entering or transiting the exclusive economic zone of the Convention Area, if the vessels do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities. (Sec. 11) Authorizes appropriations to Commerce and the State Department to carry out this Act and to pay for the United State's contribution to the Commission. Requires Commerce or the State Department to provide appropriate assistance to assist developing nations in meeting their obligations under the Convention.
To implement the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean, as adopted at Auckland on November 14, 2009, and for other purposes. 1. Short title This Act may be cited as the South Pacific Fisheries Convention Implementation Act 2. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Commission The term Commission (3) Commissioner The term Commissioner (4) Convention Area The term Convention Area (A) the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction, bounded by the 10° parallel of north latitude and the 20° parallel of south latitude and by the 135° meridian of east longitude and the 150° meridian of west longitude; and (B) the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction— (i) east of a line extending south along the 120° meridian of east longitude from the outer limit of the national jurisdiction of Australia off the south coast of Western Australia to the intersection with the 55° parallel of south latitude; then due east along the 55° parallel of south latitude to the intersection with the 150° meridian of east longitude; then due south along the 150° meridian of east longitude to the intersection with the 60° parallel of south latitude; (ii) north of a line extending east along the 60° parallel of south latitude from the 150° meridian of east longitude to the intersection with the 67° 16' meridian of west longitude; (iii) west of a line extending north along the 67° 16' meridian of west longitude from the 60° parallel of south latitude to its intersection with the outer limit of the national jurisdiction of Chile; then along the outer limits of the national jurisdictions of Chile, Peru, Ecuador and Colombia to the intersection with the 2° parallel of north latitude; and (iv) south of a line extending west along the 2° parallel of north latitude (but not including the national jurisdiction of Ecuador (Galapagos Islands)) to the intersection with the 150° meridian of west longitude; then due north along the 150° meridian of west longitude to its intersection with 10° parallel of north latitude; then west along the 10° parallel of north latitude to its intersection with the outer limits of the national jurisdiction of the Marshall Islands; and then generally south and around the outer limits of the national jurisdictions of Pacific States and territories, New Zealand and Australia until it connects to the commencement of the line described in clause (i). (5) Council The term Council (6) Exclusive economic zone The term exclusive economic zone (7) Fishery resources (A) In general The term fishery resources (B) Inclusions The term fishery resources (C) Exclusions The term fishery resources (i) sedentary species in so far as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention; (ii) highly migratory species listed in Annex I of the 1982 Convention; (iii) anadromous species; (iv) catadromous species; (v) marine mammals; (vi) marine reptiles; or (vii) sea birds. (8) Fishing (A) In general The term fishing (i) the actual or attempted searching for, catching, taking, or harvesting of fishery resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fishery resources for any purpose; (iii) transshipment and any operation at sea in direct support of, or in preparation for, any activity described in this subparagraph; and (iv) the use of any vessel, vehicle, aircraft, or hovercraft, in relation to any activity described in clauses (i) through (iii). (B) Exclusions The term fishing (9) Fishing vessel The term fishing vessel (10) Panel The term Panel (11) Person The term person (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; and (C) any Federal, State, local, tribal, or foreign government or any entity of such government. (12) Secretary The term Secretary (13) South Pacific Fisheries Convention The term South Pacific Fisheries Convention (14) State The term State (15) Transshipment The term transshipment (16) 1982 Convention The term 1982 Convention 3. Appointment of United States Commissioner (a) Appointment The United States shall be represented on the Commission by 1 U.S. Commissioner. The President shall appoint an individual to serve on the Commission at the pleasure of the President. In making an appointment, the President shall select an individual who is knowledgeable or experienced concerning fishery resources in the South Pacific Ocean. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence, for whatever reason, of a Commissioner appointed under subsection (a). (c) Administrative matters (1) Employment status An individual serving as a Commissioner, or as an alternate Commissioner, other than an officer or employee of the U.S. Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code and chapter 171 (2) Compensation An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. (3) Travel expenses (A) In general The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (B) Reimbursement The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. (d) Advisory committee (1) Establishment of permanent advisory committee (A) Membership There is established an advisory committee which shall be composed of— (i) not less than 15 nor more than 20 individuals appointed by the Secretary in consultation with the Commissioner, who shall select such individuals from the various groups concerned with the fishery resources covered by the South Pacific Fisheries Convention, providing, to the maximum extent practicable, an equitable balance among such groups; and (ii) the chairperson of the Panel or the chairperson’s designee. (B) Terms and privileges Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment. The Commissioner shall notify in advance the Advisory Committee of each meeting of the Commission. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. (C) Procedures The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this Act, the South Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fishery resources and international fishery agreements. (2) Administrative matters (A) Support services The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. (B) Compensation; status; expenses An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay, but while away from the individual’s home or regular place of business in the performance of services for the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service is allowed expenses under section 5703 (ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 (e) Memorandum of understanding For fishery resources in the Convention Area, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with the Council, that clarifies the role of the Council with respect to— (1) participation in U.S. delegations to international fishery organizations in the Pacific Ocean, including government-to-government consultations; (2) providing formal recommendations to the Secretary and the Secretary of State regarding necessary measures for both domestic and foreign vessels fishing for fishery resources; (3) coordinating positions with the U.S. delegation for presentation to the appropriate international fishery organization; and (4) recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization, for approval and implementation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 4. Authority and responsibility of the Secretary of State The Secretary of State may— (1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission; (2) in consultation with the Secretary, approve, disapprove, object to, or withdraw objections to bylaws and rules, or amendments thereof, adopted by the Commission; (3) with the concurrence of the Secretary, approve or disapprove the general annual program of the Commission with respect to conservation and management measures and other measures proposed or adopted in accordance with the South Pacific Fisheries Convention; and (4) act upon, or refer to other appropriate authority, any communication under paragraph (1). 5. Rulemaking authority of the Secretary of Commerce (a) Promulgation of regulations The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out U.S. international obligations under the South Pacific Fisheries Convention and this Act, including recommendations and decisions adopted by the Commission. If the Secretary has discretion in the implementation of 1 or more measures adopted by the Commission that would govern fishery resources under the authority of the Council, the Secretary may promulgate, to the extent practicable within the implementation schedule of the South Pacific Fisheries Convention and any recommendations and decisions adopted by the Commission, such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (b) Judicial review of regulations (1) In general Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 (2) Responses Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. (3) Copies of administrative record A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition. (4) Expedited hearings Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. 6. Enforcement (a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating— (1) shall administer and enforce this Act and any regulations issued under this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (2) may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this Act. (b) Additional authority The Secretary may conduct, and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— (1) scientific, research, and other programs under this Act; (2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the South Pacific Fisheries Convention; (3) the collection, utilization, and disclosure of such information as may be necessary to implement the South Pacific Fisheries Convention, subject to sections 552 and 552a of title 5, United States Code, and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b) (4) if recommended by the Commissioner or proposed by the Council, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fish harvested by vessels of the United States from fishery resources managed under this Act, to recover the actual costs to the United States of management and enforcement under this Act, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this Act; and (5) the issuance of permits to owners and operators of U.S. vessels to fish in the Convention Area seaward of the U.S. exclusive economic zone, under such terms and conditions as the Secretary may prescribe, including the period of time that a permit is valid. (c) Consistency with other laws The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 16 U.S.C. 951 et seq. Public Law 108–219 16 U.S.C. 971 et seq. 16 U.S.C. 6901 et seq. (d) Secretarial actions Except as provided under subsection (e), the Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 16 U.S.C. 1801 et seq. 16 U.S.C. 1858 (e) Jurisdiction of the courts (1) In general Subject to paragraphs (2) and (3), the district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act, and any such court may at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (3) Construction Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 (f) Confidentiality (1) In general Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and may not be disclosed, except— (A) to a Federal employee who is responsible for administering, implementing, and enforcing this Act; (B) to the Commission, in accordance with requirements in the South Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; (C) to a State or Marine Fisheries Commission employee pursuant to an agreement with the Secretary that prevents public disclosure of the identity of any business or individual; (D) when required by court order; or (E) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this Act. (2) Use of information (A) In general Except as provided under subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information under this Act. (B) Exception The Secretary may release or make public information submitted under this Act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. (3) Rule of construction Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this Act. 7. Prohibited acts (a) In general It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, on an applicable permit issued under this Act; (3) to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or the South Pacific Fisheries Convention; (4) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this Act or the South Pacific Fisheries Convention; (5) to resist a lawful arrest for any act prohibited by this Act; (6) to knowingly and willfully ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resource taken or retained in violation of this Act or any regulation, permit, or agreement referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this Act; (9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by or under contract to any person to carry out responsibilities under this Act; (10) to engage in fishing in violation of any regulation adopted pursuant to this Act; (11) to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fishery resource taken or retained in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports required to be made, kept, or furnished under this Act; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States; or (14) to import, in violation of any regulation adopted pursuant to this Act, any fishery resource in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fishery resource in any form not under regulation but under investigation by the Commission, during the period the fishery resource has been denied entry in accordance with the provisions of this Act. (b) Entry certification In the case of any fishery resource described in subsection (a) offered for entry into the United States, the Secretary shall require proof satisfactory to the Secretary that the fishery resource is not ineligible for such entry under the terms of this Act. 8. Cooperation in carrying out Convention (a) Federal and State agencies; private institutions and organizations The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the South Pacific Fisheries Convention, in carrying out responsibilities under this Act. (b) Scientific and other programs; facilities and personnel Each Federal agency is authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the South Pacific Fisheries Convention. (c) Sanctioned fishing operations and biological experiments Nothing in this Act, or in the laws of any State, prevents the Secretary or the Commission from— (1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or (2) discharging any other duties prescribed by the South Pacific Fisheries Convention. (d) State jurisdiction not affected Except as provided in subsection (e), nothing in this Act shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States. (e) Application of regulations (1) In general Regulations promulgated under this Act shall apply within the boundaries of any State bordering on the Convention Area if— (A) the Secretary has provided notice to the State; (B) the State does not request a formal agency hearing; and (C) the Secretary determines that the State— (i) has not, within a reasonable period of time after the promulgation of regulations under this Act, enacted laws that implement the recommendations of the Commission within the boundaries of the State; or (ii) has enacted laws that implement the recommendations of the Commission within the boundaries of the State that— (I) are less restrictive than the regulations promulgated under this Act; or (II) are not effectively enforced. (2) Determination by Secretary The regulations promulgated under this Act shall apply until the Secretary determines that the State is effectively enforcing within that State’s boundaries measures that are as or more restrictive than the regulations promulgated under this Act. (3) Formal agency hearing If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated under this Act within that State’s boundaries unless the hearing record supports a determination under clause (i) or (ii) of paragraph (1)(C). (f) Review of State laws and regulations To ensure that the purposes of subsection (e) are carried out, the Secretary shall undertake a continuing review of the laws of each State to which subsection (e) applies or may apply and the extent to which such laws and regulations are enforced. 9. Territorial participation The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. 10. Exclusive economic zone notification Masters of commercial fishing vessels of nations fishing under the management authority of the South Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities shall, prior to, or as soon as reasonably possible after, entering and transiting the exclusive economic zone seaward of the Convention Area— (1) notify the U.S. Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter U.S. waters; (2) ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing and placed where it is not readily available for fishing; and (3) if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted. 11. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out this Act and to pay the United States contribution to the Commission under Article 15 of the South Pacific Fisheries Convention. 1. Short title This Act may be cited as the South Pacific Fisheries Convention Implementation Act 2. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Commission The term Commission (3) Commissioner The term Commissioner (4) Convention Area The term Convention Area (A) the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction, bounded by the 10° parallel of north latitude and the 20° parallel of south latitude and by the 135° meridian of east longitude and the 150° meridian of west longitude; and (B) the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction— (i) east of a line extending south along the 120° meridian of east longitude from the outer limit of the national jurisdiction of Australia off the south coast of Western Australia to the intersection with the 55° parallel of south latitude; then due east along the 55° parallel of south latitude to the intersection with the 150° meridian of east longitude; then due south along the 150° meridian of east longitude to the intersection with the 60° parallel of south latitude; (ii) north of a line extending east along the 60° parallel of south latitude from the 150° meridian of east longitude to the intersection with the 67° 16' meridian of west longitude; (iii) west of a line extending north along the 67° 16' meridian of west longitude from the 60° parallel of south latitude to its intersection with the outer limit of the national jurisdiction of Chile; then along the outer limits of the national jurisdictions of Chile, Peru, Ecuador and Colombia to the intersection with the 2° parallel of north latitude; and (iv) south of a line extending west along the 2° parallel of north latitude (but not including the national jurisdiction of Ecuador (Galapagos Islands)) to the intersection with the 150° meridian of west longitude; then due north along the 150° meridian of west longitude to its intersection with 10° parallel of north latitude; then west along the 10° parallel of north latitude to its intersection with the outer limits of the national jurisdiction of the Marshall Islands; and then generally south and around the outer limits of the national jurisdictions of Pacific States and territories, New Zealand and Australia until it connects to the commencement of the line described in clause (i). (5) Council The term Council (6) Exclusive economic zone The term exclusive economic zone (7) Fishery resources (A) In general The term fishery resources (B) Inclusions The term fishery resources (C) Exclusions The term fishery resources (i) sedentary species in so far as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention; (ii) highly migratory species listed in Annex I of the 1982 Convention; (iii) anadromous species; (iv) catadromous species; (v) marine mammals; (vi) marine reptiles; or (vii) sea birds. (8) Fishing (A) In general The term fishing (i) the actual or attempted searching for, catching, taking, or harvesting of fishery resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fishery resources for any purpose; (iii) transshipment and any operation at sea in direct support of, or in preparation for, any activity described in this subparagraph; or (iv) the use of any vessel, vehicle, aircraft, or hovercraft, in relation to any activity described in clauses (i) through (iii). (B) Exclusions The term fishing (9) Fishing vessel The term fishing vessel (10) Panel The term Panel (11) Person The term person (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or (C) any Federal, State, local, tribal, or foreign government or any entity of such government. (12) Secretary The term Secretary (13) South Pacific Fisheries Convention The term South Pacific Fisheries Convention (14) State The term State (15) Straddling stock The term straddling stock (16) Transshipment The term transshipment (17) 1982 Convention The term 1982 Convention 3. Appointment of U.S. Commissioners (a) Appointment (1) In general The United States shall be represented on the Commission by not more than 3 U.S. Commissioners. In making each appointment, the President shall select a Commissioner from among individuals who are knowledgeable or experienced concerning fishery resources in the South Pacific Ocean. (2) Representation At least 1 of the Commissioners shall be— (A) serving at the pleasure of the President, an officer or employee of— (i) the Department of Commerce; (ii) the Department of State; or (iii) the United States Coast Guard; and (B) the chairperson or designee of the Council. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence of a Commissioner appointed under subsection (a). (c) Administrative matters (1) Employment status An individual serving as a Commissioner, or as an alternate Commissioner, other than an officer or employee of the U.S. Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code and chapter 171 (2) Compensation An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. (3) Travel expenses (A) In general The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (B) Reimbursement The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. (d) Advisory committee (1) Establishment of permanent advisory committee (A) Membership There is established an advisory committee which shall be composed of 7 members appointed by the Secretary, including— (i) a member engaging in commercial fishing in the management area of the Council; (ii) 2 members from the indigenous population of the Pacific including a Native Hawaiian and a native-born inhabitant of any possession of the United States in the Pacific; (iii) a member that is a marine fisheries scientist and a member of the Council's Scientific and Statistical Committee; (iv) a member representing a non-governmental organization active in fishery issues in the Pacific; (v) a member nominated by the Governor of the State of Hawaii; and (vi) a member designated by the Council. (B) Terms and privileges Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment for not more than 3 consecutive terms. The Commissioners shall notify the Advisory Committee in advance of each meeting of the Commissioners. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs, investigations, reports, recommendations, and regulations of the Commissioners. (C) Procedures The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this Act, the South Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fishery resources and international fishery agreements. (2) Administrative matters (A) Support services The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. (B) Compensation; status; expenses An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay; and (ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 chapter 171 (e) Memorandum of understanding For fishery resources in the Convention Area, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with the Council that clarifies the role of the Council with respect to— (1) participation in U.S. delegations to international fishery organizations in the Pacific Ocean, including government-to-government consultations; (2) providing formal recommendations to the Secretary and the Secretary of State regarding necessary measures for both domestic and foreign fishing vessels; (3) coordinating positions with the U.S. delegation for presentation to the appropriate international fishery organization; and (4) recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization, for approval and implementation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 4. Authority and responsibility of the Secretary of State The Secretary of State may— (1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission; (2) in consultation with the Secretary, approve, disapprove, object to, or withdraw objections to bylaws and rules, or amendments thereof, adopted by the Commission; (3) with the concurrence of the Secretary, approve or disapprove the general annual program of the Commission with respect to conservation and management measures and other measures proposed or adopted in accordance with the South Pacific Fisheries Convention; and (4) act upon, or refer to other appropriate authority, any communication under paragraph (1). 5. Authority of the Secretary of Commerce (a) Promulgation of regulations The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out U.S. international obligations under the South Pacific Fisheries Convention and this Act, including recommendations and decisions adopted by the Commission. If the Secretary has discretion in the implementation of 1 or more measures adopted by the Commission that would govern a straddling stock under the authority of the Council, the Secretary shall promulgate, to the extent practicable within the implementation schedule of the South Pacific Fisheries Convention and any recommendations and decisions adopted by the Commission, such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (b) Rule of construction Regulations promulgated under subsection (a) shall be applicable only to a person or a fishing vessel that is or has engaged in fishing, or fishery resources covered by the South Pacific Fisheries Convention under this Act. (c) Additional authority The Secretary may conduct, and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— (1) scientific, research, and other programs under this Act; (2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the South Pacific Fisheries Convention; (3) the collection, utilization, and disclosure of such information as may be necessary to implement the South Pacific Fisheries Convention, subject to sections 552 and 552a of title 5, United States Code, and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b) (4) if recommended by the Commissioners, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fishery resources harvested by vessels of the United States in fisheries conducted in the Convention Area, to recover the actual costs to the United States of management and enforcement under this Act, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this Act; and (5) the issuance of permits to owners and operators of U.S. vessels to engage in fishing in the Convention Area seaward of the U.S. exclusive economic zone, under such terms and conditions as the Secretary may prescribe, including the period of time that a permit is valid. (d) Consistency with other laws The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 16 U.S.C. 951 et seq. 16 U.S.C. 973 et seq. Public Law 108–219 16 U.S.C. 971 et seq. 16 U.S.C. 6901 et seq. (e) Judicial review of regulations (1) In general Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 (2) Responses Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. (3) Copies of administrative record A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition. (4) Expedited hearings Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. 6. Enforcement (a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating— (1) shall administer and enforce this Act and any regulations issued under this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (2) may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this Act. (b) Secretarial actions Except as provided under subsection (c), the Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this Act with respect to fishing or the conservation of fishery resources in the Convention Area in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 16 U.S.C. 1801 et seq. 16 U.S.C. 1858 (c) Jurisdiction of the courts (1) In general Subject to paragraphs (2) and (3), the district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act, and any such court may at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (3) Construction Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 (d) Confidentiality (1) In general Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and may not be disclosed, except— (A) to a Federal employee who is responsible for administering, implementing, or enforcing this Act; (B) to the Commission, in accordance with requirements in the South Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; (C) to a State or Council employee pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person; (D) when required by court order; or (E) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this Act. (2) Use of information (A) In general Except as provided under subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information under this Act. (B) Exception The Secretary may release or make public information submitted under this Act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. (3) Rule of construction Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this Act. 7. Prohibited acts It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to use any fishing vessel to engage in fishing without, or after the revocation or during the period of suspension of, an applicable permit issued under this Act; (3) to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or the South Pacific Fisheries Convention; (4) to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this Act or the South Pacific Fisheries Convention; (5) to resist a lawful arrest for any act prohibited by this Act or any regulation promulgated or permit issued under this Act; (6) to knowingly and willfully ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this Act or any regulation or permit referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this Act; (9) to assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by or under contract to any person to carry out responsibilities under this Act; (10) to engage in fishing in violation of any regulation adopted pursuant to this Act; (11) to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fishery resources taken or retained in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports required to be made, kept, or furnished under this Act; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States; (14) to import, in violation of any regulation adopted pursuant to this Act, any fishery resources in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fishery resources in any form not under regulation but under investigation by the Commission, during the period the fishery resources have been denied entry in accordance with the provisions of this Act; (15) to make or submit any false record, account, or label for, or any false identification of, any fishery resources which have been, or are intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce; or (16) to refuse to authorize and accept boarding by a duly authorized inspector pursuant to procedures adopted by the Commission for the boarding and inspection of fishing vessels in the Convention Area. 8. Cooperation in carrying out Convention (a) Federal and State agencies; private institutions and organizations The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the South Pacific Fisheries Convention, in carrying out responsibilities under this Act. (b) Scientific and other programs; facilities and personnel Each Federal agency is authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the South Pacific Fisheries Convention. (c) Sanctioned fishing operations and biological experiments Nothing in this Act, or in the laws of any State, prevents the Secretary or the Commission from— (1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or (2) discharging any other duties prescribed by the South Pacific Fisheries Convention. (d) State jurisdiction not affected Nothing in this Act shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States. 9. Territorial participation The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. 10. Exclusive economic zone notification Masters of commercial fishing vessels of nations fishing under the management authority of the South Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities shall, prior to, or as soon as reasonably possible after, entering and transiting the exclusive economic zone seaward of the Convention Area— (1) notify the U.S. Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter U.S. waters; (2) ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing and placed where it is not readily available for fishing; and (3) if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted. 11. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary and the Secretary of State such sums as may be necessary to carry out this Act and to pay the United States contribution to the Commission under Article 15 of the South Pacific Fisheries Convention. (b) International cooperation and assistance (1) In general Subject to the limits of available appropriations and consistent with applicable law, the Secretary or the Secretary of State shall provide appropriate assistance, including grants, to developing nations and international organizations of which such nations are members to assist those nations in meeting their obligations under the Convention. (2) Transfer of funds Subject to the limits of available appropriations and consistent with other applicable law, the Secretary and the Secretary of State are authorized to transfer funds to any foreign government, international, non-governmental, or international organization, including the Commission, for purposes of carrying out the international responsibilities under paragraph (1). December 8, 2014 Reported with an amendment
South Pacific Fisheries Convention Implementation Act
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Northwest Atlantic Fisheries Convention Amendments Act - (Sec. 9) Reauthorizes and amends the Northwest Atlantic Fisheries Convention Act of 1995, which provides for: (1) the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done in Ottawa on October 24, 1978 (1978 Convention); and (2) the management and conservation of fish in the Conservation area (specified waters in the Northwest Atlantic Ocean). Provides for the implementation of the Convention on Cooperation in the Northwest Atlantic Fisheries, as adopted in Lisbon on September 28, 2007, which amends the 1978 Convention. Applies this Act to all fish, mollusks, and crustaceans within the Convention, excluding: (1) sedentary species over which coastal states may exercise sovereign rights consistent with the United Nations Convention on the Law of the Sea of 10 December 1982 (1982 Convention), and (2) anadromous and catadromous stocks and highly migratory species managed under other international treaties and listed in the 1982 Convention. Applies this Act to vessels engaged in fishing activities, including fish harvesting vessels, fish processing vessels, vessels engaged in transshipment of fishery resources, and vessels engaged in experimental or exploratory fishing activities. (Sec. 10) Repeals provisions requiring the Secretary of Commerce to establish and report on a new quota allocation practice.
To implement the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, as adopted at Lisbon on September 28, 2007. 1. Short title; references to the Northwest Atlantic Fisheries Convention Act of 1995 (a) Short title This Act may be cited as the Northwest Atlantic Fisheries Convention Amendments Act (b) References to the Northwest Atlantic Fisheries Convention Act of 1995 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.). 2. Representation of the United States under Convention Section 202 ( 16 U.S.C. 5601 (1) in subsection (a)(1), by striking General Council and the Fisheries (2) in subsection (b)(1), by striking at a meeting of the General Council or the Fisheries Commission (3) in subsection (b)(2), by striking , at any meeting of the General Council or the Fisheries Commission for which the alternate Commission is designated (4) in subsection (d)(1), by striking at a meeting of the Scientific Council (5) in subsection (d)(2), by striking , at any meeting of the Scientific Council for which the Alternative Representative is designated 3. Requests for scientific advice Section 203 ( 16 U.S.C. 5602 (1) in subsection (a)— (A) by striking The Representatives may A Representative may (B) by striking described in subsection (b)(1) or (2) described in paragraph (1) or (2) of subsection (b) (C) by striking the Representatives have the Representative has (2) by striking VII(1) VII(10)(b) (3) in subsection (b)(2), by striking VIII(2) VII(11) 4. Authorities of Secretary of State with respect to Convention Section 204 ( 16 U.S.C. 5603 Fisheries Commission Commission consistent with the procedures detailed in Articles XIV and XV of the Convention 5. Interagency cooperation Section 205(a) ( 16 U.S.C. 5604(a) (a) Authorities of the Secretary In carrying out the provisions of the Convention and this Act, the Secretary may arrange for cooperation with— (1) any department, agency, or instrumentality of the United States; (2) a State; (3) a Council; or (4) a private institution or an organization. . 6. Prohibited acts and penalties Section 207 ( 16 U.S.C. 5606 fish fishery resources 7. Consultative committee Section 208 ( 16 U.S.C. 5607 General Council or the Fisheries 8. Definitions Section 210 ( 16 U.S.C. 5609 210. Definitions In this Act— (1) 1982 Convention The term 1982 Convention (2) Authorized enforcement officer The term authorized enforcement officer (3) Commission The term Commission (4) Commissioner The term Commissioner (5) Convention The term Convention (6) Convention Area The term Convention Area (7) Council The term Council (8) Fishery resources (A) In general The term fishery resources (B) Exclusions The term fishery resources (i) sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or (ii) in so far as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention. (9) Fishing activities (A) In general The term fishing activities (B) Inclusions The term fishing activities (i) the actual or attempted searching for or catching or taking of fishery resources; (ii) any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and (iii) any operation at sea in support of, or in preparation for, any activity described in this paragraph. (C) Exclusions The term fishing activities (10) Fishing vessel (A) In general The term fishing vessel (B) Inclusions The term fishing vessel (11) Organization The term Organization (12) Person The term person (13) Representative The term Representative (14) Scientific Council The term Scientific Council (15) Secretary The term Secretary (16) State The term State (17) Transshipment The term transshipment . 9. Authorization of appropriations Section 211 ( 16 U.S.C. 5610 (1) by striking XVI IX (2) by striking through fiscal year 2012 10. Quota allocation practice Section 213 ( 16 U.S.C. 5612 December 8, 2014 Reported without amendment
Northwest Atlantic Fisheries Convention Amendments Act
Restoring Overtime Pay for Working Americans Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish salary thresholds for the exemption of executive, administrative, and professional employees from federal minimum wage and maximum hour requirements (allowing these individuals to receive overtime pay.) Establishes salary thresholds also for exemption of highly compensated employees from these FLSA requirements, if the Secretary of Labor determines such employees may be exempted. Prescribes a fine for any employer who repeatedly or willfully violates the FLSA requirement to make, keep, and preserve records of employees and their wages, hours, and other conditions and practices of employment.
To amend the Fair Labor Standards Act of 1938 to establish salary thresholds for and limitations on executive, administrative, and professional employees and address highly compensated employees, for purposes of the requirements for exemption from the Federal minimum wage and maximum hour provisions, and for other purposes. 1. Short title This Act may be cited as the Restoring Overtime Pay for Working Americans Act 2. Salary thresholds, highly compensated employees, and primary duties (a) Salary thresholds for executive, administrative, and professional employees Section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 (1) in subsection (a)(1), by inserting before ; or , subject to the requirement that any employee whom the Secretary determines is required to be paid on a salary (or equivalent fee basis) in order to be exempt under this subsection shall, in order to be so exempt, receive compensation at a rate of not less than the salary rate (or equivalent fee basis) determined under subsection (k) (2) by adding at the end the following: (k) Salary rate (or equivalent fee basis) (1) In general The salary rate (or equivalent fee basis) determined under this subsection for purposes of subsection (a)(1) shall be— (A) beginning 1 year after the first day of the first month that begins after the date of enactment of the Restoring Overtime Pay for Working Americans Act, $665 per week; (B) beginning 2 years after such first day, $865 per week; (C) beginning 3 years after such first day, $1,090 per week; and (D) beginning on the date that is 4 years after such first day, and on such first day in each succeeding year, an adjusted amount that is— (i) not less than the amount in effect under this paragraph on the day before the date of such adjustment; (ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and (iii) rounded to the nearest multiple of $1.00. (2) Special rule Notwithstanding paragraph (1), for any employee for whom the minimum wage would otherwise be determined pursuant to section 8103(b) of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 (l) Primary duty In any case where an employer classifies an employee as an employee employed in a bona fide executive, administrative, or professional capacity, for the purpose of subsection (a)(1), or in a position described in subsection (a)(17), for the purpose of such subsection, such employee shall not spend more than 50 percent of such employee's work hours in a workweek on duties that are not exempt under paragraph (1) or (17) of subsection (a), respectively. (m) Definitions For the purposes of this section: (1) Annual percentage increase The term annual percentage increase (2) Consumer Price Index for Urban Wage Earners and Clerical Workers The term Consumer Price Index for Urban Wage Earners and Clerical Workers . (b) Highly compensated employees (1) In general If the Secretary of Labor, in the discretion of such Secretary, determines that an employee may be exempt for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), as a highly compensated employee (as such term is defined and delimited by the Secretary), then the level of total annual compensation necessary for such exemption shall be— (A) beginning 1 year after the first day of the first month that begins after the date of enactment of this Act, $108,000; (B) beginning 2 years after such first day, $116,000; (C) beginning 3 years after such first day, $125,000; and (D) beginning on the date that is 4 years after such first day, and for each succeeding calendar year, an adjusted amount that is— (i) not less than the amount in effect under this paragraph on the day before the date of such adjustment; (ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and (iii) rounded to the nearest multiple of $1.00. (2) Rule of construction Nothing in this subsection or the regulations promulgated by the Secretary of Labor under this subsection shall override any provision of a collective bargaining agreement that provides for overtime employment compensation, or rights to such compensation, that exceed the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (3) Definitions For purposes of this subsection, the terms annual percentage increase Consumer Price Index for Urban Wage Earners and Clerical Workers 29 U.S.C. 213(m) (c) Publication of notice (1) In general Not later than 60 days before the effective date of any adjustment in the salary rate (or equivalent fee basis) required under section 13(k)(1)(D) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(k)(1)(D) (2) Nonapplicability of rulemaking requirements The provisions of section 553 (d) Penalties Section 16(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(2) or section 11(c), relating to the records that each employer is required to make, keep, and preserve, relating to wages, (e) Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 1 year after the first day of the first month that begins after the date of enactment of this Act.
Restoring Overtime Pay for Working Americans Act
Access to Capital, Access to Opportunity Act - Amends the Small Business Act to increase from $50,000 to $100,000 the maximum amount of a loan under the microloan program. Authorizes the Administrator of the Small Business Administration (SBA) to use amounts made available for administrative expenses to carry out the direct and guaranteed loan programs to pay for any costs associated with these increases. Requires the Administrator to develop and adopt outcome-oriented standards to measure the microloan program's performance, including the recommendations provided in the SBA Office of Inspector General Memorandum ROM-10-10, "SBA's Administration of the Microloan Program under the Recovery Act," issued December 28, 2009. Authorizes the Administrator to educate individuals, including owners and operators of small businesses and aspiring entrepreneurs, about the microloan program.
To amend the Small Business Act to increase the maximum loan limits under the microloan program, and for other purposes. 1. Short title This Act may be cited as the Access to Capital, Access to Opportunity Act 2. Definitions In this Act— (1) the terms Administration Administrator (2) the term microloan program 15 U.S.C. 636(m) (3) the term small business concern 15 U.S.C. 632 3. Maximum loan limits under microloan program (a) In general Section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (1) in paragraph (1)(B)(iii), by striking $50,000 $100,000 (2) in paragraph (3)(E), by striking $50,000 $100,000 (3) in paragraph (11)(B), by striking $50,000 $100,000 (b) Funding The Administrator may use amounts made available to the Administrator for administrative expenses to carry out the direct and guaranteed loan programs to pay for any costs associated with the amendments made under subsection (a). 4. Adoption of outcome-oriented performance measures Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and adopt outcome-oriented standards to measure the performance of the microloan program, including the recommendations provided in the Office of the Inspector General of the Administration Memorandum ROM–10–10, SBA's Administration of the Microloan Program under the Recovery Act, issued December 28, 2009. 5. Education on the microloan program Section 7(m)(1)(B) of the Small Business Act ( 15 U.S.C. 636(m)(1)(B) (1) in clause (ii), by striking and (2) in clause (iii), by striking the period at the end and inserting ; and (3) by adding at the end the following: (iv) to educate individuals, including owners and operators of small business concerns and aspiring entrepreneurs, about the microloan program. .
Access to Capital, Access to Opportunity Act