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National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Allows military technicians who were hired as dual status technicians but are no longer members of the Selected Reserve to continue to receive compensation. Requires dual status military technicians who are fully qualified for, and properly performing, the duties of such position to be: (1) retained in the Armed Forces, (2) exempt from consideration for involuntary separation by a military retention board, and (3) entitled to re-enlist as enlisted members so as to maintain their eligibility for continued employment as dual status military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Prohibits federal employees who volunteer for active National Guard and Reserve duty from accruing military leave at the rate of 15 days each fiscal year for active duty, inactive duty training, or funeral honors duty in the National Guard or Reserves. Directs the Comptroller General to evaluate the feasibility of converting military technicians from coverage under the Federal Employees Health Benefits Program (FEHBP) to coverage under the TRICARE Reserve Select option of the TRICARE program.
To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, and for other purposes. 1. Short title This Act may be cited as the National Guard Technician Equity Act 2. Titles 10 and 32, United States Code, amendments regarding National Guard technicians and related provisions (a) Authority To employ technician as non-Dual status technician after 20 years of creditable service Subsection (c) of section 709 (c) A person shall have the right to be employed under subsection (a) as a non-dual status technician (as defined by section 10217 (1) the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician; or (2) the person occupying the technician position has at least 20 years of creditable service as a military technician (dual status). . (b) Exception to dual-Status employment condition of membership in Selected Reserve Section 10216 (1) in subsection (a)(1)(B), by inserting subject to subsection (d), is required (2) in subsection (d)(1), by striking Unless specifically exempted by law Except as provided in section 709(c)(2) (c) Continued compensation after loss of membership in Selected Reserve Subsection (e) of section 10216 of title 10, United States Code, is amended to read as follows: (e) Continued compensation after loss of membership in Selected Reserve Funds appropriated for the Department of Defense may continue to be used to provide compensation to a military technician who was hired as a military technician (dual status), but who is no longer a member of the Selected Reserve. . (d) Exemption of military technicians from review by Army Qualitative Retention Program or Air Force Selective Retention Program Subsection (f) of such section is amended to read as follows: (f) Exemption from consideration by Armed Forces retention boards A military technician (dual status) who is fully qualified in the technician's military technician (dual status) position and is properly performing the technician's military technician duties in such position— (1) shall be retained in the armed forces; (2) may not be considered for involuntary separation by a retention board of the armed force concerned; and (3) shall be entitled to re-enlist as an enlisted member so as to maintain eligibility for continued employment as a military technician (dual status). . (e) Repeal of permanent limitations on number of non-Dual status technicians Section 10217 (f) Technician restricted right of appeal and adverse actions covered (1) Rights of grievance, arbitration, appeal, and review beyond AG Section 709 (A) in subsection (f)— (i) in the matter preceding paragraph (1), by striking Notwithstanding any other provision of law and under Under (ii) in paragraph (4), by striking a right of appeal subject to subsection (j), a right of appeal (B) by adding at the end the following new subsection: (j) (1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701–7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band (or comparable reduction). (2) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period. . (2) Adverse actions covered Section 709(g) of title 32, United States Code, is amended by striking 7511, and 7512 (3) Conforming amendment Section 7511(b) of title 5, United States Code, is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (g) Repeal of prohibition against overtime pay for National Guard technicians Section 709(h) Notwithstanding section 5542 5543 3. Title 5, United States Code, amendment regarding National Guard technicians and related matters (a) Leave (1) In general Section 6323(a) (A) in paragraph (1), by striking paragraph (2) paragraphs (2) and (3) (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following new paragraph (3): (3) An employee described in paragraph (1) who volunteers for active Guard and Reserve duty (as described in section 101(d)(6) section 502(f) . (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following: (A) A description of the average number of hours per fiscal year that a Federal employee who is also a member of the National Guard spends in any type of leave status (including leave without pay) in order to cover periods of active duty for training or inactive-duty training (as defined in section 101 (B) An assessment whether leave provided under section 6323(a) (b) Comptroller General of the United States report on health care benefits (1) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth the following: (A) An evaluation of the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE Reserve Select option of the TRICARE program. (B) A description of any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 (2) Definitions In this subsection: (A) The term contingency operation (B) The term FEHBP coverage
National Guard Technician Equity Act
Do Your Job Act - Prohibits either chamber from recessing or standing adjourned, between enactment of this Act and enactment of a concurrent budget resolution setting a deficit level of $0 or a surplus by FY2024, for a period that exceeds 24 hours. Requires each Member of Congress to submit a budget for the fiscal year for official travel by the Member and the Member's employees to: (1) the Secretary of the Senate for a Senator, and (2) the Chief Administrative Officer of the House of Representative for a Member of the House. Rescinds, effective on October 1 of each fiscal year, any unobligated amounts made available for official travel by a Member of Congress or his or her employee during the previous fiscal year. Requires rescinded funds to be used for deficit reduction.
To prohibit congressional recesses until Congress adopts a concurrent resolution on the budget that results in a balanced federal budget by fiscal year 2024 and to control congressional travel budgets. 1. Short title This Act may be cited as the Do Your Job Act 2. Findings Congress finds the following: (1) The Federal debt exceeds $17,000,000,000,000 and continues to grow. (2) It is the responsibility of Members of Congress to enact and implement policies that encourage economic growth and job creation, including a balanced budget. (3) In 2013, the House of Representatives was in session only 160 days and the Senate was in session only 156 days. (4) This means that, according to Federal Reserve Economic Data, the average American works 10 more weeks per year than Congress is in session. (5) Congressional recess in a time of excessive national debt is a lost opportunity to reach agreement about a balanced budget. 3. No congressional recesses (a) In general During the period beginning on the date of enactment of this Act and ending on the date specified in subsection (b), neither the Senate nor the House of Representatives may recess or stand adjourned for a period of longer than 24 hours. (b) Balanced budget agreed to The date described in this subsection is the date of enactment of a concurrent resolution on the budget that establishes a level of deficit of $0 or a surplus by not later than fiscal year 2024. (c) Rules of House of Representatives and Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 4. Congressional travel budgets (a) Definition In this section, the term employee (1) the office of the Member of Congress; (2) the office of a standing, select, or joint committee of Congress (or a subcommittee thereof); or (3) a leadership office of the Senate or the House of Representatives. (b) Submission of budget (1) In general Not later than the date by which the President is required to submit the budget of the President for a fiscal year under section 1105 (2) Submission The budget required under paragraph (1) shall— (A) in the case of a Senator, be submitted to the Secretary of the Senate; and (B) in the case of a Member of the House of Representatives, shall be submitted to the Chief Administrative Officer of the House of Representatives. (c) Rescission of unspent travel funds Effective on October 1 of each fiscal year, any amounts made available for official travel by a Member of Congress or an employee of the Member of Congress during the previous fiscal year that are not obligated shall be rescinded and used for deficit reduction.
Do Your Job Act
Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act - Designates and empowers the Secretary of State to receive all applications (except those received by the Secretary of Energy [DOE] under current law) for permits for the construction, connection, operation, or maintenance, at the U.S. borders, of facilities for the exportation or importation to or from a foreign country of petroleum, petroleum products, coal, other fuels, certain products, water or sewage, as well as persons or things. Prescribes requirements and procedures for granting a permit. Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain the pipeline and cross-border facilities specified in an application filed by TransCanada Corporation to the Department of State on May 4, 2012. Deems the Final Supplemental Environmental Impact Statement regarding the pipeline issued by the Secretary of State in January 2014 to fully satisfy the National Environmental Policy Act of 1969, and any law that requires federal agency consultation or review, including the Endangered Species Act of 1973. Restricts any legal challenges regarding a federal agency action and such facilities to judicial review on direct appeal to the U.S. Court of Appeals for the District of Columbia Circuit. Directs the Comptroller General (GAO) to review any Executive order issued by the President that is not based on the President's exclusive constitutional authority.
To delegate to the Secretary of State the authority to approve or deny certain permits. 1. Short title This Act may be cited as the Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act 2. Findings Congress finds that— (1) the American Society of Civil Engineers recently assessed the infrastructure system of the United States and gave the system an overall grade of D+; (2) recent critical infrastructure decisions have become unacceptably politicized; (3) permit applications for the Keystone XL Pipeline have been under review for over 5 1/2 (4) Congress can alleviate political interference in critical infrastructure decisions by— (A) directly delegating to the Secretary of State the authority to expedite review of permits necessary to accelerate the completion of energy production and transmission projects; and (B) providing a systematic method for evaluating and permitting the constructing and maintenance of certain other border crossings for land transportation (including motor and rail vehicles) and other facilities. 3. Definition of Secretary In this Act, the term Secretary 4. Constitutional authority In accordance with clause 3 of section 8 of article I of the Constitution (delegating to Congress the power to regulate commerce with foreign nations), Congress has the power to regulate the approval of infrastructure connecting the United States with a foreign country. 5. Delegation of authority to the Department of State (a) In general The Secretary is designated and empowered to receive all applications for permits for the construction, connection, operation, or maintenance, at the borders of the United States (other than applications received by the Secretary of Energy under laws in existence on the date of enactment of this Act), of— (1) facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country; (2) pipelines, conveyor belts, and similar facilities for the exportation or importation of products (other than the products described in paragraph (1)) to or from a foreign country; (3) facilities for the exportation or importation of water or sewage to or from a foreign country; (4) facilities for the transportation of persons, things, or both persons and things to or from a foreign country; (5) bridges, to the extent that congressional authorization is not otherwise required under law; (6) facilities similar to the facilities otherwise described in this subsection that are located above or below ground; and (7) border crossings for land transportation, including motor and rail vehicles, to or from a foreign country, whether or not in conjunction with the facilities described in paragraph (4). (b) Requests for information (1) In general On receipt of a completed application under subsection (a), the Secretary shall— (A) (i) request any additional information needed from the applicant, as appropriate; and (ii) refer the application to other agencies pursuant to paragraph (2); (B) refer the application and pertinent information to, and request the views of— (i) the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Transportation, the Secretary of Energy, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (or the heads of successor agencies); and (ii) for applications concerning the border with Mexico, the United States Commissioner of the International Boundary and Water Commission; and (C) refer the application and pertinent information to, and request the views of, such other Federal department and agency heads as the Secretary determines appropriate. (2) Additional consultations The Secretary— (A) may consult with State, tribal, and local government officials and foreign governments, as the Secretary determines appropriate, with respect to an application under subsection (a); and (B) shall request responses in a timely manner, not to exceed 90 days from the date of the request. (3) Further consideration On receiving the views and assistance requested under paragraphs (1) and (2), the Secretary shall consider, in light of any statutory or other requirements or other considerations, whether additional information is necessary to evaluate the application and, as appropriate, request the additional information from the applicant. (4) Public comment The Secretary may provide for— (A) the publication in the Federal Register of notice of receipt of applications; (B) the receipt of public comments on applications; and (C) notices related to the issuance or denial of applications. (c) Compliance (1) In general Subject to paragraph (2), a Federal agency consulted by the Secretary under subsection (b)(1) shall comply with the request of the Secretary (consistent with the authority of the Federal agency) as soon as practicable but not later than 90 days after the date on which the request is submitted. (2) Timing If a Federal agency consulted by the Secretary under subsection (b)(1) requests from the Secretary additional information that is necessary to carry out the request, the compliance deadline under paragraph (1) shall not begin until the date on which the additional information is received. (d) National interest determination (1) In general After consideration of the views, assistance, and public comment received under subsection (b), if the Secretary finds that issuance of a permit to the applicant would serve the national interest, the Secretary shall— (A) prepare a permit, in such form and with such terms and conditions as the national interest requires, as determined by the Secretary; and (B) notify the officials required to be consulted under subsection (b)(1)(B) of the proposed determination that a permit be issued. (2) Proposed denial After consideration of the views, assistance, and public comment received under subsection (b), if the Secretary finds that issuance of a permit to the applicant would not serve the national interest, the Secretary shall notify the officials required to be consulted under subsection (b)(1)(B) of the proposed determination that the application be denied. (e) Issuance or denial The Secretary shall issue or deny the permit in accordance with the proposed determination under subsection (d). (f) Regulations The Secretary may promulgate such rules and regulations and prescribe such procedures (including rules, regulations, and procedures relating to the International Boundary and Water Commission) as the Secretary determines necessary to carry out this section. (g) Pending applications Except as provided in section 6, this section shall apply only to applications for permits filed on or after the date of enactment of this Act. (h) Effect Except as explicitly provided in this Act, nothing in this section limits the application of, or obligation to comply with, the requirements of any other Federal department or agency. (i) Final rule The decision made by the Secretary under subsection (e) shall be deemed to be a rule for purposes of chapter 8 Congressional Review Act 6. Keystone XL pipeline approval (a) In general TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline and cross-border facilities described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State (including any subsequent revision to the pipeline route within the State of Nebraska required or authorized by the State of Nebraska). (b) Environmental impact statement The Final Supplemental Environmental Impact Statement issued by the Secretary of State in January 2014, regarding the pipeline referred to in subsection (a), and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered to fully satisfy— (1) all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) any other provision of law that requires Federal agency consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973 16 U.S.C. 1536(a) (c) Permits Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities referred to in subsection (a) shall remain in effect. (d) Federal judicial review Any legal challenge to a Federal agency action regarding the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this Act, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. (e) Private property savings clause Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a). 7. Review of certain Executive orders The Comptroller General of the United States shall— (1) conduct a review of any Executive order issued by the President that is not based on the exclusive constitutional authority of the President; and (2) not later than 180 days after the date of enactment of this Act, submit to Congress a report on the results of the review.
Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act
Safety Over Secrecy Act of 2014 - Amends the federal judicial code to prohibit courts, except when balancing confidentiality interests against public awareness interests in response to a party's motion, from approving or ordering the enforcement of any provision of a settlement agreement in a civil suit if: (1) a pleading in the suit alleges facts relevant to protecting the public from a hazard to public safety or health; and (2) the provision prohibits a party from disclosing settlement terms (other than the amount of any money paid under the settlement) or from discussing the suit, evidence produced in the suit, or the hazard to public safety or health. Defines "hazard to public safety or health" as an activity, substance, or condition that has a potential to cause harm to the health or safety of the public. Authorizes a court, upon a motion by a party to the settlement agreement, to approve or order enforcement of such a provision if: (1) the public interest in disclosure of facts relevant to protecting the public is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records, and (2) the requested order is no broader than necessary to protect such confidentiality. Establishes a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest in disclosure. Permits courts to redact language to accommodate personal privacy and public awareness. Prohibits courts from approving or ordering the enforcement of a settlement agreement provision in a civil suit that includes allegations concerning public safety and health hazards if the provision restricts a party from disclosing such information to a federal or state agency with law enforcement or regulatory authority over related activity. Requires facts disclosed to a federal or state agency to be protected as confidential under any other laws, regulations, or agreements.
To restrict confidentiality agreements that prohibit the disclosure of information relating to hazards to public safety or health, and for other purposes. 1. Short title This Act may be cited as the Safety Over Secrecy Act of 2014 2. Restrictions on certain confidentiality agreements in settlements (a) In general Chapter 111 1660. Restrictions on certain confidentiality agreements in settlements (a) Definition In this section, the term hazard to public safety or health (b) Disclosure in general (1) In general Except as provided in paragraph (2), a court may not approve or order the enforcement of any provision in a settlement agreement, or other agreement relating to a settlement, between or among parties in a civil suit if— (A) a pleading filed in the suit alleges facts that are relevant to protecting the public from a hazard to public safety or health; and (B) the provision prohibits a party from— (i) disclosing the fact that the settlement was reached; (ii) disclosing the terms of the settlement, other than the amount of money, if any, paid under the settlement; (iii) discussing the suit or evidence produced in the suit; or (iv) otherwise discussing the hazard to public safety or health. (2) Balance of interests (A) In general On a motion by a party to an agreement described in paragraph (1), a court may approve or order the enforcement of a provision described in paragraph (1)(B), despite the fact that a pleading described in paragraph (1)(A) is filed in the suit, if the court, based on an independent finding of fact, determines that— (i) the public interest in the disclosure of facts that are relevant to protecting the public from a hazard to public safety or health is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records that are covered by the provision; and (ii) the requested order is no broader than necessary to protect the specific and substantial interest in maintaining confidentiality described in clause (i). (B) Considerations With respect to the balancing of interests described in subparagraph (A)(i)— (i) there shall be a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest described in subparagraph (A)(i); (ii) a general interest in the settlement of disputes may not serve as a specific and substantial interest described in subparagraph (A)(i); and (iii) a court may redact language in a settlement agreement, in order to accommodate— (I) the privacy of personal information; and (II) the public benefit of awareness of hazards to public safety and health. (c) Disclosure to Federal or State agencies (1) In general A court may not approve or order the enforcement of any provision of a settlement agreement, or other agreement relating to a settlement, between or among parties in a civil suit if— (A) a pleading filed in the suit alleges facts that are relevant to protecting the public from a hazard to public safety or health; and (B) the provision prohibits or otherwise restricts a party from disclosing a fact described in subparagraph (A) to a Federal or State agency with authority to enforce a law or regulate an activity relating to that fact. (2) Confidentiality maintained The confidentiality of a fact described in paragraph (1)(A) that is disclosed to a Federal or State agency described in paragraph (1)(B) shall be protected to the extent otherwise provided under any other law, regulation, or agreement. . (b) Technical and conforming amendment The table of sections for chapter 111 1660. Restrictions on certain confidentiality agreements in settlements. .
Safety Over Secrecy Act of 2014
Furthering Asbestos Claim Transparency Act of 2014 or FACT Act - Amends federal bankruptcy law concerning a trust formed under a reorganization plan following the discharge in bankruptcy of a debtor corporation in order to assume the debtor's liability with respect to claims seeking recovery for personal injury, wrongful death, or property damage allegedly caused by the presence of, or exposure to, asbestos or asbestos-containing products. Requires such a trust to file with the bankruptcy court quarterly reports, available on the public docket, which describe each demand the trust has received from a claimant and the basis for any payment made to that claimant (excluding any confidential medical record or the claimant's full Social Security number). Requires such reports, upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by it, to provide any information related to payment from, and demands for payment from, the trust to any party to any action in law or equity concerning liability for asbestos exposure.
To amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos, and for other purposes. 1. Short title This Act may be cited as the Furthering Asbestos Claim Transparency Act of 2014 FACT Act 2. Amendments Section 524(g) (8) A trust described in paragraph (2) shall, subject to section 107— (A) not later than 60 days after the end of every quarter, file with the bankruptcy court a report that— (i) shall be made available on the court’s public docket; and (ii) with respect to such quarter— (I) shall describe each demand the trust received from, including the name and exposure history of, a claimant and the basis for any payment from the trust made to such claimant; and (II) shall not include any confidential medical record or the claimant’s full social security number; and (B) upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, provide in a timely manner any information related to payment from, and demands for payment from, such trust, subject to appropriate protective orders, to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure. . 3. Effective date; application of amendments This Act and the amendments made by this Act shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to any case commenced under title 11 of the United States Code before, on, or after the date of enactment of this Act.
FACT Act
Medical Device Access and Innovation Protection Act - Amends the Internal Revenue Code to repeal the excise tax on medical device manufacturers and importers.
To amend the Internal Revenue Code of 1986 to repeal the excise tax on medical devices. 1. Short title This Act may be cited as the Medical Device Access and Innovation Protection Act 2. Repeal of medical device excise tax (a) In general Chapter 32 (b) Conforming amendments (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (c) Clerical amendment The table of subchapter for chapter 32 of such Code is amended by striking the item related to subchapter E. (d) Effective date The amendments made by this section shall apply to sales after December 31, 2012.
Medical Device Access and Innovation Protection Act
Songwriter Equity Act of 2014 - Amends federal copyright law regarding the exclusive rights of sound recording copyright owners to remove a provision that prohibits license fees payable for the public performance of sound recordings, by means of a digital audio transmission, from being taken into account in any administrative, judicial, or other governmental proceeding to set or adjust the royalties payable to copyright owners of musical works for the public performance of their works. Requires Copyright Royalty Judges (CRJs), when setting royalty rates under the compulsory license available for the reproduction and distribution of musical works (commonly referred to as a "mechanical license"), to establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and seller. Requires CRJs, in establishing such rates and terms, to base their decision on marketplace, economic, and use information presented by the participants. Allows consideration of comparable uses and circumstances under voluntary license agreements.
To amend title 17, United States Code, to ensure fairness in the establishment of certain rates and fees under sections 114 and 115 of such title, and for other purposes. 1. Short title This Act may be cited as the Songwriter Equity Act of 2014 2. Effect on royalties for underlying works Section 114(i) (i) Effect on royalties for underlying works It is the intent of Congress that royalties payable to copyright owners of musical works for the public performance of their works shall not be diminished in any respect as a result of the rights granted in section 106(6). . 3. Application to sections 112(e) 114(f) (a) Proceedings not affected Neither section 2 of this Act nor the amendment made to section 114(i) (b) Decisions and precedents not affected Neither section 2 of this Act nor the amendment made to section 114(i) 4. Functions of copyright royalty judges (a) In general Section 801(b)(1) The rates applicable under sections 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives The rates applicable under sections 114(f)(1)(B) and 116 shall be calculated to achieve the following objectives (b) Effective date The amendment made by subsection (a) shall apply to any proceeding that is pending on, or commenced on or after, the date of the enactment of this Act. 5. Royalty payable under compulsory license (a) In general Section 115(c)(3)(D) In addition to the objectives set forth in section 801(b)(1), in establishing such rates and terms, the Copyright Royalty Judges may consider rates and terms under voluntary license agreements described in subparagraphs (B) and (C). The Copyright Royalty Judges shall establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. In establishing such rates and terms, the Copyright Royalty Judges shall base their decision on marketplace, economic, and use information presented by the participants. In establishing such rates and terms, the Copyright Royalty Judges may consider the rates and terms for comparable uses and comparable circumstances under voluntary license agreements. (b) Effective date The amendment made by subsection (a) shall apply to any proceeding that is pending on, or commenced on or after, the date of the enactment of this Act.
Songwriter Equity Act of 2014
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Gold Star Fathers Act of 2014 - Includes as a preference eligible for federal employment purposes a parent (currently, the mother only) of either an individual who lost his or her life under honorable conditions while serving in the Armed Forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955, or a service-connected permanently and totally disabled veteran, if: (1) the spouse of such parent is totally and permanently disabled; or (2) such parent, when preference is claimed, is unmarried or legally separated from his or her spouse.
Gold Star Fathers Act of 2014
Safe and Secure Decommissioning Act of 2014 - Amends the Atomic Energy Act of 1954 to prohibit the Nuclear Regulatory Commission (NRC) from approving the request of a licensee for a waiver of, or exemption from, a covered regulation applicable to a civilian nuclear power reactor that has permanently ceased to operate. Specifies as a covered regulation: (1) an emergency preparedness or response regulation or requirement, or (2) a security regulation or requirement applicable to spent nuclear fuel. Declares that this prohibition shall not apply to a civilian nuclear power reactor at which all spent nuclear fuel has been transferred to spent nuclear fuel dry casks.
To amend the Atomic Energy Act of 1954 to prohibit certain waivers and exemptions from emergency preparedness and response and security regulations. 1. Short title This Act may be cited as the Safe and Secure Decommissioning Act of 2014 2. Prohibition of certain waivers and exemptions Chapter 19 of title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2015 et seq. 277. Prohibition of certain waivers and exemptions (a) Definitions In this section: (1) Covered regulation The term covered regulation (A) an emergency preparedness or response regulation or requirement; or (B) a security regulation or requirement applicable to spent nuclear fuel. (2) Licensee The term licensee section 50.2 (b) Prohibition of certain waivers and exemptions Subject to subsection (c), the Commission shall not approve the request of a licensee for a waiver of, or exemption from, a covered regulation applicable to a civilian nuclear power reactor that has permanently ceased to operate. (c) Limitation Subsection (b) shall not apply to a civilian nuclear power reactor described in that subsection at which all spent nuclear fuel has been transferred to spent nuclear fuel dry casks. .
Safe and Secure Decommissioning Act of 2014
Dry Cask Storage Act of 2014 - Amends the Nuclear Waste Policy Act of 1982 to require each licensee of the Nuclear Regulatory Commission (NRC) to submit a plan for: (1) transfer (including on-going additional transfers) to spent nuclear fuel dry casks of any spent nuclear fuel stored by the licensee for at least seven years in spent nuclear fuel pools, and (2) configuration of the remaining spent nuclear fuel in the pool in a manner that minimizes the chance of a fire if there is a loss of water in the pool. Requires the NRC to approve or disapprove the plan within 90 days after its submission. Authorizes the NRC to make a grant to any licensee with an approved plan to assist in the cost of transferring spent nuclear fuel to dry casks under the plan. Requires the emergency planning zone applicable to each civilian nuclear power reactor to be at least 10 miles in radius until all spent nuclear fuel at the reactor has been transferred to dry casks. Directs the NRC to expand to 50 miles in radius the emergency planning zone applicable to each reactor not in compliance with an approved plan. Makes the licensee responsible for all coasts associated with expansion. Requires the Secretary of the Treasury to transfer annually to the NRC, to pay the costs of the grants program, 10% of the interest generated during the preceding fiscal year from investments of the Nuclear Waste Fund.
To amend the Nuclear Waste Policy Act of 1982 to provide for the expansion of emergency planning zones and the development of plans for dry cask storage of spent nuclear fuel, and for other purposes. 1. Short title This Act may be cited as the Dry Cask Storage Act of 2014 2. Emergency planning zones; Dry cask storage of spent nuclear fuel (a) In general Title I of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10121 et seq. I Emergency Planning Zones; Dry cask storage of spent nuclear fuel 185. Definitions In this subtitle: (1) Emergency planning zone The term emergency planning zone section 350.2 (2) Licensee The term licensee section 50.2 (3) Spent nuclear fuel dry cask The term spent nuclear fuel dry cask (A) that is— (i) licensed by the Commission; and (ii) located at a civilian nuclear power reactor site; and (B) the design of which— (i) includes a realistic security, seismic, and flooding design basis, as determined by the Commission; and (ii) is approved by the Commission. 186. Plan for dry cask storage of spent nuclear fuel (a) In general Not later than 180 days after the date of enactment of this section, each licensee shall submit to the Commission a plan that provides for— (1) by the deadline specified in subsection (b), the transfer to spent nuclear fuel dry casks of any spent nuclear fuel that is— (A) stored by the licensee in spent nuclear fuel pools; and (B) qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d); (2) on completion of the transfer under paragraph (1), the additional transfer, on an ongoing basis, of any additional spent nuclear fuel that is stored by the licensee in spent nuclear fuel pools and that, after the date of the transfer under paragraph (1), is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with subsection (d), subject to the requirement that each additional transfer shall be completed by the date that is 1 year after the date on which the applicable spent nuclear fuel is determined to be qualified to be placed in spent nuclear fuel dry casks, in accordance with that subsection; and (3) the configuration of the remaining spent nuclear fuel in the spent nuclear fuel pool in a manner that minimizes the chance of a fire if there is a loss of water in the spent nuclear fuel pool. (b) Deadline for transfer The deadline for transfer referred to in subsection (a)(1) is not later than the date that is 7 years after the date of submission of the plan. (c) Approval or disapproval by Commission (1) In general Not later than 90 days after the date on which a plan is submitted under subsection (a), the Commission shall approve or disapprove the plan. (2) Action following disapproval If the Commission disapproves a plan under paragraph (1), the Commission shall— (A) advise the licensee in writing of the reasons for the disapproval; (B) make recommendations for revisions to the plan, which shall be submitted to the Commission by the date that is 30 days after the date on which the Commission provides notice of the disapproval under subparagraph (A); and (C) not later than 30 days after the date of receipt of a revised plan under subparagraph (B), approve or disapprove the revised plan. (d) Qualification for placement in spent nuclear fuel dry casks (1) In general Except as provided in paragraph (2), spent nuclear fuel shall be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if the spent nuclear fuel has been stored in spent nuclear fuel pools for a period of at least 7 years. (2) Exception Notwithstanding paragraph (1), spent nuclear fuel shall not be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if there does not exist an approved spent nuclear fuel dry cask in which the spent nuclear fuel may be placed. (e) Grants (1) In general Subject to paragraph (3), the Commission may provide to any licensee that has a plan approved under subsection (c) a grant to assist in the cost of transferring spent nuclear fuel to spent nuclear fuel dry casks under the approved plan. (2) Preference In providing grants under paragraph (1), the Commission shall give preference to funding the implementation of approved plans— (A) at civilian nuclear power reactors at which the spent nuclear fuel pools are close to being filled to capacity; (B) that are supported by the State or unit of local government in which the civilian nuclear power reactor is located; and (C) at civilian nuclear power reactors that have permanently ceased operations. (3) Limitation No grants may be provided under paragraph (1) to a licensee that the Commission determines is not in compliance with the approved plan, in accordance with subsection (f). (f) Biennial Review Beginning on the date that is 2 years after the date on which a plan is approved under subsection (c) and every 2 years thereafter, the Commission shall conduct a review to determine whether the licensee is in compliance with the approved plan. 187. Expansion and applicability of emergency planning zone (a) In general The emergency planning zone that is applicable to each civilian nuclear power reactor shall be at least 10 miles in radius until the date on which all spent nuclear fuel at the civilian nuclear power reactor has been transferred to spent nuclear fuel dry casks. (b) Expansion of emergency planning zone (1) In general Except as provided in paragraph (2) and subject to paragraph (3), by the date that is 18 months after the date of enactment of this section, the Commission shall expand the emergency planning zone that is applicable to each civilian nuclear power reactor to 50 miles in radius. (2) Exception Paragraph (1) shall not apply to any civilian nuclear power reactor that is in compliance with a plan approved by the Commission under section 186(c), as determined by the Commission under section 186(f). (3) Payment of costs The licensee shall be responsible for all costs associated with the expansion of the applicable emergency planning zone under paragraph (1). . (b) Use of interest Section 302(e) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(e) (7) Use of interest Annually, the Secretary of the Treasury shall transfer to the Commission an amount equal to at least 10 percent of the amount of interest generated during the preceding fiscal year under paragraph (3) for use, without further appropriation or fiscal year limitation, to pay the costs of carrying out section 186(e). .
Dry Cask Storage Act of 2014
Nuclear Plant Decommissioning Act of 2014 - Amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee, after consulting each affected state and local governments, to develop and submit to the NRC a post-shutdown decommissioning activities report (PSDAR) for any of the licensee's shutdown facilities for which a PSDAR is required. Requires the NRC to: (1) solicit written comments on the proposed PSDAR from the public and conduct at least two public hearings in the facility's host state; and (2) invite the host state to file a statement of support, of conditional support with specific recommendations for changes, or of nonsupport for the proposed PSDAR. Directs the NRC, after receiving the state's statement of support or nonsupport, to determine whether the proposed PSDAR is adequate or inadequate on the basis of specified considerations, and issue a decision of approval or disapproval, as appropriate. Prescribes requirements for determining whether a proposed PSDAR is permissible if the host state files a statement of conditional support. Requires a licensee to develop and submit a new proposed PSDAR if the first one is rejected. Prohibits the NRC from approving a proposed PSDAR unless it includes a requirement that the licensee comply with state law relating to air, water, or soil quality or radiological standards if they are more restrictive than federal law.
To amend the Atomic Energy Act of 1954 to provide for consultation with State and local governments, the consideration of State and local concerns, and the approval of post-shutdown decommissioning activities reports by the Nuclear Regulatory Commission. 1. Short title This Act may be cited as the Nuclear Plant Decommissioning Act of 2014 2. Post-shutdown decommissioning activities reports Chapter 10 of title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2131 et seq. 113. Post-shutdown decommissioning activities reports (a) Definitions In this section: (1) Affected State The term affected State (A) the host State of a covered facility; and (B) each State that is within 50 miles of a covered facility. (2) Commission The term Commission (3) Covered facility The term covered facility (4) Host State The term host State (5) Licensee The term licensee section 50.2 (6) PSDAR The term PSDAR (b) Development; initial consultation A licensee shall develop a proposed PSDAR for a covered facility after consultation with— (1) each affected State; and (2) each unit of local government and tribal government in the affected State that is located within 50 miles of the covered facility. (c) Submission to Commission; additional consultation (1) In general After additional consultation with the entities described in subsection (b) with respect to the proposed PSDAR developed under that subsection, the licensee shall— (A) submit to the Commission the proposed PSDAR; and (B) on submission of the proposed PSDAR under subparagraph (A), make the proposed PSDAR readily available to the public. (2) Public availability On receipt of the proposed PSDAR under paragraph (1), the Commission shall make the proposed PSDAR readily available to the public. (d) Public participation During a period of at least 90 days beginning on the date on which the licensee submits the proposed PSDAR to the Commission under subsection (c), the Commission shall solicit public participation on the proposed PSDAR in the host State, including through— (1) the solicitation of written comments from the public; and (2) the conduct of at least 2 public hearings within the host State. (e) Support or nonsupport by host State (1) In general Not later than 60 days after the receipt of a proposed PSDAR for a covered facility, the Commission shall invite the host State to file with the Commission, by the date that is 60 days after the date on which the host State receives the invitation under this paragraph— (A) a statement of support for the proposed PSDAR; (B) a statement of conditional support for the proposed PSDAR, with specific recommendations for changes that could lead the host State to support the proposed PSDAR; or (C) a statement of nonsupport for the proposed PSDAR. (2) Statement of support or nonsupport; failure to submit (A) In general If the host State files a statement of support under paragraph (1)(A), a statement of nonsupport under paragraph (1)(C), or fails to file a statement with the Commission by the deadline specified in paragraph (1), the Commission shall issue a determination on whether the proposed PSDAR is adequate or inadequate— (i) based on the considerations described in subparagraph (B); and (ii) after taking into account— (I) any written comments submitted by the host State, other States, and local communities with respect to the proposed PSDAR; and (II) any input from the public under subsection (d). (B) Considerations The Commission shall consider a proposed PSDAR to be adequate under subparagraph (A) if the Commission determines that— (i) the proposed PSDAR provides for the overall protection of human health and the environment; (ii) the licensee has a substantial likelihood of implementing the proposed PSDAR within the timeframe described in the proposed PSDAR; (iii) the proposed PSDAR is in accordance with applicable law (including regulations); and (iv) the licensee has proactively demonstrated that the licensee has, or will have, the funds required to fully implement the proposed PSDAR within the timeframe described in the proposed PSDAR. (C) Determination of adequacy If the Commission determines that the proposed PSDAR is adequate under subparagraph (A), the Commission shall issue a decision document approving the PSDAR. (D) Determination of inadequacy If the Commission determines that the proposed PSDAR is inadequate under subparagraph (A)— (i) the Commission shall issue a decision rejecting the proposed PSDAR, including the reasons for the decision; and (ii) the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (3) Conditional support by host State (A) In general The Commission shall determine whether the proposed PSDAR is permissible under applicable law (including regulations) if the host State files a statement of conditional support for the proposed PSDAR with the Commission in accordance with paragraph (1)(B). (B) Changes For each change recommended by the host State under paragraph (1)(B), the Commission shall— (i) provide for the inclusion of the change into the final PSDAR, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence provided by the licensee that— (I) the change violates applicable law; or (II) the costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and (ii) provide the rationale for a determination of inappropriateness under clause (i). (C) Decision document (i) In general Based on the determinations made under subparagraphs (A) and (B), the Commission shall issue a decision document that— (I) accepts the proposed PSDAR with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or (II) rejects the proposed PSDAR. (ii) Applicable law A decision document issued under clause (i) shall be considered to be a final order entered in a proceeding under section 189(a). (D) Acceptance If the Commission approves the proposed PSDAR under subparagraph (C)(i)(I)— (i) the PSDAR is final; and (ii) the licensee may begin implementation of the PSDAR. (E) Rejection If the Commission rejects the proposed PSDAR under subparagraph (C)(i)(II), the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (f) Additional requirement Notwithstanding any other provision of this section, a Commission shall not approve a PSDAR under this section unless the proposed PSDAR includes a requirement that the licensee comply with applicable State law relating to air, water, or soil quality or radiological standards with respect to the implementation of the proposed PSDAR if the applicable State law is more restrictive than the applicable Federal law. .
Nuclear Plant Decommissioning Act of 2014
Keeping Public Lands Open Act - Provides that if an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of that fiscal year and a joint resolution making continuing appropriations for such account is not in effect, such sums as necessary shall be made available without further appropriation to continue any activity for which funds were provided from such account in the preceding fiscal year. Defines "covered account" to mean specified appropriation accounts of: (1) the Department of the Interior for the U.S. Fish and Wildlife Service, including amounts for activities of the National Wildlife Refuge System, habitat conservation, the Migratory Bird Conservation Account, the North American Wetlands Conservation Fund, the National Fish and Wildlife Foundation, and land acquisition; (2) the Department of the Interior for the Bureau of Land Management (BLM), including amounts for the National Landscape Conservation System, land acquisition, and the activities of recreation management, resource protection, and maintenance; (3) the Department of the Interior for the National Park Service, including amounts for land acquisition and state assistance; and (3) the Department of Agriculture (USDA) for the Forest Service, including amounts for land acquisition, law enforcement operations, and the activities of recreation, heritage, and wilderness.
To make continuing appropriations for certain programs that benefit sportsmen in the event of a lapse in appropriations. 1. Short title This Act may be cited as the Keeping Public Lands Open Act 2. Findings Congress finds that— (1) units of the National Park System, units of the National Forest System, units of the National Wildlife Refuge System, and other public land— (A) are an integral part of the conservation heritage of the United States; (B) provide many recreational opportunities; and (C) support jobs and economic activity in communities across the United States, including in many rural areas; and (2) it is critical that the public have uninterrupted access to the national treasures referred to in paragraph (1). 3. Automatic continuing appropriations for certain covered accounts (a) Definition of covered account In this section, the term covered account (1) Within the Department of the Interior for the Fish and Wildlife Service, within the resource management appropriation, amounts made available for— (A) the activities of the National Wildlife Refuge System; and (B) habitat conservation. (2) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the Migratory Bird Conservation Account. (3) Within the Department of Agriculture for the Forest Service, within the National Forest System appropriation, amounts made available for— (A) the activities of recreation, heritage, and wilderness; and (B) law enforcement operations. (4) Within the Department of the Interior for the Bureau of Land Management, within the management of land and resources appropriation, amounts made available for— (A) the activities of recreation management, resource protection, and maintenance; and (B) the National Landscape Conservation System. (5) Within the Department of the Interior for the National Park Service, the appropriation for the operation of the National Park System. (6) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the North American Wetlands Conservation Fund. (7) Within the Department of the Interior for the United States Fish and Wildlife Service, within the resource management appropriation, under the activity of general operations, the amounts made available for the National Fish and Wildlife Foundation. (8) Within the Department of the Interior for the United States Fish and Wildlife Service, the appropriation for land acquisition. (9) Within the Department of Agriculture for the Forest Service, the appropriation for land acquisition. (10) Within the Department of the Interior for the Bureau of Land Management, the appropriation for land acquisition. (11) Within the Department of the Interior for the National Park Service, the appropriation for land acquisition and State assistance. (b) Authorization for continuing appropriations If an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of the applicable fiscal year and a joint resolution making continuing appropriations for the covered account is not in effect, such sums as may be necessary shall be made available without further appropriation to continue any program, project, or activity for which funds were provided from the covered account in the preceding fiscal year. (c) Amount of appropriations and funds Appropriations and funds made available under this section for a program, project, or activity funded by a covered account shall be in an amount equal to a pro rata amount of the annual funding provided for the program, project, or activity in the preceding appropriations Act or, in the absence of a regular appropriations Act, a joint resolution making continuing appropriations for the preceding fiscal year. (d) Availability of amounts Appropriations and funds made available, and authority granted, under this section for a program, project, or activity funded by a covered account shall be available for the period beginning with the first day of a lapse in appropriations and ending on the date of enactment of the applicable appropriations Act or a joint resolution making continuing appropriations until the end of the fiscal year, whether or not the Act or resolution provides for the program, project, or activity. (e) Requirements Amounts made available, or authority granted, for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be subject to— (1) the terms and conditions imposed with respect to the program, project, or activity for the preceding fiscal year; and (2) the authority granted for the program, project, or activity funded by the covered account under applicable law. (f) Applicable accounts Expenditures made for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be charged to the applicable covered account on the date of enactment of an appropriations Act or a joint resolution making continuing appropriations until the end of a fiscal year that provides funds for the program, project, or activity for the applicable period. (g) Exclusions This section shall not apply to a program, project, or activity funded by a covered account during a fiscal year if any other provision of law (other than a change in authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for the program, project, or activity to continue for the applicable period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for the program, project, or activity to continue for the applicable period.
Keeping Public Lands Open Act
Fair Debt Collection Practices Technical Clarification Act of 2014 - Amends the Fair Debt Collection Practices Act to exclude from the definition of "debt collector" any law firm or licensed attorney: (1) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or (2) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client. Prohibits such amendments from being construed to exempt any law firm or licensed attorney engaged in any activity other than those activities specifically described in the amendments from being subject to any other applicable provision of the Fair Debt Collection Practices Act.
To amend the Fair Debt Collection Practices Act to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions, and for other purposes. 1. Short title This Act may be cited as the Fair Debt Collection Practices Technical Clarification Act of 2014 2. Legal proceeding exception (a) In general Section 803(6) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a(6) (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following: (F) any law firm or licensed attorney— (i) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or (ii) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client; and . (b) Rule of construction The amendments made by subsection (a) shall not exempt, nor shall they be construed to exempt, any law firm or licensed attorney engaged in any activity other than those activities specifically described in the amendments from being subject to any other applicable provision of the Fair Debt Collection Practices Act.
Fair Debt Collection Practices Technical Clarification Act of 2014
Hezbollah International Financing Prevention Act of 2014 - Declares that it shall be U.S. policy to: (1) prevent Hezbollah's global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and (2) utilize diplomatic, legislative, and executive avenues to combat Hezbollah's criminal activities in order to block that organization's ability to fund its global terrorist activities. Directs the Secretary of the Treasury to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that knowingly: (1) facilitates the activities of Hezbollah or any of its agents or affiliates whose property or property interests are blocked pursuant to the International Emergency Economic Powers Act; (2) facilitates the activities of a person acting on behalf of or at the direction of, or owned or controlled by such institution; (3) engages in money laundering to carry out such activity; or (4) facilitates a significant transaction or transactions or provides significant financial services to carry out such activity. Directs the Secretary to prescribe reporting, information sharing, and due diligence requirements for domestic financial institutions that maintain a correspondent account or payable-through account in the United States for a foreign financial institution. Authorizes the Secretary to waive such requirements if in U.S. national security interests, and with congressional notification. Directs the Secretary to identify to Congress every 180 days each foreign central bank that carries out an activity prohibited under this Act. Sets forth penalty requirements for specified violations under this Act. Directs the President to report to Congress regarding: (1) satellite, broadcast, Internet, or other providers that knowingly carry al-Manar TV or its affiliates; and (2) countries in which Hezbollah maintains important portions of its global logistics networks, and an assessment of whether a country is taking adequate measures to disrupt Hezbollah's networks within that country. Directs the President to designate Hezbollah as: (1) a significant foreign narcotics trafficker if Hezbollah meets the criteria set forth under the Foreign Narcotics Kingpin Designation Act, and (2) a significant transnational criminal organization if Hezbollah meets the criteria set forth under Executive Order 13581. Directs the President to report to Congress which of these criteria the President determines that Hezbollah has not met, if it does not. Declares that nothing in this Act shall apply to authorized U.S. intelligence activities. States that any requirement of this Act shall cease to be in effect 30 days after the President certifies to Congress that Hezbollah: (1) is no longer designated as a foreign terrorist organization, and (2) is no longer listed in the Annex to Executive Order 13224 (blocking property and prohibiting transactions with persons who commit or support terrorism).
To prevent Hezbollah from gaining access to international financial and other institutions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Hezbollah International Financing Prevention Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Prevention of access by Hezbollah to international financial and other institutions Sec. 101. Findings; statement of policy. Sec. 102. Sanctions with respect to financial institutions that engage in certain transactions. Sec. 103. Report on imposition of sanctions on certain satellite providers that carry al-Manar TV. Sec. 104. Report on activities of foreign governments to disrupt global logistics networks and fundraising, financing, and money laundering activities of Hezbollah. Sec. 105. Appropriate congressional committees defined. TITLE II—Designation of Hezbollah as a major drug smuggling enterprise and a transnational criminal organization Sec. 201. Designation of Hezbollah as significant foreign narcotics traffickers. Sec. 202. Designation of Hezbollah as a significant transnational criminal organization. Sec. 203. Appropriate congressional committees defined. TITLE III—Miscellaneous provisions Sec. 301. Rule of construction. Sec. 302. Regulatory authority. Sec. 303. Termination. I Prevention of access by Hezbollah to international financial and other institutions 101. Findings; statement of policy (a) Findings Congress finds the following: (1) The United States Government holds Hezbollah responsible for the largest number of American deaths overseas by a terrorist organization prior to the attacks of September 11, 2001, including a number of attacks on and hostage takings targeting Americans in Lebanon during the 1980s, including the bombing of the United States Embassy in Beirut in April 1983 and the bombing of the United States Marine barracks in October 1983. (2) Hezbollah’s operations outside of Lebanon, including its participation in bombings of Israeli and Jewish institutions in Argentina during the 1990s, recent support to Shiite insurgents in Iraq, recent attacks and attempted attacks in Europe, Southeast Asia, and elsewhere, and extensive international operational, logistical, and financial networks have rendered it a capable and deadly adversary with global reach. (3) Hezbollah has been designated as a terrorist organization by the United States since 1995, and remains on foreign terrorist organization and Specially Designated Terrorist lists. (4) In March 2013, a Cypriot court convicted a Hezbollah member for participation in a criminal organization, planning to commit a crime and money laundering. In June 2013, the Government of Bulgaria concluded that Hezbollah was responsible for the 2012 Burgas bombing, which killed 6 people. (5) In July 2013, the European Union designated the military wing of Hezbollah as a terrorist organization. The designation helps to facilitate European law enforcement agencies’ actions against Hezbollah’s fundraising, logistical activity, and terrorist plotting on European soil. (6) In July 2013, the Gulf Cooperation Council, consisting of Saudi Arabia, Qatar, Bahrain, Kuwait, Oman, and the United Arab Emirates, declared Hezbollah a terrorist organization. (7) Hezbollah continues to provide material assistance, including assuming a combat role, in Syria, and aids the Government of Iran and the Government of Syria in their human rights and other abuses perpetrated against the Syrian people. (8) An estimated 5,000 Hezbollah fighters are supporting the regime of Bashar al-Assad in Syria by fighting on his behalf and by providing military training, advice, and logistical support to regime forces. (9) Hezbollah continues to serve as a proxy of Iran, in its effort to target the United States and its allies and interests. (10) Hezbollah’s global logistics and financial network serves as a lifeline to the organization, and enables it to consolidate power within Lebanon and provides it with the capabilities to perpetrate complex attacks internationally. (11) Hezbollah has evolved into a significant drug smuggling organization, and also engages in other serious criminal activity, including money laundering, counterfeiting pharmaceuticals, and trade in conflict diamonds. (12) In April 2013, the Department of the Treasury blacklisted two Lebanese exchange houses, Kassem Rmeiti & Co. and Halawi Exchange Co., for laundering drug profits for Hezbollah. (13) In February 2011, the Department of the Treasury blacklisted the Lebanese Canadian Bank as of primary money laundering concern, alleging that it moved approximately $200,000,000 as part of a drug trafficking network that profited Hezbollah. (14) The Department of Justice reports that 29 of the 63 organizations on its Fiscal Year 2010 Consolidated Priority Organization Targets list, which includes the most significant international drug trafficking organizations threatening the United States, were associated with terrorist groups. There is concern about Hezbollah’s drug and criminal activities, as well as indications of links between al-Qaeda in the Lands of the Islamic Maghreb and the drug trade. (15) Al-Manar, the Lebanese satellite television station affiliated with Hezbollah broadcasting from Beirut, Lebanon, was designated as a Specially Designated Global Terrorist entity in May 2006, but continues to be carried by international broadcasting agents. (16) Hezbollah continues to present a threat to the United States and its allies and interests. (b) Statement of policy It shall be the policy of the United States to— (1) prevent Hezbollah’s global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and (2) utilize all available diplomatic, legislative, and executive avenues to combat the criminal activities of Hezbollah as a means to block the ability of Hezbollah to fund its global terrorist activities. 102. Sanctions with respect to financial institutions that engage in certain transactions (a) Prohibitions and conditions with respect to certain accounts held by foreign financial institutions (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds engages in an activity described in paragraph (2). (2) Activities described A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution— (A) knowingly facilitates the activities of Hezbollah or any of its agents or affiliates the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) knowingly facilitates the activities of a person acting on behalf of or at the direction of, or owned or controlled by, a person described in subparagraph (A); (C) knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); or (D) knowingly facilitates a significant transaction or transactions or provides significant financial services to carry out an activity described in subparagraph (A), (B), or (C). (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (4) Procedures for judicial review of classified information (A) In general If a finding under this subsection or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera. (B) Rule of construction Nothing in this paragraph shall be construed to confer or imply any right to judicial review of any finding under this subsection or any prohibition, condition, or penalty imposed as a result of any such finding. (5) Regulations The Secretary of the Treasury shall prescribe and implement regulations to carry out this subsection. (b) Requirements for financial institutions maintaining accounts for foreign financial institutions (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to require a domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution to do one or more of the following: (A) Report to the Department of the Treasury with respect to financial transactions or other financial services provided with respect to any activity described in subsection (a)(2). (B) Provide timely and accurate information to domestic financial institutions maintaining a correspondent account or payable-through account in the United States for a foreign financial institution with respect to any activity described in subsection (a)(2). (C) Establish due diligence policies, procedures, and controls, such as the due diligence policies, procedures, and controls described in section 5318(i) (2) Penalties The penalties provided for in sections 5321(a) 5322 (c) Waiver The Secretary of the Treasury, in consultation with the Secretary of State, may waive the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) on and after the date that is 30 days after the Secretary of the Treasury, with the concurrence of the Secretary of State— (1) determines that such a waiver is vital to the national security interests of the United States; and (2) submits to the appropriate congressional committees a report describing the reasons for the determination. (d) Provisions relating to foreign central banks (1) Report Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that— (A) identifies each foreign central bank that the Secretary finds engages in one or more activities described in subsection (a)(2)(D); and (B) provides a detailed description of each such activity. (2) Special rule to allow for termination of sanctionable activity The Secretary of the Treasury shall not be required to apply sanctions under subsection (a) to a foreign central bank described in the report required under paragraph (1) if the Secretary of the Treasury, in consultation with the Secretary of State, certifies in writing to the appropriate congressional committees that— (A) the foreign central bank— (i) is no longer engaging in the activity described in subsection (a)(2)(D) for which the bank was identified in the report; or (ii) has taken significant verifiable steps toward terminating the activity not later than 90 days after the date on which the Secretary makes such certification; and (B) the Secretary has received reliable assurances from the government with primary jurisdiction over the foreign central bank that the foreign central bank will not engage in any activity described in subsection (a)(2)(D) in the future. (e) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (f) Definitions (1) In general In this section: (A) Account; correspondent account; payable-through account The terms account correspondent account payable-through account section 5318A (B) Agent The term agent (C) Financial institution The term financial institution section 5312(a)(2) (D) Foreign financial institution; domestic financial institution (i) Foreign financial institution The term foreign financial institution (I) has the meaning of that term as determined by the Secretary of the Treasury; and (II) includes a foreign central bank. (ii) Domestic financial institution The term domestic financial institution (E) Money laundering The term money laundering (2) Other definitions The Secretary of the Treasury may further define the terms used in this section in the regulations prescribed under this section. 103. Report on imposition of sanctions on certain satellite providers that carry al-Manar TV (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes— (1) a list of all satellite, broadcast, Internet, or other providers that knowingly transmit or otherwise broadcast the content of al-Manar TV, and any affiliates or successors thereof; and (2) with respect to all providers included on the list pursuant to paragraph (1)— (A) an identification of those providers that have been sanctioned pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and (B) an identification of those providers that have not been sanctioned pursuant to Executive Order 13224 and, with respect to each such provider, the reason why sanctions have not been imposed. (b) Form The report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. 104. Report on activities of foreign governments to disrupt global logistics networks and fundraising, financing, and money laundering activities of Hezbollah (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes— (1) a list of countries in which Hezbollah maintains important portions of its global logistics networks; (2) with respect to each country on the list required by paragraph (1)— (A) an assessment of whether the government of the country is taking adequate measures to disrupt the global logistics networks of Hezbollah within the territory of the country; and (B) in the case of a country the government of which is not taking adequate measures to disrupt those networks— (i) an assessment of the reasons that government is not taking adequate measures to disrupt those networks; and (ii) a description of measures being taken by the United States Government to encourage that government to improve measures to disrupt those networks; (3) a list of countries in which Hezbollah, or any of its agents or affiliates, conducts significant fundraising, financing, or money laundering activities; and (4) with respect to each country on the list required by paragraph (3)— (A) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hezbollah and its agents and affiliates within the territory of the country; and (B) in the case of a country the government of which is not taking adequate measures to disrupt those activities— (i) an assessment of the reasons that government is not taking adequate measures to disrupt those activities; and (ii) a description of measures being taken by the United States Government to encourage the government of that country to improve measures to disrupt those activities. (b) Form The report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. 105. Appropriate congressional committees defined In this title, the term appropriate congressional committees (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. II Designation of Hezbollah as a major drug smuggling enterprise and a transnational criminal organization 201. Designation of Hezbollah as significant foreign narcotics traffickers (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall determine if Hezbollah meets the criteria specified for designation as a significant foreign narcotics trafficker under section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 (b) Affirmative determination If the President determines under subsection (a) that Hezbollah meets the criteria specified for designation as a significant foreign narcotics trafficker under section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 (c) Negative Determination (1) In general If the President determines under subsection (a) that Hezbollah does not meet the criteria specified for designation as a significant foreign narcotics trafficker under section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. 202. Designation of Hezbollah as a significant transnational criminal organization (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall determine if Hezbollah meets the criteria specified for designation as a significant transnational criminal organization under Executive Order 13581 (76 Fed. Reg. 44757; relating to blocking property of transnational criminal organizations). (b) Affirmative determination If the President determines under subsection (a) that Hezbollah meets the criteria specified for designation as a significant transnational criminal organization under Executive Order 13581, the President shall designate Hezbollah a significant transnational criminal organization under that order. (c) Negative Determination (1) In general If the President determines under subsection (a) that Hezbollah does not meet the criteria specified for designation as a significant transnational criminal organization under Executive Order 13581, the President shall submit to the appropriate congressional committees a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. 203. Appropriate congressional committees defined In this title, the term appropriate congressional committees (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. III Miscellaneous provisions 301. Rule of construction Nothing in this Act shall apply to the authorized intelligence activities of the United States. 302. Regulatory authority The President shall, not later than 90 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act. 303. Termination Each provision of this Act shall cease to be in effect beginning 30 days after the date on which the President certifies to Congress that Hezbollah— (1) is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (2) is no longer listed in the Annex to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).
Hezbollah International Financing Prevention Act of 2014
End-User Protection Act of 2014 - Amends the Commodity Exchange Act with respect to exceptions to the requirement that any swap be cleared by a derivatives clearing organization either registered under that Act, or exempted from registration, if the swap is required to be cleared. Revises the definition of a financial entity subject to such requirement to exclude one that: (1) is a commercial market participant predominantly engaged in activities in the business of banking, or in activities that are financial in nature, but is not supervised by a prudential regulator; or (2) is considered as predominantly engaged in activities in the business of banking or in financial activities because it regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate the commercial risk of, one or more other entities within the entity's same commercial enterprise, or because of making loans to one or more of such other entities. Directs the Commodity Futures Trading Commission (CFTC) to provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk. Defines "illiquid" as any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. Requires the CFTC to ensure that such swap transaction information is not available to the public until 30 days after the transaction has been executed, or at an appropriate later date, in order to: (1) protect the identity of participants and positions in illiquid markets, and (2) prevent the elimination or reduction of market liquidity. Accords financial entities exempt from swap-clearing requirements the same treatment as exempted affiliates. Revises the exemption of bona fide hedge transactions or positions from certain trading limitations to set criteria for CFTC rules or regulations treating swaps, contracts of sale for future delivery, or options on the contracts or commodities as bona fide hedge transactions or positions also exempt from those limitations. Declares that, if the CFTC imposes any reporting and recordkeeping requirement on any person that is not registered, or required to be registered, with the CFTC, that person shall satisfy the requirements of any pertinent rule, order, or regulation by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. Makes such a written record sufficient if it: (1) memorializes the final agreement between the parties, including the transaction's material economic terms; and (2) is identifiable and searchable by transaction. States that certain requirements for adoption of rules governing capital and margin requirements for swap dealers and major swap participants, including the initial and variation margin requirements imposed by rules adopted according to such requirements, shall not apply to a swap in which a counterparty qualifies for specified exceptions or exemptions. Revises requirements for a CFTC cost-benefit analysis made before an order is issued. Requires the CFTC, acting through the Office of the Chief Economist, among other things to: state a justification for the regulation or order; state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; measure, and seek to improve, the actual results of regulatory requirements; and propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify its costs.
To amend the Commodity Exchange Act to improve futures and swaps trading, and for other purposes. 1. Short title This Act may be cited as the End-User Protection Act of 2014 2. Definitions (a) In general Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (1) by redesignating paragraphs (8) through (51) as paragraphs (9) through (52), respectively; (2) by inserting after paragraph (7) the following: (8) Commercial market participant The term commercial market participant ; (3) in subparagraph (B) of paragraph (48) (as so redesignated), by striking clause (ii) and inserting the following: (ii) any purchase or sale of a nonfinancial commodity or security for deferred shipment or delivery, so long as the transaction is intended to be physically settled, including any stand-alone or embedded option for which exercise would result in a physical delivery obligation; ; and (4) in paragraph (50) (as redesignated by paragraph (1)), by striking subparagraph (D) and inserting the following: (D) De minimis exception (i) In general The Commission shall exempt from designation as a swap dealer an entity that engages in a de minimis quantity of swap dealing (which shall not be less than $8,000,000,000) in connection with transactions with or on behalf of its customers. (ii) Regulations The Commission shall promulgate regulations to establish the factors to be used in a determination under clause (i) to exempt, including any monetary or other levels established by the Commission, and those levels shall only be amended or changed through an affirmative action of the Commission undertaken by rule or regulation. . (b) Financial entity Section 2(h)(7)(C) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(C) (1) in clause (iii)— (A) by striking an entity whose (I) whose ; (B) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (II) that is— (aa) a commercial market participant; (bb) included in clause (i)(VIII); and (cc) not supervised by a prudential regulator; or (III) that is included in clause (i)(VIII) because— (aa) the entity regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate, whether directly or indirectly, the commercial risk of 1 or more entities within the same commercial enterprise as the entity; or (bb) of the making of loans to 1 or more entities within the same commercial enterprise as the entity. ; and (2) by adding at the end the following: (iv) Same commercial enterprise For purposes of clause (iii)(III), an entity shall be considered to be within the same commercial enterprise as another entity if— (I) 1 of the entities owns, directly or indirectly, at least a majority ownership interest in the other entity and reports its financial statements on a consolidated basis and the consolidated financial statements include the financial results of both entities; or (II) a third party owns at least a majority ownership interest in both entities and reports its financial statements on a consolidated basis and the financial statements of the third party include the financial results of both entities. (v) Predominantly engaged (I) In general Not later than 90 days after the date of enactment of this clause, the Commission shall promulgate regulations defining the term predominantly engaged (II) Minimum revenues The regulations shall provide that an entity shall not be considered to be predominantly engaged in activities that are in the business of banking or financial in nature if the consolidated revenues of the entity derived from the activities constitute less than a percentage (as specified by the Commission in the regulations) of the total consolidated revenues of the entity. (III) Revenues from banking or financial activities In determining the percentage of the revenues of an entity that are derived from activities that are in the business of banking or financial in nature, the regulations shall exclude all revenues that are or result from foreign exchange or derivatives transactions used to hedge or mitigate commercial risk (as defined by the Commission in the regulations). . 3. Reporting of illiquid swaps so as to not disadvantage certain non-financial end users Section 2(a)(13) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(13) (1) in subparagraph (C), by striking The Commission Except as provided in subparagraph (D), the Commission (2) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; and (3) by inserting after subparagraph (C) the following: (D) Requirements for swap transactions in illiquid markets (i) Definition of illiquid markets In this subparagraph, the term illiquid markets (ii) Requirements Notwithstanding subparagraph (C), the Commission shall— (I) provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk in accordance with subsection (h)(7)(A); and (II) ensure that the swap transaction information described in subclause (I) is available to the public not sooner than 30 days after the swap transaction has been executed or at such later date as the Commission determines appropriate to protect the identity of participants and positions in illiquid markets and to prevent the elimination or reduction of market liquidity. . 4. Treatment of affiliates Section 2(h)(7)(D)(i) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(D)(i) (1) by striking An affiliate A person that is a financial entity and is an affiliate (2) by striking (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) (3) by striking and as an agent 5. Applicability to bona fide hedge transactions or positions Section 4a(c) of the Commodity Exchange Act ( 7 U.S.C. 6a(c) (1) in the second sentence of paragraph (1), by striking into the future for which in the future, to be determined by the Commission, for which either an appropriate swap is available or (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking subsection (a)(2) position that— paragraphs (2) and (5) of subsection (a) for swaps, contracts of sale for future delivery, or options on the contracts or commodities, a bona fide hedging transaction or position is a transaction or position that— (B) in subparagraph (A)(ii), by striking of risks or management of current or anticipated risks (3) by adding at the end the following: (3) Commission definition The Commission may further define, by rule or regulation, what constitutes a bona fide hedging transaction or position so long as the rule or regulation is consistent with the requirements of subparagraphs (A) and (B) of paragraph (2). . 6. Reporting and recordkeeping Section 4g(f) of the Commodity Exchange Act ( 7 U.S.C. 6g(f) (1) by striking (f) Nothing contained in this section (f) Authority of Commission To make separate determinations unimpaired (1) In general Except as provided in paragraph (2), nothing in this section ; and (2) by adding at the end the following: (2) Exception If the Commission imposes any requirement under this section on any person that is not registered, or required to be registered, with the Commission in any capacity, that person shall satisfy the requirements of any rule, order, or regulation under this section by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. (3) Sufficiency A written record described in paragraph (2) shall be sufficient if the written record— (A) memorializes the final agreement between the parties, including the material economic terms of the transaction; and (B) is identifiable and searchable by transaction. . 7. Margin requirements (a) Commodity Exchange Act amendment Section 4s(e) of the Commodity Exchange Act (7 U.S.C. 6s(e)) is amended by adding at the end the following: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A) or 2(h)(7)(D), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in that exemption. . (b) Securities Exchange Act amendment Section 15F(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–10(e)) is amended by adding at the end the following: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4). . (c) Implementation The amendments made by this section to the Commodity Exchange Act (1) without regard to— (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 (2) through the promulgation of an interim final rule, pursuant to which public comment is sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of the amendments. 8. Analysis by the Commodity Futures Trading Commission of the costs and benefits of regulations and orders Section 15(a) of the Commodity Exchange Act ( 7 U.S.C. 19(a) (1) In general Before promulgating a regulation under this Act or issuing an order (except as provided in paragraph (3)), the Commission, acting through the Office of the Chief Economist, shall— (A) state a justification for the regulation or order; (B) state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; (C) assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; (D) measure, and seek to improve, the actual results of regulatory requirements; and (E) propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify the costs of the intended regulation or order (recognizing that some benefits and costs are difficult to quantify). (2) Considerations In making a reasoned determination of costs and benefits under paragraph (1), the Commission shall consider— (A) the protection of market participants and the public; (B) the efficiency, competitiveness, and financial integrity of futures and swaps markets; (C) the impact on market liquidity in the futures and swaps markets; (D) price discovery; (E) sound risk management practices; (F) the cost of available alternatives to direct regulation; (G) the degree and nature of the risks posed by various activities within the scope of the jurisdiction of the Commission; (H) whether, consistent with obtaining regulatory objectives, the regulation or order is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations and orders; (I) whether the regulation or order is inconsistent, incompatible, or duplicative of other Federal regulations and orders; and (J) whether, in choosing among alternative regulatory approaches, those approaches maximize net benefits (including potential economic, environmental, and other benefits, distributive impacts, and equity). .
End-User Protection Act of 2014
Historically Black Colleges and Universities Innovation Fund Act of 2014 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive one-year planning grants and five-year implementation grants to historically black colleges or universities to plan, develop, and implement educational innovations. Allows an historically black college or university to apply for such grants by itself or in a consortium with one or more other institutions of higher education, private nonprofit organizations, or local educational agencies (LEAs). Requires implementation grant recipients to use the grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations, including those designed to: improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework and successfully pursue postsecondary studies; improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students from low-income families, such as through activities undertaken in partnership with LEAs and nonprofit organizations; increase the number or percentage of students who enroll in science, technology, engineering, and mathematics (STEM) courses, graduate with STEM degrees, and pursue advanced STEM studies; increase the number or percentage of students who graduate from postsecondary school on time; implement evidence-based improvements to courses to improve student outcomes and reduce students' costs; enhance the quality of teacher preparation programs at historically black colleges or universities; and expand the effective use of technology in higher education. Makes the five-year duration of each implementation grant conditional after the third year of such grant on the Secretary determining that the grantee is achieving satisfactory progress in carrying out its educational innovations. Limits the federal share to not more than 85% of the total cost of carrying out a project funded by an implementation grant.
To establish the Historically Black Colleges and Universities Innovation Fund. 1. Short title This Act may be cited as the Historically Black Colleges and Universities Innovation Fund Act of 2014 2. Historically Black Colleges and Universities Innovation Fund Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. F Historically Black Colleges and Universities Innovation Fund 786. Purpose It is the purpose of this part to assist historically Black colleges and universities in planning, developing, implementing, validating, and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in, persist through, and graduate from historically Black colleges and universities, including initiatives designed to— (1) improve student achievement at historically Black colleges and universities; (2) increase successful recruitment at historically Black colleges and universities of— (A) students from low-income families of all races; (B) adults; and (C) military-affiliated students; (3) increase the rate at which students enrolled in historically Black colleges and universities make adequate or accelerated progress towards graduation and successfully graduate from such colleges and universities; (4) increase the number of students pursuing and completing degrees in science, technology, engineering, and mathematics at historically Black colleges and universities and pursuing graduate work in such fields; (5) enhance the quality of teacher preparation programs offered by historically Black colleges and universities; (6) redesign course offerings and institutional student aid programs to help students obtain meaningful employment; and (7) expand the effective use of technology at historically Black colleges and universities. 787. Definitions In this part: (1) Eligible entity The term eligible entity (A) a part B institution as defined in section 322(2); (B) a part B institution, as so defined, applying in consortium with one or more other institutions of higher education; (C) a part B institution, as so defined, applying in consortium with one or more private nonprofit organizations; (D) a part B institution, as so defined, applying in consortium with one or more local educational agencies; or (E) a part B institution, as so defined, applying in a consortium that includes entities described in more than one of paragraphs (2), (3), or (4). (2) Historically Black college or university The term historically Black college or university part B institution 788. Grants authorized (a) In general With funds made available for this part under section 792, the Secretary shall make competitive planning and implementation grants, as described in subsections (b) and (c), to eligible entities to enable such entities to plan for the implementation of, in the case of a planning grant, and implement, in the case of an implementation grant, innovations authorized under this part and to support the implementation, validation, scaling up, and replication of such innovations. (b) Planning grants (1) In general The Secretary shall use not more than $10,500,000 of the funds made available under section 792 to award planning grants to eligible entities to plan, design, and develop innovations that address the purpose of this part as described in section 786. (2) Duration A planning grant authorized under this subsection shall be for the duration of 1 year. (3) Grant amounts Each planning grant authorized under this subsection shall be of an amount that is not more than $100,000. (c) Implementation grants (1) In general With funds made available for this part under section 792, the Secretary shall award implementation grants to eligible entities to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate innovations that address the purpose of this part as described in section 786. (2) Duration An implementation grant authorized under this subsection shall be for a duration of 5 years, conditional after 3 years upon the eligible entity achieving satisfactory progress towards carrying out the educational innovations, activities, and projects described in section 789(d), as determined by the Secretary. (3) Grant amount Each planning grant authorized under this subsection shall be of an amount that is not more than $10,000,000. (d) Consortium entities (1) Fiscal agent (A) In general In the case of an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for a grant under this part shall agree on 1 such member of such eligible entity to serve as the fiscal agent of such entity. (B) Responsibilities The fiscal agent of an eligible entity, as described in subparagraph (A), shall act on behalf of such entity in performing the financial duties of such entity. (C) Written agreement The agreement described in subparagraph (A) shall be in writing and signed by each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium with the selected fiscal agent for a grant under this part. (2) Subgrants In the case of an entity described in subparagraph (B), (C), (D), or (E) of section 787(1) that receives a grant under this part, the fiscal agent for such entity (as described in paragraph (1)) may make subgrants to another part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for such grant with such fiscal agent. (e) Federal share (1) Planning grants The Federal share of the total cost of carrying out a project funded by a planning grant authorized under subsection (b) shall be 100 percent of such total cost. (2) Implementation grants (A) In general The Federal share of the total cost of carrying out a project funded by an implementation grant authorized under subsection (c) shall be not more than 85 percent of such total cost. (B) Remaining cost An eligible entity that receives a grant under subsection (c) shall provide, from non-Federal sources, an amount equal to not less than 15 percent of the total cost of carrying out the project funded by the grant. Such amount may be provided by in cash or in kind contributions. 789. Applications (a) In general An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Consortium entities An application under this section for a planning grant or an implementation grant by an eligible entity that is a part B institution applying for a grant under this part in consortium with another institution of higher education, private nonprofit organization, or educational agency, as described in subparagraph (B), (C), (D), or (E) of section 787(1), shall include the written agreement described in section 788(d)(1)(C). (c) Planning grants The Secretary shall ensure that the application requirements under this section for a planning grant authorized under section 788(b) include, in addition to the requirement under subsection (b), only the minimal requirements that are necessary to review the proposed process of an eligible entity for the planning and development of one or more educational innovations that address the purpose of this part as described in section 786. (d) Implementation grants An application under this section for an implementation grant authorized under section 788(c) shall include, in addition to the requirement under subsection (b), descriptions of— (1) each educational innovation that the eligible entity will implement using the funds made available by such grant, including, as applicable, a description of the evidence supporting the effectiveness of each such innovation; (2) how each educational innovation proposed to be implemented under such grant will address the purpose of this part, as described in section 786, and how each such innovation will further the institutional or organizational missions of, as applicable, the part B institution and each institution of higher education, private nonprofit organization, and educational agency applying in consortium with such part B institution for such grant; (3) the specific activities that the eligible entity will carry out with funds made available by such grant, including, for a consortium application submitted by an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), a description of the activities that the part B institution and each institution of higher education, private nonprofit organization, and educational agency of the consortium will carry out and a description of the capacity of each such institution, organization, and educational agency to carry out such activities; (4) the performance measures that the eligible entity will use to track its progress in implementing each proposed educational innovation, including a description of how the entity will implement such performance measures and use information on performance to make adjustments and improvements to its implementation activities, as needed, over the course of the grant period; (5) how the eligible entity will provide the amount required under section 788(e)(2)(B); (6) how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant that includes— (A) an interim report (evaluating the progress made in the first 3 years of the grant); and (B) a final report (completed at the end of the grant period); and (7) the plan of the eligible entity for continuing each proposed educational innovation after the grant period has ended. 790. Priority In awarding grants under this part, the Secretary shall give priority to applications that address issues of major national need, including— (1) educational innovations designed to increase the number of African-American males who attain a postsecondary degree; (2) innovative partnerships between part B institutions and local educational agencies that are designed to increase the enrollment and successful completion of historically underrepresented populations in higher education; (3) educational innovations that bring together the resources of part B institutions and partner institutions in support of economic development, entrepreneurship, and the commercialization of funded research and the development of an innovation ecosystem on postsecondary school campuses; (4) educational innovations that support developing programs and initiatives to support undergraduate and graduate programs in science, technology, engineering, and mathematics; and (5) educational innovations described in paragraphs (3) and (6) of section 791(b). 791. Use of funds (a) Planning grants An eligible entity receiving a planning grant authorized under section 788(b) shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes— (1) an assessment of the needs of the part B institution and, in the case of an eligible entity applying in a consortium described in subparagraph (B), (C), (D), or (E) of section 787(1), the needs of such other institution of higher education, private nonprofit organization, or educational agency; (2) research on educational innovations, consistent with the purpose of this part, as described in section 786, to meet the needs described in paragraph (1); (3) the selection of one or more such educational innovations to be implemented; (4) an assessment of the capacity of the part B institution and, in the case of an eligible entity applying in a consortium as described in subparagraph (B), (C), (D), or (E) of section 787(1), the capacity of such other institution of higher education, private nonprofit organization, or educational agency to implement each such educational innovation; and (5) activities to further develop such capacity. (b) Implementation grants An eligible entity receiving an implementation grant under section 788(c) shall use the funds made available by such grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations that address the purpose of this part, as described in section 786, such as educational innovations designed to— (1) improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework (which may be accomplished through the evidence-based redesign of such coursework) and pursue and succeed in postsecondary studies; (2) improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students, including high-achieving students, from low-income families, such as through activities undertaken in partnership with local educational agencies and nonprofit organizations (including the introduction of dual enrollment programs and the implementation of activities designed to enable more students to enter postsecondary education without the need for remediation); (3) increase the number or percentage of students, particularly students who are members of historically underrepresented populations, who enroll in science, technology, engineering, and mathematics courses, graduate with degrees in such fields, and pursue advanced studies in such fields; (4) increase (such as through the provision of comprehensive academic and nonacademic student support services) the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage of students who graduate from postsecondary school on time; (5) implement evidence-based improvements to courses, particularly high-enrollment courses, to improve student outcomes and reduce education costs for students, including costs of remedial courses; (6) enhance the quality of teacher preparation programs at part B institutions, to enable teachers at such institutions to be highly effective in the classroom and to enable such programs to meet the demands for accountability in teacher education; (7) expand the effective use of technology in higher education, such as through inter-institutional collaboration on implementing competency-based technology-enabled delivery models (including hybrid models) or through the use of open educational resources and digital content; and (8) provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs (1) through (7). 792. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020 to carry out the activities under this part. .
Historically Black Colleges and Universities Innovation Fund Act of 2014
Fairness for Fallen Officers Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include a fatal climate-related injury (including hypothermia, heatstroke, and hyperthermia) sustained by a public safety officer who engaged in a situation involving exposure to extreme environmental conditions while on duty as a personal injury for which death benefits shall be provided.
To expand benefits to the families of public safety officers who suffer fatal climate-related injuries sustained in the line of duty and proximately resulting in death. 1. Short title This Act may be cited as the Fairness for Fallen Officers Act of 2014 2. Benefits for families of public safety officers who suffer fatal climate-related injuries Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796 (1) in subsection (k)— (A) in the matter preceding paragraph (1), by striking or vascular rupture vascular rupture, or climate-related injury (B) in paragraph (1)(A), by inserting exposure to extreme environmental conditions, disaster relief, (C) in paragraph (2), by striking or vascular rupture vascular rupture, or climate-related injury (D) in paragraph (3), by striking or vascular rupture vascular rupture, or climate-related injury (E) in the flush text following paragraph (3), by striking or vascular rupture vascular rupture, or climate-related injury (2) by amending subsection (l) to read as follows: (l) For purposes of subsection (k)— (1) the term climate-related injury (2) the term nonroutine stressful or strenuous physical .
Fairness for Fallen Officers Act of 2014
Caring for Military Children with Developmental Disabilities Act of 2014 - Includes in the treatment of military dependents' developmental disabilities under the Department of Defense (DOD) TRICARE program behavioral health treatment, including applied behavior analysis, that is prescribed by a physician or psychologist. Allows such behavioral health treatment to be provided only to the extent that amounts are appropriated in advance for such treatment to a Defense Dependents Developmental Disabilities Account. Establishes in the Treasury the Defense Dependents Developmental Disabilities Account, which is to be separate from the DOD's Defense Health Program Account. Authorizes appropriations for, and transfers funds to, the Defense Dependents Developmental Disabilities Account.
To amend title 10, United States Code, to provide for certain behavioral health treatment under TRICARE for children and adults with developmental disabilities. 1. Short title This Act may be cited as the Caring for Military Children with Developmental Disabilities Act of 2014 2. Behavioral health treatment of developmental disabilities under the TRICARE program (a) Behavioral health treatment of developmental disabilities under TRICARE Section 1077 (g) (1) Subject to paragraph (4), in providing health care under subsection (a), the treatment of developmental disabilities (as defined by section 102(8) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum disorder, shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician or psychologist. (2) In carrying out this subsection, the Secretary shall ensure that— (A) except as provided by subparagraph (B), behavioral health treatment is provided pursuant to this subsection— (i) in the case of such treatment provided in a State that requires licensing or certification of applied behavioral analysts by State law, by an individual who is licensed or certified to practice applied behavioral analysis in accordance with the laws of the State; or (ii) in the case of such treatment provided in a State other than a State described in clause (i), by an individual who is licensed or certified by a State or accredited national certification board; and (B) applied behavior analysis or other behavioral health treatment may be provided by an employee, contractor, or trainee of a person described in subparagraph (A) if the employee, contractor, or trainee meets minimum qualifications, training, and supervision requirements as set forth in applicable State law, by an appropriate accredited national certification board, or by the Secretary. (3) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under— (A) this chapter; (B) title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (C) any other law. (4) (A) Treatment may be provided under this subsection in a fiscal year only to the extent that amounts are provided in advance in appropriations Acts for the provision of such treatment for such fiscal year in the Defense Dependents Developmental Disabilities Account. (B) Funds for treatment under this subsection may be derived only from the Defense Dependents Developmental Disabilities Account. . (b) Defense Dependents Developmental Disabilities Account (1) Establishment (A) In general There is hereby established on the books of the Treasury an account to be known as the Defense Dependents Developmental Disabilities Account Account (B) Separate account The Account shall be a separate account for the Department of Defense, and shall not be a subaccount within the Defense Health Program account of the Department. (2) Elements The Account shall consist of amounts authorized to be appropriated or transferred to the Account. (3) Excluded sources of elements Amounts in the Account may not be derived from transfers from the following: (A) The Department of Defense Medicare-Eligible Retiree Health Care Fund under chapter 56 (B) The Coast Guard Retired Pay Account. (C) The National Oceanic and Atmospheric Administration Operations, Research, and Facilities Account. (D) The Public Health Service Retirement Pay and Medical Benefits for Commissioned Officers Account. (4) Availability Amounts in the Account shall be available for the treatment of developmental disabilities in covered beneficiaries pursuant to subsection (g) of section 1077 of title 10, United States Code (as added by subsection (a)). Amounts in the Account shall be so available until expended. (5) Funding (A) Authorization of appropriations There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Defense for the Defense Dependents Developmental Disabilities Account, $20,000,000. (B) Transfer for continuation of existing services From amounts authorized to be appropriated for the Department of Defense for the Defense Health Program for fiscal year 2015, the Secretary of Defense shall transfer to the Defense Dependents Developmental Disabilities Account $250,000,000.
Caring for Military Children with Developmental Disabilities Act of 2014
Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 - Amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include: (1) a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or (2) in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].) Revises the VA definition of "small business concern owned and controlled by veterans" to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs. Provides that if the death of a service-disabled veteran causes a small business concern to be less than 51% owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall be treated as if the surviving spouse were that veteran for the purpose of maintaining the business's eligibility for such contracting programs until the earliest of the following dates: (1) the date on which the surviving spouse either remarries or relinquishes the ownership interest, (2) 10 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as 100% disabling or who dies as a result of a service-connected disability, or (3) 3 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100% disabling who does not die as a result of a service-connected disability. (Currently, the SBA program does not provide such treatment for surviving spouses while the VA program provides such treatment only until remarriage, ownership relinquishment, or for 10 years with respect to surviving spouses of veterans with a 100% disabling service-connected disability or who die as a result of a service-connected disability.) Requires a Comptroller General (GAO) report on the advisability of the SBA or the VA having government-wide responsibility for verifying businesses purporting to be small business concerns owned and controlled by service-disabled veterans.
To amend the Small Business Act and title 38, United States Code, to provide for a consolidated definition of a small business concern owned and controlled by veterans, and for other purposes. 1. Short title This Act may be cited as the Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 2. Small Business definition of small business concern consolidated Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended— (1) by amending paragraph (2) to read as follows: (2) Small business concern owned and controlled by service-disabled veterans The term small business concern owned and controlled by service-disabled veterans (A) (i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or (B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans. ; and (2) by adding at the end the following: (6) Treatment of Businesses After Death of Veteran-Owner (A) In general If the death of a service-disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service-disabled veterans. (B) Period described The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on the earliest of the following dates: (i) The date on which the surviving spouse remarries. (ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern. (iii) The date that— (I) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or (II) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death. . 3. Veterans Affairs Definition of small business concern consolidated Section 8127 (1) by striking subsection (h); and (2) in subsection (l)(2), by striking means has the meaning given that term under section 3(q) of the Small Business Act (15 U.S.C. 632(q)). 4. GAO report on verification of status Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Veterans' Affairs and the Committee on Small Business of the House of Representatives a report— (1) evaluating whether it is practicable for the Administrator of the Small Business Administration or the Secretary of Veterans Affairs to have Government-wide responsibility for verifying whether a business concern purporting to be a small business concern owned and controlled by service-disabled veterans (as defined under section 3(q) of the Small Business Act (15 U.S.C. 632(q)), as amended by this Act) qualifies as a small business concern owned and controlled by service-disabled veterans; and (2) making recommendations on the advisability of the Administrator of the Small Business Administration or the Secretary of Veterans Affairs having such Government-wide responsibility.
Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014
Future Logging Careers Act - Amends the Fair Labor Standards Act of 1938 to make the restrictions on oppressive child labor inapplicable to employment of an employee age 16 or 17 by a parent, or a person standing in place of a parent, in a logging or mechanized operation owned or operated by that parent or person.
To exempt certain 16- and 17-year-old children employed in logging or mechanized operations from child labor laws. 1. Short title This Act may be cited as the Future Logging Careers Act 2. Child labor law exemptions for logging and mechanized operations The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (1) in section 3 ( 29 U.S.C. 203 (A) in subsection (l), by adding at the end the following: , and that employment of employees ages sixteen or seventeen years in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children of such ages shall not be deemed to constitute oppressive child labor if such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person (B) by adding at the end the following: (z) (1) Logging (A) means— (i) the felling of timber in mechanized operations; (ii) the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; (iii) the collecting, skidding, yarding, loading, transporting and unloading of such products in connection with logging; (iv) the constructing, repairing and maintaining of roads or camps used in connection with logging; (v) the constructing, repairing, and maintenance of machinery or equipment used in logging; and (vi) other work performed in connection with logging; and (B) does not include the manual use of chain saws to fell and process timber and the use of cable skidders to bring the timber to the landing. (2) Mechanized operation (A) means the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders; and (B) includes whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull thru delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders. ; and (2) in section 13(c) ( 29 U.S.C. 211(c) (8) The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person. .
Future Logging Careers Act
Let Seniors Work Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) eliminate the payroll tax for individuals who have attained retirement age, and (2) remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.
To eliminate the payroll tax for individuals who have attained retirement age, to amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes. 1. Short title This Act may be cited as the Let Seniors Work Act of 2014 2. Elimination of payroll tax for individuals who have attained retirement age (a) In general Section 230 of the Social Security Act ( 42 U.S.C. 430 (1) in subsection (a), by striking subsection (b) or (c) subsection (b), (c), or (e) (2) in subsection (b), by striking subsection (c) subsections (c) and (e) (3) by adding at the end the following new subsection: (e) Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 2014 for any individual who has attained retirement age (as defined in section 216(l)(1)) shall be reduced to zero. . (b) Effective date The amendments made by this section shall apply to remuneration paid in any calendar year after 2014. 3. Repeal of provisions relating to deductions on account of work (a) In general Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act ( 42 U.S.C. 403 (b) Conforming amendments Section 203 of such Act (as amended by subsection (a)) is further amended— (1) in subsection (c), by redesignating such subsection as subsection (b), and— (A) by striking Noncovered Work Outside the United States or (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking For purposes of paragraphs (2), (3), and (4) For purposes of paragraphs (1), (2), and (3) (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking subsections (c) and (d) subsection (b) (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking subsection (c) subsection (b) (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking subsection (g) or (h)(1)(A) subsection (d) 4. Additional conforming amendments (a) Provisions relating to benefits terminated upon deportation Section 202(n)(1) of the Social Security Act ( 42 U.S.C. 402(n)(1) Section 203 (b), (c), and (d) Section 203(b) (b) Provisions relating to exemptions from reductions based on early retirement (1) Section 202(q)(5)(B) of such Act ( 42 U.S.C. 402(q)(5)(B) section 203(c)(2) section 203(b)(1) (2) Section 202(q)(7)(A) of such Act ( 42 U.S.C. 402(q)(7)(A) deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b) deductions on account of work under section 203 or deductions under section 222(b) (c) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits (1) Section 202(s)(1) of such Act ( 42 U.S.C. 402(s)(1) paragraphs (2), (3), and (4) of section 203(c) paragraphs (1), (2), and (3) of section 203(b) (2) Section 202(s)(3) of such Act ( 42 U.S.C. 402(s)(3) The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections Subsections (d) Provisions relating to suspension of aliens' benefits Section 202(t)(7) of such Act ( 42 U.S.C. 402(t)(7) Subsections (b), (c), and (d) Subsection (b) (e) Provisions relating to reductions in benefits based on maximum benefits Section 203(a)(3)(B)(iii) of such Act ( 42 U.S.C. 403(a)(3)(B)(iii) and subsections (b), (c), and (d) and subsection (b) (f) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work Section 208(a)(1)(C) of such Act ( 42 U.S.C. 408(a)(1)(C) under section 203(f) of this title for purposes of deductions from benefits under section 203 for purposes of deductions from benefits on account of work (g) Provisions taking into account earnings in determining benefit computation years Subclause (I) in the next to last sentence of section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) no earnings as described in section 203(f)(5) in such year no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year (h) Provisions relating to rounding of benefits Section 215(g) of such Act ( 42 U.S.C. 415(g) and any deduction under section 203(b) (i) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals The second sentence of section 223(d)(4)(A) of such Act ( 42 U.S.C. 423(d)(4)(A) if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted if the amendments to section 203 made by section 102 of the Senior Citizens Right to Work Act of 1996 and by the Social Security Earnings Test Repeal Act of 2014 (j) Provisions defining income for purposes of SSI Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) (1) by striking as determined under section 203(f)(5)(C) as defined in the last two sentences of this subsection (2) by adding at the end (after and below paragraph (2)(H)) the following: For purposes of paragraph (1)(A), the term wages wages . (k) Repeal of deductions on account of work under the Railroad Retirement Program (1) In general Section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments (A) Section 3(f)(1) of such Act ( 45 U.S.C. 231b(f)(1) before any reductions under the provisions of section 2(f) of this Act, (B) Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) (i) in clause (i), by striking shall, before any deductions under section 2(g) of this Act, shall (ii) in clause (ii), by striking any deductions under section 2(g) of this Act and before 5. Effective date The amendments and repeals made by sections 3 and 4 of this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.
Let Seniors Work Act of 2014
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) United States Anti-Doping Agency Reauthorization Act - Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to: (1) authorize appropriations for the U.S. Anti-Doping Agency for FY2014-FY2020, (2) require that the Agency be recognized worldwide as the independent national anti-doping organization for the United States, and (3) replace the Agency's role in preventing the use by U.S. amateur athletes of performance-enhancing genetic modifications accomplished through gene doping with a role in preventing the use of prohibited performance-enhancing methods adopted by the Agency.
United States Anti-Doping Agency Reauthorization Act
State Exchange Accountability Act - Amends the Patient Protection and Affordable Care Act to require a state to reimburse the federal government for the amount of establishment or early innovator grants the state received to operate a health care exchange if it operated an exchange in 2014 but subsequently elected to provide for enrollment in qualified health plans solely through the federal health care exchange. Requires that: (1) reimbursement be made in full within 10 years of such election, pursuant to an agreement with the Department of Health and Human Services (HHS); and (2) in case of failure to enter such an agreement, the Secretary of HHS shall reduce the state's Medicaid funding for 10 fiscal years in an aggregate amount equal to the reimbursement amount.
To amend the Patient Protection and Affordable Care Act to require States with failed American Health Benefit Exchanges to reimburse the Federal Government for amounts provided under grants for the establishment and operation of such Exchanges. 1. Short title This Act may be cited as the State Exchange Accountability Act 2. Reimbursing the Federal Government for failed State Exchange grants Section 1311(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(a) (6) Reimbursement in the case of failed Exchanges (A) In general In the case of a State that has received one or more establishment or early innovator grants under this subsection and which operated a State-based Exchange in program year 2014, if such State subsequently elects to provide solely for the enrollment of its residents in qualified health plans through the Federally Facilitated Exchange, such State shall reimburse the Federal Government for the aggregate amounts provided to the State under such grant or grants. (B) Reimbursement agreements Reimbursement shall be provided to the Federal Government by a State under this paragraph pursuant to the terms of an agreement entered into by the State and the Department of Health and Human Services that, at a minimum, shall require that— (i) such reimbursement be made, in full, within the 10-year period beginning on the date on which the State makes the election described in paragraph (1); and (ii) that the State make an annual payment in an amount equal to 10 percent of the total amount provided to the State under the grant or grants awarded to the State under this subsection. (C) No reduction in amount The Federal Government shall not reduce the amount of the reimbursement required to be provided by a State under this paragraph. (D) Failure to enter into agreement In the case of a State described in subparagraph (A) that fails to enter into an agreement under subparagraph (B), the Secretary shall reduce the amount to be paid to the State under title XIX of the Social Security Act for each of the 10 fiscal years beginning with the first fiscal year that begins after the date of the election described in subparagraph (A) by the State. The amount of each such reduction shall be uniform and shall in the aggregate equal the total amount of the reimbursement required under this paragraph. (E) Deficit reduction Amounts paid by a State under this section shall be placed in the General Fund of the Treasury to be used for deficit reduction. .
State Exchange Accountability Act
Simplifying Financial Aid for Students Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary of Education to provide for the use of data from the second preceding tax year when and to the extent necessary to carry out the simplification of applications used in estimating and determining financial aid eligibility. Requires such simplification to include data sharing between the Internal Revenue Service (IRS) and the Department of Education, pursuant to taxpayer consent. Increases (from $23,000 to $30,000) the limit on the adjusted gross income that parents, in the case of dependent students, and students and their spouses, in the case of independent students with dependents other than a spouse, may make if those students are to be considered as having zero expected family contribution in the determination of their need for financial aid.
To amend the Higher Education Act of 1965 to require the Secretary to provide for the use of data from the second preceding tax year to carry out the simplification of applications for the estimation and determination of financial aid eligibility, to increase the income threshold to qualify for zero expected family contribution, and for other purposes. 1. Short title This Act may be cited as the Simplifying Financial Aid for Students Act of 2014 2. Using data for second preceding year Section 480(a)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(a)(1)(B) (B) Notwithstanding section 478(a) and beginning not later than 180 days after the date of enactment of the Simplifying Financial Aid for Students Act of 2014 . 3. Zero Expected Family Contribution Section 479(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ss(c) (1) in paragraph (1)(B), by striking $23,000 $30,000 (2) in paragraph (2)(B), by striking $23,000 $30,000
Simplifying Financial Aid for Students Act of 2014
Stop Subsidizing Childhood Obesity Act - Amends the Internal Revenue Code to deny a tax deduction for any business expenses: (1) for advertising or marketing primarily directed at children (defined as individuals under the age of 14) to promote the consumption by such children of food of poor nutritional quality or of a brand primarily associated with food of poor nutritional quality that is primarily directed at children; and (2) for related expenses, including for travel, goods or services constituting entertainment, amusement, or recreation, gifts, or other promotion expenses. Directs the Secretary of the Treasury to enter into a contract with the Institute of Medicine to develop procedures to evaluate and identify food of poor nutritional quality and brands that are primarily associated with such food. Authorizes additional funding to carry out the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch Act.
To amend the Internal Revenue Code of 1986 to protect children’s health by denying any deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality. 1. Short title This Act may be cited as the Stop Subsidizing Childhood Obesity Act 2. Findings Congress finds the following: (1) Childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years. Currently, more than one-third of children and adolescents are overweight or obese. (2) A report by the Robert Wood Johnson Foundation found that if the population of the United States continues on its current trajectory, adult obesity rates could exceed 60 percent in a number of States by 2030. (3) Health-related behaviors, such as eating habits and physical activity patterns, develop early in life and often extend into adulthood. The diets of American children and adolescents depart substantially from recommended patterns that put their health at risk. Overall, American children and youth are not achieving basic nutritional goals. They are consuming excess calories and added sugars and have higher than recommended intakes of sodium, total fat, and saturated fats. (4) Budgets for food marketing to children have spiked into the billions of dollars. According to a 2012 report from the Federal Trade Commission, the total amount spent on food marketing to children is about $2 billion a year. (5) Companies market food to children through television, radio, Internet, magazines, product placement in movies and video games, schools, product packages, toys, clothing and other merchandise, and almost anywhere a logo or product image can be shown. (6) According to a comprehensive review by the National Academies’ Institute of Medicine, studies demonstrate that television food advertising affects children’s food choices, food purchase requests, diets, and health. (7) A 2005 report from the Institute of Medicine confirmed that aggressive marketing of high-calorie foods to children and adolescents has been identified as one of the major contributors to childhood obesity (8) Nearly three-quarters of the foods advertised on television shows intended for children are for sweets and convenience or fast foods. (9) A study published in the Journal of Law and Economics and funded by the National Institutes of Health found that the elimination of the tax deduction that allows companies to deduct costs associated with advertising food of poor nutritional quality to children could reduce the rates of childhood obesity by 5 to 7 percent. 3. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality (a) In general Part IX of subchapter B of chapter 1 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality (a) In general No deduction shall be allowed under this chapter with respect to— (1) any advertisement or marketing— (A) primarily directed at children for purposes of promoting the consumption by children of any food of poor nutritional quality, or (B) of a brand primarily associated with food of poor nutritional quality that is primarily directed at children, and (2) any of the following which are incurred or provided primarily for purposes described in paragraph (1): (A) Travel expenses (including meals and lodging). (B) Goods or services of a type generally considered to constitute entertainment, amusement, or recreation or the use of a facility in connection with providing such goods and services. (C) Gifts. (D) Other promotion expenses. (b) IOM Study (1) In general Not later than 60 days after the date of the enactment of this section, the Secretary shall enter into a contract with the Institute of Medicine under which the Institute of Medicine shall develop procedures for the evaluation and identification of— (A) food of poor nutritional quality, and (B) brands that are primarily associated with food of poor nutritional quality. (2) IOM Report Not later than 12 months after the date of the enactment of this section, the Institute of Medicine shall submit to the Secretary a report that establishes the proposed procedures described in paragraph (1). (c) Definitions In this section: (1) Brand The term brand (2) Child The term child (3) Food The term food (4) Marketing The term marketing (A) advertising (including product placement) on television and radio, in print media, in social media, and on the Internet (including third-party and company-sponsored websites), (B) the use of characters or mascots, themes, activities, incentives, or any other advertising or promotional techniques contained on the packaging or labeling of a product, (C) advertising preceding a movie shown in a movie theater or placed on a video (DVD or VHS) or within a video game or mobile application, (D) promotional content transmitted to televisions, personal computers, and other digital or mobile devices, (E) advertising displays and promotions at the retail site or events, (F) specialty or premium items distributed in connection with the sale of a product or a product loyalty program, (G) character licensing, toy co-branding and cross-promotions, (H) celebrity and athlete endorsements, and (I) any advertising or promotional techniques used within a school. (d) Regulations Not later than 18 months after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and the Federal Trade Commission, shall promulgate such regulations as may be necessary to carry out the purposes of this section, including regulations defining the terms directed at children food of poor nutritional quality brand primarily associated with food of poor nutritional quality . (b) Clerical amendment The table of sections for such part IX is amended by adding at the end the following new item: Sec. 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality. (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning 24 months after the date of the enactment of this Act. 4. Additional funding for the Fresh Fruit and Vegetable Program In addition to any other amounts made available to carry out the Fresh Fruit and Vegetable Program under section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a
Stop Subsidizing Childhood Obesity Act
Speak Up to Protect Every Abused Kid Act - Expresses the sense of Congress with respect to abused children. Amends the Child Abuse Prevention and Treatment Act (CAPTA) to direct the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain specified assurances about: (1) state laws or programs that include procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to state child protective services agencies or to law enforcement agencies; (2) procedures to ensure coordination between the state law or statewide program and relevant law enforcement and state or community-based victims' services agencies with respect to referrals of child victims of acts by a perpetrator other than a parent or caretaker that would otherwise be considered child abuse or neglect; and (3) primary state responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in the state, even if the child or alleged perpetrator resides in a different state. Requires a state law to require certain licensed, certified, or professional individuals to report suspected or known incidents of child abuse or neglect. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will support training for adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.
To amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes. 1. Short title This Act may be cited as the Speak Up to Protect Every Abused Kid Act 2. Sense of Congress It is the sense of Congress that— (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2012 indicate that 678,810 children in the United States were reported as being victims of child abuse or neglect, and 11,539 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. 3. Educational campaigns and training The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 ( 42 U.S.C. 5104 103A. Educational campaigns and training (a) In general The Secretary shall make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding State laws for mandatory reporting of incidents of child abuse or neglect. (b) Guidance and information on best practices The Secretary shall develop and disseminate guidance and information on best practices for— (1) educational campaigns to educate members of the public about— (A) the acts and omissions that constitute child abuse or neglect under State law; (B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and (C) the resources available to struggling families to help prevent child abuse and neglect; and (2) evidence-based or evidence-informed training programs to improve such reporting by adults, with a focus on adults who work with children in a professional or volunteer capacity. (c) Applications To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). (d) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015 and $10,000,000 for each of fiscal years 2016 through 2019. . 4. Grants to States for child abuse or neglect prevention and treatment programs Section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) (1) in paragraph (2)— (A) in subparagraph (B), by striking (B) an assurance (B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes— (i) provisions or procedures for an individual described in paragraph (5) to report suspected or known incidents of child abuse or neglect to a State child protective service agency or to a law enforcement agency, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any individual described in paragraph (5), in accordance with paragraph (6); ; (B) in subparagraph (F), by striking ; and ; (C) in subparagraph (G), by striking the period at the end and inserting ; (D) by inserting after subparagraph (G) the following: (H) an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph (B) and relevant law enforcement and State or community-based victims’ services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such act were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program; and (I) an assurance that the State will— (i) take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that State, even if the child or the alleged perpetrator resides in a different State; (ii) in the case of a State that takes primary responsibility to investigate a report as described in clause (i), share the results of the investigation with the State where the child resides and with the State where the alleged perpetrator resides; and (iii) in the case of a State in which the child or alleged perpetrator resides, but where the alleged incident did not occur, establish a plan to assist the State with primary responsibility for the investigation. ; and (2) by adding at the end the following: (5) Individuals required to report suspected or known child abuse or neglect To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: (A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. (B) Individuals employed by a school who have direct contact with children, including teachers, administrators, and independent contractors. (C) Peace officers and law enforcement personnel. (D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. (E) Day care and child care operators and employees. (F) Employees of social services agencies who have direct contact with children in the course of employment. (G) Foster parents. (H) Court appointed special advocates (employees and volunteers). (I) Camp and after-school employees. (J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. (K) Other individuals, as the applicable State law or statewide program may require. (6) Reporting requirement To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency (as applicable under State law) and, if applicable, to the individual's supervisor or employer. . 5. Approaches and techniques to improve reporting (a) Eligibility Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5107c(b)) is amended— (1) in paragraph (4)— (A) in subparagraph (A), by striking and (B) by adding at the end the following: (C) support training for adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and ; and (2) in paragraph (5), by inserting before the period and the training described in paragraph (4)(C) (b) State task force study Section 107(d) of such Act ( 42 U.S.C. 5107c(d) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period and inserting ; and (3) by inserting after paragraph (2) the following: (3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law. . (c) Adoption of recommendations Section 107(e)(1) of such Act ( 42 U.S.C. 5107c(e)(1) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period and inserting ; and (3) by adding at the end the following: (D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies. . 6. General program grants Section 108 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106d (f) Mandatory reporting To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i). . 7. Reports Section 110 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106f (e) Study and report on State mandatory reporting laws (1) Study Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act (2) Report (A) In general Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act (B) Contents The report submitted under subparagraph (A) shall— (i) provide an update on— (I) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and (II) State efforts to improve reporting on, and responding to reports of, child abuse or neglect; and (ii) include data regarding any changes in the rate of substantiated child abuse reports and changes in the rate of child abuse fatalities since the date of enactment of the Speak Up to Protect Every Abused Kid Act . 8. Community-based grants Section 204 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116d (1) in paragraph (11), by striking and (2) in paragraph (12), by striking the period and inserting ; and (3) by adding at the end the following: (13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i). . 9. Effective date (a) In general Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory reporting requirements The amendments made by sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and applications submitted after the date that is 2 years after the date of enactment of this Act.
Speak Up to Protect Every Abused Kid Act
RETURNED FOR REVISIONS Justice for Amy Act of 2014 - Amends federal criminal code provisions concerning mandatory restitution to require a court to apply the principle of aggregate causation to determine the full amount of the victim's losses caused by a child pornography offense and all related sexual abuse offenses committed by all persons against the victim. Makes a defendant convicted of such an offense jointly and severally liable for the victim's losses. Requires each defendant found jointly and severally liable to pay an equal percentage of such losses. Allows: (1) a defendant convicted of such an offense to bring a civil action in U.S. district court, based upon a preponderance of the evidence, for contribution against all other persons who have committed such an offense against the victim; and (2) a person who has been held jointly or severally liable in a civil action to bring suit in U.S. district court for contribution against all others who have committed such an offense against the victim. Directs the Attorney General to submit to Congress a report on the efforts of the Department of Justice (DOJ) to collect restitution for victims of child pornography.
To amend section 2259 1. Short title This Act may be cited as the Justice for Amy Act of 2014 2. Mandatory restitution Section 2259 2259. Mandatory restitution (a) Mandatory restitution (1) In general Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. (2) Requirements Under this section— (A) the issuance of a restitution order is mandatory; and (B) a court may not decline to issue a restitution order because of— (i) the economic circumstances of the defendant; or (ii) the fact that a victim has received, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source. (b) Restitution for child pornography offenses (1) Calculation of victim's losses For a victim of a child pornography offense, the court shall apply the principle of aggregate causation to determine the full amount of the victim's losses caused by the child pornography offense and all related sexual abuse offenses committed by all persons against the victim. The amount of victim's losses shall include any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, as well as other costs incurred; and (F) any other losses aggregately caused by the offenses. (2) Enforcement An order of restitution for a child pornography offense shall— (A) direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses determined under paragraph (1); and (B) be issued and enforced in accordance with subsections (a) through (d) and subsections (f) through (p) of section 3664. (3) Joint and several liability A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim shall be jointly and severally liable for the victim's losses determined under paragraph (1) and each defendant found to be jointly and severally liable shall pay an equal percentage of such losses. (4) Contribution (A) Suit by convicted defendants A defendant convicted of a child pornography offense or a related sexual abuse offense against a victim may bring a civil action in a district court of the United States, based upon a preponderance of the evidence, for contribution against all other persons who have committed a related sexual abuse offense against the victim. (B) Suit by other persons A person who has been held jointly or severally liable in a civil action under subparagraph (C)(iii) may bring a civil action in a district court of the United States for contribution against all other persons who have committed a related sexual abuse offense against the victim. (C) Requirements for civil action In a civil action filed under subparagraph (A) or (B)— (i) the identity of the respondent in the civil action shall be kept confidential if the respondent has not been convicted of the offense alleged in the civil action, except that the identity of the respondent— (I) may be released by the Court to a Federal or local law enforcement agency for law enforcement purposes; and (II) shall be made public if the respondent— (aa) enters into a settlement agreement in the civil action; or (bb) is held liable in the civil action; (ii) the court shall determine whether the petitioner is entitled to contribution based on a preponderance of the evidence; (iii) the court shall determine whether the respondent has committed a related sexual abuse offense against the victim based on a preponderance of the evidence; (iv) if the court finds that the respondent has committed a related sexual abuse offense against the victim, the respondent shall be jointly and severally liable for the victim's losses determined under paragraph (1); (v) the court shall order each person found to be jointly and severally liable for the victim's losses determined under paragraph (1) to pay an equal percentage of such losses; and (vi) in the case of a settlement agreement, if the petitioner has not paid in full the amount owed to the victim under an order of restitution entered under this section, any payment agreed to be made by the respondent shall be paid directly to the victim. (c) Restitution for other offenses under this chapter (1) Calculation of victim's losses The order of restitution for an offense committed under this chapter, other than a child pornography offense, shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses suffered as a proximate result of the defendant's offense. The amount shall include any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, as well as other costs incurred; and (F) any other losses proximately caused by the offense. (2) Enforcement An order of restitution for an offense committed under this chapter, other than a child pornography offense, shall be issued and enforced in accordance with section 3664. (d) Definitions For purposes of this section— (1) the term child pornography offense (2) the term related sexual abuse offense (3) the term victim . 3. Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the efforts of the Department of Justice to collect restitution for victims of child pornography.
Justice for Amy Act of 2014
Sustainable Water Infrastructure Investment Act of 2013 [sic] - Amends the Internal Revenue Code to exempt from state volume caps tax-exempt facility bonds for sewage and water supply facilities.
To amend the Internal Revenue Code of 1986 to provide that the volume cap for private activity bonds shall not apply to bonds for facilities for the furnishing of water and sewage facilities. 1. Short title This Act may be cited as the Sustainable Water Infrastructure Investment Act of 2013 2. Findings and purpose (a) Findings Congress finds the following: (1) Our Nation’s water and wastewater systems are among the best in the world, providing safe drinking water and sanitation to our citizens. (2) In addition to protecting the health of our citizens, community water systems are essential to our local economies, enabling industries to achieve growth and productivity that make America strong and prosperous. (3) Regulated under title XIV of the Public Health Service Act ( 42 U.S.C. 300f et seq. Safe Drinking Water Act 33 U.S.C. 1251 et seq. (4) Water and wastewater infrastructure is comprised of a mixture of old and new technology. In many local communities across the Nation, the old infrastructure has deteriorated to critical conditions and is very costly to replace. Recent government studies have estimated costs of $500,000,000,000 to $800,000,000,000 over the next 20 years for maintaining and improving the existing inventory, building new infrastructure, and meeting new water quality standards. (5) The historical approach of funding infrastructure is insufficient to meet the investment needs of the future. (6) The Federal partnership with State and local communities has played a pivotal role in improving the Nation’s water quality and drinking water supplies. Federal assistance under this partnership has been the linchpin of these improvements. (7) In light of constrained Federal budgets, the availability of exempt-facility financing represents an important financing tool to help close the gap between funds currently being invested and water infrastructure needs, preserving the Federal partnership. (8) Providing alternative financing solutions, such as tax-exempt securities, encourages investment in water and wastewater infrastructure that in turn creates local jobs and protects the health of our citizens. (9) Federally mandated State volume cap restrictions in conjunction with other priorities have limited the use of tax-exempt securities on water and wastewater infrastructure investment. (10) Removal of State volume caps for water and wastewater infrastructure will accelerate and increase overall investment in the Nation’s critical water infrastructure; facilitate increased use of innovative infrastructure delivery methods supporting sustainable water systems through public-private partnerships that optimize design, financing, construction, and long-term management, maintenance and viability; and provide for more effective risk management of complex water infrastructure projects by municipal utility and private sector partners. (b) Purpose The purpose of this Act is to provide alternative financing for long-term infrastructure capital investment programs, and to restore the Nation’s safe drinking water and wastewater infrastructure capability and protect the health of our citizens. 3. Exempt-facility bonds for sewage and water supply facilities (a) Bonds for water and sewage facilities exempt from volume cap on private activity bonds Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 is amended by inserting (4), (5), (2), (b) Conforming change Paragraphs (2) and (3)(B) of section 146(k) of the Internal Revenue Code of 1986 are both amended by striking (4), (5), (6), (6) (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
Sustainable Water Infrastructure Investment Act of 2013
National Discovery Trails Act of 2014 - Amends the National Trails System Act to establish national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Authorizes the designation of such trails on federal lands and, with the consent of the owner, on non-federal lands. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, splitting into northern and southern routes at Cincinnati, Ohio, and rejoining at Denver, Colorado. Sets forth requirements for designation of a trail as a national discovery trail. Requires the appropriate Secretary for each national discovery trail to: (1) administer the trail in cooperation with a competent trailwide volunteer-based organization; and (2) submit a comprehensive plan for the protection, management, development, and use of such trail.
To amend the National Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes. 1. Short title This Act may be cited as the National Discovery Trails Act of 2014 2. National Trails System Act amendments (a) National discovery trails Section 3(a) of the National Trails System Act ( 16 U.S.C. 1242(a) (5) National discovery trails, established under section 5, which will be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America’s trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back country regions of the Nation. Any such trail may be designated on Federal lands and, with the consent of the owner thereof, on any non-Federal lands. . (b) Designation of the American discovery trail as a national discovery trail Section 5(a) of such Act ( 16 U.S.C. 1244(a) (31) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected Federal land managing agencies, and State and local governments, as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall not apply to the American Discovery Trail. . (c) Comprehensive national discovery trail plan Section 7 of such Act (16 U.S.C. 1246) is further amended by adding at the end the following new subsection: (l) (1) For purposes of subsection (5)(b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: (A) The trail must link one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) (B) The trail must be supported by at least one competent trailwide volunteer-based organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. (C) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. (2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with at least one competent trailwide volunteer-based organization. Where the designation of discovery trail is aligned with other units of the National Trails System, or State or local trails, the designation of a discovery trail shall not affect the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established. Not later than three complete fiscal years after the date of the enactment of any law designating a national discovery trail, the appropriate Secretary shall submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include— (A) policies and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail and a plan for their implementation where appropriate; (B) general and site-specific trail-related development including costs; and (C) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in subsection (c) conforming to approved trail logo or emblem requirements. Nothing in this Act may be construed to impose or permit the imposition of any landowner on the use of any non-Federal lands without the consent of the owner thereof. Neither the designation of a national discovery trail nor any plan relating thereto shall affect or be considered in the granting or denial of a right of way or any conditions relating thereto. . 3. Conforming amendments The National Trails System Act is amended— (1) in section 2(b) ( 16 U.S.C. 1241(b) scenic and historic scenic, historic, and discovery (2) in the section heading to section 5 ( 16 U.S.C. 1244 and national historic , national historic, and national discovery (3) in section 5(a) ( 16 U.S.C. 1244(a) (A) by striking and national historic , national historic, and national discovery (B) by striking and National Historic , National Historic, and National Discovery (4) in section 5(b) ( 16 U.S.C. 1244(b) or national historic , national historic, or national discovery (5) in section 5(b)(3) ( 16 U.S.C. 1244(b)(3) or national historic , national historic, or national discovery (6) in section 7(a)(2) ( 16 U.S.C. 1246(a)(2) and national historic , national historic, and national discovery (7) in section 7(b) ( 16 U.S.C. 1246(b) or national historic , national historic, or national discovery (8) in section 7(c) ( 16 U.S.C. 1246(c) (A) by striking scenic or national historic scenic, national historic, or national discovery (B) in the second proviso, by striking scenic, or national historic scenic, national historic, or national discovery (C) by striking , and national historic , national historic, and national discovery (9) in section 7(d) ( 16 U.S.C. 1246(d) or national historic national historic, or national discovery (10) in section 7(e) ( 16 U.S.C. 1246(e) or national historic , national historic, or national discovery (11) in section 7(f)(2) ( 16 U.S.C. 1246(f)(2) National Scenic or Historic Trail national scenic, historic, or discovery trail (12) in section 7(h)(1) ( 16 U.S.C. 1246(h)(1) or national historic national historic, or national discovery (13) in section 7(i) ( 16 U.S.C. 1246(i) or national historic national historic, or national discovery
National Discovery Trails Act of 2014
Multi-State Worker Tax Fairness Act of 2014 - Prohibits a state from imposing an income tax on the compensation of a nonresident individual for any period in which such individual is not physically present in or working in such state or from deeming such nonresident individual to be present in or working in such state on the grounds that: (1) such individual is present at or working at home for convenience, or (2) such individual's work at home fails any convenience of the employer test or any similar test.
To amend title 4 of the United States Code to limit the extent to which States may tax the compensation earned by nonresident telecommuters and other multi-State workers. 1. Short title This Act may be cited as the Multi-State Worker Tax Fairness Act of 2014 2. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general Chapter 4 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general In applying its income tax laws to the compensation of a nonresident individual, a State may deem such nonresident individual to be present in or working in such State for any period of time only if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such compensation with respect to any period of time when such nonresident individual is physically present in another State. (b) Determination of physical presence For purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that— (1) such nonresident individual is present at or working at home for convenience, or (2) such nonresident individual’s work at home or office at home fails any convenience of the employer test or any similar test. (c) Determination of periods of time with respect to which compensation is paid For purposes of determining the periods of time with respect to which compensation is paid, no State may deem a period of time during which a nonresident individual is physically present in another State and performing certain tasks in such other State to be— (1) time that is not normal work time unless such individual’s employer deems such period to be time that is not normal work time, (2) nonworking time unless such individual’s employer deems such period to be nonworking time, or (3) time with respect to which no compensation is paid unless such individual’s employer deems such period to be time with respect to which no compensation is paid. (d) Definitions As used in this section— (1) State The term State (2) Income tax The term income tax (3) Income tax laws The term income tax laws (4) Nonresident individual The term nonresident individual (5) Employee The term employee (6) Employer The term employer (7) Compensation The term compensation (e) No inference Nothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws, (2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income. . (b) Clerical amendment The table of sections of such chapter 4 is amended by adding at the end the following new item: 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.
Multi-State Worker Tax Fairness Act of 2014
Removing Barriers to Colorectal Cancer Screening Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to waive coinsurance for colorectal cancer screening tests (thus covering 100% of their cost under Medicare part B [Supplementary Medical Insurance Benefits for the Aged and Disabled]).
To amend title XVIII of the Social Security Act to waive coinsurance under Medicare for colorectal cancer screening tests, regardless of whether therapeutic intervention is required during the screening. 1. Short title This Act may be cited as the Removing Barriers to Colorectal Cancer Screening Act of 2014 2. Findings Congress finds the following: (1) Colorectal cancer is the third leading cause of cancer death among men and women in the United States, killing more non-smokers than any other cancer. (2) Every year, approximately 140,000 Americans are diagnosed with colorectal cancer and more than 50,000 Americans will die from it. (3) Approximately 60 percent of colorectal cancer cases and 70 percent of deaths occur in those aged 65 and older. (4) Colorectal cancer screening colonoscopy allows for the detection and removal of polyps, or abnormal growths, that could become cancerous, as well as for the early detection of colorectal cancer when treatment can be most effective. (5) Although colorectal cancer is largely preventable, one in three adults between the recommended screening ages of 50 and 75 are not up to date with colorectal cancer screening. (6) Dozens of organizations have committed to eliminating colorectal cancer as a major public health problem and are working toward the shared goal of reaching 80 percent screened for colorectal cancer by 2018. (7) Colorectal cancer screening colonoscopy is a highly effective preventive service, and removing financial barriers can help to increase screening rates. 3. Waiving Medicare coinsurance for colorectal cancer screening tests (a) In general Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting , including a colorectal cancer screening test (regardless of the code that is billed for the establishment of a diagnosis as a result of the test, or for the removal of tissue or other procedure that is furnished in connection with, as a result of, and in the same clinical encounter as the screening test), section 1861(ddd)(3) (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act.
Removing Barriers to Colorectal Cancer Screening Act of 2014
Supporting College Success Through Dual Enrollment Act - Directs the Secretary of Education to make matching grants to states to promote moderate- to low-income student participation in dual-enrollment programs. Defines a "dual enrollment program" as a program through which a secondary school student takes courses offered through an institution of higher education (IHE) while enrolled in secondary school for which the student earns both secondary and postsecondary school credit. Allots the grant funds to states based on each participating state's share of residents: (1) aged 5 through 17 who are living below the poverty line, and (2) aged 15 through 44 who are living below the poverty line. Requires grant applicants to assure the Secretary that every local educational agency (LEA) in the state will form a partnership with one or more two-year or four-year degree granting IHEs to coordinate dual enrollment programs under which the IHE: (1) is responsible for administering the dual enrollment program, with the LEA's cooperation; and (2) determines the curriculum, standards, and instructors to be used in the dual enrollment program. Requires states to use the grants to: cover the costs for moderate- to low-income secondary student participation in dual enrollment programs, provide counseling and support services for students and families regarding dual enrollment programs, create credit-bearing or noncredit-bearing courses to ensure that low-income and first generation college students have the skills to succeed in postsecondary education, encourage students and schools in small communities to participate in dual-enrollment programs, or engage in other activities that are approved by the Secretary and promote moderate- to low-income student participation in dual-enrollment programs. Requires states to focus such activities on dual enrollment programs offered through secondary schools that: are in high poverty areas, serve a large number or percentage of students from populations underrepresented in higher education, have a high dropout rate, have a low percentage of graduates who enter postsecondary education, are in an area of the state with low postsecondary education aspiration and attainment rates, or are small schools whose academic offerings are limited by scale. Directs the Secretary to ensure that a student's participation in dual enrollment programs has no negative effect on their eligibility for financial aid under the Higher Education Act of 1965.
To establish a grant program to enable States to promote participation in dual enrollment programs, and for other purposes. 1. Short title This Act may be cited as the Supporting College Success Through Dual Enrollment Act 2. Findings Congress finds the following: (1) The future strength of the democracy of the United States, as well as the Nation's economy, depends upon ensuring a highly educated population and a skilled workforce with the knowledge necessary to compete in a globalized economy. (2) The Bureau of Labor Statistics estimates that a majority of the fastest-growing and highest-paying occupations require some form of postsecondary education, be it a 2-year degree, a 4-year degree, or an industry-recognized credential. (3) According to research conducted by the Georgetown University Center on Education and the Workforce, 63 percent of all new job openings by 2018 will require at least some college education. (4) The cost of a college education is often the most significant obstacle that many students face in obtaining a college degree. Programs that help students accumulate college credit in high school can help reduce the overall cost of a college degree by as much as 12.5 percent, thus reducing the financial burden on students and taxpayers. Research has found that for every 1,000,000 students entering college with a semester’s worth of credit, overall college expenditures are reduced by $9,500,000,000. (5) Although more students begin college today than did 20 years ago, many are not graduating due to substantial challenges in negotiating the transition from high school to college. Fewer than 20 percent of students in grade 9 will graduate with a baccalaureate degree by the age of 24. (6) Research conducted by the Department of Education has found that postsecondary success is predicated on both rigorous academic preparation and a clear understanding of the expectations in college. The academic intensity of a student’s high school courses is a better predictor of whether a student will complete a bachelor’s degree than class rank, grade point average, or standardized admission test scores. (7) According to research conducted at the Teachers’ College at Columbia University, participation in dual enrollment programs is especially beneficial for students who are traditionally underrepresented in higher education, including low-income, first generation, and minority students. (8) Students participating in dual enrollment programs have better academic outcomes. Research conducted in Florida, New York, and California found that students in dual enrollment programs were, on average, more likely to graduate from high school, transition into a 4-year institution of higher education, persist in postsecondary education, and have a higher postsecondary grade point average, as demonstrated by the following: (A) Participants in New York City's dual enrollment program, College Now, were more likely than their peers to pursue a baccalaureate degree and had higher grade point averages than nonparticipants. Further, there was a positive correlation between participation in dual enrollment and completion of a baccalaureate degree. (B) Florida’s dual enrollment program participants were 4.3 percent more likely than their peers to earn a high school diploma and 7.7 percent more likely to enroll in a 4-year institution of higher education, and earned, on average, 15.1 more college credits than nonparticipants. (C) In Missouri, dual enrollment students had an 89 percent likelihood of returning for their second year of college, compared to 76 percent for students who entered college with no previous college credit. 3. Definitions In this Act: (1) Dual enrollment The term dual enrollment (A) takes courses offered through an institution of higher education while the student is enrolled in secondary school; and (B) earns both secondary school and postsecondary credit for the courses described in subparagraph (A). (2) Institution of higher education The term institution of higher education (3) Moderate- to low-income student The term moderate- to low-income student (4) Poverty line The term poverty line (5) Secondary school The term secondary school 20 U.S.C. 7801 et seq. (6) Secretary The term Secretary (7) State The term State 4. Grants authorized (a) Program authorized From amounts appropriated to carry out this Act, the Secretary shall make grants, from allotments under subsection (b), to States to enable the States to pay the Federal share of the costs of activities designed to promote participation in dual-enrollment programs by moderate- to low-income students. (b) Determination of allotment (1) Amount of allotment Subject to paragraph (2), the allotment provided under this subsection to each State that submits an approved application for a fiscal year shall be equal to the sum of— (A) the amount that bears the same relation to 50 percent of the amount appropriated under section 8 for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line bears to the total number of such residents in all States that submitted approved applications; and (B) the amount that bears the same relation to 50 percent of the amount appropriated under section 8 for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line bears to the total number of such residents in all States that submitted approved applications. (2) Minimum amount The allotment for each State under this section for a fiscal year shall not be an amount that is less than 0.5 percent of the total amount appropriated under section 8 for such fiscal year. (c) Federal share The Federal share of the cost of the activities funded under this Act shall not exceed 80 percent. The non-Federal share of the cost of such activities may be provided in cash or in kind, fairly evaluated, including services. (d) Supplement, not supplant Funds received by a State under a grant under this Act shall be used to supplement, and not supplant, non-Federal funds expended for dual enrollment programs. 5. Application and approval (a) Application A State desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall— (1) describe the State's proposed program to support dual enrollment programs, which shall include— (A) aligning the kindergarten through grade 12, higher education, and career and technical education systems of the State to support dual enrollment programs; (B) requiring each local educational agency in the State, or each public institution of higher education that is partnering with a local educational agency pursuant to paragraph (2), to provide a counselor, advisor, or advisor working in conjunction with a school counselor, who specializes in dual enrollment, to provide high-quality advice to secondary school students and their parents on the dual enrollment program options, course selection, and other related issues; (C) ensuring that every public secondary school, including every public charter school, in the State offers a high-quality dual enrollment program, and that all secondary school students are informed about, or engaged in, the dual enrollment program by grade 10 or an earlier grade; (D) directly addressing participation in dual enrollment programs among low-income students; (E) developing a plan to ensure that pathways are available, and barriers are removed, in order to allow secondary school students participating in dual enrollment programs to matriculate to institutions of higher education, and attain a degree or appropriate certification; (F) developing a system of accountability; and (G) addressing the problems that students and schools in small communities face with respect to dual enrollment programs, including the difficulties in providing such students with the opportunity to participate at campuses of institutions of higher education; (2) include an assurance that every local educational agency in the State will form a partnership with 1 or more 2-year or 4-year degree-granting institutions of higher education to coordinate dual enrollment programs, under which the institution of higher education— (A) has the responsibility to administer the dual enrollment program, with the cooperation of the local educational agency; and (B) determines the curriculum, standards, and instructors to be used in the dual enrollment program; (3) include an assurance that the State will align State policy to ensure, to the maximum extent practicable, credits earned through a dual enrollment program are recognized throughout the system of public higher education of the State and count as credits earned for both secondary school graduation and graduation from a public institution of higher education; (4) include an assurance that the State will establish a policy to encourage matriculation and credit agreements among local educational agencies and institutions of higher education to encourage low-income students to attain a baccalaureate degree; (5) include an assurance that the State will establish a policy to encourage access to dual enrollment courses for as many students as possible and to prevent student disqualification for participation as much as possible, with eligibility requirements that— (A) are based on quantifiable, valid, and reliable measures of a student’s ability to succeed in a postsecondary education course; (B) use a consistent standard of readiness for postsecondary education for all secondary schools and public institutions of higher education in the State; and (C) are consistent with the eligibility standards established by the partner institution of higher education of the dual enrollment program; (6) include an assurance that the State will establish policies that— (A) maximize, to the extent practicable, the number of dual enrollment program students who take courses on the campuses of institutions of higher education, in classrooms with postsecondary education students, and with professors of the institutions of higher education; (B) in any case where providing courses of the dual enrollment program on a campus of an institution of higher education is not practicable, ensure that each course of the dual enrollment program that is taught in secondary schools— (i) is developed by the institution of higher education partner; (ii) is fully comparable with the courses offered at the campus of the institution of higher education; (iii) is augmented with campus experiences when reasonably achievable; and (iv) is taught by an instructor from the partner institution of higher education, where practicable, or, if not practicable, by an instructor who is selected, supervised, and evaluated by the institution of higher education; and (C) provide that all instructors of dual enrollment program classes are assessed by the partner institution of higher education in the same way that such institutions assess their own faculty; (7) describe how the State will incorporate dual enrollment program opportunities with programs and services provided under subpart 2 of part A of title IV of the Higher Education Act of 1965 (1070a–21 et seq.); (8) include an assurance that the State educational agency and the State system of public institutions of higher education will develop a plan to increase enrollment in postsecondary education among moderate- or low-income students and populations underrepresented in higher education, including underrepresented minorities, throughout the State; (9) describe how the State will align the State's career and technical education policy with dual enrollment programs, which may include— (A) establishing flexible pathways, which are career sequences that begin in secondary school and continue in postsecondary education; and (B) establishing State policies that— (i) broaden access to career and technical education and that provide needed supports to students participating in career and technical education; and (ii) support inclusion of work-based learning in flexible pathways, as described in subparagraph (A); (10) demonstrate that the State has enacted funding models that ensure that local educational agencies and institutions of higher education who participate in dual enrollment programs do not lose per-pupil funding for dually enrolled students; and (11) include an assurance that a student's participation in a dual enrollment program shall not negatively impact the student's eligibility for State financial assistance for postsecondary education. (b) Approval The Secretary shall approve any application for a State program that includes the components described in subsection (a). 6. Use of funds (a) In general (1) In general A State receiving a grant under this Act shall use grant funds to carry out any of the following activities: (A) Paying for tuition for moderate- to low-income students to take postsecondary-level courses while enrolled in secondary school through a dual enrollment program. (B) Textbooks, fees, and other expenses associated with a student's attendance of a course offered through a dual enrollment program. (C) Counseling and support services for students and families regarding dual enrollment programs, including services that will improve the postsecondary education enrollment and program completion rates of students in dual enrollment programs or reduce the postsecondary education costs for such students. (D) Creation of a credit-bearing, or noncredit-bearing, course to ensure that low-income and first generation college students— (i) are prepared for postsecondary education studies to be offered through a dual enrollment program; and (ii) have the requisite academic and nonacademic skills and resources necessary to succeed, understand expectations, help navigate the postsecondary education environment, and be able to advocate for themselves. (E) Options to encourage participation in dual enrollment programs by students and schools from small communities. (F) Other activities that support the purposes of this Act, as proposed and approved by the Secretary in the application. (2) Transportation costs A State receiving a grant under this Act that has additional grant funds available after carrying out activities described in paragraph (1), may use such funds to pay for the costs of providing transportation for students in rural areas to participate in dual enrollment programs. (b) Focus areas A State receiving a grant under this Act shall focus the activities supported under this section on dual enrollment programs offered through secondary schools in the State that— (1) are located in an area of high poverty; (2) serve a large number or percentage of students from populations underrepresented in higher education; (3) have a high secondary school dropout rate; (4) have a low percentage of graduates who enter postsecondary education; (5) are in a county or region of the State with low postsecondary education aspiration and attainment rates; or (6) are small schools whose academic offerings are limited by scale. 7. Student financial aid eligibility The Secretary shall ensure that— (1) a student's participation in a dual enrollment program does not negatively impact the student's eligibility for financial assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (2) for purposes of part C of title I, title IV, and any other provision, of such Act— (A) students participating in a dual enrollment program are not classified as first-time, full-time students of the partner institution of higher education of the program during the student's participation; and (B) in the case of a student who attends a dual enrollment program and then matriculates to an institution of higher education, the student's first year at such institution shall be considered to be the student's first year of a program of undergraduate education, regardless of the number of postsecondary credits that the student has previously earned through the dual enrollment program. 8. Authorization of appropriations There are authorized to be appropriated to carry out this Act $150,000,000 for fiscal year 2015 and each succeeding fiscal year.
Supporting College Success Through Dual Enrollment Act
Notice for Organizations That Include Charities is Essential (NOTICE) Act - Amends the Internal Revenue Code to require the Secretary of the Treasury to notify any tax-exempt organization, not later than 300 days after such an organization fails to file its annual tax return or other required information for two consecutive years, that: (1) the Internal Revenue Service (IRS) has no record of its return or information for two consecutive years, and (2) a penalty will occur if the organization fails to file its return or information by the next filing deadline. Allows the reinstatement of the tax-exempt status of such an organization without the requirement of an application if: (1) the organization demonstrates to the satisfaction of the Secretary that it did not receive the notice required by this Act, and (2) it files an annual return or required information for the current year.
To amend the Internal Revenue Code of 1986 to provide notice to charities and other nonprofit organizations before their tax-exempt status is automatically revoked. 1. Short title This Act may be cited as the Notice for Organizations That Include Charities is Essential (NOTICE) Act 2. Notice required before revocation of tax-exempt status for failure to file return (a) In general Section 6033(j) (2) Requirement of notice (A) In general Not later than 300 days after the date an organization described in paragraph (1) fails to file the annual return or notice referenced in paragraph (1) for 2 consecutive years, the Secretary shall notify the organization— (i) that the Internal Revenue Service has no record of such a return or notice from such organization for 2 consecutive years, and (ii) about the penalty that will occur under this subsection if the organization fails to file such a return or notice by the date of the next filing deadline. The notification under the preceding sentence shall include information about how to comply with the filing requirements under subsections (a)(1) and (i). . (b) Reinstatement without application Paragraph (3) of section 6033(j) of such Code, as redesignated under subsection (a), is amended— (1) by striking Any organization (A) In general Except as provided in subparagraph (B), any organization , and (2) by adding at the end the following new subparagraph: (B) Retroactive reinstatement without application if actual notice not provided If an organization described in paragraph (1)— (i) demonstrates to the satisfaction of the Secretary that the organization did not receive the notice required under paragraph (2), and (ii) files an annual return or notice referenced in paragraph (1) for the current year, then the Secretary may reinstate the organization’s exempt status effective from the date of the revocation under paragraph (1) without the need for an application. . (c) Effective date The amendments made by this section shall apply to notices and returns required to be filed after December 31, 2014.
Notice for Organizations That Include Charities is Essential (NOTICE) Act
DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 - (Sec. 2) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish, as positions in the excepted service, such positions in the Department of Homeland Security (DHS) as necessary to carry out certain responsibilities relating to cybersecurity. Provides for positions formerly designated as senior level and senior executive service positions to be included in such service. Requires the Secretary, every year for a specified period, to submit to Congress a report regarding: (1) the application process for such positions, including the manner of adhering to veterans' preferences; (2) the Secretary's plans to fulfill the critical need of DHS to recruit and retain employees in cybersecurity positions; (3) the manner in which such plans are integrated into the DHS's strategic workforce planning; (4) the number of hirings, separations, and retirements during the reporting period; and (5) the training provided to supervisors of such cybersecurity employees on the use of the new authorities. Sets forth authority for the Secretary to make appointments, fix pay rates, and provide incentives and allowances for such positions. (Sec. 3) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions. Directs the Secretary to assign: (1) data element codes for such positions, as set forth in the Office of Personnel Management's (OPM) Guide to Data Standards, which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; and (2) employment codes to employees and open positions within DHS with cybersecurity functions. Directs the Secretary, on an annual basis through 2021, to submit a report to the OPM Director substantiating categories and specialty areas designated as critical needs in DHS's cybersecurity workforce. Requires the Director to provide the Secretary with guidance identifying acute and emerging skill shortages. Directs the Comptroller General (GAO) to monitor, and report within three years regarding, the implementation of such determinations and assignments.
To improve cybersecurity recruitment and retention. 1. Short title This Act may be cited as the DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 2. Cybersecurity recruitment and retention (a) In general At the end of subtitle C of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 141 et seq. 226. Cybersecurity recruitment and retention (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (2) Collective bargaining agreement The term collective bargaining agreement section 7103(a)(8) (3) Excepted service The term excepted service section 2103 (4) Preference eligible The term preference eligible section 2108 (5) Qualified position The term qualified position (6) Senior executive service The term Senior Executive Service section 2101a (b) General authority (1) Establish positions, appoint personnel, and fix rates of pay (A) General authority The Secretary may— (i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as— (I) senior level positions designated under section 5376 (II) positions in the Senior Executive Service; (ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and (iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position. (B) Construction with other laws The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. (2) Basic pay (A) Authority to fix rates of basic pay In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation. (B) Prevailing rate systems The Secretary may, consistent with section 5341 (3) Additional compensation, incentives, and allowances (A) Additional compensation based on title 5 authorities The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5, United States Code. (B) Allowances in nonforeign areas An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 (4) Plan for execution of authorities Not later than 120 days after the date of enactment of this section, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection. (5) Collective bargaining agreements Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession. (6) Required regulations The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. (c) Annual report Not later than 1 year after the date of enactment of this section, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that— (1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by an individual for a qualified position; (2) describes— (A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions; (B) the measures that will be used to measure progress; and (C) any actions taken during the reporting period to fulfill such critical need; (3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department; (4) provides metrics on actions occurring during the reporting period, including— (A) the number of employees in qualified positions hired by occupation and grade and level or pay band; (B) the placement of employees in qualified positions by directorate and office within the Department; (C) the total number of veterans hired; (D) the number of separations of employees in qualified positions by occupation and grade and level or pay band; (E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and (F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and (5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities. (d) Three-Year Probationary Period The probationary period for all employees hired under the authority established in this section shall be 3 years. (e) Incumbents of existing competitive service positions (1) In general An individual serving in a position on the date of enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion. (2) Subsequent conversion After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service. . (b) Conforming amendment Section 3132(a)(2) (1) in clause (i), by striking or (2) in clause (ii), by inserting or (3) by inserting after clause (ii) the following: (iii) any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226 of the Homeland Security Act of 2002; . (c) Table of contents amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. Sec. 226. Cybersecurity recruitment and retention. .
DHS Cybersecurity Workforce Recruitment and Retention Act of 2014
Don't Tax Our Fallen Public Safety Heroes Act - Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, federal public safety officer death benefits or amounts paid under a state program to surviving dependents of a public safety officer who died as the direct and proximate result of a personal injury sustained in the line of duty.
To amend the Internal Revenue Code of 1986 to exclude certain compensation received by public safety officers and their dependents from gross income. 1. Short title This Act may be cited as the Don't Tax Our Fallen Public Safety Heroes Act 2. Exclusion of certain compensation received by public safety officers and their dependents Subsection (a) of section 104 and ; and (6) amounts received pursuant to— (A) section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796 (B) a program established under the laws of any State which provides monetary compensation for surviving dependents of a public safety officer who has died as the direct and proximate result of a personal injury sustained in the line of duty, except that subparagraph (B) shall not apply to any amounts that would have been payable if the death of the public safety officer had occurred other than as the direct and proximate result of a personal injury sustained in the line of duty. . April 14, 2015 Read twice and placed on the calendar
Don't Tax Our Fallen Public Safety Heroes Act
Mojave National Preserve Boundary Adjustment Act of 2014 - Transfers administrative jurisdiction of 525 acres of land from the National Park Service to the Bureau of Land Management (BLM) for a rail project. Directs the Secretary of the Interior to acquire by donation approximately four acres of land within or adjacent to the Mojave National Preserve in California to be used for mitigation for every one acre of land removed from the Preserve. Requires the acquired land to become part of the Preserve. Authorizes the Secretary to permit cattle grazing on the acquired land in accordance with applicable National Park Service laws and policies. Provides for the transferred land to remain withdrawn from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the general mining laws; and (3) the mining leases, mineral materials, and geothermal leasing laws.
To adjust the boundary of the Mojave National Preserve. 1. Short title This Act may be cited as the Mojave National Preserve Boundary Adjustment Act of 2014 2. Definitions In this Act: (1) Director The term Director (2) Preserve The term preserve 16 U.S.C. 410aaa–42 (3) Secretary The term Secretary 3. Boundary adjustment of the Mojave National Preserve (a) Land acquisition The Secretary shall— (1) prior to any construction on land described in paragraph (2), acquire by donation approximately 4 acres of land within or adjacent to the boundary of the preserve to be used for mitigation for every 1 acre of land removed from the preserve under paragraph (2); and (2) on the date of enactment of this Act, transfer administrative jurisdiction of approximately 525 acres of land from the Director to the Director of the Bureau of Land Management, as generally depicted on the map entitled Mojave National Preserve—Proposed Boundary Adjustment (b) Boundary adjustment The land acquired under subsection (a) shall be part of the preserve and the boundary of the preserve shall be adjusted to reflect the acquisition and transfer of administrative jurisdiction of the land under subsection (a). (c) Availability of map The map described in subsection (a)(2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Administration of land (1) In general The land acquired under subsection (a) shall be administered by the Director as part of the preserve in accordance with all applicable laws (including regulations). (2) Grazing (A) In general The Secretary shall permit cattle grazing on the land acquired under subsection (a), in accordance with applicable National Park Service laws and policies— (i) except as provided in subparagraph (B), during the period beginning on the date on which the land is acquired and ending on the date that is 25 years after the date on which the land is acquired; and (ii) to the same extent permitted on the land referred to in subsection (a)(1) on the day before the date of enactment of this Act. (B) Permanent termination of grazing The authority of the Secretary granted under subparagraph (A) terminates on the day on which the period described in clause (i) of that subparagraph expires. (3) Withdrawal Subject to valid existing rights, the land transferred under subsection (a)(2) remains withdrawn from— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the general mining laws; and (C) the mining leases, mineral materials, and geothermal leasing laws. (4) Reversionary clause The land transferred under subsection (a)(2) may, at the discretion of the Director, revert back to the National Park Service to be included in the preserve if construction has not occurred on the land during the period beginning on the date on which the land is transferred and ending on the date that is 10 years after the date on which the land is transferred.
Mojave National Preserve Boundary Adjustment Act of 2014
Department of Defense Suicide Tracking Act of 2014 - Requires the Secretary of Defense (DOD) to submit to Congress a policy for the development of a standard method for collecting, reporting, and assessing suicide data and suicide-attempt data involving members of the Armed Forces, including reserve components, and their dependents.
To provide for improvements in the consistency of data collection, reporting, and assessment in connection with the suicide prevention efforts of the Department of Defense. 1. Short title This Act may be cited as the Department of Defense Suicide Tracking Act of 2014 2. Improvement of consistency in collection, reporting, and assessment of data in Department of Defense suicide prevention efforts (a) Policy for standard suicide data collection, reporting, and assessment The Secretary of Defense shall prescribe a policy for the development of a standard method for collecting, reporting, and assessing suicide data and suicide-attempt data involving members of the Armed Forces, including reserve components thereof, and their dependents in order to improve the consistency and comprehensiveness of— (1) the suicide prevention policy developed pursuant to section 582 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) the suicide prevention and resilience program for the National Guard and Reserves established pursuant to section 10219 (b) Submittal of policy and congressional briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the policy developed under subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives. At the request of the committees, the Secretary also shall brief the committees on the policy and the implementation status of a standardized suicide data collection, reporting, and assessment method pursuant to the policy. (c) Consultation and implementation In the case of the suicide prevention and resilience program for the National Guard and Reserves referred to in subsection (a)(2)— (1) the Secretary shall develop the policy required by subsection (a) in consultation with the Chief of the National Guard Bureau; and (2) the adjutants general of the States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands shall implement the policy within 180 days after the date of the submittal of the policy under subsection (b). (d) Dependent defined In this section, the term dependent
Department of Defense Suicide Tracking Act of 2014
Craig Thomas Rural Hospital and Provider Equity Act of 2014 - Expresses the sense of the Senate that residents of rural and frontier communities should have access to affordable, quality health care. Amends title XVIII (Medicare) of the Social Security Act with respect to: the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals; extension of the temporary increase in payments to certain rural hospitals (Medicare hold harmless provision); the Medicare inpatient hospital payment adjustment for low-volume hospitals; Medicare wage index reclassifications for certain hospitals; Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospitals in certain rural areas; elimination of the isolation test for the cost-based ambulance reimbursement for critical access hospitals; the capital infrastructure revolving loan program; the Medicare incentive payment program for physician scarcity areas; extension of the 1.00 floor on Medicare work geographic adjustment to payments for physician services; permission for physician assistants to order post-hospital extended care services or hospice care; Medicare home health care planning; rural health clinics; a temporary Medicare payment increase for home health services furnished in a rural area; extension of increased Medicare payments for rural ground ambulance services; and coverage of marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance). Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to provide for the extension of the payment for the technical component of certain physician pathology services under Medicare. Directs the Secretary of Health and Human Services (HHS) to encourage and facilitate the adoption of provisions allowing for multistate practitioner practice across state lines. Amends title XVIII (Medicare) of the Social Security Act to extend Medicare part A (Hospital Insurance) coverage and payment, on a reasonable cost basis, to anesthesia services furnished by a physician anesthesiologist in certain rural hospitals in the same manner as payment is made for anesthesia services furnished by a certified registered nurse anesthetist (CRNA) in such hospitals. Establishes the floor at 1.00 on the practice expense geographic index for services furnished during a specified period in certain rural areas outside of frontier states under the Medicare physician fee schedule. Revises the standard for designation of sole community hospitals. Amends the Omnibus Budget Reconciliation Act of 1986, as amended by the Omnibus Budget Reconciliation Act of 1989, to include standby and on-call time costs for CRNAs in determination of the reasonable costs incurred by a hospital or critical access hospital for CRNA services. Amends the Public Health Service Act to extend the authorization of appropriations for grants to states for operation of offices of rural health. Repeals the Medicare 96-hour physician certification requirement for inpatient critical access hospital services. Directs the Secretary to continue to apply through 2014 a certain enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals.
To amend title XVIII of the Social Security Act to protect and preserve access of Medicare beneficiaries in rural areas to health care providers under the Medicare program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Craig Thomas Rural Hospital and Provider Equity Act of 2014 (b) Table of Contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of the Senate. Sec. 3. Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals. Sec. 4. Extension and expansion of the Medicare hold harmless provision under the prospective payment system for hospital outpatient department (HOPD) services for certain hospitals. Sec. 5. Temporary improvements to the Medicare inpatient hospital payment adjustment for low-volume hospitals. Sec. 6. Extension of Medicare wage index reclassifications for certain hospitals. Sec. 7. Extension of Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas. Sec. 8. Elimination of isolation test for cost-based ambulance reimbursement for critical access hospitals. Sec. 9. Capital infrastructure revolving loan program. Sec. 10. Extension of Medicare incentive payment program for physician scarcity areas. Sec. 11. Extension of floor on Medicare work geographic adjustment. Sec. 12. Recognition of attending physician assistants as attending physicians to serve hospice patients. Sec. 13. Improving care planning for Medicare home health services. Sec. 14. Rural health clinic improvements. Sec. 15. Temporary Medicare payment increase for home health services furnished in a rural area. Sec. 16. Extension of increased Medicare payments for rural ground ambulance services. Sec. 17. Coverage of marriage and family therapist services and mental health counselor services under Part B Sec. 18. Extension of payment for technical component of certain physician pathology services. Sec. 19. Facilitating the provision of telehealth services across State lines. Sec. 20. Medicare Part A payment for anesthesiologist services in certain rural hospitals based on CRNA pass-through rules. Sec. 21. Temporary floor on the practice expense geographic index for services furnished in rural areas outside of frontier States under the Medicare physician fee schedule. Sec. 22. Revisions to standard for designation of sole community hospitals. Sec. 23. Medicare treatment of standby and on-call time for CRNA services. Sec. 24. State offices of rural health. Sec. 25. Removing Medicare 96-hour physician certification requirement for inpatient critical access hospital services. Sec. 26. Extension of enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2014. 2. Sense of the Senate It is the sense of the Senate that— (1) residents of rural and frontier communities should have access to affordable, quality health care; (2) rural and frontier communities face unique challenges in health care delivery and financing; (3) Federal health policy must reflect the unique needs of residents of rural and frontier communities and such communities in an equitable and sustainable manner; and (4) stakeholders should work collectively to identify innovative policies that address the availability, delivery, and affordability of health care services in rural and frontier communities. 3. Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals Section 1886(d)(5)(F)(xiv)(II) of the Social Security Act 42 U.S.C. 1395ww(d)(5)(F)(xiv)(II) The preceding sentence shall not apply to any hospital with respect to discharges occurring on or after October 1, 2014, and before October 1, 2015. 4. Extension and expansion of the Medicare hold harmless provision under the prospective payment system for hospital outpatient department (HOPD) services for certain hospitals Section 1833(t)(7)(D)(i) of the Social Security Act ( 42 U.S.C. 1395l(t)(7)(D)(i) (1) in subclause (II)— (A) in the first sentence, by inserting and for such services furnished on or after April 1, 2014, and before April 1, 2015, covered OPD services furnished on or after January 1, 2006, and before January 1, 2013, (B) in the second sentence— (i) by striking and 85 85 (ii) by inserting the following before the period at the end: , and 100 percent with respect to such services furnished after April 1, 2014, and before April 1, 2015 (2) in subclause (III)— (A) in the first sentence— (i) by inserting and for such services furnished on or after April 1, 2014, and before April 1, 2015, covered OPD services furnished on or after January 1, 2009, and before January 1, 2013, (ii) by striking 85 percent the applicable percentage (as determined under the second sentence of subclause (II) for the year) (B) in the second sentence, by inserting and in the case of such services furnished on or after April 1, 2014, and before April 1, 2015, covered OPD services furnished on or after January 1, 2010, and before March 1, 2012, 5. Temporary improvements to the Medicare inpatient hospital payment adjustment for low-volume hospitals Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) (1) in subparagraph (C)(i), by striking fiscal years 2011 through 2014 and fiscal year 2015 (before April 1, 2015), 1,600 discharges of individuals entitled to, or enrolled for, benefits under part A fiscal years 2011 through 2013 and fiscal year 2014 (before April 1, 2014), 1,600 discharges of individuals entitled to, or enrolled for, benefits under part A, or, with respect to fiscal year 2014 (after April 1, 2014), fiscal year 2015, and fiscal year 2016 (before January 1, 2016), 2,000 discharges of such individuals (2) in subparagraph (D)— (A) by striking 1,600 the applicable number of (B) by adding at the end the following new sentence: For purposes of the preceding sentence, the term applicable number of discharges 6. Extension of Medicare wage index reclassifications for certain hospitals (a) Extension of correction of mid-Year reclassification expiration for certain hospitals (1) In general In the case of a hospital described in paragraph (2), the Secretary of Health and Human Services shall apply subsection (a) of section 106 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395ww note), as amended by section 117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 ( Public Law 110–173 Public Law 110–275 Public Law 111–148 Public Law 111–309 April 1, 2015 March 31, 2012 (2) Hospital described A hospital described in this paragraph is— (A) a hospital— (i) that is described in subsection (a) of such section 106; and (ii) (I) that is located in a rural area; and (II) for which the Secretary of Health and Human Services has determined the extension under this subsection to be appropriate; or (B) a sole community hospital located in a State with less than 10 people per square mile that was provided with a special exception reclassification extension under section 117(a)(2) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173). (b) Not budget neutral The provisions of this section shall not be effected in a budget-neutral manner. 7. Extension of Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas Section 416(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 42 U.S.C. 1395l–4 42 U.S.C. 1395l 42 U.S.C. 1395l Public Law 111–148 Public Law 111–309 , the portion of fiscal year 2014 after April 1, 2014, or the portion of fiscal year 2015 before April 1, 2015 the 2-year period beginning on July 1, 2010 8. Elimination of isolation test for cost-based ambulance reimbursement for critical access hospitals (a) In general Section 1834(l)(8) of the Social Security Act 42 U.S.C. 1395m(l)(8) (1) in subparagraph (B)— (A) by striking owned and (B) by inserting (including when such services are provided by the entity under an arrangement with the hospital) hospital (2) by striking the comma at the end of subparagraph (B) and all that follows and inserting a period. (b) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2015. 9. Capital infrastructure revolving loan program (a) In General Part A of title XVI of the Public Health Service Act 1603. Capital infrastructure revolving loan program (a) Authority To Make and Guarantee Loans (1) Authority to make loans The Secretary may make loans from the fund established under section 1602(d) to any rural entity for projects for capital improvements, including— (A) the acquisition of land necessary for the capital improvements; (B) the renovation or modernization of any building; (C) the acquisition or repair of fixed or major movable equipment; and (D) such other project expenses as the Secretary determines appropriate. (2) Authority to guarantee loans (A) In general The Secretary may guarantee the payment of principal and interest for loans made to rural entities for projects for any capital improvement described in paragraph (1) to any non-Federal lender. (B) Interest subsidies In the case of a guarantee of any loan made to a rural entity under subparagraph (A), the Secretary may pay to the holder of such loan, for and on behalf of the project for which the loan was made, amounts sufficient to reduce (by not more than 3 percent) the net effective interest rate otherwise payable on such loan. (b) Amount of Loan The principal amount of a loan directly made or guaranteed under subsection (a) for a project for capital improvement may not exceed $5,000,000. (c) Funding Limitations (1) Government credit subsidy exposure The total of the Government credit subsidy exposure under the Credit Reform Act of 1990 scoring protocol with respect to the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, under subsection (a) may not exceed $50,000,000 per year. (2) Total amounts Subject to paragraph (1), the total of the principal amount of all loans directly made or guaranteed under subsection (a) may not exceed $250,000,000 per year. (d) Capital Assessment and Planning Grants (1) Nonrepayable grants Subject to paragraph (2), the Secretary may make a grant to a rural entity, in an amount not to exceed $50,000, for purposes of capital assessment and business planning. (2) Limitation The cumulative total of grants awarded under this subsection may not exceed $2,500,000 per year. (e) Termination of Authority The Secretary may not directly make or guarantee any loan under subsection (a) or make a grant under subsection (d) after January 1, 2015. . (b) Rural Entity Defined Section 1624 of the Public Health Service Act 42 U.S.C. 300s–3 (15) (A) The term rural entity (i) a rural health clinic, as defined in section 1861(aa)(2) of the Social Security Act (ii) any medical facility with at least 1 bed, but with less than 50 beds, that is located in— (I) a county that is not part of a metropolitan statistical area; or (II) a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)); (iii) a hospital that is classified as a rural, regional, or national referral center under section 1886(d)(5)(C) of the Social Security Act (iv) a hospital that is a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of the Social Security Act (B) For purposes of subparagraph (A), the fact that a clinic, facility, or hospital has been geographically reclassified under the Medicare program under title XVIII of the Social Security Act . (c) Conforming Amendments Section 1602 of the Public Health Service Act 42 U.S.C. 300q–2 (1) in subsection (b)(2)(D), by inserting or 1603(a)(2)(B) 1601(a)(2)(B) (2) in subsection (d)— (A) in paragraph (1)(C), by striking section 1601(a)(2)(B) sections 1601(a)(2)(B) and 1603(a)(2)(B) (B) in paragraph (2)(A), by inserting or 1603(a)(2)(B) 1601(a)(2)(B) 10. Extension of Medicare incentive payment program for physician scarcity areas Section 1833(u)(1) of the Social Security Act ( 42 U.S.C. 1395l(u)(1) , and such services furnished on or after April 1, 2014, and before April 1, 2015 2008 11. Extension of floor on Medicare work geographic adjustment Section 1848(e)(1)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1)(E) April 1, 2015 January 1, 2016 12. Recognition of attending physician assistants as attending physicians to serve hospice patients (a) In General Section 1861(dd)(3)(B) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended— (1) by striking or nurse practitioner , the nurse practitioner (2) by inserting , or the physician assistant (as defined in such subsection) subsection (aa)(5)) (b) Permitting physician assistants when delegated by a physician To order hospice care Section 1814(a)(7)(A) of such Act (42 U.S.C. 1395f(a)(7)(A)) is amended— (1) in clause (i)(I), by striking does not include a nurse practitioner only includes a physician assistant if a physician has delegated the authority to make the certification required under this paragraph to such physician assistant (2) by amending clause (ii) to read as follows: (ii) in a subsequent 90- or 60-day period— (I) the medical director or physician described in clause (i)(II); (II) a physician employed by the hospice program providing (or arranging for) the care or providing care to the individual under arrangement with such hospice program; (III) a nurse practitioner employed by such hospice program or providing care to the individual under arrangement with such hospice program; or (IV) a physician assistant employed by such hospice program or providing care to the individual under arrangement with such hospice program, provided that an individual described in subclause (I) or (II) has delegated the authority to make the recertification required under this clause to such physician assistant, recertifies at the beginning of the period that the individual is terminally ill based on such clinical judgment; . (c) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2015. 13. Improving care planning for Medicare home health services (a) Part A provisions Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (C)— (i) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) by striking , and, in the case of a certification made by a physician face-to-face encounter , and, in the case of a certification made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2015, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the flush matter following paragraph (8)— (A) in the first sentence, by inserting certified nurse-midwife, clinical nurse specialist, (B) in the second sentence— (i) by striking physician certification certification (ii) by inserting (or on January 1, 2015, in the case of regulations to implement the amendments made by section 13 of the Craig Thomas Rural Hospital and Provider Equity Act of 2014 1981 (iii) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (C) in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (b) Part B provisions Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (A)— (i) in each of clauses (ii) and (iii) of subparagraph (A) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) in clause (iv), by striking after January 1, 2010 face-to-face encounter made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2015, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) physician (3) in the fourth sentence— (A) by striking physician certification certification (B) by inserting (or on January 1, 2015, in the case of regulations to implement the amendments made by section 13 of the Craig Thomas Rural Hospital and Provider Equity Act of 2014 1981 (C) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (4) in the fifth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (c) Definition provisions (1) Home health services Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) (A) in the matter preceding paragraph (1)— (i) by inserting , a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5)) physician (ii) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (B) in paragraph (3), by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (2) Home health agency Section 1861(o)(2) of the Social Security Act ( 42 U.S.C. 1395x(o)(2) (A) by inserting , nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5)) physicians (B) by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant, physician (d) Home health prospective payment system provisions Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended— (1) in subsection (c)(1), by inserting , the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)), physician (2) in subsection (e)— (A) in paragraph (1)(A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5)) physician (B) in paragraph (2)— (i) in the heading, by striking Physician certification Rule of construction regarding requirement for certification (ii) by striking physician (e) Effective Date The amendments made by this section shall apply to items and services furnished on or after January 1, 2015. 14. Rural health clinic improvements Section 1833(f) of the Social Security Act (1) in paragraph (1), by striking , and (2) in paragraph (2)— (A) by inserting (before 2015) in a subsequent year (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (3) in 2015, at $101 per visit; and (4) for years following 2015, at the limit established under this subsection for the previous year increased by the percentage increase in the MEI (as so defined) applicable to primary care services (as so defined) furnished as of the first day of that year. . 15. Temporary Medicare payment increase for home health services furnished in a rural area Section 421(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2283), as amended by section 5201(b) of the Deficit Reduction Act of 2005 ( Public Law 109–171 Public Law 111–148 January 1, 2016, 3 percent April 1, 2014, and episodes and visits ending on or after April 1, 2015, and before January 1, 2016, 3 percent 16. Extension of increased Medicare payments for rural ground ambulance services (a) In general Section 1834(l)(13)(A)(i) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)(i)) is amended by striking before April 1, 2015 before April 1, 2014, or 5 percent if such service is furnished on or after April 1, 2014, and before January 1, 2016 (b) Super rural ambulance Section 1834(l)(12)(A) of the Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended by striking April 1, 2015 January 1, 2016 17. Coverage of marriage and family therapist services and mental health counselor services under Part B (a) Coverage of Services (1) In general Section 1861(s)(2) of the Social Security Act 42 U.S.C. 1395x(s)(2) (A) in subparagraph (EE), by striking and (B) in subparagraph (FF), by inserting and (C) by adding at the end the following new subparagraph: (GG) marriage and family therapist services (as defined in subsection (iii)(1)) and mental health counselor services (as defined in subsection (iii)(3)); . (2) Definitions Section 1861 of the Social Security Act (iii) Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor (1) The term marriage and family therapist services (2) The term marriage and family therapist (A) possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; (B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and (C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. (3) The term mental health counselor services (4) The term mental health counselor (A) possesses a master’s or doctor’s degree in mental health counseling or a related field; (B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and (C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State. . (3) Provision for payment under part B Section 1832(a)(2)(B) of the Social Security Act (v) marriage and family therapist services (as defined in section 1861(iii)(1)) and mental health counselor services (as defined in section 1861(iii)(3)); . (4) Amount of payment Section 1833(a)(1) of the Social Security Act 42 U.S.C. 1395l(a)(1) (A) by striking and (Z) (Z) (B) by inserting before the semicolon at the end the following: , and (AA) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L) (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act 42 U.S.C. 1395yy(e)(2)(A)(ii) marriage and family therapist services (as defined in section 1861(iii)(1)), mental health counselor services (as defined in section 1861(iii)(3)), qualified psychologist services, (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims Section 1842(b)(18)(C) of the Social Security Act (vii) A marriage and family therapist (as defined in section 1861(iii)(2)). (viii) A mental health counselor (as defined in section 1861(iii)(4)). . (b) Coverage of Certain Mental Health Services Provided in Certain Settings (1) Rural health clinics and federally qualified health centers Section 1861(aa)(1)(B) of the Social Security Act 42 U.S.C. 1395x(aa)(1)(B) or by a clinical social worker (as defined in subsection (hh)(1)) , by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (iii)(2)), or by a mental health counselor (as defined in subsection (iii)(4)) (2) Hospice programs Section 1861(dd)(2)(B)(i)(III) of the Social Security Act , marriage and family therapist, or mental health counselor social worker (c) Authorization of marriage and family therapists and mental health counselors To develop discharge plans for post-Hospital services Section 1861(ee)(2)(G) of the Social Security Act , including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary (d) Effective Date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2015. 18. Extension of payment for technical component of certain physician pathology services Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106–554 42 U.S.C. 1395w–4 42 U.S.C. 1395w–4 Public Law 110–173 Public Law 110–275 Public Law 111–148 Public Law 111–309 2010, and 2011 2010, 2011, the portion of fiscal year 2014 after April 1, 2014, and the portion of fiscal year 2015 before April 1, 2015 19. Facilitating the provision of telehealth services across State lines (a) In general For purposes of expediting the provision of telehealth services, for which payment is made under the Medicare program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner practice across State lines. (b) Definitions In subsection (a): (1) Telehealth service The term telehealth service Social Security Act (2) Physician, practitioner The terms physician practitioner (3) Medicare program The term Medicare program Social Security Act 42 U.S.C. 1395 et seq. 20. Medicare Part A payment for anesthesiologist services in certain rural hospitals based on CRNA pass-through rules (a) In general Section 1814 of the Social Security Act ( 42 U.S.C. 1395f (m) Anesthesiologist services provided in certain rural hospitals (1) Notwithstanding any other provision of this title, coverage and payment shall be provided under this part for physicians' services that are anesthesia services furnished by a physician who is an anesthesiologist in a rural hospital described in paragraph (3) in the same manner as payment is made under the exception provided in section 9320(k) of the Omnibus Budget Reconciliation Act of 1986, as added by section 608(c)(2) of the Family Support Act of 1988 and amended by section 6132 of the Omnibus Budget Reconciliation Act of 1989, (relating to payment on a reasonable cost, pass-through basis) for certified registered nurse anesthetist services furnished by a certified registered nurse anesthetist in a hospital described in such section 9320(k). (2) No payment shall be made under any other provision of this title for physicians' services for which payment is made under this subsection. (3) A rural hospital described in this paragraph is a hospital described in section 9320(k) of the Omnibus Budget Reconciliation Act of 1986, as so added and amended, except that— (A) any reference in such section to a certified registered nurse anesthetist anesthetist physician who is an anesthesiologist anesthesiologist (B) any reference to January 1, 1988 1987 . (b) Effective date The amendment made by subsection (a) shall apply to services furnished during cost reporting periods beginning on or after the date of the enactment of this Act. 21. Temporary floor on the practice expense geographic index for services furnished in rural areas outside of frontier States under the Medicare physician fee schedule Section 1848(e)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1) (J) Floor at 1.0 on practice expense geographic index for services furnished in rural areas outside of frontier States For purposes of payment for services furnished in a rural area (other than a rural area located in a State to which subparagraph (I) applies) on or after April 1, 2014, and before April 1, 2015, after calculating the practice expense index under subparagraph (A)(i), the Secretary shall increase any such index to 1.0 if such index would otherwise be less than 1.0. The preceding sentence shall not be applied in a budget neutral manner. . 22. Revisions to standard for designation of sole community hospitals Section 1886(d)(5)(D)(iv) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(D)(iv) Under such standard, the time required for an individual to travel to the nearest alternative source of care shall be measured over improved roads maintained by a local, State, or Federal Government entity for use by the general public which is the most expeditious and accessible route as designated by law enforcement for emergency vehicle travel. 23. Medicare treatment of standby and on-call time for CRNA services (a) In general Section 9320(k) of the Omnibus Budget Reconciliation Act of 1986 ( 42 U.S.C. 1395k (3) In determining the reasonable costs incurred by a hospital or critical access hospital for the services of a certified registered nurse anesthetist under this subsection, the Secretary shall include standby costs and on-call costs incurred by the hospital or critical access hospital, respectively, with respect to such nurse anesthetist. . (b) Effective date The amendment made by subsection (a) shall apply to costs incurred in cost reporting periods beginning in fiscal years after fiscal year 2005 and before fiscal year 2015. 24. State offices of rural health Section 338J(j)(1) of the Public Health Service Act ( 42 U.S.C. 254r(j)(1) and 2015 through 2016 25. Removing Medicare 96-hour physician certification requirement for inpatient critical access hospital services (a) In general Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) (1) in paragraph (6), by adding and (2) in paragraph (7), at the end of subparagraph (D)(ii), by striking ; and (3) by striking paragraph (8). (b) Application The amendments made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2014. 26. Extension of enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2014 The Secretary of Health and Human Services shall continue to apply through calendar year 2014 the enforcement instruction described in the notice of the Centers for Medicare & Medicaid Services entitled Enforcement Instruction on Supervision Requirements for Outpatient Therapeutic Services in Critical Access and Small Rural Hospitals for CY 2013
Craig Thomas Rural Hospital and Provider Equity Act of 2014
Stop Corporate Inversions Act of 2014 - Amends the Internal Revenue Code to revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States) to provide that during the period beginning after May 8, 2014, and before May 9, 2016, a foreign corporation that acquires the properties of a U.S. corporation or partnership shall be treated as an inverted corporation and thus subject to U.S. taxation if, after such acquisition: (1) it holds more than 50% of the stock of the new entity (expanded affiliated group), or (2) the management or control of the new entity occurs primarily within the United States and the new entity has significant domestic business activities.
To amend the Internal Revenue Code of 1986 to modify the rules relating to inverted corporations. 1. Short title This Act may be cited as the Stop Corporate Inversions Act of 2014 2. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent 60 percent (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, and before May 9, 2016, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country relevant foreign country the United States . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, after March 4, 2003, and before May 9, 2014, or after May 8, 2016, (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (ii) by inserting or (b)(2)(A) (a)(2)(B)(i) (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, (a)(2)(B)(ii) (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, surrogate foreign corporation (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014.
Stop Corporate Inversions Act of 2014
Sunshine in Litigation Act of 2014 - Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to protecting public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, subject to exceptions, unless the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety or (2) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information and the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Prohibits a court from approving any party's stipulation or request to stipulate to an order that would violate this Act. Prohibits such a court from: (1) approving or enforcing any provision of an agreement between or among parties, or an order entered under this Act, to the extent that it restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information (requires such information disclosed to a federal or state agency to be confidential to the extent provided by law); or (2) enforcing any provision of a settlement agreement described under this Act between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters relevant to the protection of public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question and that the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure. Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of, and no court shall be prohibited from restricting disclosure of or access to: (1) information classified under a secret Executive order concerning national defense or foreign policy, or (2) intelligence sources and methods. Bars this Act from providing a basis for: (1) granting a motion to reconsider, modify, amend, or vacate a protective or settlement order entered before the effective date of this Act; or (2) reversing such an order retroactively on appeal.
To amend chapter 111 1. Short title This Act may be cited as the Sunshine in Litigation Act of 2014 2. Restrictions on protective orders and sealing of cases and settlements (a) In general Chapter 111 1660. Restrictions on protective orders and sealing of cases and settlements (a) (1) Except as provided under subsection (e), in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records unless in connection with such order the court has first made independent findings of fact that— (A) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (B) (i) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and (ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. (2) No order entered as a result of the operation paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. (3) The party who is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining such an order. (4) This section shall apply even if an order under paragraph (1) is requested— (A) by motion pursuant to rule 26(c) of the Federal Rules of Civil Procedure; or (B) by application pursuant to the stipulation of the parties. (5) (A) The provisions of this section shall not constitute grounds for the withholding of information in discovery that is otherwise discoverable under rule 26 of the Federal Rules of Civil Procedure. (B) A court shall not approve any party’s stipulation or request to stipulate to an order that would violate this section. (b) (1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not approve or enforce any provision of an agreement between or among parties, or approve or enforce an order entered as a result of the operation of subsection (a)(1), to the extent that such provision or such order prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. (2) Any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law. (c) (1) Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement described under subsection (a)(1) between or among parties that prohibits one or more parties from— (A) disclosing the fact that such settlement was reached or the terms of such settlement, other than the amount of money paid; or (B) discussing a civil action, or evidence produced in the civil action, that involves matters relevant to the protection of public health or safety. (2) Paragraph (1) applies unless the court has made independent findings of fact that— (A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and (B) the requested order is no broader than necessary to protect the confidentiality interest asserted. (d) When weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information relating to financial, health or other similar information of an individual outweighs the public interest in disclosure. (e) Nothing in this section— (1) shall prohibit a court from entering an order that would restrict the disclosure of information, or an order restricting access to court records, if in either instance such order is necessary to protect from public disclosure— (A) information classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or (B) intelligence sources and methods; or (2) shall be construed to permit, require, or authorize the disclosure of information that— (A) is classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or (B) reveals intelligence sources and methods. . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: 1660. Restrictions on protective orders and sealing of cases and settlements. . 3. Effective date and application The amendments made by this Act shall— (1) take effect 30 days after the date of enactment of this Act; (2) apply only to orders entered in civil actions or agreements entered into on or after the effective date of this Act; and (3) not provide a basis for the— (A) granting of a motion to reconsider, modify, amend or vacate a protective order or settlement order entered into before the effective date of this Act; or (B) reversal on appeal of a protective order or settlement order entered into before the effective date of this Act.
Sunshine in Litigation Act of 2014
Stop Child Summer Hunger Act of 2014 - Amends the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to establish a program providing eligible households with summer Electronic Benefits Transfer (EBT) cards that give children access to food during the summer months to: (1) reduce or eliminate children's food insecurity and hunger, and (2) improve their nutritional status. Defines an "eligible household" as a household that includes one or more children who are eligible to receive free or reduced price meals under the school lunch or breakfast programs. Sets the amount on each summer EBT card at $150 per child in 2016, with adjustments thereafter reflecting changes in reimbursement rates for school meals under the school lunch program. Requires children to be enrolled in the program without further application if they are enrolled to receive free or reduced price meals under the school lunch or breakfast programs. Requires summer EBT cards to be used only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program). Amends the Internal Revenue Code to limit the amount of a taxpayer's foreign-related interest expense that is allowed as a deduction for any taxable year. Sets that limit pursuant to a formula that takes into account a domestic corporation's undistributed foreign earnings.
To amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide summer electronic benefits transfer for children program. 1. Short title This Act may be cited as the Stop Child Summer Hunger Act of 2014 2. Summer electronic benefits transfer for children program Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) (13) Summer electronic benefits transfer for children program (A) Definitions In this paragraph: (i) Eligible household The term eligible household Child Nutrition Act of 1966 (ii) Summer EBT card The term summer EBT card (B) Program The Secretary shall establish a program under which the Secretary shall provide to eligible households summer EBT cards for the purpose of providing access to food for children during summer months— (i) to reduce or eliminate the food insecurity and hunger of children; and (ii) to improve the nutritional status of children. (C) Use An eligible household may use a summer EBT card only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (D) Amount Each summer EBT card issued shall be in an amount of— (i) for calendar year 2016, $150 in food assistance per child per summer; and (ii) for each subsequent calendar year, the amount specified in clause (i) as adjusted to reflect changes in reimbursement rates for school meals under this Act between calendar year 2016 and the most recent calendar year. (E) Timing Summer EBT cards shall be issued at the end of the regular school year. (F) Funding (i) In general On October 1, 2015, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. (ii) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under clause (i), without further appropriation. (G) Regulations (i) In general Not later than October 1, 2015, the Secretary shall issue regulations to carry out this paragraph. (ii) Requirements Regulations issued under this subparagraph shall require that— (I) children shall be eligible to participate and shall be enrolled into the program under this paragraph for a summer without further application if the children are enrolled to participate in the free or reduced price lunch program under this Act or the free or reduced price breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. (II) local educational agencies shall distribute to the families of all children enrolled in schools participating in programs authorized under this Act and the Child Nutrition Act of 1966 (aa) regarding the program authorized under this paragraph, including eligibility rules and how children in eligible households that are not automatically enrolled under subclause (I) may apply for program benefits; and (bb) to assist households receiving summer EBT cards in making healthy food choices and maximizing resources. (iii) Alternative timing (I) In general In issuing regulations under this subparagraph, the Secretary shall allow alternative plans for the timing of issuance of the summer electronic benefit cards under subparagraph (D) in any part of a State in which the school year does not include a typical summer break, on the condition that the Secretary determines that no alternative plan increases or decreases Federal costs. (II) Considerations In developing regulations under subclause (I), the Secretary shall consider the ability of a State effectively to issue benefits under an alternative schedule. . 3. Defer deduction of interest expense related to deferred income (a) In general Section 163 (n) Deferral of deduction for interest expense related to deferred income (1) General rule The amount of foreign-related interest expense of any taxpayer allowed as a deduction under this chapter for any taxable year shall not exceed an amount equal to the applicable percentage of the sum of— (A) the taxpayer's foreign-related interest expense for the taxable year, plus (B) the taxpayer's deferred foreign-related interest expense. For purposes of this paragraph, the applicable percentage is the percentage equal to the current inclusion ratio. (2) Treatment of deferred deductions If, for any taxable year, the amount of the limitation determined under paragraph (1) exceeds the taxpayer's foreign-related interest expense for the taxable year, there shall be allowed as a deduction for the taxable year an amount equal to the lesser of— (A) such excess, or (B) the taxpayer's deferred foreign-related interest expense. (3) Definitions and special rule For purposes of this subsection— (A) Foreign-related interest expense The term foreign-related interest expense (i) the value of all stock held by the taxpayer in all section 902 corporations with respect to which the taxpayer meets the ownership requirements of subsection (a) or (b) of section 902, bears to (ii) the value of all assets of the taxpayer which generate gross income from sources outside the United States. (B) Deferred foreign-related interest expense The term deferred foreign-related interest expense (C) Value of assets Except as otherwise provided by the Secretary, for purposes of subparagraph (A)(ii), the value of any asset shall be the amount with respect to such asset determined for purposes of allocating and apportioning interest expense under sections 861, 864(e), and 864(f). (D) Current inclusion ratio The term current inclusion ratio (i) the sum of all dividends received by the domestic corporation from all such section 902 corporations during the taxable year plus amounts includible in gross income under section 951(a) from all such section 902 corporations, in each case computed without regard to section 78, divided by (ii) the aggregate amount of post-1986 undistributed earnings. (E) Aggregate amount of post-1986 undistributed earnings The term aggregate amount of post-1986 undistributed earnings (F) Foreign currency conversion For purposes of determining the current inclusion ratio, and except as otherwise provided by the Secretary, the aggregate amount of post-1986 undistributed earnings for the taxable year shall be determined by translating each section 902 corporation’s post-1986 undistributed earnings into dollars using the average exchange rate for such year. (G) Section 902 corporation The term section 902 corporation (4) Treatment of affiliated groups The current inclusion ratio of each member of an affiliated group (as defined in section 864(e)(5)(A)) shall be determined as if all members of such group were a single corporation. (5) Application to separate categories of income This subsection shall be applied separately with respect to the categories of income specified in section 904(d)(1). (6) Regulations The Secretary may prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance providing— (A) for the proper application of this subsection with respect to changes in ownership of a section 902 corporation, (B) that certain corporations that otherwise would not be members of the affiliated group will be treated as members of the affiliated group for purposes of this subsection, (C) for the proper application of this subsection with respect to the taxpayer’s share of a deficit in earnings and profits of a section 902 corporation, (D) for appropriate adjustments to the determination of the value of stock in any section 902 corporation for purposes of this subsection or to the foreign-related interest expense to account for income that is subject to tax under section 882(a)(1), and (E) for the proper application of this subsection with respect to interest expense that is directly allocable to income with respect to certain assets. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
Stop Child Summer Hunger Act of 2014
Healthy Kids Outdoors Act of 2014 - Authorizes the Secretary of the Interior to issue one cooperative agreement per state to eligible entities to implement and update a five-year Healthy Kids Outdoors State Strategy for encouraging the people of the United States, especially children, youth, and families, to be physically active outdoors. Requires eligible entities to provide a 25% match of the funding that they receive under this Act through in-kind contributions or cash. Directs the President to issue a national strategy for encouraging the people of the United States to be physically active outdoors. Directs the Secretary and the Department of Health and Human Services (HHS) to carry out a study of national significance on the health impacts of the strategies under this Act. Requires the Secretary to provide technical assistance to grantees and to disseminate best practices that emerge from the state strategies funded by this Act.
To authorize the Secretary of the Interior to carry out programs and activities that connect the people of the United States, especially children, youth, and families, with the outdoors. 1. Short title This Act may be cited as the Healthy Kids Outdoors Act of 2014 2. Findings Congress finds as follows: (1) Children today are spending less time outdoors than any generation in human history, as evidenced by studies that show children enjoy half as much time outdoors today as they did just 20 years ago, while spending more than 7 1/2 (2) The health of our children is at risk as evidenced by the growing obesity crisis where, in the past 30 years, childhood obesity has more than doubled in children and quadrupled in adolescents, costing the economy of the United States billions of dollars each year. (3) Our military readiness is declining as nearly 1 in 4 applicants to the military is rejected for being overweight or obese, which is the most common reason for medical disqualification. (4) Research has shown that military children and families are facing increased stress and mental strain and challenges due to multiple, extended deployments. Military family service organizations have developed programs that connect military children and families with positive, meaningful outdoor experiences that benefit mental and physical health, but they lack sufficient resources to meet increasing demand. (5) In addition to the negative economic impact of childhood obesity, the outdoor retail industry, many local tourist destinations or gateway communities (6) Over the past several years, urbanization, changing land use patterns, increasing road traffic, and inadequate solutions to addressing these challenges in the built environment have combined to make it more difficult for many people of the United States to walk or bike to schools, parks, and play areas or experience the natural environment in general. (7) Spending time in green spaces outside the home, including public lands, parks, play areas, and gardens, can increase concentration, inhibition of initial impulses, and self-discipline and has been shown to reduce stress and mental fatigue. In one study, children who were exposed to greener environments in a public housing area demonstrated less aggression, violence, and stress. (8) Visitation to our Nation’s public lands has declined or remained flat in recent years, and yet, connecting with nature and the great outdoors in our communities is critical to fostering the next generation of outdoor enthusiasts who will visit, appreciate, and become stewards of our Nation’s public lands. (9) Spending time outdoors in nature is beneficial to our children’s physical, mental, and emotional health and has been proven to decrease symptoms of attention deficit and hyperactivity disorder, stimulate brain development, improve motor skills, result in better sleep, reduce stress, increase creativity, improve mood, and reduce children’s risk of developing myopia. (10) Children who spend time playing outside are more likely to take risks, seek out adventure, develop self-confidence, and respect the value of nature. A direct childhood experience with nature before the age of 11 promotes a long-term connection to nature. (11) Conservation education and outdoor recreation experiences such as camping, hiking, boating, hunting, fishing, archery, recreational shooting, wildlife watching, and others are critical to engaging young people in the outdoors. (12) As children become more disconnected from the natural world, the hunting and angling conservation legacy of America is at risk. (13) Hunters and anglers play a critical role in reconnecting young people with nature, protecting our natural resources, and fostering a lifelong understanding of the value of conserving the natural world. (14) Research demonstrates that hunters who become engaged in hunting as children are among the most active and interested hunters as adults. The vast majority of hunters report they were introduced to hunting between the ages of 10 and 12, and the overwhelming majority of children are introduced to hunting by an adult. (15) Parks and recreation, youth-serving, service-learning, conservation, health, education, and built-environment organizations, facilities, and personnel provide critical resources and infrastructure for connecting children and families with nature. (16) It takes many dedicated men and women to work to preserve, protect, enhance, and restore America’s natural resources, and with an aging workforce in the natural resource professions, it is critical for the next generation to have an appreciation for nature and be ready to take over these responsibilities. (17) Place-based service-learning opportunities use our lands and waters as the context for learning by engaging students in the process of exploration, action, and reflection. Physical activity outdoors connected with meaningful community service to solve real-world problems, such as removing invasive plants or removing trash from a streambed, strengthens communities by engaging youth as citizen stewards. (18) States nationwide and their community-based partners have some notable programs that connect children and families with nature; however, most States lack sufficient resources and a comprehensive strategy to effectively engage State agencies across multiple fields. (19) States need to engage in cross-sector agency and nonprofit collaboration that involves public health and wellness, parks and recreation, transportation and city planning, and other sectors focused on connecting children and families with the outdoors to increase coordination and effective implementation of the policy tools and programs that a State can bring to bear to provide outdoor opportunities for children and families. 3. Definitions In this Act: (1) Eligible entity The term eligible entity (A) a State; or (B) a consortium from one State that may include such State and municipalities, entities of local or tribal governments, parks and recreation departments or districts, school districts, institutions of higher education, or nonprofit organizations. (2) Local partners The term local partners (3) Secretary The term Secretary (4) State The term State 4. Cooperative agreements for development or implementation of healthy kids outdoors State strategies (a) In general The Secretary is authorized to issue one cooperative agreement per State to eligible entities to develop, implement, and update a 5-year State strategy, to be known as a Healthy Kids Outdoors State Strategy (b) Submission and approval of strategies (1) Applications An application for a cooperative agreement under subsection (a) shall— (A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (f)(1); and (B) include a Healthy Kids Outdoors State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy. (2) Approval of strategy; peer review Not later than 90 days after submission of a Healthy Kids Outdoors State Strategy, the Secretary shall, through a peer review process, approve or recommend changes to the strategy. (3) Strategy update An eligible entity receiving funds under this section shall update its Healthy Kids Outdoors State Strategy at least once every 5 years. Continued funding under this section shall be contingent upon submission of such updated strategies and reports that document impact evaluation methods consistent with the guidelines in subsection (f)(1) and lessons learned from implementing the strategy. (c) Comprehensive strategy requirements The Healthy Kids Outdoors State Strategy under subsection (a) shall include— (1) a description of how the eligible entity will encourage the people of the United States, especially children, youth, and families, to be physically active in the outdoors through State, local, and tribal— (A) public health systems; (B) public parks and recreation systems; (C) public transportation and city planning systems; and (D) other public systems that connect the people of the United States, especially children, youth, and families, to the outdoors; (2) a description of how the eligible entity will partner with nongovernmental organizations, especially those that serve children, youth, and families, including those serving military families and tribal agencies; (3) a description of how State agencies will collaborate with each other to implement the strategy; (4) a description of how funding will be spent through local planning and implementation subgrants under subsection (d); (5) a description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy, including an estimate of the costs associated with such evaluation; (6) a description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy; (7) a description of how the strategy will increase visitation to Federal public lands within the State; and (8) a description of how the eligible entity will leverage private funds to expand opportunities and further implement the strategy. (d) Local planning and implementation (1) In general A Healthy Kids Outdoors State Strategy shall provide for subgrants by the cooperative agreement recipient under subsection (a) to local partners to implement the strategy through one or more of the program activities described in paragraph (2). (2) Program activities Program activities may include— (A) implementing outdoor recreation and youth mentoring programs that provide opportunities to experience the outdoors, be physically active, and teach skills for lifelong participation in outdoor activities, including fishing, hunting, recreational shooting, archery, hiking, camping, outdoor play in natural environments, and wildlife watching; (B) implementing programs that connect communities with safe parks, green spaces, and outdoor recreation areas through affordable public transportation and trail systems that encourage walking, biking, and increased physical activity outdoors; (C) implementing school-based programs that use outdoor learning environments, such as wildlife habitats or gardens, and programs that use service learning to restore natural areas and maintain recreational assets; and (D) implementing education programs for parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for the people of the United States, especially children, youth, and families. (e) Priority In making cooperative agreements under subsection (a) and subgrants under subsection (d)(1), the Secretary and the recipient under subsection (a), respectively, shall give preference to entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability or suffer disproportionately from physical and mental health stressors. (f) Guidelines Not later than 180 days after the date of the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this Act, including guidelines for— (1) developing and submitting strategies and evaluation methods under subsection (b); and (2) technical assistance and dissemination of best practices under section 7. (g) Reporting Not later than 2 years after the Secretary approves the Healthy Kids Outdoors State Strategy of an eligible entity receiving funds under this section, and every year thereafter, the eligible entity shall submit to the Secretary a report on the implementation of the strategy based on the entity’s evaluation and assessment of meeting the goals specified in the strategy. (h) Allocation of funds An eligible entity receiving funding under subsection (a) for a fiscal year— (1) may use not more than 5 percent of the funding for administrative expenses; and (2) shall use at least 95 percent of the funding for subgrants to local partners under subsection (d). (i) Match An eligible entity receiving funding under subsection (a) for a fiscal year shall provide a 25-percent match through in-kind contributions or cash. 5. National strategy for encouraging the people of the United States to be active outdoors (a) In general Not later than September 30, 2015, the President, in cooperation with appropriate Federal departments and agencies, shall develop and issue a national strategy for encouraging the people of the United States, especially children, youth, and families, to be physically active outdoors. Such a strategy shall include— (1) identification of barriers to the people of the United States, especially children, youth, and families, spending healthy time outdoors and specific policy solutions to address those barriers; (2) identification of opportunities for partnerships with Federal, State, tribal, and local partners; (3) coordination of efforts among Federal departments and agencies to address the impacts of the people of the United States, especially children, youth, and families, spending less active time outdoors on— (A) public health, including childhood obesity, attention deficit disorders and stress; (B) the future of conservation in the United States; and (C) the economy; (4) identification of ongoing research needs to document the health, conservation, economic, and other outcomes of implementing the national strategy and State strategies; (5) coordination and alignment with Healthy Kids Outdoors State Strategies; and (6) an action plan for implementing the strategy at the Federal level. (b) Strategy development (1) Public participation Throughout the process of developing the national strategy under subsection (a), the President may use, incorporate, or otherwise consider existing Federal plans and strategies that, in whole or in part, contribute to connecting the people of the United States, especially children, youth, and families, with the outdoors and shall provide for public participation, including a national summit of participants with demonstrated expertise in encouraging individuals to be physically active outdoors in nature. (2) Updating the national strategy The President shall update the national strategy not less than 5 years after the date the first national strategy is issued under subsection (a), and every 5 years thereafter. In updating the strategy, the President shall incorporate results of the evaluation under section 6. 6. National evaluation of health impacts The Secretary, in coordination with the Secretary of Health and Human Services, shall— (1) develop recommendations for appropriate evaluation measures and criteria for a study of national significance on the health impacts of the strategies under this Act; and (2) carry out such a study. 7. Technical assistance and best practices The Secretary shall— (1) provide technical assistance to grantees under section 4 through cooperative agreements with national organizations with a proven track record of encouraging the people of the United States, especially children, youth, and families, to be physically active outdoors; and (2) disseminate best practices that emerge from strategies funded under this Act. 8. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary to carry out this Act— (1) $1,000,000 for fiscal year 2015; (2) $2,000,000 for fiscal year 2016; and (3) $3,000,000 for fiscal year 2017. (b) Limitation Of the amounts made available to carry out this Act for a fiscal year, not more than 5 percent may be made available for carrying out section 7. (c) Supplement, not supplant Funds made available under this Act shall be used to supplement, and not supplant, any other Federal, State, or local funds available for activities that encourage the people of the United States, especially children, youth, and families to be physically active outdoors.
Healthy Kids Outdoors Act of 2014
Fairman Significant Event Tracker (SET) Act of 2014 - Requires the Secretary of Defense (DOD) to establish a significant event tracker (SET) system to track and report individual exposures to traumatic events for members of the Armed Forces, including reserve components, to show evidence of possible trauma incurred during their service and to address mental health issues. Authorizes reportable events to be entered by: (1) unit commanders and subunit leaders when an event affects the entire unit or subunit, (2) a medical treatment facility when an event affects a member undergoing treatment for an injury sustained in connection with an event, and (3) military law enforcement when an event involves victimization or witnessing of a sexual assault. Defines "reportable event" to include: (1) kinetic combat patrol; (2) witnessed loss of life, dismemberment, or significant physical injury in a combat operation, expeditionary operation, or peacetime regular training; (3) traumatic brain injury; and (4) victimization or witnessing of a sexual assault. Requires a secure central tracking database to be established as the central repository for all reportable events. Requires a unit's commanding officer to review and determine the disposition of certain reportable events by assigning designations indicating whether an event is approved, contested, or denied. Requires all reportable events to be entered in the central database regardless of designation. Permits access to such database by: (1) medical treatment facilities consulting for diagnosis; and (2) military law enforcement and criminal investigative services for purposes of obtaining a limited summary (excluding specific information about events, evidence, or members' private personal information) to diagnose patterns and trends related to crimes committed inside their jurisdiction. Allows, with the member's consent, a member's complete SET record to be reviewed by the member's: (1) military and civilian legal representatives, unit commander, or military judge in military disciplinary or judicial proceedings; and (2) civilian legal representatives in non-military proceedings. Requires the official SET record of a member to be used by: (1) the Medical Evaluation Board or Physical Evaluation Board in the case of a member preparing for medical retirement due to injury or other conditions, (2) the medical officer of the member's parent unit in the case of a member preparing for a non-medical discharge or retirement, and (3) a benefits specialist in the case of a member initiating a Benefits Delivery at Discharge claim. Requires, upon a member's separation from service in the Armed Forces, that copies of the member's SET record be distributed to: (1) the separating member; (2) the separating member's service personnel file; (3) the Department of Veterans Affairs (VA); and (4) if specifically designated by the member, the veteran affairs agency of the veteran's state and any other veterans service organization. Directs unit commanders to notify the appropriate military criminal investigative service of any reportable event involving the victimization or witnessing of a sexual assault.
To establish an online significant event tracker (SET) system for tracking, reporting, and summarizing exposures of members of the Armed Forces, including members of the reserve components thereof, to traumatic events, and for other purposes. 1. Short title This Act may be cited as the Fairman Significant Event Tracker (SET) Act of 2014 2. Purpose The purpose of this Act is to implement a significant event tracker (SET) system to train and enable members of the Armed Forces, including members of the reserve components thereof, to track exposures to traumatic events and address mental health issues during and after service. 3. Definitions In this Act: (1) Unit commander defined The term unit commander (2) Reportable event The term reportable event (A) a kinetic combat patrol; (B) witnessed loss of life, dismemberment, or significant physical injury in a combat operation, expeditionary operation, or peacetime regular training; (C) an injury or exposure that may constitute a traumatic brain injury (TBI), including a concussive or mechanical event involving the head that occurs in a combat operation, expeditionary operation, or peacetime regular training; (D) victimization or witnessing of a sexual assault; and (E) any other event determined by the Secretary of Defense to be potentially traumatic to an affected individual. (3) Reserve component The term reserve component section 10101 4. Requirement to implement SET system Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement the significant event tracker system described under section 5 (in this Act referred to as the SET system 5. Significant event tracker (SET) system (a) Establishment The Secretary of Defense shall establish a SET system to track, report, and summarize individual exposures to traumatic events for the purpose of enabling former members of the Armed Forces, including members of the reserve components thereof, to show evidence of possible traumatic events incurred during their service. (b) Recording of events (1) Responsibility (A) Unit commanders A unit commander may enter reportable events that affect the entire unit and its members or delegate to a leader of a subunit of the unit commander's command the entry of reportable events affecting the subunit. (B) Individual reporting A unit commander may choose to delegate event reporting to the individual members of units who are employed as short-term, temporary (less than 30 days) detachments and individual augments which, by the nature of their mission, preclude the persistent inclusion in one common reviewing unit. The delegation may be until a predetermined date such as the end of a deployment or on a 30-day basis, as determined by the unit commander. (C) Medical treatment facility A medical treatment facility may directly enter a reportable event affecting a member of the Armed Forces undergoing treatment at such facility for an injury sustained in connection with the event. (D) Military law enforcement Military law enforcement may directly enter a reportable event involving victimization or witnessing of a sexual assault. (E) Reporting of outside incidents The Secretary of Defense shall issue guidance regarding the entry of reportable events involving members of the Armed Forces that occur while in duty status outside of military installations and are initially reported to local non-military law enforcement or non-military medical treatment facilities. (2) Included information Each entry for a reportable event shall include the following information: (A) Name, date, location, and unit. (B) Duty status. (C) Type of event. (D) Whether a physical injury was sustained as a result, and if so, the extent of such injury. (E) Other information as required by the Secretary of Defense. (c) Verification of events (1) Events reported by individuals (A) In general A reportable event entered by an individual member under subsection (b)(1)(B) shall be reviewed by the unit commander for purposes of verifying, contesting, or denying the event. (B) Verification tools In reviewing reportable events under subparagraph (A), the unit commander shall use all available verification tools, including Department of Defense reports, unit logs, reports from creditable witnesses such as patrol leaders, and any other evidence deemed appropriate by the unit commander. (C) Guidance The Secretary of Defense shall issue guidance designed to ensure that entries submitted to a unit commander for review are handled accurately and in a timely fashion while recognizing the challenges posed by operational tempo and competing time demands. (2) Events reported by the unit commanders or delegates Reportable events entered by a unit commander or delegate under subsection (b)(1)(A), other than reportable events involving victimization or witnessing of a sexual assault, shall be submitted directly to the respective unit’s commanding officer for review under subsection (d). Reportable events involving victimization or witnessing of a sexual assault shall be submitted directly to the secure central tracking database under subsection (e). (3) Events reported by medical treatment facilities Reportable events entered by medical treatment facilities under subsection (b)(1)(C) shall be submitted directly to the secure central tracking database under subsection (e). (4) Events reported by military law enforcement Reportable events entered by military law enforcement under subsection (b)(1)(D) shall be submitted directly to the secure central tracking database under subsection (e). (d) Command review (1) Authority and responsibility The commanding officer shall have responsibility for reviewing and determining the disposition of a reportable event involving the member submitted pursuant to paragraph (1) or (2) of subsection (c), other than a reportable event involving victimization or witnessing of a sexual assault, and submitting the event and such determination to the secure central tracking database under subsection (e). (2) Disposition The commanding officer shall, in accordance with guidance issued by the Secretary of Defense, assign to each such reportable event one of the following designations: (A) Approved, in the case of clear documentation and verification of the facts and the individual’s exposure. (B) Approved/Contested, in the case of clear documentation and verification of the occurrence of the event, but where the commanding officer has reasonable doubt for approval of the reportable event. (C) Denied/Contested, in the case of questionable documentation or verification, but where the commanding officer has reasonable doubt for denial of the reportable event. (D) Denied, in the case of no clear evidence of the facts or the member's exposure. (3) Non-removal of designation Each reportable entry reviewed under this subsection shall be entered into the secure central tracking database and may not be removed or deleted, regardless of designation. (e) Secure central tracking database (1) Storage of information (A) In general All reportable events shall be submitted to a secure central tracking database, either indirectly pursuant to subsection (d), or directly pursuant to paragraph (3) or (4) of subsection (c) or, in the case of a reportable event involving victimization or witnessing of a sexual assault, paragraph (2) of subsection (c). The database shall serve as the central repository for all reportable events relating to a member of the Armed Forces, including for purposes of preparing the member's official SET record upon separation from service. (B) Treatment of information (i) Classified and sensitive operations The secure central tracking database shall include measures to ensure that information related to classified and sensitive operations is coded so as to document the event without violating operational security concerns. (ii) Sexual assault cases The secure central tracking database shall include measures to ensure that information related to sexual assault cases in the secure central tracking database is coded in order to protect privacy and to correctly reflect the status, and protect the integrity, of ongoing investigations. (iii) Confidentiality of individual records An individual member’s complete SET record and individual entries may not be reviewed by the member's unit commander or the chain of command, and may not be used by anyone for the purpose of evaluating promotion, reenlistment, or assignment issues. (C) Use by medical treatment facilities Medical treatment facilities shall be provided access to the secure central tracking database for purposes of entering reportable events under subsection (b)(1)(C) and consulting for diagnoses. (D) Use by military law enforcement and criminal investigative services Military law enforcement and criminal investigative services shall be provided general access to the secure central tracking database for purposes of entering reportable events under section (b)(1)(D) and to a limited summary for purposes of diagnosing patterns and trends related to crimes committed inside their jurisdiction. The summary shall not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (E) Access to individual records for purposes of military and non-military disciplinary and judicial proceedings An individual member’s complete SET record and individual entries may, with the explicit consent of the member, be reviewed, evaluated, and shared with— (i) in the case of a military disciplinary or judicial hearing or proceeding, the member’s military and civilian legal representative or representatives, unit commander, or military judge for the purpose of addressing concerns related to such hearing or proceeding; and (ii) in the case of a non-military disciplinary or judicial hearing or proceeding, the member’s civilian legal representative or representatives for the purpose of addressing concerns related to such hearing or proceeding. (F) Unit commander review (i) In general Except as provided in clause (ii), unit commanders may only view individual pending entries that have been submitted to them for review and designation, and may not view previous entries that have already been reviewed and designated. (ii) Administrative access Unit commanders may only access entries that have already been reviewed, designated, and entered into the secure central data base by that individual commander in order to correct roster entries for subunits, provide additional post-incident documentation, or take such other administrative actions as may be determined appropriate by the Secretary of Defense. In no instance may such access permit the removal of any entry, regardless of designation. (G) Statistical analysis and evaluation of unit commanders (i) Information sharing The Secretary of Defense shall issue guidance governing the sharing of SET entry statistics among unit commands and other Department of Defense individuals, offices, activities, and agencies for purposes of analyzing the number and types of entries generated over time. Information so shared may not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (ii) Evaluation on unit commanders Unit commanders may not be evaluated by their superiors for the number and types of entries generated by their command, but may be evaluated by their superior officer in the chain of command for the speed and accuracy of their entries, and the review of their entries. (H) Additional limitations on access No non-Department of Defense agencies, organizations, or individuals, such as veterans’ service organizations, local law enforcement, judicial courts, or civilian medical treatment facilities, shall be granted access to the secure central tracking database. Department of Defense medical officers may only review an individual member’s entire SET record for the medical purposes set forth in subsection (e)(2)(A) and such other purposes as may be determined appropriate by the Secretary of Defense. (2) Distribution and control (A) Pre-discharge (i) Medical retirements In the case of a member of the Armed Services preparing for medical retirement due to injury or other conditions, the official SET record shall be provided to and used by the Medical Evaluation Board or Physical Evaluation Board. (ii) Non-medical discharges and retirements In the case of a member of the Armed Services preparing for a non-medical discharge or retirement, the official SET record shall be reviewed by the medical officer of the member’s parent unit and serve as the basis for any follow-on actions as determined by the medical officer. (iii) Benefits Delivery at Discharge Claims In the case of a member of the Armed Services initiating a Benefits Delivery at Discharge (BDD) claim, the BDD Specialist shall be provided with the official SET record in order to file a fully developed claim for the member. (B) Upon discharge Upon a member's separation from service in the Armed Forces, including a member of a reserve component thereof, copies of the member's official SET record, including a compilation of all reported events and a summary prepared by an authorizing agent with cleared access to the secure central tracking database, shall be distributed in accordance with the procedures of the military service in which the individual served, including copies to the following recipients: (i) The separating member. (ii) The separating member's Service Personnel File. (iii) The Department of Veterans Affairs, and if specifically designated by the member, the veteran affairs agency of the State that is the separating member's relevant home of record or intended new residence and such other veterans service organization as may be designated by the member. (f) Sexual assault provisions (1) Reporting to military criminal investigative units A unit commander shall notify the appropriate military criminal investigative service of any reportable event involving the victimization or witnessing of a sexual assault that is either entered or verified by the unit commander or a delegate under subsection (b)(1)(A) or (c)(1), respectively, but shall not provide the reportable event entry to the military criminal investigative service without the consent of the victim or witness reporting such event. (2) Treatment of false statements and reports The Secretary of Defense shall prescribe regulations regarding the disposition of reportable events based upon deliberately filed false statements or reports related to victimization or witnessing of a sexual assault. The regulations shall provide that an appropriate authority designated by the Secretary of Defense shall amend the relevant official SET record of the member filing the false statement or report to reflect the falseness of such statement or report. 6. Authorization of appropriations There are authorized to be appropriated out of funds available to the Department of Defense such sums as may be necessary for fiscal year 2015 and fiscal years thereafter to carry out activities under this Act. 7. Rule of construction Nothing in this Act shall be construed as limiting the ability of current and former members of the Armed Forces to provide documentation other than the SET record, including handwritten statements, for purposes of appealing, documenting, or presenting evidence related to post traumatic stress disorder or traumatic brain injury claims.
Fairman Significant Event Tracker (SET) Act of 2014
Advancing FASD Research, Prevention, and Services Act - Amends the Public Health Service Act to revise and extend the Fetal Alcohol Spectrum Disorders (FASD) programs (as renamed under this Act, previously the Fetal Alcohol Syndrome and Fetal Alcohol Effect programs). Directs the Secretary of Health and Human Services (HHS) to: (1) establish and carry out a research agenda for FASD; (2) facilitate surveillance, public health research, and prevention of FASD; and (3) continue the Interagency Coordinating Committee on Fetal Alcohol Syndrome. Requires the Secretary to provide financial assistance to: (1) establish or expand state FASD programs; (2) implement best practices to educate children with FASD, educate members of the criminal justice system on FASD, and educate adoption or foster care agency officials about services for children with FASD; (3) provide transitional services for those affected by prenatal alcohol exposure; (4) develop public service announcements to raise awareness of the risks associated with alcohol consumption during pregnancy; (5) increase awareness and identification of FASD in federally qualified health centers; and (6) provide respite care for caretakers, recruit mentors, and provide educational and supportive services to families of individuals with FASD. Directs the Comptroller General (GAO) to make recommendations regarding the appropriate roles and responsibilities of federal entities with respect to programs and activities related to FASD. Requires the Secretary of Education to direct the Office of Special Education and Rehabilitative Services to conduct training on FASD surveillance and disseminate best practices in the education and support of children with FASD. Requires the Attorney General (DOJ) to direct the Office of Juvenile Justice and Delinquency Prevention to: (1) implement FASD screening procedures, (2) conduct training on surveillance and on identification and support of individuals with FASD, and (3) study the inadequacies of the current system.
To amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Syndrome prevention and services program, and for other purposes. 1. Short title This Act may be cited as the Advancing FASD Research, Prevention, and Services Act 2. Findings Congress makes the following findings: (1) Fetal Alcohol Spectrum Disorders (FASD) are the spectrum of serious, life-long disorders caused by prenatal exposure to alcohol, which include Fetal Alcohol Syndrome, Alcohol-Related Neurodevelopmental Disorder, and Alcohol-Related Birth Defects. (2) In the decades that have passed since Fetal Alcohol Syndrome was first recognized in the United States, this fully preventable condition has continued to affect American children and families. (3) Prenatal alcohol exposure can cause brain damage that produces cognitive and behavioral impairments. Prenatal alcohol exposure can cause intellectual disabilities or low IQ and difficulties with learning, memory, attention, and problem solving. It can also create problems with executive functioning and adaptive behavior that impairs mental health and social interaction. Prenatal alcohol exposure does not always result in below average IQ or visible birth defects, which makes Fetal Alcohol Spectrum Disorders difficult to identify, leading to improper treatment or denial of support services. (4) Prenatal alcohol exposure can cause growth retardation, birth defects involving the heart, kidney, vision and hearing, and a characteristic pattern of facial abnormalities. Prenatal alcohol exposure also can result in secondary behavioral characteristics that may include mental health disorders and learning and behavioral problems, resulting in disrupted school experience, trouble with the law, incarceration, inappropriate sexual behavior, alcohol or drug problems, dependent living, and problems with employment. (5) According to the Substance Abuse and Mental Health Services Administration, more than 1 in 5 women report drinking alcohol in the first trimester of pregnancy, 1 in 14 in the second trimester, and 1 in 20 in the third trimester, even though there is no known safe level of alcohol consumption during pregnancy. (6) The incidence rate for all Fetal Alcohol Spectrum Disorders is estimated in a publication of the National Institute on Alcohol Abuse and Alcoholism to be about 10 out of 1,000 births (1 percent of births) or 40,000 newborns each year. It is estimated that as many as 2 per 1,000, or 20 percent of alcohol exposed newborns, have Fetal Alcohol Syndrome, the most serious and identifiable of the Fetal Alcohol Spectrum Disorders. (7) As measured by the Fetal Alcohol Syndrome Surveillance Network, a partnership between the Centers for Disease Control and Prevention and 5 different States, prevalence of Fetal Alcohol Spectrum Disorders can be even higher in certain populations, such as American Indians and Alaska Natives, foster care children, adoptive children from the United States and from countries where alcohol consumption is more prevalent, and in certain areas, such as those characterized by low socioeconomic status. (8) Fetal Alcohol Spectrum Disorders pose extraordinary financial costs to the Nation, including the cost of specialized health care, education, foster care, incarceration, job training, and general support services for individuals affected by Fetal Alcohol Spectrum Disorders. (9) Lifetime health costs for an individual with Fetal Alcohol Syndrome ranges from $860,000 to $4,000,000. The cost of Fetal Alcohol Syndrome in the United States is estimated to be at least $6,000,000,000 in 2007. Total economic costs would be even higher for all Fetal Alcohol Spectrum Disorders. (10) There is a great need for research, surveillance, prevention, treatment, and support services for individuals with Fetal Alcohol Spectrum Disorders and their families. (11) The National Institutes of Health, in coordination with other Federal agencies, the Interagency Coordinating Committee on Fetal Alcohol Syndrome, and the National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect, has an opportunity to advance research on Fetal Alcohol Spectrum Disorders in many areas, including the following: (A) The identification of the mechanisms that produce the cognitive and behavioral problems associated with fetal alcohol exposure. (B) The identification of a neurocognitive and neurobehavioral phenotype for prenatal alcohol-related conditions other than Fetal Alcohol Syndrome. (C) The identification of biological markers that can be used to indicate fetal alcohol exposure. (D) The identification of fetal and maternal risk factors that increase susceptibility to Fetal Alcohol Spectrum Disorders. (E) The investigation of behavioral and pharmacotherapies for alcohol-dependent wom­en to determine new approaches for sustaining recovery. (F) The development of scientific-based pharmacologic and nutrient augmentation-based pre- and post-natal interventions to antagonize or mitigate the effects of prenatal alcohol exposure. (G) The development of neurocognitive interventions to address deficits in neu­ro­cog­ni­tive function for individuals with Fetal Alcohol Spectrum Disorders. (H) The development of standards for measuring, reporting, and analyzing alcohol consumption patterns in pregnant women. (I) The development of enhanced technological approaches for the diagnosis of Fetal Alcohol Spectrum Disorders, including investigation of prenatal ultrasound, non-invasive imaging, three-dimensional facial feature imaging and their application in telemedicine to aid in remote diagnosis. (J) The evaluation of the role of alcohol in Sudden Infant Death Syndrome (SIDS), unexplained stillbirth, and premature birth. (K) The collection and banking of biomaterials for future analyses to aid in the identification of genetic and other biological and environmental risk factors contributing to the development of Fetal Alcohol Spectrum Disorders. (L) The identification of barriers to implementing alcohol screening in primary care and obstetric practice, and exploration of the acceptability of new screening technologies, such as computer assisted interviewing. (M) The development of approaches for selected and indicated prevention, to decrease the potential for FASD births among the women at greatest risk for these disorders. 3. Programs for fetal alcohol spectrum disorders Section 399H of the Public Health Service Act ( 42 U.S.C. 280f (1) by striking the section heading and inserting the following: PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS. (2) by redesignating subsections (a) through (d) as subsections (h) through (k), respectively; (3) by inserting after the section heading, the following: (a) Research on FAS and related disorders (1) In general The Secretary, acting through the Director of the National Institutes of Health and in coordination with the Interagency Coordinating Committee on Fetal Alcohol Syndrome, shall— (A) establish a research agenda for Fetal Alcohol Spectrum Disorders; and (B) award grants, contracts, or cooperative agreements to public or private nonprofit entities to pay all or part of carrying out research under such agenda. (2) Types of research In carrying out paragraph (1), the Secretary, acting through the Director of the National Institute of Alcohol Abuse and Alcoholism, shall continue to conduct and expand national and international research in coordination with other Federal agencies that includes— (A) the most promising avenues of research in Fetal Alcohol Spectrum Disorder diagnosis, intervention, and prevention; (B) factors that may mitigate the effects of fetal alcohol exposure; and (C) other research that the Director determines to be appropriate. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2016 through 2020. (b) Surveillance, public health research, and prevention activities (1) In general The Secretary, acting through the Director of the National Center on Birth Defects and Developmental Disabilities, shall facilitate surveillance, public health research, and prevention of Fetal Alcohol Spectrum Disorders as provided for in this subsection. (2) Surveillance, public health research, and prevention In carrying out this subsection, the Secretary shall— (A) integrate into clinical practice the standard case definition for diagnosis of Fetal Alcohol Syndrome and, in collaboration with the National Institute on Alcohol Abuse and Alcoholism, the Centers for Disease Control and Prevention, researchers, and experts in the field, develop a standard clinical case definition for diagnostic guidelines and criteria for prenatal alcohol-related conditions other than Fetal Alcohol Syndrome; (B) conduct applied public health prevention research to identify evidence-based strategies for reducing alcohol-exposed pregnancies in women at high risk for alcohol-exposed pregnancies; (C) disseminate and provide the necessary training and support to implement evidence-based strategies developed under subparagraph (A) to— (i) hospitals, federally qualified health centers, outpatient programs, and other appropriate health care providers; (ii) incarceration, detainment facilities, and other judicial systems for juveniles and adults; (iii) educational settings; (iv) social work and child welfare offices; (v) foster care providers and adoption agencies; (vi) State offices and others providing services to individuals with disabilities; (vii) alcoholism treatment facilities; and (viii) other entities that the Secretary determines to be appropriate; (D) conduct activities related to risk factor surveillance including the biannual monitoring and reporting of alcohol consumption among pregnant women and women of childbearing age; and (E) disseminate and evaluate brief behavioral intervention strategies aimed at preventing alcohol-exposed pregnancies among women of childbearing age in special settings, including clinical primary health centers, outpatient clinics, and jail and recovery campuses. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2016 through 2020. (c) Building State FASD systems (1) In general The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants, contracts, or cooperative agreements to States for the purpose of establishing or expanding statewide programs of surveillance, prevention, and clinical intervention for individuals with Fetal Alcohol Spectrum Disorders. (2) Eligibility To be eligible to receive a grant, contract, or cooperative agreement under paragraph (1) a State shall— (A) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require; (B) develop and implement a statewide strategic plan for preventing Fetal Alcohol Spectrum Disorders and clinical intervention for individuals with Fetal Alcohol Spectrum Disorders; (C) consult with public and private non-profit entities with relevant expertise on Fetal Alcohol Spectrum Disorders within the State, including— (i) parent-led groups and other organizations that support and advocate for individuals with Fetal Alcohol Spectrum Disorders; and (ii) Indian tribes and tribal organizations; and (D) designate an individual to serve as the coordinator of the State's Fetal Alcohol Spectrum Disorders program. (3) Strategic plan The statewide strategic plan prepared under paragraph (2)(B) shall include— (A) the identification of existing State programs and systems that could be used to identify and assist individuals with Fetal Alcohol Spectrum Disorders and prevent alcohol consumption during pregnancy, such as— (i) programs for the developmentally disabled, the mentally ill, and individuals with alcohol dependency; (ii) educational settings; (iii) incarceration, detention centers, and judicial systems for juveniles and adults; (iv) child welfare programs and social service programs; and (v) other programs or systems the State determines to be appropriate; (B) the identification of any barriers for individuals with Fetal Alcohol Spectrum Disorders or women at risk for alcohol consumption during pregnancy to access the programs identified under subparagraph (A); and (C) proposals to eliminate barriers to prevention and treatment programs and coordinate the activities of such programs. (4) Use of funds Amounts received under a grant, contract, or cooperative agreement under paragraph (1) shall be used for 1 or more of the following activities: (A) Establishing a statewide surveillance system. (B) Collecting, analyzing, and interpreting data. (C) Establishing a diagnostic center. (D) Developing, implementing, and evaluating population-based and targeted prevention programs for Fetal Alcohol Spectrum Disorders, including public awareness campaigns. (E) Referring individuals with Fetal Alcohol Spectrum Disorders to appropriate support services. (F) Implementing recommendations from relevant agencies and organizations on the identification and prevention of Fetal Alcohol Spectrum Disorders, and clinical intervention for individuals with Fetal Alcohol Spectrum Disorders. (G) Providing training to health care providers on the prevention, identification, and treatment of Fetal Alcohol Spectrum Disorders. (H) Disseminating information about Fetal Alcohol Spectrum Disorders and the availability of support services to families of individuals with Fetal Alcohol Spectrum Disorders. (I) Other activities determined appropriate by the Secretary. (5) Multi-State programs The Secretary shall permit the formation of multi-State Fetal Alcohol Spectrum Disorders programs under this subsection. (6) Other contracts and agreements A State may carry out activities under paragraph (4) through contracts or cooperative agreements with public and private non-profit entities with a demonstrated expertise in Fetal Alcohol Spectrum Disorders. (7) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for fiscal years 2016 through 2020. (d) Promoting community partnerships (1) In general The Secretary shall award grants, contracts, or cooperative agreements to eligible entities to enable such entities to establish, enhance, or improve community partnerships for the purpose of collaborating on common objectives and integrating the services available to individuals with Fetal Alcohol Spectrum Disorders, such as surveillance, prevention, treatment, and provision of support services. (2) Eligible entities To be eligible to receive a grant, contract, or cooperative agreement under paragraph (1), an entity shall— (A) be a public or private nonprofit entity, including— (i) a health care provider or health professional; (ii) a primary or secondary school; (iii) a social work or child welfare office; (iv) an incarceration, detainment facility, or judicial systems for juveniles and adults; (v) a parent-led group or other organization that supports and advocates for individuals with Fetal Alcohol Spectrum Disorders; (vi) an Indian tribe or tribal organization; (vii) any other entity the Secretary determines to be appropriate; or (viii) a consortium of any of the entities described in clauses (i) through (vii); and (B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including assurances that the entity submitting the application does, at the time of application, or will, within a reasonable amount of time from the date of application, include substantive participation of a broad range of entities that work with or provide services for individuals with Fetal Alcohol Spectrum Disorders. (3) Activities An eligible entity shall use amounts received under a grant, contract, or cooperative agreement under this subsection shall carry out 1 or more of the following activities: (A) Integrating Fetal Alcohol Spectrum Disorders services into existing programs and services available in the community. (B) Conducting a needs assessment to identify services that are not available in a community. (C) Developing and implementing community-based initiatives to prevent, diagnose, treat, and provide support services to individuals with Fetal Alcohol Spectrum Disorders. (D) Disseminating information about Fetal Alcohol Spectrum Disorders and the availability of support services. (E) Developing and implementing a community-wide public awareness and outreach campaign focusing on the dangers of drinking alcohol while pregnant. (F) Providing mentoring or other support to families of individuals with Fetal Alcohol Spectrum Disorders. (G) Other activities determined appropriate by the Secretary. (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2016 through 2020. (e) Development of best practices (1) In general The Secretary, in coordination with the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to States, Indian tribes and tribal organizations, and nongovernmental organizations for the establishment of pilot projects to identify and implement best practices for— (A) educating children with fetal alcohol spectrum disorders, including— (i) activities and programs designed specifically for the identification, treatment, and education of such children; and (ii) curricula development and credentialing of teachers, administrators, and social workers who implement such programs; (B) educating judges, attorneys, probation officers, child advocates, law enforcement officers, prison wardens, alternative incarceration administrators, and incarceration officials on how to treat and support individuals suffering from Fetal Alcohol Spectrum Disorders within the criminal justice system, including— (i) programs designed specifically for the identification, treatment, and education of individuals with Fetal Alcohol Spectrum Disorders; and (ii) curricula development and credentialing within the justice system for individuals who implement such programs; and (C) educating adoption or foster care agency officials about available and necessary services for children with Fetal Alcohol Spectrum Disorders, including— (i) programs designed specifically for the identification, treatment, and education of individuals with Fetal Alcohol Spectrum Disorders; and (ii) education and training for potential parents of an adopted child with Fetal Alcohol Spectrum Disorders. (2) Application To be eligible for a grant under paragraph (1), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2016 through 2020. (f) Transitional services (1) In general The Secretary shall award demonstration grants, contracts, and cooperative agreements to States, Indian tribes and tribal organizations, and nongovernmental organizations for the purpose of establishing integrated systems for providing transitional services for those affected by prenatal alcohol exposure and evaluating their effectiveness. (2) Application To be eligible for a grant, contract, or cooperative agreement under paragraph (1), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including specific credentials relating to education, skills, training, and continuing educational requirements relating to Fetal Alcohol Spectrum Disorders. (3) Allowable uses An entity shall use amounts received under a grant, contract, or cooperative agreement under paragraph (1) to— (A) provide housing assistance to, or specialized housing for, adults with Fetal Alcohol Spectrum Disorders; (B) provide vocational training and placement services for adults with Fetal Alcohol Spectrum Disorders; (C) provide medication monitoring services for adults with Fetal Alcohol Spectrum Disorders; (D) provide training and support to organizations providing family services or mental health programs and other organizations that work with adults with Fetal Alcohol Spectrum Disorders; and (E) establish and evaluate housing models specially designed for adults with Fetal Alcohol Spectrum Disorders. (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2016 through 2020. (g) Federally qualified health center initiative (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to federally qualified health centers acting in collaboration with States, Indian tribes, tribal organizations, and nongovernmental organizations, for the establishment of a 5-year demonstration program to implement and evaluate a program to increase the awareness and identification of Fetal Alcohol Spectrum Disorders in federally qualified health centers and to refer affected individuals to appropriate support services. (2) Application To be eligible to receive a grant under paragraph (1), a federally qualified health center, or a State, Indian tribe, tribal organization, or nongovernmental organization with a demonstrated record of implementing Fetal Alcohol Spectrum Disorders programming in federally qualified health centers, shall prepare and submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may reasonably require. (3) Activities A federally qualified health center, or other eligible entity, shall use amounts received under a grant under paragraph (1) to— (A) provide training for health care providers on identifying and educating women who are at risk for alcohol consumption during pregnancy; (B) provide training for health care providers on screening children for Fetal Alcohol Spectrum Disorders; (C) educate health care providers and other relevant federally qualified health center workers on the support services available for those with Fetal Alcohol Spectrum Disorders and treatment services available for women at risk for alcohol consumption during pregnancy; and (D) implement a tracking system that can identify the rates of Fetal Alcohol Spectrum Disorders by racial, ethnic, and economic backgrounds. (4) Selection of participants The Administrator shall determine the number of federally qualified health centers that will participate in the demonstration program under this subsection and shall select participants, to the extent practicable, that are located in different regions of the United States and that serve a racially and ethnically diverse population. (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2016 through 2020. (6) Report to congress Not later than 1 year after completion of the demonstration program under this subsection, the Administrator shall prepare and submit to Congress a report on the results of the demonstration program, including— (A) changes in the number of women screened for and identified as at risk for alcohol consumption during pregnancy; (B) changes in the number of individuals identified as having a Fetal Alcohol Spectrum Disorder; and (C) changes in the number of alcohol-consuming pregnant women and individuals with Fetal Alcohol Spectrum Disorders who were referred to appropriate services. ; (4) in subsection (h)(1) (as so redesignated)— (A) in subparagraph (C), by striking and (B) in subparagraph (D), by adding and (C) by adding at the end the following: (E) national public service announcements to raise public awareness of the risks associated with alcohol consumption during pregnancy with the purpose of reducing the prevalence of Fetal Alcohol Spectrum Disorders, that shall— (i) be developed, conducted, and evaluated prior to broadcast by relevant Federal agencies with the advice of the Interagency Coordinating Committee on Fetal Alcohol Syndrome taking into consideration the expertise and experience of other relevant Federal agencies; (ii) be broadcast through appropriate media outlets, including the Internet, television or radio, in a manner intended to reach women at risk of alcohol consumption during pregnancy; and (iii) be measured prior to broadcast of the national public service announcements to provide baseline data that will be used to evaluate the effectiveness of the announcements. ; and (5) in subsection (k) (as so redesignated)— (A) in paragraph (1), by striking National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force on Fetal Alcohol Spectrum Disorders (B) in paragraph (3)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (D) explore the feasibility of whether Fetal Alcohol Syndrome and other prenatal alcohol disorders, or a subset of these disorders, should be included in the Diagnostic and Statistic Manual of Mental Disorders; and (E) in collaboration with the National Institute on Alcohol Abuse and Alcoholism, the Centers for Disease Control and Prevention, researchers, and experts in the field, develop a standard clinical case definition for diagnostic guideline and criteria for prenatal alcohol-related conditions other than Fetal Alcohol Syndrome. ; and (C) by striking Fetal Alcohol Syndrome and Fetal Alcohol Effect Fetal Alcohol Spectrum Disorders 4. Coordination among Federal entities Part O of title III of the Public Health Service Act ( 42 U.S.C. 280f et seq. 399K–1. Coordination among Federal entities (a) Interagency Coordinating Committee on Fetal Alcohol Syndrome The Secretary, acting through the Director of the National Institute on Alcohol Abuse and Alcoholism, shall provide for the continuation of the Interagency Coordinating Committee on Fetal Alcohol Syndrome so that such Committee may— (1) coordinate activities conducted by the Federal Government on Fetal Alcohol Spectrum Disorders, including convening meetings, establishing work groups, sharing information, and facilitating and promoting collaborative projects among Federal agencies; and (2) develop, in consultation with the National Task Force on Fetal Alcohol Spectrum Disorders, priority areas for years 2016 through 2020 to guide Federal programs and activities related to Fetal Alcohol Spectrum Disorders. (b) Coordination among Federal entities (1) In general The Comptroller General of the United States shall evaluate and make recommendations regarding the appropriate roles and responsibilities of Federal entities with respect to programs and activities related to Fetal Alcohol Spectrum Disorders. (2) Covered entities The Federal entities under paragraph (1) shall include entities within the National Institutes of Health, the Centers for Disease Control and Prevention, the Substance Abuse and Mental Health Services Administration, the Health Resources and Services Administration, the Indian Health Service, the Agency for Healthcare Research and Quality, the Interagency Coordinating Committee on Fetal Alcohol Syndrome, the National Task Force on Fetal Alcohol Spectrum Disorders, as well as the Office of Special Education and Rehabilitative Services in the Department of Education and the Office of Juvenile Justice and Delinquency Prevention in the Department of Justice. (3) Evaluation The evaluation conducted by the Comptroller General under paragraph (1) shall include— (A) an assessment of the current roles and responsibilities of Federal entities with programs and activities related to Fetal Alcohol Spectrum Disorders; and (B) an assessment of whether there is duplication in programs and activities, conflicting roles and responsibilities, or lack of coordination among Federal entities. (4) Recommendation The Comptroller General shall provide recommendations on the appropriate roles and responsibilities of the Federal entities described in paragraph (2) in order to maximize the effectiveness of Federal programs and activities related to Fetal Alcohol Spectrum Disorders. (5) Completion Not later than 1 year after the date of enactment of the Advancing FASD Research, Prevention, and Services Act . 5. Services for individuals with Fetal Alcohol Spectrum Disorders Section 519C(b) of the Public Health Service Act (42 U.S.C. 290bb–25c(b)) is amended— (1) in paragraph (11), by striking and (2) by redesignating paragraph (12) as paragraph (15); and (3) by inserting after paragraph (11), the following: (12) provide respite care for caretakers of individuals with Fetal Alcohol Syndrome and other prenatal alcohol-related disorders; (13) recruit and train mentors for individuals with Fetal Alcohol Syndrome and other prenatal alcohol-related disorders; (14) provide educational and supportive services to families of individuals with Fetal Alcohol Spectrum Disorders; and . 6. Prevention, intervention, and services in the education system (a) General Rule The Secretary of Education shall be the lead Federal official with responsibility over education-related issues with respect to children with Fetal Alcohol Spectrum Disorders. (b) Specific responsibilities The Secretary of Education shall direct the Office of Special Education and Rehabilitative Services to— (1) conduct and disseminate training on a nationwide Fetal Alcohol Spectrum Disorders surveillance campaign to local education agencies and early childhood education providers in collaboration with the National Center on Birth Defects and Developmental Disabilities under section 399H(b) of the Public Health Service Act (as added by this Act); (2) collect, collate, and disseminate (through the Internet Web site of the Department of Education, at teacher-to-teacher workshops, and through other means) evidence-based practices that are effective in the education and support of children with Fetal Alcohol Syndrome Disorders, including any special techniques on how to assist children with Fetal Alcohol Spectrum Disorders, in both special and traditional educational settings, such practices to incorporate information concerning the identification, behavioral supports, teaching, and learning associated with Fetal Alcohol Spectrum Disorders, to— (A) education groups such as the National Association of School Boards, the National Education Association, the American Federation of Teachers, the National Association of Elementary School Principals, and the National Association of Secondary School Principals; (B) 21st Century Community Learning Center program grantees and other after school program personnel; and (C) Parent Teacher Associations, Parent Information and Training Centers, family aid programs, and other appropriate education organizations; (3) ensure that, in administering the Individuals with Disabilities Education Act, parents, educators, and advocates for children with disabilities are aware that children with Fetal Alcohol Spectrum Disorders have the right to access general curriculum under the least restrictive environment; (4) collaborate with other Federal agencies to include Fetal Alcohol Spectrum Disorders-related information or activities in programs related to maternal health, health education, and sex education; (5) collaborate with the Secretary of Health and Human Services to ensure that Fetal Alcohol Spectrum Disorders prevention grants under section 399H of the Public Health Service Act include education concerning Fetal Alcohol Spectrum Disorders in the sexual and health education curricula of schools; and (6) support efforts by peer advisory networks of adolescents in schools organized to discourage the use of alcohol while pregnant or considering getting pregnant. 7. Prevention, intervention, and services in the justice system The Attorney General shall direct the Office of Juvenile Justice and Delinquency Prevention to— (1) implement screening procedures and conduct training on a nationwide Fetal Alcohol Spectrum Disorders surveillance campaign for the Department of Justice in collaboration with the efforts of the National Center on Birth Defects and Developmental Disabilities under section 399H(b) of the Public Health Service Act (as added by this Act); (2) introduce training curricula on how to most effectively identify and interact with individuals with Fetal Alcohol Spectrum Disorders in both the juvenile and adult justice systems, and investigate incorporating information about the identification, prevention, and treatment of the disorders into justice professionals' credentialing requirements; (3) promote the tracking of individuals entering the juvenile justice system with at-risk backgrounds that indicates them as high probability for having a Fetal Alcohol Spectrum Disorder, especially those individuals whose mothers have a record of heavy or binge drinking during pregnancy as reported by the appropriate child protection agency; (4) educate judges, attorneys, probation officers, child advocates, law enforcement officers, prison wardens, alternative incarceration administrators, and incarceration officials on how to treat and support individuals suffering from Fetal Alcohol Spectrum Disorders within the juvenile and adult justice systems, including— (A) programs designed specifically for the identification, treatment, and education of such children; and (B) curricula development and credentialing of teachers, administrators, and social workers who implement such programs; (5) conduct a study on the inadequacies of how the current system processes children with certain developmental delays and subsequently implement alternative methods of incarceration and treatment that are more effective for youth offenders identified to have a Fetal Alcohol Spectrum Disorder; and (6) collaborate with Fetal Alcohol Spectrum Disorders professionals and implement transition programs for juveniles and adults with Fetal Alcohol Spectrum Disorders who are released from incarceration. 8. Miscellaneous provisions (a) Authorization of appropriations Section 399J of the Public Health Service Act ( 42 U.S.C. 280f–2 this part subsections (h) through (k) of section 399H, $27,000,000 for each of fiscal years 2016 through 2020 (b) Repeal of sunset Section 399K of the Public Health Service Act ( 42 U.S.C. 280f–3
Advancing FASD Research, Prevention, and Services Act
Orphan Earmarks Act - Rescinds all unobligated amounts of funds earmarked for the Department of Transportation (DOT) if more than 90% of the dollar amount of that earmark remains available for obligation at the end of the 9th fiscal year after it was first made available. Authorizes the Secretary of Transportation (DOT) to delay any such rescission for one year if an additional obligation of the earmark is likely to occur during the 10th fiscal year after it was first made available. Requires each agency head to identify and report every project that is an earmark with an unobligated balance at the end of a fiscal year to the Director of the Office of Management and Budget (OMB), who shall report a listing and accounting for such earmarks to Congress and to the public via the OMB website.
To rescind unused earmarks provided for the Department of Transportation, and for other purposes. 1. Short title This Act may be cited as the Orphan Earmarks Act 2. Unused earmarks (a) Definitions In this section— (1) the term agency Executive agency section 105 (2) the term earmark (A) a congressionally directed spending item, as defined in rule XLIV of the Standing Rules of the Senate; and (B) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives; and (3) the term unused DOT earmark (b) Rescission of unused DOT earmarks (1) In general Except as provided in paragraph (2), effective on October 1 of the 10th fiscal year after funds under an unused DOT earmark are made available, all unobligated amounts made available under the unused DOT earmark are rescinded. (2) Exception The Secretary of Transportation may delay the rescission of amounts made available under an unused DOT earmark for 1 year if the Secretary determines that an additional obligation of the earmark is likely to occur during the 10th fiscal year after funds under the unused DOT earmark are made available. (c) Agency-Wide identification and report (1) Agency identification Each agency shall identify and submit to the Director of the Office of Management and Budget an annual report regarding every project of the agency for which— (A) amounts are made available under an earmark; and (B) as of the end of a fiscal year, unobligated balances remain available. (2) Annual report The Director of the Office of Management and Budget shall submit to Congress and publically post on the website of the Office of Management and Budget an annual report that includes— (A) a listing and accounting for earmarks for which unobligated balances remain available, summarized by agency, which shall include, for each earmark— (i) the amount of funds made available under the original earmark; (ii) the amount of the unobligated balances that remain available; (iii) the fiscal year through which the funds are made available, if applicable; and (iv) recommendations and justifications for whether the earmark should be rescinded or retained in the next fiscal year; (B) the number of rescissions resulting from this section and the annual savings resulting from this section for the previous fiscal year; and (C) a listing and accounting for earmarks provided for the Department of Transportation scheduled to be rescinded under subsection (b) at the end of the fiscal year during which the report is submitted.
Orphan Earmarks Act
Accurate Budgeting Act - Amends the Congressional Budget Act of 1974 to require the Joint Committee on Taxation to prepare for each major revenue bill or resolution, reported by specified congressional tax committees or considered on the floor of either chamber, as a supplement to Congressional Budget Office (CBO) cost estimates, a macroeconomic impact analysis of the budgetary effects of the legislation for: (1) the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared, and (2) each of the next three 10-fiscal year periods.Defines "major revenue bill or resolution" as a bill, resolution, or conference report for which either: the sum of the positive changes in revenues resulting from such measure (not including the impact of any timing shifts for the due date for estimated corporate income tax payments) for any fiscal year in the period for which a CBO cost estimate is prepared, or the absolute value of the sum of the negative changes in revenues resulting from such measure, is greater than 0.25% of the current projected U.S. gross domestic product (GDP) for that fiscal year.
To amend the Congressional Budget Act of 1974 to provide for macroeconomic analysis of the impact of major revenue legislation. 1. Short title This Act may be cited as the Accurate Budgeting Act 2. Macroeconomic impact analyses for major revenue legislation (a) In general Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 407. Macroeconomic impact analysis of major revenue legislation (a) Joint Committee on Taxation The Joint Committee on Taxation shall, to the extent practicable, prepare for each major revenue bill or resolution which is— (1) reported by the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate; or (2) considered on the floor of the House of Representatives or the Senate, as a supplement to estimates prepared under section 402, a macroeconomic impact analysis of the budgetary effects of such bill or resolution for the 10 fiscal-year period beginning with the first fiscal year for which an estimate was prepared under section 402 and each of the next three 10 fiscal-year periods. To the extent practicable, the Joint Committee on Taxation’s macroeconomic impact analysis shall be included in full as part of the Congressional Budget Office report accompanying such bill or resolution under section 402. If a macroeconomic impact analysis is not included as part of the Congressional Budget Office report relating to a major revenue bill or resolution, the Chairman of the Committee reporting the bill or resolution shall cause the analysis to be entered into the Congressional Record of the Senate and House of Representatives. (b) Definitions As used in this section: (1) Macroeconomic impact analysis The term macroeconomic impact analysis (A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from the revenue provisions in the proposal to which section 201(f) applies; (B) an estimate of revenue feedback expected to result from those revenue provisions; and (C) a statement identifying the critical assumptions and the source of data underlying that estimate, to the extent necessary to make the models comprehensible to academic and public policy analysts. (2) Major revenue bill or resolution The term major revenue bill or resolution (A) either— (i) the sum of the positive changes in revenues resulting from such measure (not including the impact of any timing shifts for the due date for estimated corporate income tax payments) for any fiscal year in the period for which an estimate is prepared under section 402; or (ii) the absolute value of the sum of the negative changes in revenues resulting from such measure (not including the impact of any timing shifts for the due date for estimated corporate income tax payments) for any fiscal year for which such an estimate is prepared, is greater than (B) 0.25 percent of the current projected gross domestic product of the United States (as determined by the Bureau of Economic Analysis of the Department of Commerce) for such fiscal year. (3) Revenue feedback The term revenue feedback . (b) Conforming amendment The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 406 the following new item: Sec. 407. Macroeconomic impact analysis of major revenue legislation. .
Accurate Budgeting Act
Federal Cybersecurity Workforce Assessment Act - Requires the head of each federal agency to identify cybersecurity workforce positions within the agency, determine the primary Cybersecurity Work Category and Specialty Area (CWCSA) of such positions, and assign the corresponding Data Element Code. Directs each agency head to establish procedures to: (1) identify open positions that include cybersecurity functions, and (2) assign the appropriate employment code to each such position and to each agency employee who carries out cybersecurity functions. Directs each agency head, beginning not later than one year after such employment codes are assigned and annually through 2021, to submit a report to the Director of the Office of Personnel Management (OPM) that identifies the CWCSAs of critical need in the agency's cybersecurity workforce and substantiates the critical need designations. Requires the Director to: (1) provide agencies with timely guidance for identifying CWCSAs of critical need, including current categories and areas with acute skill shortages and with emerging skill shortages; and (2) identify Specialty Areas of critical need for the cybersecurity workforce across all federal agencies. Directs the Comptroller General (GAO) to analyze, monitor, and report on this Act's implementation.
To provide additional oversight and guidance to the Department of Homeland Security. 1. Short title This Act may be cited as the Federal Cybersecurity Workforce Assessment Act 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Homeland Security of the House of Representatives (C) the Committee on House Administration of the House of Representatives (2) Cybersecurity work category; data element code; specialty area The terms Cybersecurity Work Category Data Element Code Specialty Area (3) Director The term Director (4) Secretary The term Secretary 3. National Cybersecurity Workforce Measurement Initiative (a) In general The head of each Federal agency shall— (1) identify all cybersecurity workforce positions within the agency; (2) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (3) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management’s Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education’s National Cybersecurity Workforce Framework report, in accordance with subsection (b). (b) Employment codes (1) Procedures Not later than 90 days after the date of the enactment of this Act, the head of each Federal agency shall establish procedures— (A) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (B) to assign the appropriate employment code to each such position, using agreed standards and definitions. (2) Code assignments Not later than 9 months after the date of the enactment of this Act, the head of each Federal agency shall assign the appropriate employment code to— (A) each employee within the agency who carries out cybersecurity functions; and (B) each open position within the agency that has been identified as having cybersecurity functions. (c) Progress report Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this section to the appropriate congressional committees. 4. Identification of Cybersecurity Work Category and Specialty Areas of critical need (a) In general Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to section 3(b)(2), and annually through 2021, the head of each Federal agency, in consultation with the Director and the Secretary, shall— (1) identify Cybersecurity Work Categories and Specialty Areas of critical need in the agency’s cybersecurity workforce; and (2) submit a report to the Director that— (A) describes the Cybersecurity Work Categories and Specialty Areas identified under paragraph (1); and (B) substantiates the critical need designations. (b) Guidance The Director shall provide Federal agencies with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including— (1) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (2) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (c) Cybersecurity critical needs report Not later than 18 months after the date of the enactment of this Act, the Director, in consultation with the Secretary, shall— (1) identify Specialty Areas of critical need for cybersecurity workforce across all Federal agencies; and (2) submit a progress report on the implementation of this section to the appropriate congressional committees. 5. Government Accountability Office status reports The Comptroller General of the United States shall— (1) analyze and monitor the implementation of sections 3 and 4; and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.
Federal Cybersecurity Workforce Assessment Act
Creating Higher Education Affordability Necessary to Compete Economically Act or the Middle Class CHANCE Act - Amends the Higher Education Act of 1965 to increase the maximum Federal Pell Grant for award year 2014-2015 and adjust it each subsequent award year to account for changes in the Consumer Price Index. Directs the Secretary of Education to award an additional Pell Grant to an eligible student who: (1) has received a Pell Grant for an award year, and (2) is enrolled in a program of study for one or more additional payment periods during the same award year that are not otherwise covered by the Pell Grant. Limits the total amount of the Pell Grants awarded to such student for the award year to 150% of the maximum Pell Grant for such award year. Raises, from 12 semesters to 15 semesters, the period during which a student may receive Federal Pell Grants.
To improve college affordability. 1. Short title This Act may be cited as the Creating Higher Education Affordability Necessary to Compete Economically Act Middle Class CHANCE Act 2. Increase in the maximum amount of a Federal Pell Grant Section 401(b)(7)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(C) (ii) Award year 2014–2015 For award year 2014–2015, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be increased to $4,040. (iii) Subsequent award years For award year 2015-2016 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to— (I) the amount determined under this subparagraph for the preceding award year; increased by (II) a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and (III) rounded to the nearest $5. . 3. Year-Round Federal Pell Grant students (a) In general Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b) (8) Year-Round Federal Pell Grant students (A) In General Notwithstanding any other provision of this subsection, the Secretary shall award, to an eligible student who meets the requirements in subparagraph (B) who has received a Federal Pell Grant for an award year and is enrolled in a program of study for 1 or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant, an additional Federal Pell Grant for the additional payment periods. (B) Eligibility In order to be eligible to receive the additional Federal Pell Grant for an award year that is described in subparagraph (A), a student shall, in addition to meeting all eligibility requirements for the receipt of a Federal Pell Grant— (i) be enrolled full-time in an institution of higher education; and (ii) have successfully completed at least a full-time course load (as determined by the institution) prior to receiving an additional Federal Pell Grant award as described in subparagraph (A). (C) Amounts In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year shall not exceed an amount equal to 150 percent of the total maximum Federal Pell Grant for such award year calculated in accordance with paragraph (7)(C)(iv)(II). (D) Inclusion in duration limit Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5). (9) Crossover period In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned. . (b) Effective date The amendment made by subsection (a) shall take effect on July 1, 2014. 4. Pell Grant Duration Limit Section 401(c)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(c)(5) 12 semesters 15 semesters
Middle Class CHANCE Act
Colorado News, Emergency, Weather, and Sports Act of 2014 - Amends the Communications Act of 1934 and federal copyright law to allow cable operators or satellite carriers to offer certain Colorado-based television broadcast stations to eligible Colorado counties located in a New Mexico-based designated market area if the counties meet specified criteria according to U.S. television household estimates by Nielsen Media Research.
To amend the Communications Act of 1934 to facilitate paid television service in certain counties, and for other purposes. 1. Short title This Act may be cited as the Colorado News, Emergency, Weather, and Sports Act of 2014 2. Facilitating delivery of relevant television programming to unserved consumers (a) In general Section 341(a) of the Communications Act of 1934 ( 47 U.S.C. 341(a) (1) in paragraph (1)(A), by striking in the county on January 1, 2004; or (i) on January 1, 2004, in the case of a county described in paragraph (3)(A); or (ii) on January 1, 2014, in the case of a county described in paragraph (3)(B); or ; and (2) in paragraph (3)— (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and adjusting the margins accordingly; (B) in the matter preceding clause (i), as redesignated, by striking means any 1 of 4 counties that— (A) any 1 of 4 counties that— ; and (C) by striking the period at the end and inserting the following: “; or (B) any 1 of 2 counties that— (i) are all in a single State; (ii) on January 1, 2014, were each in designated market areas in which the majority of counties were located in another State; and (iii) as a group had a combined total of 27,540 television households according to the U.S. Television Household Estimates by Nielsen Media Research for 2013–2014. . (b) Conforming amendment Section 122(a)(4)(C) (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (2) in the matter preceding clause (I), as redesignated, by striking In the case of (i) that State in which are located 4 counties that— ; (3) in subclause (II), as redesignated, by adding or (4) by inserting after subclause (II), as redesignated, the following: (ii) that State in which are located 2 counties that— (I) on January 1, 2014, were in local markets principally comprised of counties in another State, and (II) had a combined total of 27,540 television households, according to the U.S. Television Household Estimates by Nielsen Media Research for 2013–2014, ; and (5) by inserting before the period at the end the following: , in the case of the State described in clause (i), or on January 1, 2014, in the case of the State described in clause (ii)
Colorado News, Emergency, Weather, and Sports Act of 2014
Title I: Commercial Privacy - Commercial Privacy Bill of Rights Act of 2014 - Directs the Federal Trade Commission (FTC) to initiate a rulemaking to require covered entities to carry out security measures to protect personally identifiable information, unique identifier information, and other information that may be used to identify a specific individual. Defines "covered entity" as a person (a person, partnership, or corporation over which the FTC has authority under the Federal Trade Commission Act, a common carrier subject to the Communications Act of 1934, or a nonprofit organization) who collects, uses, transfers, or stores such information concerning more than 5,000 individuals during any consecutive 12-month period. Directs the FTC to require covered entities to: (1) notify individuals of their practices regarding the collection, use, transfer, and storage of such information; (2) provide timely notice before implementing a material change in such practices; (3) offer individuals a mechanism to provide opt-in consent for any unauthorized use of such information or a third party's use for behavioral advertising or marketing; and (4) provide access to, and methods to correct, stored information. Permits covered entities to execute contracts with service providers to collect, use, and store information on behalf of the covered entity. Restricts covered entities to the collection of only as much information relating to an individual as reasonably necessary to: (1) process or enforce a transaction or deliver a requested service, including inventory management, financial reporting and accounting, planning, product or service improvement, forecasting, and customer support; (2) prevent or detect fraud or provide for a secure environment; (3) investigate a possible crime or comply with a law; (4) market or advertise to such individual if the information used for such marketing or advertising was collected directly by the covered entity; and (5) conduct internal operations and customer research, including the collection of information about Internet website visits and click-through rates to improve website navigation and the customer's experience. Limits the duration of time that a covered entity is authorized to retain such information to only the period necessary to provide the transaction, deliver the service, or comply with a law. Restricts the use of retained information to the purpose for which it was collected or a reasonably related purpose. Directs covered entities that contract to transfer information to third parties to prohibit such third parties from combining transferred information that is not personally identifiable with other information in order to identify the individual without the individual's opt-in consent. Requires covered entities to attempt to establish procedures to ensure the accuracy of personally identifiable information that could be used to deny consumers benefits or cause significant harm. Sets forth the circumstances under which a covered entity may be required to provide notice of a breach of security to: (1) U.S. citizens or residents whose personally identifiable information is reasonably believed to have been acquired or accessed, (2) the FTC, (3) third parties, (4) service providers, and (5) credit reporting agencies. Exempts a covered entity from certain notice requirements if: the covered entity, following a breach of security, concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct; or the covered entity participates in a security program that blocks the use of the personally identifiable information to initiate an unauthorized financial transaction before it is charged to the account of the individual and that notifies affected individuals after a security breach that resulted in attempted fraud or an attempted unauthorized transaction. Requires a covered entity to notify a federal government entity designated by the Secretary of Homeland Security (DHS) if a breach of security involves: (1) the personally identifiable information of more than 10,000 individuals, (2) a database containing the personally identifiable information of more than 1 million individuals, (3) federal government databases, or (4) the personally identifiable information of federal employees or contractors involved in national security or law enforcement. Directs the designated entity to provide each notice it receives to: the U.S. Secret Service; the Federal Bureau of Investigation (FBI); the FTC; the U.S. Postal Inspection Service, if mail fraud is involved; attorneys general of affected states; and appropriate federal agencies for law enforcement, national security, or data security purposes. Sets forth enforcement provisions for the FTC, the Attorney General (DOJ), and states. Establishes civil penalties for state actions against covered entities that recklessly or repeatedly violate specified requirements. Prohibits this title from being construed to provide a private right of action. Directs the FTC to initiate a rulemaking to establish requirements for a nongovernmental organization to administer safe harbor programs under which participants are exempted from certain requirements of this title if they implement particular mechanisms that protect against unauthorized information uses and provide consumers a means of opting out of the transfer of specified information to third parties. Title II: Online Privacy of Children - Do Not Track Kids Act of 2014 - Amends the Children's Online Privacy Protection Act of 1998 to apply the prohibitions against collecting personal information from children to online applications and mobile applications directed to children. Establishes additional privacy protections against the collection of personal or geolocation information from children and minors. Revises the definition of: "operator" to include online and mobile applications (currently, only Internet websites and online services) and to make such definition apply specifically to operators and providers of such websites, services, or applications who, for commercial purposes, in interstate or foreign commerce, collect or maintain personal information from or about their users, allow another person to collect such personal information, or allow users of such websites, services, or applications to publicly disclose personal information; and "disclosure" to mean the release of personal information (currently, the release of personal information collected from a child in identifiable form). Requires verifiable parental consent, under specified circumstances, for the collection, use, or disclosure of personal information of a child, including certain online contact information collected in response to a specific request from a child when such information is used to contact a different child. Prohibits, without verifiable parental consent in the case of a child or without consent of the minor in the case of a minor, an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that personal information being collected is from children or minors, from: (1) using, disclosing to third parties, or compiling personal information collected from children or minors for targeted marketing purposes; and (2) collecting geolocation information in a manner that violates the regulations prescribed under this title. Defines a "minor" as an individual over the age of 12 and under the age of 16. Prohibits an operator from discontinuing service provided to a child or minor on the basis of a refusal, by the child's parent or the minor, to permit the further use or maintenance in retrievable form, or future collection, of certain personal or geolocation information from such individuals, to the extent that the operator is capable of providing such service without such information. Requires an operator of a website, online service, online application, or mobile application directed to children or minors to treat all users as children or minors for purposes of this title, except as permitted by regulation. Prohibits an operator of a website, online service, or such applications directed to minors from collecting personal information from minors unless such operator has adopted, and complies with, a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles established by this title. Requires the FTC to promulgate regulations that require operators to implement mechanisms that permit a user to erase content submitted by such user that is publicly available through such websites, services, or applications and that contains or displays personal information of children or minors. Sets forth enforcement provisions for the FTC, other federal agencies, and states.
To establish a regulatory framework for the comprehensive protection of personal data for individuals under the aegis of the Federal Trade Commission, to amend the Children's Online Privacy Protection Act of 1998 to improve provisions relating to collection, use, and disclosure of personal information of children, and for other purposes. 1. Table of contents The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I—Commercial privacy Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Definitions. Subtitle A—Right to security and accountability Sec. 111. Security. Sec. 112. Accountability. Sec. 113. Privacy by design. Subtitle B—Right to notice and individual participation Sec. 121. Transparent notice of practices and purposes. Sec. 122. Individual participation. Subtitle C—Rights relating to data minimization, constraints on distribution, and data integrity Sec. 131. Data minimization. Sec. 132. Constraints on distribution of information. Sec. 133. Data integrity. Subtitle D—Right to notice of breaches of security Sec. 141. Definitions. Sec. 142. Notice to individuals. Sec. 143. Notice to law enforcement. Subtitle E—Enforcement Sec. 151. General application. Sec. 152. Enforcement by the Federal Trade Commission. Sec. 153. Enforcement by Attorney General. Sec. 154. Enforcement by States. Sec. 155. Civil penalties. Sec. 156. Effect on other laws. Sec. 157. No private right of action. Subtitle F—Co-Regulatory safe harbor programs Sec. 161. Establishment of safe harbor programs. Sec. 162. Participation in safe harbor program. Subtitle G—Application with other Federal laws Sec. 171. Application with other Federal laws. Subtitle H—Development of commercial data privacy policy in the Department of Commerce Sec. 181. Direction to develop commercial data privacy policy. TITLE II—Online privacy of children Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Definitions. Sec. 204. Online collection, use, and disclosure of personal information of children. Sec. 205. Targeted marketing to children or minors. Sec. 206. Digital Marketing Bill of Rights for Teens and Fair Information Practices Principles. Sec. 207. Online collection of geolocation information of children and minors. Sec. 208. Removal of content. Sec. 209. Enforcement and applicability. Sec. 210. Rule for treatment of users of websites, services, and applications directed to children or minors. Sec. 211. Effective dates. I Commercial privacy 101. Short title This title may be cited as the Commercial Privacy Bill of Rights Act of 2014 102. Findings The Congress finds the following: (1) Personal privacy is worthy of protection through appropriate legislation. (2) Trust in the treatment of personally identifiable information collected on and off the Internet is essential for businesses to succeed. (3) Persons interacting with others engaged in interstate commerce have a significant interest in their personal information, as well as a right to control how that information is collected, used, stored, or transferred. (4) Persons engaged in interstate commerce and collecting personally identifiable information on individuals have a responsibility to treat that information with respect and in accordance with common standards. (5) On the day before the date of the enactment of this Act, the laws of the Federal Government and State and local governments provided inadequate privacy protection for individuals engaging in and interacting with persons engaged in interstate commerce. (6) As of the day before the date of the enactment of this Act, with the exception of Federal Trade Commission enforcement of laws against unfair and deceptive practices, the Federal Government has eschewed general commercial privacy laws in favor of industry self-regulation, which has led to several self-policing schemes, some of which are enforceable, and some of which provide insufficient privacy protection to individuals. (7) As of the day before the date of the enactment of this Act, many collectors of personally identifiable information have yet to provide baseline fair information practice protections for individuals. (8) The ease of gathering and compiling personal information on the Internet and off, both overtly and surreptitiously, is becoming increasingly efficient and effortless due to advances in technology which have provided information gatherers the ability to compile seamlessly highly detailed personal histories of individuals. (9) Personal information requires greater privacy protection than is available on the day before the date of the enactment of this Act. Vast amounts of personal information, including sensitive information, about individuals are collected on and off the Internet, often combined and sold or otherwise transferred to third parties, for purposes unknown to an individual to whom the personally identifiable information pertains. (10) Toward the close of the 20th century, as individuals' personal information was increasingly collected, profiled, and shared for commercial purposes, and as technology advanced to facilitate these practices, Congress enacted numerous statutes to protect privacy. (11) Those statutes apply to the government, telephones, cable television, e-mail, video tape rentals, and the Internet (but only with respect to children and law enforcement requests). (12) As in those instances, the Federal Government has a substantial interest in creating a level playing field of protection across all collectors of personally identifiable information, both in the United States and abroad. (13) Enhancing individual privacy protection in a balanced way that establishes clear, consistent rules, both domestically and internationally, will stimulate commerce by instilling greater consumer confidence at home and greater confidence abroad as more and more entities digitize personally identifiable information, whether collected, stored, or used online or offline. 103. Definitions (a) In general Subject to subsection (b), in this title: (1) Commission The term Commission (2) Covered entity The term covered entity (3) Covered information (A) In general Except as provided in subparagraph (B), the term covered information (i) Personally identifiable information. (ii) Unique identifier information. (iii) Any information that is collected, used, or stored in connection with personally identifiable information or unique identifier information in a manner that may reasonably be used by the party collecting the information to identify a specific individual. (B) Exception The term covered information (i) Personally identifiable information obtained from public records that is not merged with covered information gathered elsewhere. (ii) Personally identifiable information that is obtained from a forum— (I) where the individual voluntarily shared the information or authorized the information to be shared; and (II) that— (aa) is widely and publicly available and was not made publicly available in bad faith; and (bb) contains no restrictions on who can access and view such information. (iii) Personally identifiable information reported in public media. (iv) Personally identifiable information dedicated to contacting an individual at the individual's place of work. (4) Established business relationship The term established business relationship (5) Personally identifiable information The term personally identifiable information (A) Any of the following information about an individual: (i) The first name (or initial) and last name of an individual, whether given at birth or time of adoption, or resulting from a lawful change of name. (ii) The postal address of a physical place of residence of such individual. (iii) An e-mail address. (iv) A telephone number or mobile device number. (v) A social security number or other government issued identification number issued to such individual. (vi) The account number of a credit card issued to such individual. (vii) Unique identifier information that alone can be used to identify a specific individual. (viii) Biometric data about such individual, including fingerprints and retina scans. (B) If used, transferred, or stored in connection with 1 or more of the items of information described in subparagraph (A), any of the following: (i) A date of birth. (ii) The number of a certificate of birth or adoption. (iii) A place of birth. (iv) Unique identifier information that alone cannot be used to identify a specific individual. (v) Precise geographic location, at the same degree of specificity as a global positioning system or equivalent system, and not including any general geographic information that may be derived from an Internet Protocol address. (vi) Information about an individual's quantity, technical configuration, type, destination, location, and amount of uses of voice services, regardless of technology used. (vii) Any other information concerning an individual that may reasonably be used by the party using, collecting, or storing that information to identify that individual. (6) Sensitive personally identifiable information The term sensitive personally identifiable information (A) personally identifiable information which, if lost, compromised, or disclosed without authorization either alone or with other information, carries a significant risk of economic or physical harm; or (B) information related to— (i) a particular medical condition or a health record; or (ii) the religious affiliation of an individual. (7) Third party (A) In general The term third party (i) is— (I) not related to the covered entity by common ownership or corporate control; or (II) related to the covered entity by common ownership or corporate control and an ordinary consumer would not understand that the covered entity and the person were related by common ownership or corporate control; (ii) is not a service provider used by the covered entity to receive personally identifiable information or sensitive personally identifiable information in performing services or functions on behalf of and under the instruction of the covered entity; and (iii) with respect to the collection of covered information of an individual, does not have an established business relationship with the individual and does not identify itself to the individual at the time of such collection in a clear and conspicuous manner that is visible to the individual. (B) Common brands The term third party (8) Unauthorized use (A) In general The term unauthorized use (B) Exceptions Except as provided in subparagraph (C), the term unauthorized use (i) To process and enforce a transaction or deliver a service requested by that individual. (ii) To operate the covered entity that is providing a transaction or delivering a service requested by that individual, such as inventory management, financial reporting and accounting, planning, and product or service improvement or forecasting. (iii) To prevent or detect fraud or to provide for a physically or virtually secure environment. (iv) To investigate a possible crime. (v) That is required by a provision of law or legal process. (vi) To market or advertise to an individual from a covered entity within the context of a covered entity's own Internet website, services, or products if the covered information used for such marketing or advertising was— (I) collected directly by the covered entity; or (II) shared with the covered entity— (aa) at the affirmative request of the individual; or (bb) by an entity with which the individual has an established business relationship. (vii) Use that is necessary for the improvement of transaction or service delivery through research, testing, analysis, and development. (viii) Use that is necessary for internal operations, including the following: (I) Collecting customer satisfaction surveys and conducting customer research to improve customer service information. (II) Information collected by an Internet website about the visits to such website and the click-through rates at such website— (aa) to improve website navigation and performance; or (bb) to understand and improve the interaction of an individual with the advertising of a covered entity. (ix) Use— (I) by a covered entity with which an individual has an established business relationship; (II) which the individual could have reasonably expected, at the time such relationship was established, was related to a service provided pursuant to such relationship; and (III) which does not constitute a material change in use or practice from what could have reasonably been expected. (C) Savings A use of covered information regarding an individual by a covered entity or its service provider may only be excluded under subparagraph (B) from the definition of unauthorized use (9) Unique identifier information The term unique identifier information (b) Modified definition by rulemaking If the Commission determines that a term defined in any of paragraphs (3) through (8) is not reasonably sufficient to protect an individual from unfair or deceptive acts or practices, the Commission may by rule modify such definition as the Commission considers appropriate to protect such individual from an unfair or deceptive act or practice to the extent that the Commission determines will not unreasonably impede interstate commerce. A Right to security and accountability 111. Security (a) Rulemaking required Not later than 180 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity to carry out security measures to protect the covered information it collects and maintains. (b) Proportion The requirements prescribed under subsection (a) shall provide for security measures that are proportional to the size, type, nature, and sensitivity of the covered information a covered entity collects. (c) Consistency The requirements prescribed under subsection (a) shall be consistent with guidance provided by the Commission and recognized industry practices for safety and security on the day before the date of the enactment of this Act. (d) Technological means In a rule prescribed under subsection (a), the Commission may not require a specific technological means of meeting a requirement. 112. Accountability Each covered entity shall, in a manner proportional to the size, type, and nature of the covered information it collects— (1) have managerial accountability, proportional to the size and structure of the covered entity, for the adoption and implementation of policies consistent with this title; (2) have a process to respond to non-frivolous inquiries from individuals regarding the collection, use, transfer, or storage of covered information relating to such individuals; and (3) describe the means of compliance of the covered entity with the requirements of this Act upon request from— (A) the Commission; or (B) an appropriate safe harbor program established under section 151. 113. Privacy by design Each covered entity shall, in a manner proportional to the size, type, and nature of the covered information that it collects, implement a comprehensive information privacy program by— (1) incorporating necessary development processes and practices throughout the product life cycle that are designed to safeguard the personally identifiable information that is covered information of individuals based on— (A) the reasonable expectations of such individuals regarding privacy; and (B) the relevant threats that need to be guarded against in meeting those expectations; and (2) maintaining appropriate management processes and practices throughout the data life cycle that are designed to ensure that information systems comply with— (A) the provisions of this title; (B) the privacy policies of a covered entity; and (C) the privacy preferences of individuals that are consistent with the consent choices and related mechanisms of individual participation as described in section 122. B Right to notice and individual participation 121. Transparent notice of practices and purposes (a) In general Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity— (1) to provide accurate, clear, concise, and timely notice to individuals of— (A) the practices of the covered entity regarding the collection, use, transfer, and storage of covered information; and (B) the specific purposes of those practices; (2) to provide accurate, clear, concise, and timely notice to individuals before implementing a material change in such practices; and (3) to maintain the notice required by paragraph (1) in a form that individuals can readily access. (b) Compliance and other considerations In the rulemaking required by subsection (a), the Commission— (1) shall consider the types of devices and methods individuals will use to access the required notice; (2) may provide that a covered entity unable to provide the required notice when information is collected may comply with the requirement of subsection (a)(1) by providing an alternative time and means for an individual to receive the required notice promptly; (3) may draft guidance for covered entities to use in designing their own notice and may include a draft model template for covered entities to use in designing their own notice; and (4) may provide guidance on how to construct computer-readable notices or how to use other technology to deliver the required notice. 122. Individual participation (a) In general Not later than 180 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity— (1) to offer individuals a clear and conspicuous mechanism for opt-in consent for any use of their covered information that would otherwise be unauthorized use; (2) to offer individuals a robust, clear, and conspicuous mechanism for opt-in consent for the use by third parties of the individuals' covered information for behavioral advertising or marketing; (3) to provide any individual to whom the personally identifiable information that is covered information pertains, and which the covered entity or its service provider stores, appropriate and reasonable— (A) access to such information; and (B) mechanisms to correct such information to improve the accuracy of such information; and (4) in the case that a covered entity enters bankruptcy or an individual requests the termination of a service provided by the covered entity to the individual or termination of some other relationship with the covered entity, to permit the individual to easily request that— (A) all of the personally identifiable information that is covered information that the covered entity maintains relating to the individual, except for information the individual authorized the sharing of or which the individual shared with the covered entity in a forum that is widely and publicly available, be rendered not personally identifiable; or (B) if rendering such information not personally identifiable is not possible, to cease the unauthorized use or transfer to a third party for an unauthorized use of such information or to cease use of such information for marketing, unless such unauthorized use or transfer is otherwise required by a provision of law. (b) Unauthorized use transfers In the rulemaking required by subsection (a), the Commission shall provide that with respect to transfers of covered information to a third party for which an individual provides opt-in consent, the third party to which the information is transferred may not use such information for any unauthorized use other than a use— (1) specified pursuant to the purposes stated in the required notice under section 121(a); and (2) authorized by the individual when the individual granted consent for the transfer of the information to the third party. (c) Alternative means To terminate use of covered information In the rulemaking required by subsection (a), the Commission shall allow a covered entity to provide individuals an alternative means, in lieu of the access, consent, and correction requirements, of prohibiting a covered entity from use or transfer of that individual's covered information. (d) Service providers (1) In general The use of a service provider by a covered entity to receive covered information in performing services or functions on behalf of and under the instruction of the covered entity does not constitute an unauthorized use of such information by the covered entity if the covered entity and the service provider execute a contract that requires the service provider to collect, use, and store the information on behalf of the covered entity in a manner consistent with— (A) the requirements of this title; and (B) the policies and practices related to such information of the covered entity. (2) Transfers between service providers for a covered entity The disclosure by a service provider of covered information pursuant to a contract with a covered entity to another service provider in order to perform the same service or functions for that covered entity does not constitute an unauthorized use. (3) Liability remains with covered entity A covered entity remains responsible and liable for the protection of covered information that has been transferred to a service provider for processing, notwithstanding any agreement to the contrary between a covered entity and the service provider. C Rights relating to data minimization, constraints on distribution, and data integrity 131. Data minimization Each covered entity shall— (1) collect only as much covered information relating to an individual as is reasonably necessary— (A) to process or enforce a transaction or deliver a service requested by such individual; (B) for the covered entity to provide a transaction or delivering a service requested by such individual, such as inventory management, financial reporting and accounting, planning, product or service improvement or forecasting, and customer support and service; (C) to prevent or detect fraud or to provide for a secure environment; (D) to investigate a possible crime; (E) to comply with a provision of law; (F) for the covered entity to market or advertise to such individual if the covered information used for such marketing or advertising was collected directly by the covered entity; or (G) for internal operations, including— (i) collecting customer satisfaction surveys and conducting customer research to improve customer service; and (ii) collection from an Internet website of information about visits and click-through rates relating to such website to improve— (I) website navigation and performance; and (II) the customer’s experience; (2) retain covered information for only such duration as— (A) with respect to the provision of a transaction or delivery of a service to an individual— (i) is necessary to provide such transaction or deliver such service to such individual; or (ii) if such service is ongoing, is reasonable for the ongoing nature of the service; or (B) is required by a provision of law; (3) retain covered information only for the purpose it was collected, or reasonably related purposes; and (4) exercise reasonable data retention procedures with respect to both the initial collection and subsequent retention. 132. Constraints on distribution of information (a) In general Each covered entity shall— (1) require by contract that any third party to which it transfers covered information use the information only for purposes that are consistent with— (A) the provisions of this title; and (B) as specified in the contract; (2) require by contract that such third party may not combine information that the covered entity has transferred to it, that relates to an individual, and that is not personally identifiable information with other information in order to identify such individual, unless the covered entity has obtained the opt-in consent of such individual for such combination and identification; and (3) before executing a contract with a third party— (A) assure through due diligence that the third party is a legitimate organization; and (B) in the case of a material violation of the contract, at a minimum notify the Commission of such violation. (b) Transfers to unreliable third parties prohibited A covered entity may not transfer covered information to a third party that the covered entity knows— (1) has intentionally or willfully violated a contract required by subsection (a); and (2) is reasonably likely to violate such contract. (c) Application of rules to third parties (1) In general Except as provided in paragraph (2), a third party that receives covered information from a covered entity shall be subject to the provisions of this Act as if it were a covered entity. (2) Exemption The Commission may, as it determines appropriate, exempt classes of third parties from liability under any provision of subtitle B if the Commission finds that— (A) such class of third parties cannot reasonably comply with such provision; or (B) with respect to covered information relating to individuals that is transferred to such class, compliance by such class with such provision would not sufficiently benefit such individuals. 133. Data integrity (a) In general Each covered entity shall attempt to establish and maintain reasonable procedures to ensure that personally identifiable information that is covered information and maintained by the covered entity is accurate in those instances where the covered information could be used to deny consumers benefits or cause significant harm. (b) Exception Subsection (a) shall not apply to covered information of an individual maintained by a covered entity that is provided— (1) directly to the covered entity by the individual; (2) to the covered entity by another entity at the request of the individual; (3) to prevent or detect fraud; or (4) to provide for a secure environment. D Right to notice of breaches of security 141. Definitions In this subtitle: (1) Breach of security (A) In general The term breach of security (B) Exclusions The term breach of security (i) a good faith acquisition of personally identifiable information by a covered entity, or an employee or agent of a covered entity, if the personally identifiable information is not subject to further use or unauthorized disclosure; (ii) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or an intelligence agency of the United States, a State, or a political subdivision of a State; or (iii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements. (2) Data in electronic form The term data in electronic form (3) Designated entity The term designated entity (4) Identity theft The term identity theft section 1028A (5) Major credit reporting agency The term major credit reporting agency 15 U.S.C. 1681a(p) (6) Service provider The term service provider 142. Notice to individuals (a) In general A covered entity that owns or possesses data in electronic form containing personally identifiable information, following the discovery of a breach of security of the system maintained by the covered entity that contains such information, shall notify— (1) each individual who is a citizen or resident of the United States and whose personally identifiable information has been, or is reasonably believed to have been, acquired or accessed from the covered entity as a result of the breach of security; and (2) the Commission, unless the covered entity has notified the designated entity under section 143. (b) Special notification requirements (1) Third parties In the event of a breach of security of a system maintained by a third party that has been contracted to maintain or process data in electronic form containing personally identifiable information on behalf of a covered entity who owns or possesses such data, the third party shall notify the covered entity of the breach of security. (2) Service providers If a service provider becomes aware of a breach of security of data in electronic form containing personally identifiable information that is owned or possessed by another covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, the service provider shall notify of the breach of security only the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. (3) Coordination of notification with credit reporting agencies (A) In general If a covered entity is required to provide notification to more than 5,000 individuals under subsection (a)(1), the covered entity also shall notify each major credit reporting agency of the timing and distribution of the notices, except when the only personally identifiable information that is the subject of the breach of security is the individual's first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. (B) Notice to credit reporting agencies before individuals Such notice shall be given to each credit reporting agency without unreasonable delay and, if it will not delay notice to the affected individuals, prior to the distribution of notices to the affected individuals. (c) Timeliness of notification (1) In general All notifications required under this section shall be made without unreasonable delay following the discovery by the covered entity of a security breach. (2) Reasonable delay (A) In general Reasonable delay under this subsection may include any time necessary to determine the scope of the security breach, prevent further disclosures, restore the reasonable integrity of the data system, and provide notice to law enforcement when required. (B) Extension (i) In general Except as provided in subsection (d), delay of notification shall not exceed 60 days following the discovery of the security breach, unless the covered entity requests an extension of time and the Commission determines in writing that additional time is reasonably necessary to determine the scope of the security breach, prevent further disclosures, restore the reasonable integrity of the data system, or to provide notice to the designated entity. (ii) Approval of request If the Commission approves the request for delay, the covered entity may delay the period for notification for additional periods of up to 30 days. (3) Burden of production The covered entity, third party, or service provider required to provide notice under this title shall, upon the request of the Commission provide records or other evidence of the notifications required under this subtitle, including to the extent applicable, the reasons for any delay of notification. (d) Method and content of notification (1) Direct notification (A) Method of direct notification Except as provided in paragraph (2), a covered entity shall be in compliance with the notification requirement under subsection (a)(1) if— (i) the covered entity provides conspicuous and clearly identified notification— (I) in writing; or (II) by e-mail or other electronic means if— (aa) the covered entity's primary method of communication with the individual is by e-mail or such other electronic means; or (bb) the individual has consented to receive notification by e-mail or such other electronic means and such notification is provided in a manner that is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001); and (ii) the method of notification selected under clause (i) can reasonably be expected to reach the intended individual. (B) Content of direct notification Each method of notification under subparagraph (A) shall include the following: (i) The date, estimated date, or estimated date range of the breach of security. (ii) A description of the personally identifiable information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security. (iii) A telephone number that an individual can use at no cost to the individual to contact the covered entity to inquire about the breach of security or the information the covered entity maintained about that individual. (iv) Notice that the individual may be entitled to consumer credit reports under subsection (e)(1). (v) Instructions how an individual can request consumer credit reports under subsection (e)(1). (vi) A telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency. (vii) A telephone number, that an individual can use at no cost to the individual, and an Internet website address to obtain information regarding identity theft from the Commission. (2) Substitute notification (A) Circumstances giving rise to substitute notification A covered entity required to provide notification to individuals under subsection (a)(1) may provide notification under this paragraph instead of paragraph (1) of this subsection if— (i) notification under paragraph (1) is not feasible due to lack of sufficient contact information for the individual required to be notified; or (ii) the covered entity owns or possesses data in electronic form containing personally identifiable information of fewer than 10,000 individuals and direct notification is not feasible due to excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity, as determined in accordance with the regulations issued by the Commission under paragraph (3)(A). (B) Method of substitute notification Notification under this paragraph shall include the following: (i) Conspicuous and clearly identified notification by e-mail to the extent the covered entity has an e-mail address for an individual who is entitled to notification under subsection (a)(1). (ii) Conspicuous and clearly identified notification on the Internet website of the covered entity if the covered entity maintains an Internet website. (iii) Notification to print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personally identifiable information was acquired or accessed reside. (C) Content of substitute notification Each method of notification under this paragraph shall include the following: (i) The date, estimated date, or estimated date range of the breach of security. (ii) A description of the types of personally identifiable information that were or are reasonably believed to have been acquired or accessed as a result of the breach of security. (iii) Notice that an individual may be entitled to consumer credit reports under subsection (e)(1). (iv) Instructions how an individual can request consumer credit reports under subsection (e)(1). (v) A telephone number that an individual can use at no cost to the individual to learn whether the individual's personally identifiable information is included in the breach of security. (vi) A telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency. (vii) A telephone number, that an individual can use at no cost to the individual, and an Internet website address to obtain information from the Commission regarding identity theft. (3) Regulations and guidance (A) Regulations concerning substitute notification (i) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall prescribe criteria for determining circumstances under which notification may be provided under paragraph (2), including criteria for determining whether providing notification under paragraph (1) is not feasible due to excessive costs to the covered entity required to provide such notification relative to the resources of such covered entity. (ii) Other circumstances The regulations required by clause (i) may also identify other circumstances in which notification under paragraph (2) would be appropriate, including circumstances under which the cost of providing direct notification exceeds the benefits to individuals. (B) Guidance (i) In general The Commission, in consultation with the Administrator of the Small Business Administration, shall publish and otherwise make available general guidance with respect to compliance with this subsection. (ii) Contents The guidance required by clause (i) shall include the following: (I) A description of written or e-mail notification that complies with paragraph (1). (II) Guidance on the content of notification under paragraph (2), including the extent of notification to print and broadcast media that complies with subparagraph (B)(iii) of such paragraph. (e) Other obligations following breach (1) In general Subject to the provisions of this subsection, not later than 60 days after the date of a request by an individual who received notification under subsection (a)(1) and quarterly thereafter for 2 years, a covered entity required to provide notification under such subsection to such individual shall provide, or arrange for the provision of, to such individual at no cost to such individual, consumer credit reports from at least 1 major credit reporting agency. (2) Limitation Paragraph (1) shall not apply if the only personally identifiable information that is the subject of the breach of security is the individual's first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. (3) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Commission shall prescribe the following: (A) Criteria for determining the circumstances under which a covered entity required to provide notification under subsection (a)(1) must provide or arrange for the provision of free consumer credit reports under this subsection. (B) A simple process under which a covered entity that is a small business concern or small nonprofit organization may request a full or a partial waiver or a modified or an alternative means of complying with this subsection if providing free consumer credit reports is not feasible due to excessive costs relative to the resources of such covered entity and relative to the level of harm, to affected individuals, caused by the breach of security. (4) Definitions In this subsection: (A) Small business concern The term small business concern 15 U.S.C. 632 (B) Small nonprofit organization The term small nonprofit organization (f) Delay of notification authorized for national security and law enforcement purposes (1) In general If the United States Secret Service or the Federal Bureau of Investigation determines that notification under this section would impede a criminal investigation or a national security activity, such notification shall be delayed upon written notice from the United States Secret Service or the Federal Bureau of Investigation to the covered entity that experienced the breach of security. The notification from the United States Secret Service or the Federal Bureau of Investigation shall specify the period of delay requested for national security or law enforcement purposes. (2) Subsequent delay of notification (A) In general If the notification required under subsection (a)(1) is delayed pursuant to paragraph (1), a covered entity shall give notice not more than 30 days after the day such law enforcement or national security delay was invoked unless a Federal law enforcement or intelligence agency provides written notification that further delay is necessary. (B) Written justification requirements (i) United States Secret Service If the United States Secret Service instructs a covered entity to delay notification under this section beyond the 30-day period set forth in subparagraph (A) (referred to in this clause as subsequent delay (ii) Federal Bureau of Investigation If the Federal Bureau of Investigation instructs a covered entity to delay notification under this section beyond the 30-day period set forth in subparagraph (A) (referred to in this clause as subsequent delay (3) Law enforcement immunity No cause of action shall lie in any court against any Federal agency for acts relating to the delay of notification for national security or law enforcement purposes under this subtitle. (g) General exemption (1) In general A covered entity shall be exempt from the requirements under this section if, following a breach of security, the covered entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. (2) FTC guidance Not later than 1 year after the date of the enactment of this Act, the Commission, after consultation with the Director of the National Institute of Standards and Technology, shall issue guidance regarding the application of the exemption under paragraph (1). (h) Exemptions for national security and law enforcement purposes (1) In general A covered entity shall be exempt from the notice requirements under this section if— (A) a determination is made— (i) by the United States Secret Service or the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement or intelligence investigations; or (ii) by the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to cause damage to the national security; and (B) the United States Secret Service or the Federal Bureau of Investigation, as the case may be, provides written notice of its determination under subparagraph (A) to the covered entity. (2) United States Secret Service If the United States Secret Service invokes an exemption under paragraph (1), the United States Secret Service shall submit written justification for invoking the exemption to the Secretary of Homeland Security before the exemption is invoked. (3) Federal Bureau of Investigation If the Federal Bureau of Investigation invokes an exemption under paragraph (1), the Federal Bureau of Investigation shall submit written justification for invoking the exemption to the Attorney General before the exemption is invoked. (4) Immunity No cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification for national security or law enforcement purposes under this subtitle. (5) Reports Not later than 540 days after the date of the enactment of this Act, and upon request by Congress thereafter, the United States Secret Service and the Federal Bureau of Investigation shall submit to Congress a report on the number and nature of breaches of security subject to the exemptions for national security and law enforcement purposes under this subsection. (i) Financial fraud prevention exemption (1) In general A covered entity shall be exempt from the notice requirements under this section if the covered entity utilizes or participates in a security program that— (A) effectively blocks the use of the personally identifiable information to initiate an unauthorized financial transaction before it is charged to the account of the individual; and (B) provides notice to each affected individual after a breach of security that resulted in attempted fraud or an attempted unauthorized transaction. (2) Limitations An exemption under paragraph (1) shall not apply if— (A) the breach of security includes personally identifiable information, other than a credit card number or credit card security code, of any type; or (B) the breach of security includes both the individual's credit card number and the individual's first and last name. (j) Financial institutions regulated by Federal functional regulators (1) In general A covered financial institution shall be deemed in compliance with this section if— (A) the Federal functional regulator with jurisdiction over the covered financial institution has issued a standard by regulation or guideline under title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (i) requires financial institutions within its jurisdiction to provide notification to individuals following a breach of security; and (ii) provides protections substantially similar to, or greater than, those required under this Act; and (B) the covered financial institution is in compliance with the standard under subparagraph (A). (2) Definitions In this subsection: (A) Covered financial institution The term covered financial institution (i) the data security requirements of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (ii) any implementing standard issued by regulation or guideline issued under that Act; and (iii) the jurisdiction of a Federal functional regulator under that Act. (B) Federal functional regulator The term Federal functional regulator 15 U.S.C. 6809 (C) Financial institution The term financial institution 15 U.S.C. 6809 (k) Exemption; health privacy (1) Covered entity or business associate under HITECH Act To the extent that a covered entity under this section acts as a covered entity or a business associate under section 13402 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17932 (2) Entity subject to HITECH Act To the extent that a covered entity under this section acts as a vendor of personal health records, a third party service provider, or other entity subject to section 13407 of the Health Information Technology for Economical and Clinical Health Act ( 42 U.S.C. 17937 (3) Limitation of statutory construction Nothing in this subtitle may be construed in any way to give effect to the sunset provision under section 13407(g)(2) of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17937(g)(2) (l) Internet website notice of Federal Trade Commission If the Commission, upon receiving notification of any breach of security that is reported to the Commission, finds that notification of the breach of security via the Commission's Internet website would be in the public interest or for the protection of consumers, the Commission shall place such a notice in a clear and conspicuous location on its Internet website. (m) FTC study on notification in languages in addition to English Not later than 1 year after the date of the enactment of this Act, the Commission shall conduct a study on the feasibility and advisability of requiring notification provided pursuant to subsection (d)(1) to be provided in a language in addition to English to individuals known to speak only such other language. 143. Notice to law enforcement (a) Designation of Government entity To receive notice Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall designate a Federal Government entity to receive notice under this section. (b) Notice to designated entity A covered entity shall notify the designated entity of a breach of security if— (1) the number of individuals whose personally identifiable information was, or is reasonably believed to have been, acquired or accessed as a result of the breach of security exceeds 10,000; (2) the breach of security involves a database, networked or integrated databases, or other data system containing the personally identifiable information of more than 1,000,000 individuals; (3) the breach of security involves databases owned by the Federal Government; or (4) the breach of security involves primarily personally identifiable information of individuals known to the covered entity to be employees or contractors of the Federal Government involved in national security or law enforcement. (c) Content of notices (1) In general Each notice under subsection (b) shall contain the following: (A) The date, estimated date, or estimated date range of the breach of security. (B) A description of the nature of the breach of security. (C) A description of each type of personally identifiable information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security. (D) A statement of each paragraph under subsection (b) that applies to the breach of security. (2) Construction Nothing in this section shall be construed to require a covered entity to reveal specific or identifying information about an individual as part of the notice under paragraph (1). (d) Notice by designated entity The designated entity shall promptly provide each notice it receives under subsection (b) to the following: (1) The United States Secret Service. (2) The Federal Bureau of Investigation. (3) The Commission. (4) The United States Postal Inspection Service, if the breach of security involves mail fraud. (5) The attorney general of each State affected by the breach of security. (6) Such other Federal agencies as the designated entity considers appropriate for law enforcement, national security, or data security purposes. (e) Timing of notices Notice under this section shall be delivered as follows: (1) Notice under subsection (b) shall be delivered as promptly as possible, but— (A) not less than 3 business days before notification to an individual under section 142(a)(1); and (B) not later than 10 days after the date of discovery of the events requiring notice. (2) Notice under subsection (d) shall be delivered as promptly as possible, but not later than 1 business day after the date that the designated entity receives notice of a breach of security from a covered entity. E Enforcement 151. General application The requirements of this title shall apply to any person who— (1) collects, uses, transfers, or stores covered information concerning more than 5,000 individuals during any consecutive 12-month period; and (2) is— (A) a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (B) a common carrier subject to the Communications Act of 1934 47 U.S.C. 151 et seq. Acts to regulate commerce Federal Trade Commission Act Federal Trade Commission Act (C) a nonprofit organization, including any organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code, notwithstanding the definition of the term Acts to regulate commerce Federal Trade Commission Act 15 U.S.C. 44 Federal Trade Commission Act 152. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A reckless or repetitive violation of a provision of this title, except section 143, shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act 15 U.S.C. 57a(a)(1)(B) (b) Powers of commission (1) In general Except as provided in paragraph (3), the Commission shall enforce this title, except section 143, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (2) Privileges and immunities Except as provided in paragraph (3), any person who violates a provision of this title, except section 143, shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (3) Common carriers and nonprofit organizations The Commission shall enforce this title, except section 143, with respect to common carriers and nonprofit organizations described in section 151 to the extent necessary to effectuate the purposes of this title as if such carriers and nonprofit organizations were persons over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (c) Rulemaking authority (1) Limitation In promulgating rules under this title, the Commission may not require the deployment or use of any specific products or technologies, including any specific computer software or hardware. (2) Administrative procedure The Commission shall promulgate regulations under this title in accordance with section 553 (d) Rule of construction Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law. 153. Enforcement by Attorney General (a) In general The Attorney General may bring a civil action in the appropriate United States district court against any covered entity that engages in conduct constituting a violation of section 143. (b) Penalties (1) In general Upon proof of such conduct by a preponderance of the evidence, a covered entity shall be subject to a civil penalty of not more than $1,000 per individual whose personally identifiable information was or is reasonably believed to have been accessed or acquired as a result of the breach of security that is the basis of the violation, up to a maximum of $100,000 per day while such violation persists. (2) Limitations The total amount of the civil penalty assessed under this subsection against a covered entity for acts or omissions relating to a single breach of security shall not exceed $3,000,000, unless the conduct constituting a violation of subtitle D was reckless or repeated, in which case an additional civil penalty of up to $3,000,000 may be imposed. (3) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of the enactment of this Act, and each year thereafter, the amounts specified in paragraphs (1) and (2) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (c) Injunctive actions If it appears that a covered entity has engaged, or is engaged, in any act or practice that constitutes a violation of subtitle D, the Attorney General may petition an appropriate United States district court for an order enjoining such practice or enforcing compliance with such subtitle. (d) Issuance of order A court may issue such an order under paragraph (c) if it finds that the conduct in question constitutes a violation of subtitle D. 154. Enforcement by States (a) Civil action In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by a covered entity who violates any part of this title in a manner that results in economic or physical harm to an individual or engages in a pattern or practice that violates any part of this title other than section 143, the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (1) to enjoin further violation of this title or a regulation promulgated under this title by the defendant; (2) to compel compliance with this title or a regulation promulgated under this title; or (3) for violations of this title or a regulation promulgated under this title to obtain civil penalties in the amount determined under section title. (b) Rights of Federal Trade Commission (1) Notice to Federal Trade Commission (A) In general Except as provided in subparagraph (C), the attorney general of a State shall notify the Commission in writing of any civil action under subsection (b), prior to initiating such civil action. (B) Contents The notice required by subparagraph (A) shall include a copy of the complaint to be filed to initiate such civil action. (C) Exception If it is not feasible for the attorney general of a State to provide the notice required by subparagraph (A), the State shall provide notice immediately upon instituting a civil action under subsection (b). (2) Intervention by Federal Trade Commission Upon receiving notice required by paragraph (1) with respect to a civil action, the Commission may— (A) intervene in such action; and (B) upon intervening— (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such action. (c) Preemptive action by Federal Trade Commission If the Commission institutes a civil action for violation of this title or a regulation promulgated under this title, no attorney general of a State may bring a civil action under subsection (a) against any defendant named in the complaint of the Commission for violation of this title or a regulation promulgated under this title that is alleged in such complaint. (d) Investigatory powers Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on such attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process (1) Venue Any action brought under subsection (a) may be brought in— (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 (B) another court of competent jurisdiction. (2) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. (f) Actions by other State officials (1) In general In addition to civil actions brought by attorneys general under subsection (a), any other officer of a State who is authorized by the State to do so may bring a civil action under subsection (a), subject to the same requirements and limitations that apply under this section to civil actions brought by attorneys general. (2) Savings provision Nothing in this section may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 155. Civil penalties (a) In general In an action brought under section 154, in addition to any other penalty otherwise applicable to a violation of this title or any regulation promulgated under this title, the following civil penalties shall apply: (1) Subtitle A violations A covered entity that recklessly or repeatedly violates subtitle A is liable for a civil penalty equal to the amount calculated by multiplying the number of days that the entity is not in compliance with such subtitle by an amount not to exceed $33,000. (2) Subtitle B violations A covered entity that recklessly or repeatedly violates subtitle B is liable for a civil penalty equal to the amount calculated by multiplying the number of days that such an entity is not in compliance with such subtitle, or the number of individuals for whom the entity failed to obtain consent as required by such subtitle, whichever is greater, by an amount not to exceed $33,000. (3) Subtitle D violations A covered entity that recklessly or repeatedly violates section 142 is liable for a civil penalty equal to the amount calculated by multiplying the number of violations of such section by an amount not to exceed $33,000. Each failure to send notification as required under such section to a resident of the State shall be treated as a separate violation. (b) Adjustment for inflation Beginning on the date that the Consumer Price Index for All Urban Consumers is first published by the Bureau of Labor Statistics that is after 1 year after the date of the enactment of this Act, and each year thereafter, each of the amounts specified in subsection (a) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (c) Maximum total liability Notwithstanding the number of actions which may be brought against a covered entity under section 154, the maximum civil penalty for which any covered entity may be liable under this section in such actions shall not exceed— (1) $6,000,000 for any related series of violations of any rule promulgated under subtitle A; (2) $6,000,000 for any related series of violations of subtitle B; and (3) $6,000,000 for any related series of violations of section 142. 156. Effect on other laws (a) Preemption of State laws The provisions of this title shall supersede any provisions of the law of any State relating to those entities covered by the regulations issued pursuant to this title, to the extent that such provisions relate to the collection, use, or disclosure of— (1) covered information addressed in this title; or (2) personally identifiable information or personal identification information addressed in provisions of the law of a State. (b) Unauthorized civil actions; certain State laws (1) Unauthorized actions No person other than a person specified in section 154 may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating this title or a regulation promulgated under this title. (2) Protection of certain state laws This title shall not be construed to preempt the applicability of— (A) State laws that address the collection, use, or disclosure of health information or financial information; or (B) other State laws to the extent that those laws relate to acts of fraud. (c) Rule of construction relating to required disclosures to government entities This title shall not be construed to expand or limit the duty or authority of a covered entity or third party to disclose personally identifiable information to a government entity under any provision of law. 157. No private right of action This title may not be construed to provide any private right of action. F Co-Regulatory safe harbor programs 161. Establishment of safe harbor programs (a) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish requirements for the establishment and administration of safe harbor programs under which a nongovernmental organization will administer a program that— (1) establishes a mechanism for participants to implement the requirements of this title with regards to— (A) certain types of unauthorized uses of covered information as described in paragraph (2); or (B) any unauthorized use of covered information; and (2) offers consumers a clear, conspicuous, persistent, and effective means of opting out of the transfer of covered information by a covered entity participating in the safe harbor program to a third party for— (A) behavioral advertising purposes; (B) location-based advertising purposes; (C) other specific types of unauthorized use; or (D) any unauthorized use. (b) Selection of nongovernmental organizations To administer program (1) Submittal of applications An applicant seeking to administer a program under the requirements established pursuant to subsection (a) shall submit to the Commission an application therefor at such time, in such manner, and containing such information as the Commission may require. (2) Notice and receipt of applications Upon completion of the rulemaking proceedings required by subsection (a), the Commission shall— (A) publish a notice in the Federal Register that it will receive applications for approval of safe harbor programs under this subtitle; and (B) begin receiving applications under paragraph (1). (3) Selection Not later than 270 days after the date on which the Commission receives a completed application under this subsection, the Commission shall grant or deny the application on the basis of the Commission's evaluation of the applicant’s capacity to provide protection of individuals’ covered information with regard to specific types of unauthorized uses of covered information as described in subsection (a)(2) that is substantially equivalent to or superior to the protection otherwise provided under this title. (4) Written findings Any decision reached by the Commission under this subsection shall be accompanied by written findings setting forth the basis for and reasons supporting such decision. (c) Scope of safe harbor protection The scope of protection offered by safe harbor programs approved by the Commission that establish mechanisms for participants to implement the requirements of the title only for certain uses of covered information as described in subsection (a)(2) shall be limited to participating entities’ use of those particular types of covered information. (d) Supervision by Federal Trade Commission (1) In general The Commission shall exercise oversight and supervisory authority of a safe harbor program approved under this section through— (A) ongoing review of the practices of the nongovernmental organization administering the program; (B) the imposition of civil penalties on the nongovernmental organization if it is not compliant with the requirements established under subsection (a); and (C) withdrawal of authorization to administer the safe harbor program under this subtitle. (2) Annual reports by nongovernmental organizations Each year, each nongovernmental organization administering a safe harbor program under this section shall submit to the Commission a report on its activities under this subtitle during the preceding year. 162. Participation in safe harbor program (a) Exemption Any covered entity that participates in, and demonstrates compliance with, a safe harbor program administered under section 161 shall be exempt from any provision of subtitle B or subtitle C if the Commission finds that the requirements of the safe harbor program are substantially the same as or more protective of privacy of individuals than the requirements of the provision from which the exemption is granted. (b) Limitation Nothing in this subtitle shall be construed to exempt any covered entity participating in a safe harbor program from compliance with any other requirement of the regulations promulgated under this title for which the safe harbor does not provide an exception. G Application with other Federal laws 171. Application with other Federal laws (a) Qualified exemption for persons subject to other Federal privacy laws If a person is subject to a provision of this title and a provision of a Federal privacy law described in subsection (d), such provision of this title shall not apply to such person to the extent that such provision of Federal privacy law applies to such person. (b) Protection of other Federal privacy laws Nothing in this title may be construed to modify, limit, or supersede the operation of the Federal privacy laws described in subsection (d) or the provision of information permitted or required, expressly or by implication, by such laws, with respect to Federal rights and practices. (c) Communications infrastructure and privacy If a person is subject to a provision of section 222 or 631 of the Communications Act of 1934 (47 U.S.C. 222 and 551) and a provision of this title, such provision of such section 222 or 631 shall not apply to such person to the extent that such provision of this title applies to such person. (d) Other Federal privacy laws described The Federal privacy laws described in this subsection are as follows: (1) Section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974). (2) The Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. (3) The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (4) The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. (5) The Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. (6) Title V of the Gramm-Leach-Bliley Act of 1999 ( 15 U.S.C. 6801 et seq. (7) Chapters 119, 123, and 206 of title 18, United States Code. (8) Section 2710 of title 18, United States Code. (9) Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (10) Section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h (11) The Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa et seq. (12) The regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 42 U.S.C. 1320d–2(a)(1) (13) The Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.). (14) Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 H Development of commercial data privacy policy in the Department of Commerce 181. Direction to develop commercial data privacy policy The Secretary of Commerce shall contribute to the development of commercial data privacy policy by— (1) convening private sector stakeholders, including members of industry, civil society groups, academia, in open forums, to develop codes of conduct in support of applications for safe harbor programs under subtitle F; (2) expanding interoperability between the United States commercial data privacy framework and other national and regional privacy frameworks; (3) conducting research related to improving privacy protection under this title; and (4) conducting research related to improving data sharing practices, including the use of anonymised data, and growing the information economy. II Online privacy of children 201. Short title This title may be cited as the Do Not Track Kids Act of 2014 202. Findings Congress finds the following: (1) Since the enactment of the Children’s Online Privacy Protection Act of 1998, the World Wide Web has changed dramatically, with the creation of tens of millions of websites, the proliferation of entirely new media platforms, and the emergence of a diverse ecosystem of services, devices, and applications that enable users to connect wirelessly within an online environment without being tethered to a desktop computer. (2) The explosive growth of the Internet ecosystem has unleashed a wide array of opportunities to learn, communicate, participate in civic life, access entertainment, and engage in commerce. (3) In addition to these significant benefits, the Internet also presents challenges, particularly with respect to the efforts of entities to track the online activities of children and minors and to collect, use, and disclose personal information about them, including their geolocation, for commercial purposes. (4) Children and teens are visiting numerous companies’ websites, and marketers are using multimedia games, online quizzes, and mobile phone and tablet applications to create ties to children and teens. (5) According to a study by the Wall Street Journal in 2010, websites directed to children and teens were more likely to use cookies and other tracking tools than sites directed to a general audience. (6) This study examined 50 popular websites for children and teens in the United States and found that these 50 sites placed 4,123 cookies, beacons, and other tracking tools on the test computer used for the study. (7) This is 30 percent greater than the number of such tracking tools that were placed on the test computer in a similar study of the 50 overall most popular websites in the United States, which are generally directed to adults. (8) Children and teens lack the cognitive ability to distinguish advertising from program content and to understand that the purpose of advertising is to persuade them, making them unable to activate the defenses on which adults rely. (9) Children and teens are less able than adults to understand the potential long-term consequences of having their information available to third parties, including advertisers, and other individuals. (10) According to Common Sense Media and the Center for Digital Democracy, 90 percent of teens have used some form of social media, 75 percent have a social networking site, and 51 percent check their social networking site at least once a day. (11) Ninety-one percent of parents and 91 percent of adults believe it is not okay for advertisers to collect information about a child’s location from that child’s mobile phone. (12) Ninety-four percent of parents and 91 percent of adults agree that advertisers should receive the parent’s permission before putting tracking software on a child’s computer. (13) Ninety-six percent of parents and 94 percent of adults expressed disapproval when asked if it is okay for a website to ask children for personal information about their friends (14) Eighty-eight percent of parents would support a law that requires search engines and social networking sites to get users’ permission before using their personal information. (15) A Commonsense Media/Zogby poll found that 94 percent of parents and 94 percent of adults believe individuals should have the ability to request the deletion, after a specific period of time, of all of their personal information held by an online search engine, social networking site, or marketing company. (16) According to a Pew/Berkman Center poll, 69 percent of parents of teens who engage in online activity are concerned about how that activity might affect their children’s future academic or employment opportunities. (17) Eighty-one percent of parents of teens who engage in online activity say they are concerned about how much information advertisers can learn about their children’s online activity. 203. Definitions (a) In general In this title: (1) Minor The term minor (2) Targeted marketing The term targeted marketing (A) based on the personal information of the individual or a unique identifier of the device; and (B) as a result of use by the individual, or access by the device, of a website, online service, online application, or mobile application. (b) Terms defined by Commission In this title, the terms directed to minors geolocation information section 553 Internet 15 U.S.C. 6501 et seq. (c) Other definitions The definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 section 553 204. Online collection, use, and disclosure of personal information of children (a) Definitions Section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 (1) by amending paragraph (2) to read as follows: (2) Operator The term operator (A) means any person who, for commercial purposes, in interstate or foreign commerce, operates or provides a website on the Internet, online service, online application, or mobile application, and who— (i) collects or maintains, either directly or through a service provider, personal information from or about the users of such website, service, or application; (ii) allows another person to collect personal information directly from users of such website, service, or application (in which case the operator is deemed to have collected the information); or (iii) allows users of such website, service, or application to publicly disclose personal information (in which case the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information for any purpose, except where such information is provided to a person other than an operator who provides support for the internal operations of the website, online service, online application, or mobile application of the operator and does not disclose or use that information for any other purpose; and ; and (B) in subparagraph (B), by striking website or online service website, online service, online application, or mobile application (3) in paragraph (8)— (A) by amending subparagraph (G) to read as follows: (G) information concerning a child or the parents of that child (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child and combines with an identifier described in subparagraphs (A) through (G). ; (B) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (C) by inserting after subparagraph (E) the following new subparagraph: (F) information (including an Internet protocol address) that permits the identification of an individual, the computer of an individual, or any other device used by an individual to access the Internet or an online service, online application, or mobile application; ; (4) by striking paragraph (10) and redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (5) by adding at the end the following new paragraph: (12) Online, online service, online application, mobile application, directed to children The terms online online service online application mobile application directed to children Commercial Privacy Bill of Rights Act of 2014 section 553 Internet online service . (b) Online collection, use, and disclosure of personal information of children Section 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 (1) by striking the heading and inserting the following: Online collection, use, and disclosure of personal information of children. (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b). ; and (B) in paragraph (2)— (i) by striking of such a website or online service (ii) by striking subsection (b)(1)(B)(iii) subsection (b)(1)(C)(iii) (3) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) In general Not later than 1 year after the date of the enactment of the Commercial Privacy Bill of Rights Act of 2014 section 553 (A) to provide clear and conspicuous notice in clear and plain language of the types of personal information the operator collects, how the operator uses such information, whether the operator discloses such information, and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children except in accordance with the regulations promulgated under this paragraph; (B) to obtain verifiable parental consent for the collection, use, or disclosure of personal information of a child; (C) to provide to a parent whose child has provided personal information to the operator, upon request by and proper identification of the parent— (i) a description of the specific types of personal information collected from the child by the operator; (ii) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child; and (iii) a means that is reasonable under the circumstances for the parent to obtain any personal information collected from the child, if such information is available to the operator at the time the parent makes the request; (D) not to condition participation in a game, or use of a website, service, or application, by a child on the provision by the child of more personal information than is reasonably required to participate in the game or use the website, service, or application; and (E) to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking paragraph (1)(A)(ii) paragraph (1)(B) (ii) in subparagraph (A), by inserting or to contact a different child to recontact the child (C) by amending paragraph (3) to read as follows: (3) Continuation of service The regulations shall prohibit an operator from discontinuing service provided to a child on the basis of refusal by the parent of the child, under the regulations prescribed under paragraph (1)(C)(ii), to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child, to the extent that the operator is capable of providing such service without such information. ; and (D) by adding at the end the following: (4) Rule for treatment of users of websites, services, and applications directed to children An operator of a website, online service, online application, or mobile application that is directed to children shall treat all users of such website, service, or application as children for purposes of this title, except as permitted by the Commission by a regulation promulgated under this title. . (c) Administration and applicability of Act Section 1306 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of by the appropriate Federal banking agency with respect to any insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsection: (f) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) 47 U.S.C. 153 (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 (47 U.S.C. 222; 338(i); 551) are inconsistent with this title, this title controls. . 205. Targeted marketing to children or minors (a) Acts prohibited It is unlawful for— (1) an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to use, disclose to third parties, or compile personal information for targeted marketing purposes without verifiable parental consent; or (2) an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to use, disclose to third parties, or compile personal information for targeted marketing purposes without the consent of the minor. (b) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section. 206. Digital Marketing Bill of Rights for Teens and Fair Information Practices Principles (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to collect personal information from a minor unless such operator has adopted and complies with a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles described in subsection (b). (b) Fair Information Practices Principles The Fair Information Practices Principles described in this subsection are the following: (1) Collection limitation principle Except as provided in paragraph (3), personal information should be collected from a minor only when collection of the personal information is— (A) consistent with the context of a particular transaction or service or the relationship of the minor with the operator, including collection necessary to fulfill a transaction or provide a service requested by the minor; or (B) required or specifically authorized by law. (2) Data quality principle The personal information of a minor should be accurate, complete, and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs (A) through (D) of paragraph (3). (3) Purpose specification principle The purposes for which personal information is collected should be specified to the minor not later than at the time of the collection of the information. The subsequent use or disclosure of the information should be limited to— (A) fulfillment of the transaction or service requested by the minor; (B) support for the internal operations of the website, service, or application, as described in section 312.2 (C) compliance with legal process or other purposes expressly authorized under specific legal authority; or (D) other purposes— (i) that are specified in a notice to the minor; and (ii) to which the minor has consented under paragraph (7) before the information is used or disclosed for such other purposes. (4) Retention limitation principle The personal information of a minor should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the minor or such other purposes specified in subparagraphs (A) through (D) of paragraph (3). The operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of such personal information. (5) Security safeguards principle The personal information of a minor should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure. (6) Openness principle (A) In general The operator should maintain a general policy of openness about developments, practices, and policies with respect to the personal information of a minor. The operator should provide each minor using the website, online service, online application, or mobile application of the operator with a clear and prominent means— (i) to identify and contact the operator, by, at a minimum, disclosing, clearly and prominently, the identity of the operator and— (I) in the case of an operator who is an individual, the address of the principal residence of the operator and an e-mail address and telephone number for the operator; or (II) in the case of any other operator, the address of the principal place of business of the operator and an e-mail address and telephone number for the operator; (ii) to determine whether the operator possesses any personal information of the minor, the nature of any such information, and the purposes for which the information was collected and is being retained; (iii) to obtain any personal information of the minor that is in the possession of the operator from the operator, or from a person specified by the operator, within a reasonable time after making a request, at a charge (if any) that is not excessive, in a reasonable manner, and in a form that is readily intelligible to the minor; (iv) to challenge the accuracy of personal information of the minor that is in the possession of the operator; and (v) if the minor establishes the inaccuracy of personal information in a challenge under clause (iv), to have such information erased, corrected, completed, or otherwise amended. (B) Limitation Nothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority. (7) Individual participation principle The operator should— (A) obtain consent from a minor before using or disclosing the personal information of the minor for any purpose other than the purposes described in subparagraphs (A) through (C) of paragraph (3); and (B) obtain affirmative express consent from a minor before using or disclosing previously collected personal information of the minor for purposes that constitute a material change in practice from the original purposes specified to the minor under paragraph (3). (c) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section, including regulations further defining the Fair Information Practices Principles described in subsection (b). 207. Online collection of geolocation information of children and minors (a) Acts prohibited (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that geolocation information being collected is from a child or minor, to collect geolocation information from a child or minor in a manner that violates the regulations prescribed under subsection (b). (2) Disclosure to parent or minor protected Notwithstanding paragraph (1), neither an operator nor the operator’s agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of geolocation information under subparagraph (C)(ii)(III) or (D)(ii)(III) of subsection (b)(1). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 (A) to provide clear and conspicuous notice in clear and plain language of any geolocation information the operator collects, how the operator uses such information, and whether the operator discloses such information; (B) to establish procedures or mechanisms to ensure that geolocation information is not collected from children or minors except in accordance with regulations promulgated under this paragraph; (C) in the case of collection of geolocation information from a child— (i) prior to collecting such information, to obtain verifiable parental consent; and (ii) after collecting such information, to provide to the parent of the child, upon request by and proper identification of the parent— (I) a description of the geolocation information collected from the child by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the child; and (III) a means that is reasonable under the circumstances for the parent to obtain any geolocation information collected from the child, if such information is available to the operator at the time the parent makes the request; and (D) in the case of collection of geolocation information from a minor— (i) prior to collecting such information, to obtain affirmative express consent from such minor; and (ii) after collecting such information, to provide to the minor, upon request— (I) a description of the geolocation information collected from the minor by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the minor; and (III) a means that is reasonable under the circumstances for the minor to obtain any geolocation information collected from the minor, if such information is available to the operator at the time the minor makes the request. (2) When consent not required The regulations promulgated under paragraph (1) shall provide that verifiable parental consent under subparagraph (C)(i) of such paragraph or affirmative express consent under subparagraph (D)(i) of such paragraph is not required when the collection of the geolocation information of a child or minor is necessary, to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. (3) Continuation of service The regulations promulgated under paragraph (1) shall prohibit an operator from discontinuing service provided to— (A) a child on the basis of refusal by the parent of the child, under subparagraph (C)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the child by the operator, to the extent that the operator is capable of providing such service without such information; or (B) a minor on the basis of refusal by the minor, under subparagraph (D)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the minor by the operator, to the extent that the operator is capable of providing such service without such information. (c) Inconsistent State law No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this section that is inconsistent with the treatment of those activities or actions under this section. 208. Removal of content (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application to make publicly available through the website, service, or application content or information that contains or displays personal information of children or minors in a manner that violates the regulations prescribed under subsection (b). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 (A) to the extent technologically feasible, to implement mechanisms that permit a user of the website, service, or application of the operator to erase or otherwise eliminate content or information submitted to the website, service, or application by such user that is publicly available through the website, service, or application and contains or displays personal information of children or minors; and (B) to take appropriate steps to make users aware of such mechanisms and to provide notice to users that such mechanisms do not necessarily provide comprehensive removal of the content or information submitted by such users. (2) Exception The regulations promulgated under paragraph (1) may not require an operator or third party to erase or otherwise eliminate content or information that— (A) any other provision of Federal or State law requires the operator or third party to maintain; or (B) was submitted to the website, service, or application of the operator by any person other than the user who is attempting to erase or otherwise eliminate such content or information, including content or information submitted by such user that was republished or resubmitted by another person. (3) Limitation Nothing in this section shall be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. 209. Enforcement and applicability (a) Enforcement by the Commission (1) In general Except as otherwise provided, this title and the regulations prescribed under this title shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (2) Unfair or deceptive acts or practices Subject to subsection (b), a violation of this title or a regulation prescribed under this title shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (3) Actions by the Commission (A) In general Subject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this title or a regulation prescribed under this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates this title or a regulation prescribed under this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Enforcement by certain other agencies Notwithstanding subsection (a), compliance with the requirements imposed under this title shall be enforced as follows: (1) Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 12 U.S.C. 1813 (2) Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. (3) Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. (4) Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. 7 U.S.C. 226 (5) Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. (c) Enforcement by States (1) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this title or a regulation prescribed under this title, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this title or such regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers For purposes of bringing any civil action under paragraph (1), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Preemptive action by Federal Trade Commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of this title, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (d) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) 47 U.S.C. 153 (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 (47 U.S.C. 222; 338(i); 551) are inconsistent with this title, this title controls. 210. Rule for treatment of users of websites, services, and applications directed to children or minors An operator of a website, online service, online application, or mobile application that is directed to children or minors shall treat all users of such website, service, or application as children or minors (as the case may be) for purposes of this title, except as permitted by the Commission by a regulation promulgated under this title. 211. Effective dates (a) In general Except as provided in subsections (b) and (c), this title and the amendments made by this title shall take effect on the date that is 1 year after the date of the enactment of this Act. (b) Authority To promulgate regulations The following shall take effect on the date of the enactment of this Act: (1) The amendments made by subsections (a)(5) and (b)(3)(A) of section 204. (2) Sections 205(b), 206(c), 207(b), and 208(b). (3) Subsections (b) and (c) of section 203. (c) Digital Marketing Bill of Rights for Teens Section 206, except for subsection (c) of such section, shall take effect on the date that is 180 days after the promulgation of regulations under such subsection.
Commercial Privacy Bill of Rights Act of 2014
Klamath Basin Water Recovery and Economic Restoration Act of 2014 - (Sec. 3) Authorizes, ratifies, and confirms: (1) the Hydroelectric Settlement (Settlement), the Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (Restoration Agreement), and the Upper Klamath Basin Comprehensive Agreement (Upper Basin Agreement), except as modified by this Act; and (2) any amendments to the Settlement, Restoration Agreement, or Upper Basin Agreement that are executed to make them consistent with this Act. Directs the Secretary of the Interior (Secretary), the Secretary of Commerce, and the Secretary of Agriculture to promptly execute and implement the Restoration Agreement. Directs the Secretary and the Secretary of Commerce to promptly execute and implement the Upper Basin Agreement. Directs the Secretary, the Secretary of Commerce, and the Federal Energy Regulatory Commission (FERC) to implement the Settlement to the extent that it does not conflict with this Act. (Sec. 4) Includes in the Klamath Reclamation Project's purposes irrigation, reclamation, flood control, municipal uses, industrial uses, power, fish and wildlife purposes, and National Wildlife Refuge purposes. Prohibits water allocations for fish and wildlife and National Wildlife Refuge purposes from adversely affecting water allocations for irrigation purposes, with the exception of allocations to refuges as provided for in the Restoration Agreement. Provides for the disposition of net revenues from the leasing of refuge land within the Tule Lake National Wildlife Refuge and the Lower Klamath National Wildlife Refuge. (Sec. 5) Authorizes the Klamath Tribes, and the United States acting as trustee for such Tribes, to make the commitments set forth in the Restoration Agreement and Upper Basin Agreement in consideration of: (1) the benefits those Agreements provide to the Tribes, and (2) the resolution of any contest or exception the Klamath Project Water Users and Off-Project Irrigators had to the Tribes' water rights claims. Authorizes the Karuk Tribe and Yurok Tribe to make the commitments set forth in the Restoration Agreement in consideration for the commitments of the Klamath Project Water Users described in that Agreement and the other benefits provided in that Agreement and this Act. Authorizes the Klamath Tribes, Karuk Tribe, Yurok Tribe, and any other federally recognized tribes of the Klamath Basin that become party to the Restoration Agreement after this Act's enactment to relinquish and release certain claims against the United States. (Sec. 6) Amends the Klamath Basin Water Supply Enhancement Act of 2000 to authorize the Secretary, consistent with the Agreements, to carry out any activities to: align water supplies with demand, including activities to reduce water consumption and demand; limit the net costs of power used to manage water for the Klamath Project, the On-Project Power Users, irrigators in the Off-Project Area, and the Klamath Basin National Wildlife Refuge Complex; and restore any ecosystem and otherwise protect fish and wildlife in the Klamath Basin watershed, including tribal fishery resources held in trust. (Sec. 7) Establishes in the Treasury the Klamath Tribes Tribal Resource Fund to be managed, invested, and administered by the Secretary for the benefit of the Klamath Tribes in accordance with the Upper Basin Agreement. Authorizes the Klamath Tribes to submit a tribal investment plan that, if approved by the Secretary, would allow funds from the Fund to be disbursed to the Tribes for investment in accordance with that plan. Requires the Klamath Tribes to submit for the Secretary's approval an economic development plan for the use of the Fund. Requires that plan to include a resource acquisition and enhancement plan that requires at least 50% of the amount appropriated each fiscal year for the Fund to be used to enhance, restore, and utilize the natural resources of the Tribes in a manner that also provides for the Tribes' economic development and benefits adjacent non-Indian communities. Prohibits any amount in the Fund or revenue from any water use contract from being distributed to any member of the Klamath Tribes on a per capita basis. Requires the Tribes to make the commitments set forth in the Agreements and to be in substantial compliance with those commitments before amounts in the Fund are disbursed. Directs the Secretary to submit annual reports to Congress on the operation of the Fund. Authorizes appropriations for the Fund. (Sec. 8) Directs the Governors of Oregon and California and the Secretary, in accordance with the Settlement, to jointly: (1) determine whether to proceed with the removal of the Iron Gate Dam, the Copco No. 1 Dam, the Copco No. 2 Dam, and the J.C. Boyle Dam on the Klamath River based on, but not limited to, factors identified in the Settlement; and (2) designate a dam removal entity if they decide to proceed. Directs the Secretary and the Governors to: (1) report to Congress and make public a report on the determination and plan for facilities removal, and (2) report to Congress on the results of facilities removal within three years after facilities removal is completed. Requires the Secretary to accept title to the Keno Dam in Klamath County, Oregon, upon receiving notice that the dam removal entity is ready to remove the J.C. Boyle Dam. Terminates FERC's jurisdiction over the Keno Dam and makes it part of the Klamath Reclamation Project upon the Secretary's acceptance of title to it. Requires FERC to: (1) issue an order approving partial surrender of the license for the East Side and West Side Developments associated with the Link River Dam upon PacifiCorp's filing of an application for such surrender; and (2) resume timely consideration of the pending licensing application for the Fall Creek Development within 60 days after title to the Iron Gate Dam is transferred to the dam removal entity, regardless of whether PacifiCorp retains ownership of the Development. Transfers title to PacifiCorp's California hatchery facilities to California when the dam removal entity takes title to the Iron Gate Dam or such other time as may be agreed to by the Settlement parties. (Sec. 9) Authorizes the Secretary, the Secretary of Commerce, and the Secretary of Agriculture to enter into agreements with state, tribal, and local governments and private individuals and entities in order to implement the Act, the Settlement, and the Agreements. Requires priority to be given to the Yurok Tribe, the Karuk Tribe, the Klamath Tribes, and any other federally recognized tribes of the Klamath Basin that become party to the Restoration Agreement in awarding grants or contracts to implement the fisheries programs in that Agreement. Sets forth budgetary provisions. Requires the Secretary, the Secretary of Commerce, and the Secretary of Agriculture to report to Congress each fiscal year regarding the implementation of the Settlement and the Agreements.
To approve and implement the Klamath Basin agreements, to improve natural resource management, support economic development, and sustain agricultural production in the Klamath River Basin in the public interest and the interest of the United States, and for other purposes. 1. Short title This Act may be cited as the Klamath Basin Water Recovery and Economic Restoration Act of 2014 2. Definitions In this Act: (1) Agreement The term Agreement (A) the Restoration Agreement; and (B) the Upper Basin Agreement. (2) Commission The term Commission (3) Facilities removal The term facilities removal (A) physical removal of all or part of each facility to achieve, at a minimum, a free-flowing condition and volitional fish passage; (B) site remediation and restoration, including restoration of previously inundated land; (C) measures to avoid or minimize adverse downstream impacts; and (D) all associated permitting for the actions described in this paragraph. (4) Facility The term facility (A) Iron Gate Dam. (B) Copco No. 1 Dam. (C) Copco No. 2 Dam. (D) J.C. Boyle Dam. (5) Hydroelectric settlement The term Hydroelectric Settlement Klamath Hydroelectric Settlement Agreement (6) Joint management entity The term Joint Management Entity (A) is comprised of the Landowner Entity, the Klamath Tribes, the United States, and the State of Oregon; (B) represents the interests of the parties to the Upper Basin Agreement; and (C) is responsible for overseeing implementation of the Upper Basin Agreement, as described in section 7 of the Upper Basin Agreement. (7) Joint management entity technical team The term Joint Management Entity Technical Team (8) Keno facility The term Keno Facility (9) Klamath basin (A) In general The term Klamath Basin (B) Inclusions The term Klamath Basin (10) Klamath project (A) In general The term Klamath Project (B) Inclusions The term Klamath Project (11) Klamath project water users The term Klamath Project Water Users (12) Landowner entity The term Landowner Entity (13) Off-project area The term Off-Project Area (A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including the Wood River, Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and (B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. (14) Off-project irrigator The term Off-Project Irrigator (A) (i) a claimant for water rights for irrigation uses in the Off-Project Area in Oregon’s Klamath Basin Adjudication; or (ii) a holder of a State of Oregon water right permit or certificate for irrigation use in the Off-Project Area; and (B) a Party to the Upper Basin Agreement. (15) Oregon’s klamath basin adjudication The term Oregon’s Klamath Basin adjudication In the matter of the determination of the relative rights of the waters of the Klamath River, a tributary of the Pacific Ocean (16) Pacificorp The term PacifiCorp (17) Party tribes The term Party tribes (A) the Yurok Tribe; (B) the Karuk Tribe; (C) the Klamath Tribes; and (D) such other federally recognized tribes of the Klamath Basin as may become party to the Restoration Agreement after the date of enactment of this Act. (18) Restoration agreement The term Restoration Agreement Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (19) Riparian program The term Riparian Program (20) Secretary The term Secretary (21) Secretaries The term Secretaries (A) the Secretary of the Interior; (B) the Secretary of Commerce; and (C) the Secretary of Agriculture. (22) Settlements The term Settlements (A) the Hydroelectric Settlement; (B) the Restoration Agreement; and (C) the Upper Basin Agreement. (23) Upper basin agreement The term Upper Basin Agreement Upper Klamath Basin Comprehensive Agreement (24) Water use program The term Water Use Program 3. Authorization, execution, and implementation of settlements (a) Ratification of settlements (1) In general Except as modified by this Act, and to the extent that the Settlements do not conflict with this Act, the Settlements are authorized, ratified, and confirmed. (2) Amendments consistent with this act If any amendment is executed to make any of the Settlements consistent with this Act, the amendment is also authorized, ratified, and confirmed to the extent the amendment is consistent with this Act. (3) Further amendments If any amendment to any of the Settlements is executed by the parties to the applicable Settlement after the date of enactment of this Act, unless the Secretary, the Secretary of Commerce, or Secretary of Agriculture determines, not later than 90 days after the date on which the non-Federal parties agree to the amendment, that the amendment is inconsistent with this Act or other provisions of law, the amendment is also authorized, ratified, and confirmed to the extent the amendment— (A) is not inconsistent with this Act or other provisions of law; (B) is executed in a manner consistent with the terms of the applicable Settlement; and (C) does not require congressional approval pursuant to section 2116 of the Revised Statutes ( 25 U.S.C. 177 (b) Execution and implementation of settlements (1) The agreements (A) In general As authorized, ratified, and confirmed pursuant to subsection (a)— (i) the Secretary, the Secretary of Commerce, and the Secretary of Agriculture shall promptly execute and implement the Restoration Agreement; and (ii) the Secretary and the Secretary of Commerce shall promptly execute and implement the Upper Basin Agreement. (B) Effect of executing agreements Notwithstanding subsection (l), execution by the applicable Secretaries under subparagraph (A) of either Agreement shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) Participation in the upper basin agreement As provided for in the Upper Basin Agreement and as part of implementing the Upper Basin Agreement, the Secretary and the Secretary of Commerce may— (i) participate in the Water Use Program and in the Riparian Program; and (ii) serve as members of the Joint Management Entity representing the Bureau of Indian Affairs, the United States Fish and Wildlife Service, the United States Geological Survey, and the National Marine Fisheries Service of the Department of Commerce, with the Secretary serving as the voting member, as described in section 7.1.5 of the Upper Basin Agreement. (2) Hydroelectric settlement To the extent that the Hydroelectric Settlement does not conflict with this Act, the Secretary, the Secretary of Commerce, and the Commission shall implement the Hydroelectric Settlement, in consultation with other applicable Federal agencies. (c) Federal responsibilities To the extent consistent with the Settlements, this Act, and other provisions of law, the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission shall perform all actions necessary to carry out each responsibility of the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission, respectively, under the Settlements. (d) Environmental compliance In implementing the Settlements, the Secretaries and the Commission shall comply with— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) all other applicable law. (e) Publication of notice; effect of publication (1) Restoration agreement (A) Publication The Secretary shall publish the notice required by section 15.3.4.A or section 15.3.4.C of the Restoration Agreement, as applicable, in accordance with the Restoration Agreement. (B) Effect of publication Publication of the notice described in subparagraph (A) shall have the effects on the commitments, rights, and obligations of the Party tribes, the United States (as trustee for the federally recognized tribes of the Klamath Basin), and other parties to the Restoration Agreement as the rights and obligations that are provided for in the Restoration Agreement. (2) Upper basin agreement (A) Publication The Secretary shall publish the notice required by section 10.1 of the Upper Basin Agreement if all requirements of section 10 of the Upper Basin Agreement have been fulfilled, including the requirement for notice by the Klamath Tribes of the willingness of the Tribes to proceed with the Upper Basin Agreement following enactment of authorizing legislation as described in section 10.1.10 or 10.2 of the Upper Basin Agreement, as applicable, in accordance with the Upper Basin Agreement. (B) Effect of publication (i) Permanency On publication of the notice required under section 10.1 of the Upper Basin Agreement, the Upper Basin Agreement shall become permanent. (ii) Termination On publication of the notice required under section 10.2 of the Upper Basin Agreement, the Upper Basin Agreement shall terminate, according to the terms of that section. (3) Judicial review (A) In general Judicial review of a decision of the Secretary pursuant to this subsection shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (B) Deadline Any petition for review under this subparagraph shall be filed not later than 1 year after the date of publication of the notice required under this paragraph. (f) Eligibility for funds protected Notwithstanding any other provision of law, nothing in this Act or the implementation of the Settlements, other than as explicitly provided for in this Act or the Settlements— (1) restricts or alters the eligibility of any party to any of the Settlements, or of any Indian tribe, for the receipt of funds; or (2) shall be considered an offset against any obligations or funds in existence on the date of enactment of this Act, under any Federal or State law. (g) Tribal rights protected Nothing in this Act or the Settlements— (1) affects the rights of any Indian tribe outside the Klamath Basin; or (2) amends, alters, or limits the authority of the Indian tribes of the Klamath Basin to exercise any water rights the Indian tribes hold or may be determined to hold except as expressly provided in the Agreements. (h) Water rights (1) In general Except as specifically provided in this Act and the Settlements, nothing in this Act or the Settlements creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this Act. (2) No standard for quantification Nothing in this Act or the Settlements establishes any standard for the quantification of Federal reserved water rights or any water claims of any Indian tribe in any judicial or administrative proceeding. (i) Willing sellers Any acquisition of interests in land or water pursuant to either Agreement shall be from willing sellers. (j) No private right of action (1) In general Nothing in this Act confers on any person or entity not a party to the Settlements a private right of action or claim for relief to interpret or enforce this Act or the Settlements. (2) Other law This subsection does not alter or curtail any right of action or claim for relief under any other applicable law. (k) State courts Nothing in this Act expands the jurisdiction of State courts to review Federal agency actions or determine Federal rights. (l) Relationship to certain other federal law (1) In general Nothing in this Act amends, supersedes, modifies, or otherwise affects— (A) Public Law 88–567 ( 16 U.S.C. 695k et seq. (B) the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. (C) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (D) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (E) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. 33 U.S.C. 1344 33 U.S.C. 1344(r) (F) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (G) the Treaty between the United States and the Klamath and Moadoc Tribes and the Yahooskin Band of Snake Indians dated October 14, 1864 (16 Stat. 707); or (H) the Klamath Indian Tribe Restoration Act ( 25 U.S.C. 566 et seq. (2) Consistency The Agreements shall be considered consistent with subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 (3) Federal advisory committee act The actions of the Joint Management Entity and the Joint Management Entity Technical Team shall not be subject to the Federal Advisory Committee Act (m) Waiver of sovereign immunity by the United States Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriations Act, 1953 ( 43 U.S.C. 666 (n) Waiver of sovereign immunity by the party tribes Nothing in this Act waives or abrogates the sovereign immunity of the Party tribes. 4. Klamath project authorized purposes (a) Klamath project purposes (1) In general Subject to paragraph (2) and subsection (b), the purposes of the Klamath Project include— (A) irrigation; (B) reclamation; (C) flood control; (D) municipal; (E) industrial; (F) power; (G) fish and wildlife purposes; and (H) National Wildlife Refuge purposes. (2) Effect of fish and wildlife purposes (A) In general Subject to subparagraph (B), the fish and wildlife purposes of the Klamath Project authorized under paragraph (1) shall not adversely affect the irrigation purpose of the Klamath Project. (B) Water allocations and delivery Notwithstanding subparagraph (A), the water allocations and delivery to the National Wildlife Refuges provided for in the Restoration Agreement shall not constitute an adverse effect on the irrigation purpose of the Klamath Project for purposes of this paragraph. (b) Water rights adjudication For purposes of the determination of water rights in Oregon’s Klamath Basin adjudication, until the date on which the Appendix E–1 to the Restoration Agreement is filed in Oregon’s Klamath Basin adjudication pursuant to the Restoration Agreement, the purposes of the Klamath Project shall be the purposes in effect on the day before the date of enactment of this Act. (c) Disposition of net revenues from leasing of tule lake and lower klamath national wildlife refuge land Notwithstanding any other provision of law, net revenues from the leasing of refuge land within the Tule Lake National Wildlife Refuge and Lower Klamath National Wildlife Refuge under section 4 of Public Law 88–567 Kuchel Act (1) 10 percent of net revenues from land within the Tule Lake National Wildlife Refuge that are within the boundaries of Tulelake Irrigation District to Tulelake Irrigation District, as provided in article 4 of Contract No. 14–06–200–5954 and section 2(a) of the Act of August 1, 1956 (70 Stat. 799, chapter 828). (2) Such amounts as are necessary to counties as payments in lieu of taxes as provided in section 3 of Public Law 88–567 16 U.S.C. 695m (3) 20 percent of net revenues to the Klamath Basin National Wildlife Refuge Complex of the United States Fish and Wildlife Service, for wildlife management purposes on the Tule Lake National Wildlife Refuge and the Lower Klamath National Wildlife Refuge. (4) 10 percent of net revenues from land within the Lower Klamath National Wildlife Refuge that are within the boundaries of the Klamath Drainage District to Klamath Drainage District, for operation and maintenance responsibility for the Federal reclamation water delivery and drainage facilities within the boundaries of the Klamath Drainage District and the Lower Klamath National Wildlife Refuge exclusive of the Klamath Straits Drain, subject to a transfer agreement with the Bureau of Reclamation under which the Klamath Drainage District assumes the operation and maintenance duties of the Bureau of Reclamation for Klamath Drainage District (Area K) lease land exclusive of Klamath Straits Drain. (5) The remainder of net revenues to the Bureau of Reclamation for— (A) operation and maintenance costs of Link River and Keno Dams incurred by the United States; and (B) to the extent that the revenues received under this paragraph for any year exceed the costs described in subparagraph (A)— (i) future capital costs of the Klamath Project; or (ii) the Renewable Power Program described in section 17.7 of the Restoration Agreement, pursuant to an expenditure plan submitted to and approved by the Secretary. 5. Tribal commitments; release of claims (a) Actions by klamath tribes (1) Restoration agreement commitments acknowledged and agreed to In consideration for the resolution of any contest or exception of the Klamath Project Water Users to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon’s Klamath Basin adjudication), and for the other commitments of the Klamath Project Water Users described in the Restoration Agreement, and for other benefits described in the Restoration Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Restoration Agreement. (2) Upper basin agreement commitments acknowledged and agreed to In consideration for the resolution of any contest or exception of the Off-Project Irrigators to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon’s Klamath Basin adjudication), and for the other commitments of the Off-Project Irrigators described in the upper Basin Agreement, and for other benefits described in the Upper Basin Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Upper Basin Agreement. (3) No further action required Except as provided in subsection (c), the commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Klamath Tribes. (4) Additional commitments The Klamath Tribes (on behalf of the tribe and the members of the tribe) may make additional commitments and assurances in exchange for the resolution of its claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments and assurances shall be— (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the tribe and the members of the tribe in Oregon’s Klamath Basin adjudication) pursuant to subsection (f). (b) Actions by karuk tribe and yurok tribe (1) Commitments acknowledged and agreed to In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement, and other benefits described in the Restoration Agreement and this Act, the Karuk Tribe and the Yurok Tribe (on behalf of the tribe and the members of the tribe) may make the commitments provided in the Restoration Agreement. (2) No further action required Except as provided in subsection (c), the commitments described in paragraph (1) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Yurok Tribe or Karuk Tribe. (c) Release of claims by party tribes (1) In general Subject to paragraph (2), subsection (d), and the Agreements, but without otherwise affecting any right secured by a treaty, Executive order, or other law, the Party tribes (on behalf of the tribes and the members of the tribes) may relinquish and release certain claims against the United States (including any Federal agencies and employees) described in sections 15.3.5.A, 15.3.6.B.i, and 15.3.7.B.i of the Restoration Agreement and, in the case of the Klamath Tribes, section 2.5 of the Upper Basin Agreement. (2) Conditions The relinquishments and releases under paragraph (1) shall not take force or effect until the terms described in sections 15.3.5.C, 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 33.2.1 of the Restoration Agreement and sections 2.4 and 10 of the Upper Basin Agreement have been fulfilled. (d) Retention of rights of party tribes Notwithstanding subsections (a) through (c) or any other provision of this Act, the Party tribes (on behalf of the tribes and the members of the tribes) and the United States (acting as trustee for the Party tribes), shall retain— (1) all claims and rights described in sections 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restoration Agreement; and (2) any other claims and rights retained by the Party Tribes in negotiations pursuant to section 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Restoration Agreement. (e) Tolling of claims (1) In general Subject to paragraph (2), the period of limitation and time-based equitable defense relating to a claim described in subsection (c) shall be tolled during the period— (A) beginning on the date of enactment of this Act; and (B) ending on the earlier of— (i) the date on which the Secretary publishes the notice described in sections 15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of the Restoration Agreement; or (ii) December 1, 2030. (2) Effect of tolling Nothing in this subsection— (A) revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act; or (B) precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. (f) Actions of united states as trustee (1) Restoration agreement commitments authorized In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement and for other benefits described in the Restoration Agreement and this Act, the United States, acting as trustee for the federally recognized tribes of the Klamath Basin and the members of such tribes, may make the commitments provided in the Restoration Agreement. (2) Upper basin agreement commitments authorized In consideration for the commitments of the Off-Project Irrigators described in the Upper Basin Agreement and for other benefits described in the Upper Basin Agreement and this Act, the United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes, may make the commitments provided in the Upper Basin Agreement. (3) No further action The commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the United States. (4) Additional commitments The United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes in Oregon’s Klamath Basin Adjudication, may make additional commitments and assurances of rights in exchange for the resolution of the tribal water right claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments or assurances shall be— (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and the members of the tribe in Oregon’s Klamath Basin adjudication) under subsection (a)(3)(B). (g) Judicial review Judicial review of a decision of the Secretary concerning any right or obligation under section 15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 15.3.9 of the Restoration Agreement shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (h) Effect of section Nothing in this section— (1) affects the ability of the United States to take any action— (A) authorized by law to be taken in the sovereign capacity of the United States, including any law relating to health, safety, or the environment, including— (i) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (iii) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (iv) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (v) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (vi) regulations implementing the Acts described in this subparagraph; and (B) as trustee for the benefit of any federally recognized Indian tribe other than an Indian tribe of the Klamath Basin; (C) as trustee for the Party tribes to enforce the Agreements and this Act through such legal and equitable remedies as are available in an appropriate United States court or State court or administrative proceeding, including Oregon’s Klamath Basin adjudication; or (D) as trustee for the federally recognized Indian tribes of the Klamath Basin and the members of the tribes, in accordance with the Agreements and this Act— (i) to acquire water rights after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement); (ii) to use and protect water rights, including water rights acquired after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement), subject to the Agreements; or (iii) to claim a water right or continue to advocate for an existing claim for water rights in an appropriate United States court or State court or administrative proceeding, subject to the Agreements; (2) affects the treaty fishing, hunting, trapping, pasturing, or gathering right of any Indian tribe except to the extent expressly provided in this Act or the Agreements; or (3) affects any right, remedy, privilege, immunity, power, or claim not specifically relinquished and released under, or limited by, this Act or the Agreements. 6. Water and power provisions The Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: 4. Water management and planning activities (a) Definitions In this section: (1) Off-project area The term Off-Project Area (A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and (B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. (2) On-project power user The term On-Project Power User (3) Restoration agreement The term Restoration Agreement Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities Klamath Basin Water Recovery and Economic Restoration Act of 2014 (4) Upper basin agreement The term Upper Basin Agreement Upper Klamath Basin Comprehensive Agreement (b) Action by secretary The Secretary may carry out any activities, including by entering into an agreement or contract or otherwise making financial assistance available— (1) to align water supplies with demand, including activities to reduce water consumption and demand, consistent with the Restoration Agreement or the Upper Basin Agreement; (2) to limit the net costs of power used to manage water (including by arranging for delivery of Federal power, consistent with the Restoration Agreement and the Upper Basin Agreement) for— (A) the Klamath Project (within the meaning of section 2); (B) the On-Project Power Users; (C) irrigators in the Off-Project Area; and (D) the Klamath Basin National Wildlife Refuge Complex; and (3) to restore any ecosystem and otherwise protect fish and wildlife in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with Restoration Agreement and the Upper Basin Agreement. . 7. Klamath tribes tribal resource fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Klamath Tribes Tribal Resource Fund Fund (b) Transfers to fund The Fund shall consist of such amounts as are appropriated to the Fund under subsection (i), which shall be deposited in the Fund not later than 60 days after the amounts are appropriated and any interest under subsection (c) or (d). (c) Management by the secretary Absent an approved tribal investment plan under subsection (d) or an economic development plan under subsection (e), the Secretary shall manage, invest, and distribute all amounts in the Fund in a manner that is consistent with the investment authority of the Secretary under— (1) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (2) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (3) this section. (d) Investment by the klamath tribes (1) Investment plan (A) In general In lieu of the investment provided for in subsection (c), the Klamath Tribes may submit a tribal investment plan to the Secretary, applicable to all or part of the Fund, excluding the amounts described in subsection (e)(4)(A). (B) Approval Not later than 60 days after the date on which a tribal investment plan is submitted under subparagraph (A), the Secretary shall approve such investment plan if the Secretary finds that the plan— (i) is reasonable and sound; (ii) meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (iii) meets the requirements of this section. (C) Disapproval If the Secretary does not approve the tribal investment plan, the Secretary shall set forth in writing the particular reasons for the disapproval. (2) Disbursement If the tribal investment plan is approved by the Secretary, the funds involved shall be disbursed from the Fund to the Klamath Tribes to be invested by the Klamath Tribes in accordance with the approved tribal investment plan, subject to the requirements of this section. (3) Compliance The Secretary may take such steps as the Secretary determines to be necessary to monitor the compliance of a Tribe with an investment plan approved under paragraph (1)(B). (4) Limitation on liability The United States shall not be— (A) responsible for the review, approval, or audit of any individual investment under an approved investment plan; or (B) directly or indirectly liable with respect to any such investment, including any act or omission of the Klamath Tribes in managing or investing amounts in the Fund. (5) Requirements The principal and income derived from tribal investments carried out pursuant to an investment plan approved under subparagraph (B) shall be— (A) subject to the requirements of this section; and (B) expended only in accordance with an economic development plan approved under subsection (e). (e) Economic development plan (1) In general The Klamath Tribes shall submit to the Secretary an economic development plan for the use of the Fund, including the expenditure of any principal or income derived from management under subsection (c) or from tribal investments carried out under subsection (d). (2) Approval Not later than 60 days after the date on which an economic development plan is submitted under paragraph (1), the Secretary shall approve the economic development plan if the Secretary finds that the plan meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (3) Use of funds The economic development plan under this subsection shall— (A) require that the Klamath Tribes spend all amounts withdrawn from the Fund in accordance with this section; and (B) include such terms and conditions as are necessary to meet the requirements of this section. (4) Resource acquisition and enhancement plan The economic development plan shall include a resource acquisition and enhancement plan, which shall— (A) require that not less than 1/2 (B) be reasonably related to the protection, acquisition, enhancement, or development of natural resources for the benefit of the Klamath Tribes and members of the Klamath Tribes. (5) Modification Subject to the requirements of this Act and approval by the Secretary, the Klamath Tribes may modify a plan approved under this subsection. (6) Limitation on liability The United States shall not be directly or indirectly liable for any claim or cause of action arising from— (A) the approval of a plan under this paragraph; or (B) the use or expenditure by the Klamath Tribes of any amount in the Fund. (f) Limitation on per capita distributions No amount in the Fund (including any income accruing to the amount) and no revenue from any water use contract may be distributed to any member of the Klamath Tribes on a per capita basis. (g) Limitation on disbursement (1) In general Subject to paragraph (2), amounts in the Fund shall not be available for disbursement under this section until the Klamath Tribes— (A) make the commitments set forth in the Agreements; and (B) are determined by the Secretary to be in substantial compliance with those commitments. (2) Early disbursement Based on the unique history of the loss of reservation land by the Klamath Tribes through termination of Federal recognition and acknowledging that restoration of tribal land is essential to building the tribal economy and achieving self-determination, the Secretary may disburse funds to the Klamath Tribes prior to the satisfaction of the requirements of paragraph (1) on a determination by the Secretary that such funds are available and that early disbursement will support activities designed to increase employment opportunities for members of the Klamath Tribes. (3) Agreements Any such disbursement shall be in accordance with a written agreement between the Secretary and the Klamath Tribes that provides the following: (A) For any disbursement to purchase land that is to be placed in trust pursuant to section 6 of the Klamath Indian Tribe Restoration Act ( 25 U.S.C. 566d (B) For any disbursement to support economic activity and creation of tribal employment opportunities (including any rehabilitation of existing properties to support economic activities), the written agreement shall specify that if assurances made do not become permanent as described in section 15.3.3 of the Restoration Agreement and on publication of a notice by the Secretary pursuant to section 15.3.4.C of the Restoration Agreement or section 10.2 of the Upper Basin Agreement, any amounts disbursed from the Fund shall be repaid to the United States, without interest, in annual installments over a period not to exceed 40 years. (h) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in this section. (i) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and the appropriate authorizing committees of the Senate and the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (j) No third party rights This section does not create or vest rights or benefits for any party other than the Klamath Tribes and the United States. (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each fiscal year, not to exceed a total amount of $40,000,000. 8. Hydroelectric facilities (a) Secretarial determination (1) In general Subject to paragraph (3), in accordance with section 3 of the Hydroelectric Settlement, the Secretary shall— (A) as soon as practicable after the date of enactment of this Act, determine whether to proceed with facilities removal, based on whether facilities removal— (i) would advance restoration of the salmonid fisheries of the Klamath Basin; and (ii) is in the public interest, taking into account potential impacts on affected local communities and federally recognized Indian tribes; and (B) if the Secretary determines under subparagraph (A) to proceed with facilities removal, include in the determination the designation of a dam removal entity, subject to paragraph (6). (2) Basis for secretarial determination to proceed For purposes of making a determination under paragraph (1)(A), the Secretary, in cooperation with the Secretary of Commerce and other appropriate entities, shall— (A) use existing information; (B) conduct any necessary additional studies; (C) comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (D) take such other actions as the Secretary determines to be appropriate to support the determination of the Secretary under paragraph (1). (3) Conditions for secretarial determination to proceed The Secretary may not make or publish the determination under this subsection, unless the conditions specified in section 3.3.4 of the Hydroelectric Settlement have been satisfied. (4) Publication of notice The Secretary shall publish notification of the determination of the Secretary under this subsection in the Federal Register. (5) Judicial review of secretarial determination (A) In general For purposes of judicial review, the determination of the Secretary shall constitute a final agency action with respect to whether or not to proceed with facilities removal. (B) Petition for review (i) Filing (I) In general Judicial review of the determination of the Secretary and related actions to comply with environmental laws (including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. 16 U.S.C. 470 et seq. (II) Jurisdiction A petition for review under this paragraph may be filed only in the United States Court of Appeals for the District of Columbia Circuit or in the Ninth Circuit Court of Appeals. (III) Limitation A district court of the United States and a State court shall not have jurisdiction to review the determination of the Secretary or related actions to comply with environmental laws described in subclause (I). (ii) Deadline (I) In general Except as provided in subclause (II), any petition for review under this paragraph shall be filed not later than 60 days after the date of publication of the determination of the Secretary in the Federal Register. (II) Subsequent grounds If a petition is based solely on grounds arising after the date that is 60 days after the date of publication of the determination of the Secretary in the Federal Register, the petition for review under this subsection shall be filed not later than 60 days after the grounds arise. (C) Implementation Any action of the Secretary with respect to which review could have been obtained under this paragraph shall not be subject to judicial review in any action relating to the implementation of the determination of the Secretary or in proceedings for enforcement of the Hydroelectric Settlement. (D) Applicable standard and scope Judicial review of the determination of the Secretary shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (E) Nontolling The filing of a petition for reconsideration by the Secretary of an action subject to review under this subsection shall not— (i) affect the finality of the action for purposes of judicial review; (ii) extend the time within which a petition for judicial review under this subsection may be filed; or (iii) postpone the effectiveness of the action. (6) Requirements for dam removal entity A dam removal entity designated by the Secretary under paragraph (1)(B) shall— (A) have the capabilities for facilities removal described in section 7.1.1 of the Hydroelectric Settlement; and (B) be the Department of the Interior, except that the Secretary, consistent with section 3.3.4.E of the Hydroelectric Settlement, may designate a non-Federal dam removal entity if— (i) the Secretary, in the sole judgment and discretion of the Secretary, finds that the dam removal entity-designate— (I) is qualified; and (II) has the capabilities described in subparagraph (A); (ii) the States of California and Oregon have concurred in the finding under clause (i); and (iii) the dam removal entity-designate has committed, if so designated, to perform facilities removal within the State Cost Cap as described in section 4.1.3 of the Hydroelectric Settlement. (7) Responsibilities of dam removal entity The dam removal entity designated by the Secretary under paragraph (1)(B) shall have the responsibilities described in section 7.1.2 of the Hydroelectric Settlement. (b) Facilities removal (1) Applicability This subsection shall apply if— (A) the determination of the Secretary under subsection (a) provides for proceeding with facilities removal; (B) the State of California and the State of Oregon concur in the determination of the Secretary, in accordance with section 3.3.5 of the Hydroelectric Settlement; (C) the availability of non-Federal funds for the purposes of facilities removal is consistent with the Hydroelectric Settlement; and (D) the Hydroelectric Settlement has not terminated in accordance with section 8.11 of the Hydroelectric Settlement. (2) Non-federal funds (A) In general Notwithstanding title 31, United States Code, if the Department of the Interior is designated as the dam removal entity under subsection (a)(1)(B), the Secretary may accept, manage, and expend, without further appropriation, non-Federal funds for the purpose of facilities removal in accordance with sections 4 and 7 of the Hydroelectric Settlement. (B) Refund The Secretary may administer and refund any amounts described in subparagraph (A) received from the State of California in accordance with the requirements established by the State. (3) Agreements The dam removal entity may enter into agreements and contracts as necessary to assist in the implementation of the Hydroelectric Settlement. (4) Proceeding with facilities removal (A) In general The dam removal entity shall, consistent with the Hydroelectric Settlement— (i) develop a definite plan for facilities removal as described in section 7 of the Hydroelectric Settlement, including a schedule for facilities removal; (ii) obtain all permits, authorizations, entitlements, certifications, and other approvals necessary to implement facilities removal, including a permit under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (iii) implement facilities removal. (B) State and local laws (i) In general Except as provided in clause (ii), facilities removal shall be subject to applicable requirements of State and local laws relating to permits and other authorizations, to the extent the requirements are not in conflict with Federal law, including the determination of the Secretary under subsection (a) and the definite plan (including the schedule) for facilities removal authorized under this Act. (ii) Limitations Clause (i) shall not affect— (I) the authorities of the States regarding concurrence with the determination of the Secretary under subsection (a) in accordance with State law; or (II) the authority of a State public utility commission regarding funding of facilities removal. (iii) Jurisdiction The United States district courts shall have original jurisdiction over all claims regarding the consistency of State and local laws regarding permits and other authorizations, and of State and local actions pursuant to those laws, with the definite plan (including the schedule) for facilities removal authorized under this Act. (C) Acceptance of title to facilities (i) In general The dam removal entity may accept from PacifiCorp all rights, titles, permits, and other interests in the facilities and associated land, for facilities removal and for disposition of facility land (as provided in section 7.6.4 of the Hydroelectric Settlement) on providing to PacifiCorp a notice that the dam removal entity is ready to commence facilities removal in accordance with section 7.4.1 of the Hydroelectric Settlement. (ii) Non-federal dam removal entity Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 (D) Continued power generation (i) In general In accordance with an agreement negotiated under clause (ii), on transfer of title pursuant to subparagraph (C) and until the dam removal entity instructs PacifiCorp to cease the generation of power, PacifiCorp may continue, consistent with State law— (I) to generate, and retain title to, any power generated by the facilities in accordance with section 7 of the Hydroelectric Settlement; and (II) to transmit and use the power for the benefit of the customers of PacifiCorp under the jurisdiction of applicable State public utility commissions and the Commission. (ii) Agreement with dam removal entity As a condition of transfer of title pursuant to subparagraph (C), the dam removal entity shall enter into an agreement with PacifiCorp that provides for continued generation of power in accordance with clause (i). (5) Licenses and jurisdiction (A) Annual licenses (i) In general The Commission shall issue annual licenses authorizing PacifiCorp to continue to operate the facilities until PacifiCorp transfers title to all of the facilities. (ii) Termination The annual licenses shall terminate with respect to a facility on transfer of title for the facility from PacifiCorp to the dam removal entity. (iii) Staged removal (I) In general On transfer of title of any facility by PacifiCorp to the dam removal entity, annual license conditions shall no longer be in effect with respect to the facility. (II) Nontransfer of title Annual license conditions shall remain in effect with respect to any facility for which PacifiCorp has not transferred title to the dam removal entity to the extent compliance with the annual license conditions are not prevented by the removal of any other facility. (B) Jurisdiction The jurisdiction of the Commission under part I of the Federal Power Act ( 16 U.S.C. 792 et seq. (C) Relicensing (i) In general The Commission shall— (I) stay the proceeding of the Commission regarding the pending license application of PacifiCorp for Project No. 2082 for the period during which the Hydroelectric Settlement remains in effect; and (II) resume the proceeding and proceed to take final action on the new license application only if the Hydroelectric Settlement terminates pursuant to section 8.11 of the Hydroelectric Settlement. (D) Termination; limitations If the Hydroelectric Settlement is terminated pursuant to section 8.11 of the Hydroelectric Settlement, the Commission, in proceedings on the application for relicensing, shall not be bound by the record or findings of the Secretary relating to the determination of the Secretary or by the determination of the Secretary. (c) Liability protection (1) In general Notwithstanding any other Federal, State, local, or common law, PacifiCorp shall not be liable for any harm to an individual or entity, property, or the environment, or any damages resulting from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (2) Funding Notwithstanding any other Federal, State, local, or common law, no individual or entity contributing funds for facilities removal shall be held liable, solely by virtue of that funding, for any harm to an individual or entity, property, or the environment, or damages arising from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (3) Preemption Notwithstanding section 10(c) of the Federal Power Act ( 16 U.S.C. 803(c) (4) Effective date Liability protection under this subsection shall take effect as the protection relates to any particular facilities on transfer of title to the facility from PacifiCorp to the dam removal entity designated by the Secretary under subsection (a)(1)(B). (d) Facilities not removed (1) Keno facility (A) Transfer On notice that the dam removal entity is ready to commence removal of the J.C. Boyle Dam, the Secretary shall accept the transfer of title to the Keno Facility to the United States in accordance with section 7.5 of the Hydroelectric Settlement. (B) Effect of transfer On the transfer under subparagraph (A), and without further action by Congress— (i) the Keno Facility shall— (I) become part of the Klamath Reclamation Project; and (II) be operated and maintained in accordance with the Federal reclamation laws and this Act; and (ii) the jurisdiction of the Commission over the Keno Facility shall terminate. (2) East side and west side developments On filing by PacifiCorp of an application for surrender of the East Side and West Side Developments in Project No. 2082, the Commission shall issue an order approving partial surrender of the license for Project No. 2082, including any reasonable and appropriate conditions, as provided in section 6.4.1 of the Hydroelectric Settlement. (3) Fall creek Not later than 60 days after the date of the transfer of title to the Iron Gate Facility to the dam removal entity, the Commission shall resume timely consideration of the pending licensing application for the Fall Creek development pursuant to the Federal Power Act ( 16 U.S.C. 791a et seq. (4) Iron gate hatchery Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 (A) the time of transfer to the dam removal entity of title to the Iron Gate Dam; or (B) such other time as may be agreed to by the parties to the Hydroelectric Settlement. 9. Administration and funding (a) Agreements (1) In general The Secretaries may enter into such agreements (including contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements) with State, tribal, and local government agencies or private individuals and entities as the Secretary concerned consider to be necessary to carry out this Act and the Settlements, subject to such terms and conditions as the Secretary concerned considers to be necessary. (2) Tribal programs Consistent with paragraph (1) and section 32 of the Restoration Agreement, the Secretaries shall give priority to qualified Party tribes in awarding grants, contracts, or other agreements for purposes of implementing the fisheries programs described in part III of the Restoration Agreement. (b) Establishment of accounts There are established in the Treasury for the deposit of appropriations and other funds (including non-Federal donated funds) the following noninterest-bearing accounts: (1) The On-Project Plan and Power for Water Management Fund, to be administered by the Bureau of Reclamation. (2) The Water Use Retirement and Off-Project Reliance Fund, to be administered by the United States Fish and Wildlife Service. (3) The Klamath Drought Fund, to be administered by the National Fish and Wildlife Foundation. (c) Management (1) In general The accounts established by subsection (b) shall be managed in accordance with this Act and section 14.3 of the Restoration Agreement. (2) Transfers Notwithstanding section 1535 (d) Acceptance and expenditure of non-Federal funds (1) In general Notwithstanding title 31, United States Code, the Secretaries may accept and expend, without further appropriation, non-Federal funds, in-kind services, or property for purposes of implementing the Settlement. (2) Use The funds and property described in paragraph (1) may be expended or used, as applicable, only for the purpose for which the funds or property were provided. (e) Funds available until expended All funds made available for the implementation of the Settlements shall remain available until expended. (f) Termination of agreements If any Agreement terminates— (1) any appropriated Federal funds provided to a party that are unexpended at the time of the termination of the Agreement shall be returned to the general fund of the Treasury; and (2) any appropriated Federal funds provided to a party shall be treated as an offset against any claim for damages by the party arising under the Agreement. (g) Budget (1) In general The budget of the President shall include such requests as the President considers to be necessary for the level of funding for each of the Federal agencies to carry out the responsibilities of the agencies under the Settlements. (2) Crosscut budget Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Director of the Office of Management and Budget shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report containing— (A) an interagency budget crosscut report that displays the budget proposed for each of the Federal agencies to carry out the Settlements for the upcoming fiscal year, separately showing funding requested under preexisting authorities and new authorities provided by this Act; (B) a detailed accounting of all funds received and obligated by all Federal agencies responsible for implementing the Settlements; and (C) a budget for proposed actions to be carried out in the upcoming fiscal year by the applicable Federal agencies in the upcoming fiscal year. (h) Report to congress Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Secretaries shall submit to the appropriate authorizing committees of the Senate and the House of Representatives a report that describes— (1) the status of implementation of all of the Settlements; (2) expenditures during the preceding fiscal year for implementation of all of the Settlements; (3) the current schedule and funding levels that are needed to complete implementation of each of the Settlements; (4) achievements in advancing the purposes of complying with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (5) additional achievements in restoring fisheries under the Settlements; (6) the status of water deliveries for the preceding water year and projections for the upcoming water year for— (A) the Klamath Project and irrigators in the Off-Project Area pursuant to the Agreements; and (B) the National Wildlife Refuges in areas covered by the Agreements; (7) the status of achieving the goals of supporting sustainable agriculture production (including the goal of limiting net power costs for water management) and general economic development in the Klamath Basin; (8) the status of achieving the goal of supporting the economic development of the Party tribes; and (9) the assessment of the Secretaries of the progress being made toward completing implementation of all of the Settlements.
Klamath Basin Water Recovery and Economic Restoration Act of 2014
Freight Priorities Act - Declares the policy, objectives, and goals of the United States for improving the efficiency, operation, and security of the national freight network by leveraging investments and promoting partnerships that accomplish specified results. Requires metropolitan planning organizations to involve public port authorities in metropolitan freight transportation planning. Authorizes the Secretary of Transportation (DOT) to establish: (1) measures to assess the performance of a multimodal freight network in accordance with the national freight strategic plan, and (2) a pilot program for up to five urbanized areas to develop and deploy one or more pilot measures and targets to improve multimodal freight movement in densely populated and congested urban areas. Directs the Secretary to: (1) establish and support a national cooperative freight transportation research program, and (2) offer to enter into an agreement with the Transportation Research Board of the National Research Council of the National Academies to support and carry out administrative and management activities relating to governance of the research program. Requires the National Academies to select an advisory committee consisting of a representative cross-section of freight stakeholders, which shall recommend a national research agenda for the program.
To amend title 49, United States Code, to improve the national freight policy of the United States, and for other purposes. 1. Short title This Act may be cited as the Freight Priorities Act 2. National freight policy (a) In general Subtitle III of title 49, United States Code, is amended by adding at the end the following: 64 National freight policy 6401. National freight policy; measuring the performance of multimodal freight infrastructure (a) In general It is the policy of the United States to improve the efficiency, operation, and security of the national freight network by leveraging investments and promoting partnerships that— (1) advance interstate and foreign commerce; (2) promote economic competitiveness and job creation; (3) improve the safe and efficient mobility of goods; and (4) protect the public health and the environment. (b) Objectives; goals (1) Objectives The objectives of the national freight policy are— (A) to target investment in freight transportation projects that strengthen the economic competitiveness of the United States with a focus on domestic industries and businesses and the creation of high-value jobs; (B) to promote and advance energy conservation and the environmental sustainability of freight movements; (C) to facilitate and advance the safety and health of the public, including communities adjacent to freight movements; (D) to provide for systematic and balanced investment to improve the overall performance and reliability of the national freight network system to move freight, including ensuring trade facilitation and transportation system improvements are mutually supportive; (E) to promote partnerships between Federal, State, and local governments, the private sector, and other transportation stakeholders to leverage investments in freight transportation projects; and (F) to encourage adoption of operational policies, such as intelligent transportation systems, to improve the efficiency of freight-related transportation movements and infrastructure. (2) Goals The goals of the national freight policy are— (A) to reduce transportation infrastructure-related delays of goods and commodities entering into and out of international points of entry on an annual basis; (B) to increase travel time reliability on major freight corridors that connect major population centers to freight generators and international gateways on an annual basis; (C) to reduce by 10 percent the number of freight transportation-related fatalities by 2018; (D) to reduce national freight transportation-related carbon dioxide levels by 40 percent by 2030; (E) to reduce freight transportation-related air, water, and noise pollution and impacts on ecosystems and communities on an annual basis; and (F) to promote the inclusion of ports in freight network planning and project selection. . (b) Conforming amendment The analysis for subtitle III of title 49, United States Code, is amended by adding at the end the following: Chapter 64—National freight policy Sec. 6401. National freight policy; measuring the performance of multimodal freight infrastructure. . 3. Participation of public port authorities (a) Policies and purposes Section 5301(b) (1) in paragraph (7), by striking ; and (2) in paragraph (8), by striking the period at the end and inserting ; and (3) by adding at the end the following: (9) ensure that public port authorities are included in metropolitan freight transportation planning. . (b) Metropolitan transportation planning Section 5303(i)(6)(A) public ports, freight shippers, (c) Nonmetropolitan transportation planning Section 5304(g)(3) public ports, freight shippers, 4. Multimodal freight network (a) In general Subtitle III of title 49, United States Code (as amended by section 2), is amended by adding at the following: 65 Multimodal freight network 6501. Definitions In this chapter: (1) Metropolitan planning organization The term metropolitan planning organization section 134(b) (2) Secretary The term Secretary (3) Selected entity The term selected entity (4) Urbanized area The term urbanized area section 134(b) 6502. Multimodal freight network (a) Establishment of performance measures The Secretary may, in accordance with the national freight strategic plan developed under section 167(f) of title 23, establish measures to assess the performance of a multimodal freight network. (b) Multimodal freight performance pilot program (1) Establishment The Secretary shall establish a pilot program under which not more than 5 urbanized areas shall develop and deploy 1 or more pilot measures and targets to improve multimodal freight movement in densely populated and congested urban areas. (2) Locations The Secretary shall select not more than 5 locations, each of which represents an urbanized area of more than 1,000,000 individuals for the pilot program. (3) Selection The Secretary shall select entities or a combination of entities to carry out this subsection, which may include— (A) metropolitan planning organizations; (B) State departments of transportation; (C) multistate planning commissions; (D) freight advisory committees; and (E) other appropriate entities. (4) Entity designations Of the selected entities, the Secretary shall designate— (A) an entity that has previous successful use of freight performance measures and performance-based planning efforts as a mentor grantee; and (B) an entity that has limited or no successful previous experience in freight performance measures and performance-based planning efforts as a novice grantee. (5) Pilot program activities (A) Multimodal freight infrastructure performance baseline Not later than 180 days after the date on which the Secretary selects a pilot program location, the applicable selected entity shall develop a baseline of freight transportation assets within the urbanized area that describes— (i) the condition of key highway, rail, seaport, airport, barge, and intermodal facilities that handle freight; (ii) bottlenecks in the freight system that cause delays and unreliability in freight movements; (iii) the speed, reliability, and costs of moving goods through the metropolitan area; (iv) the degree to which transport of freight affects surrounding communities, including public health and air quality; and (v) the degree to which the intermodal freight network provides economic opportunities to local communities, including jobs at ports and other intermodal freight facilities. (B) Performance indicators The Secretary shall work with selected entities at pilot locations to implement 1 or more provisional indicators to measure improvements against the freight infrastructure performance baseline developed under subparagraph (A). (C) Data collection and reporting The selected entities shall collect and report baseline and annual performance data. (D) Knowledge-sharing A selected entity designated as a mentor grantee shall engage in knowledge-sharing activities with novice grantees to the maximum extent practicable, which may include peer exchanges and technical assistance, as appropriate to the level of performance measurement capacity. (c) National performance measure development activities (1) In general The Secretary— (A) shall evaluate the multimodal freight performance measures developed by selected entities in pilot locations; and (B) in accordance with the national freight strategic plan developed under section 167(f) of title 23, may establish performance measures to assess the efficiency of the multimodal freight network. (2) Multimodal freight movement final report (A) In general At the end of the pilot program under this section, the Secretary shall prepare (including seeking public comment on) a final report describing the results of the pilot program that includes— (i) recommendations on— (I) the establishment of 1 or more national multimodal freight infrastructure performance measures; and (II) the integration of the measures into the Federal transportation performance management framework; (ii) a description of actions taken under the pilot program to measure and improve multimodal freight infrastructure performance; and (iii) an assessment of— (I) outcomes and impacts that may result from the pilot measures; (II) estimated savings and new tax revenues to Federal, State and local governments from improved freight system performance. (B) Publication The Secretary shall publish in the Federal Register the report required under subparagraph (A). (3) Performance measures and standards Not later than 2 years after the date of the publication of the final report required under paragraph (2), the Secretary (in consultation with State Departments of Transportation, metropolitan planning organizations, and other stakeholders) may promulgate a rule that establishes performance measures and standards for multimodal freight. . (b) Conforming amendments (1) The analysis for subtitle III of title 49, United States Code (as amended by section 2), Chapter 65—Multimodal freight network 6501. Definitions. 6502. Multimodal freight network. . (2) Section 167 (3) Section 505(a)(3) 149, and 167 and 149, and section 6502 5. National cooperative freight transportation research program (a) In general Chapter 5 519. National cooperative freight transportation research program (a) In general The Secretary shall establish and support a national cooperative freight transportation research program. (b) Agreement The Secretary shall offer to enter into an agreement with the Transportation Research Board of the National Research Council of the National Academies (referred to in this section as the National Academies (c) Advisory committee The National Academies shall select an advisory committee consisting of a representative cross-section of freight stakeholders, including representatives of— (1) the Department of Transportation; (2) other Federal agencies; (3) State transportation departments; (4) local governments; (5) nonprofit entities; (6) academic institutions; (7) private sector carriers and shippers; (8) port authorities; (9) air quality organizations; and (10) other interested parties. (d) Governance (1) In general The national cooperative freight transportation research program established under this section shall include the administrative and management elements described in this subsection. (2) National research agenda (A) In general The advisory committee, in consultation with interested parties, shall recommend a national research agenda for the program. (B) Component The agenda shall— (i) emphasize multimodal goods movement; (ii) address major freight challenges in urban and rural areas; and (iii) include a multiyear strategic plan. (3) Involvement Interested parties may— (A) submit research proposals to the advisory committee; (B) participate in merit reviews of research proposals and peer reviews of research products; and (C) receive research results. (4) Open competition and peer review of research proposals The National Academies may award research contracts and grants under the program established under this section through open competition and merit review conducted on a regular basis. (5) Research coordination The National Academies shall ensure that research contracts and grants awarded under this section are not duplicative of— (A) research conducted under other cooperative transportation research programs governed by the National Academies; or (B) research conducted by the Department of Transportation or any other Federal, State, or local agency. (6) Evaluation of research (A) Peer review Research contracts and grants under the program may allow peer review of the research results. (B) Programmatic evaluations The National Academies may conduct periodic programmatic evaluations on a regular basis of research contracts and grants. (7) Dissemination of research findings The National Academies shall disseminate research findings to researchers, practitioners, and decisionmakers through— (A) conferences and seminars; (B) field demonstrations; (C) workshops; (D) training programs; (E) presentations; (F) testimony to government officials; (G) the Internet; (H) publications for the general public; (I) collaboration with the National Transportation Library; and (J) other appropriate means. (e) Contents The national research agenda required under subsection (d)(2) shall, at a minimum, include research on— (1) techniques for estimating and quantifying public benefits derived from freight transportation projects; (2) the feasibility of consolidating origins and destinations for freight movement; (3) methods for incorporating estimates of domestic and international trade into landside transportation planning; (4) means of synchronizing infrastructure improvements with freight transportation demand; (5) the effect of changing patterns of freight movement on transportation planning decisions; (6) the reduction of impacts on urban communities; and (7) other research areas to identify and address emerging and future research needs relating to freight transportation by all modes. (f) Funding (1) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. (2) Federal share The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, as determined by the Secretary. (3) Acceptance of non-Federal funds In addition to using funds authorized for this section, the National Academies may seek and accept additional funding sources from— (A) public and private entities capable of accepting funding from the Department of Transportation; (B) States and local governments; (C) nonprofit foundations; and (D) the private sector. . (b) Conforming amendment The analysis for chapter 5 Sec. 519. National cooperative freight transportation research program. .
Freight Priorities Act
Flood Insurance Market Parity and Modernization Act of 2014 - Amends the Flood Disaster Protection Act of 1973 to redefine "private flood insurance" to include a policy issued by an insurance company that is eligible as a nonadmitted insurer to provide insurance in the state or jurisdiction where the property to be insured is located.
To clarify that any private flood insurance policy accepted by a State shall satisfy the mandatory purchase requirement under the Flood Disaster Protection Act of 1973. 1. Short title This Act may be cited as the Flood Insurance Market Parity and Modernization Act of 2014 2. Authority of States to regulate private flood insurance Paragraph (7) of section 102(b) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b)(7) (7) Private flood insurance defined In this subsection, the term private flood insurance (A) provides flood insurance coverage; (B) is issued by an insurance company that is— (i) licensed, admitted, or otherwise approved to engage in the business of insurance in the State or jurisdiction in which the insured building is located, by the insurance regulator of that State or jurisdiction; or (ii) eligible as a nonadmitted insurer to provide insurance in the State or jurisdiction where the property to be insured is located, in accordance with sections 521 through 527 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8201 through 8206); and (C) is issued by an insurance company that is not otherwise disapproved as a surplus lines insurer by the insurance regulator of the State or jurisdiction where the property to be insured is located. .
Flood Insurance Market Parity and Modernization Act of 2014
Fair Raises for Seniors Act - Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to publish for each calendar month a Consumer Price Index for Elderly Consumers (CPI-E) that indicates the average change over time in the prices paid by individuals in the United States who are age 62 and older for a market basket of consumer goods and services. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-E the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to exclude from wages for purposes of employment and self-employment taxes (under the Federal Insurance Contributions Act [FICA] for OASDI insurance): (1) any remuneration up to $250,000 of the amount of the contribution and benefit base, and (2) only so much of that remuneration that is less than $250,000. Amends SSA title II to include 1% or $1,000 (whichever is less) of surplus average indexed monthly earnings in the determination of primary OASDI amounts.
To establish the Consumer Price Index for Elderly Consumers for purposes of determining cost-of-living increases under the Social Security Act, and to amend the Internal Revenue Code of 1986 to apply payroll taxes to remuneration and earnings from self-employment up to the contribution and benefit base and to remuneration in excess of $250,000, and for other purposes. 1. Short title This Act may be cited as the Fair Raises for Seniors Act 2. Consumer price index for elderly consumers (a) In General The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers CPI-E (b) Requirements In carrying out subsection (a), the Bureau of Labor Statistics shall— (1) increase the number of individuals in the United States who are 62 years of age and older sampled in the consumer expenditure survey used to establish the CPI-E above the number of such individuals sampled for purposes of determining the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); (2) establish samples of market-based items, stores, and prices to represent the purchasing patterns of older adults; and (3) examine the medical care component, including the cost and usage of prescription drugs, of the CPI-E taking into account that older adults have different illnesses and health care expenses, including dental expenses, than individuals in the United States who are under 62 years of age. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. (d) Effective Date The section shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. 3. Computation of cost-of-living increases (a) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) (1) in paragraph (1)(G), by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index (2) in paragraph (4), by striking and by section 9001 , by section 9001 1986, and by section 3 of the Fair Raises for Seniors Act (b) Conforming amendments in applicable former law Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index (c) Effective date The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. 4. Payroll tax on remuneration up to contribution and benefit base and more than $250,000 (a) In general Paragraph (1) of section 3121(a) such calendar year. The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $250,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $250,000. (b) Conforming amendment Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking Act) to Act), or in excess of $250,000, to (c) Effective date The amendments made by this section shall apply to remuneration paid after December 31, 2014. 5. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000 (a) In general Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) in the case of the tax imposed by section 1401(a), the excess of— (A) that part of the net earnings from self-employment which is in excess of— (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus (ii) the amount of the wages paid to such individual during such taxable years; over (B) that part of the net earnings from self-employment which is in excess of the sum of— (i) the excess of— (I) the net earning from self-employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over (II) $250,000, reduced by such contribution and benefit base, plus (ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or . (b) Phaseout Subsection (b) of section 1402 Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000. (c) Effective date The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2014. 6. Inclusion of surplus earnings for benefit determinations (a) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended— (1) in clauses (i), (ii), and (iii), by inserting basic average indexed monthly earnings (2) in clause (ii), by striking and (3) in clause (iii), by adding and (4) by inserting after clause (iii) the following new clause: (iv) 1 percent or $1000 (whichever is less) of the individual’s surplus average indexed monthly earnings (determined under subsection (b)(1)(B)), . (b) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) (A) in the matter preceding subparagraph (A), by inserting basic average (B) in subparagraph (A), by striking paragraph (3) paragraph (3)(A) to the extent such total does not exceed the contribution and benefit base for the applicable year (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting (A) (b)(1) (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) (A) in subparagraph (A), by striking subparagraph (B) subparagraph (C) and determination of basic average indexed monthly income paragraph (2) (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined under clause (ii) of paragraph (1)(B) without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Conforming amendments (1) Paragraphs (3)(A)(ii) and (6)(A) of section 203(a) of such Act ( 42 U.S.C. 403(a) basic average indexed monthly earnings (2) Subsections (b) and (c) of section 212 of such Act ( 42 U.S.C. 412 average indexed monthly earnings basic average indexed monthly earnings, surplus average indexed monthly earnings (d) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act ( 42 U.S.C. 415(a)(3)(B)
Fair Raises for Seniors Act
Certify It Act of 2014 - Directs the Comptroller General (GAO) to study the impact of the Patient Protection and Affordable Care Act (PPACA) on small businesses and the Office of the Actuary, Centers for Medicare & Medicaid Services, to study the Act's impact on small group health insurance costs. Declares that, if GAO or the Office of the Actuary reports to Congress that PPACA has caused either net employment loss amongst small businesses or small group health insurance costs to rise, certain PPACA assessments that may be imposed on employers for failing to offer their full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage shall not apply for a specified one-year period. Declares further that, if GAO or the Office fails to submit such a report in accordance with specified timelines, such assessments shall not apply during the following calendar year.
To direct the Office of the Actuary of the Centers for Medicare & Medicaid Services and the Comptroller General of the United States to study the impact of the Patient Protection and Affordable Care Act on small businesses. 1. Short title This Act may be cited as the Certify It Act of 2014 2. Study on impact on small business jobs (a) Study and report (1) In general Not later than 1 year after the date of enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Comptroller General of the United States, shall conduct a study on the impact of the Affordable Care Act on small businesses, including— (A) the impact of any increased health insurance costs resulting from the provisions of such Act on economic indicators (including jobs lost, hours worked per employee, and any resulting loss of wages); and (B) the impact of section 4980H (2) Report The Comptroller General of the United States, using data from the Office of the Actuary, Centers for Medicare & Medicaid Services, under section 3 and economic indicators data from other Federal agencies, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate committees of congress For purposes of this section, the term appropriate committees of Congress (c) Definitions For purposes of this Act: (1) Affordable care act The term Affordable Care Act Public Law 111–148 Public Law 111–152 (2) Small business The term small business 3. Study on impact on small business health insurance (a) Study and report (1) In general Not later than 1 year after the date of the enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Office of the Actuary, Centers for Medicare & Medicaid Services, shall conduct a study on the impact of the Affordable Care Act on small group health insurance costs, including— (A) the impact of requirements and benefits pursuant to such Act on the small group health insurance market, including community rating requirements, minimum actuarial value requirements, requirements to provide for essential health benefits described in section 1302(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b) 42 U.S.C. 300gg–11 (B) the impact of new taxes and fees on the small group health insurance market costs, including the fee imposed under section 9010 of the Patient Protection and Affordable Care Act (relating to imposition of annual fee on health insurance providers), the transitional reinsurance program contributions, the fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to the Patient Centered Outcome Research Institute fees), and Exchange assessments or user fees. (2) Report The Office of the Actuary, Centers for Medicare & Medicaid Services, in consultation with the Comptroller General for purposes of verifying the methodology, assumptions, validity, and reasonableness of the data used by the Actuary, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate committees of congress For purposes of this section, the term appropriate committees of Congress 4. One-year delay for employer mandate in case of negative impact on small business (a) In general If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, determines in any report submitted under section 2 or 3 that the Affordable Care Act has caused net employment loss amongst small businesses or caused small group health insurance costs to rise, section 4980H (b) Failure To submit If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, fails to submit a report in accordance with the timelines specified in this Act, section 4980H of the Internal Revenue Code of 1986 shall not apply the following calendar year.
Certify It Act of 2014
Deter Cyber Theft Act of 2014 - Requires the President to report annually to Congress on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to: (1) identify countries that engage in such espionage, including countries that facilitate, support, fail to prosecute, or otherwise permit such espionage; (2) specify the countries that engage in the most egregious forms of such espionage; and (3) describe actions taken and progress made by the President to decrease the prevalence of such espionage. Authorizes the President to block and prohibit transactions in property, and interests in property, of a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by U.S. persons if such property and interests in property: (1) are in the United States; (2) come within the United States; or (3) are, or come within, the possession or control of a U.S. person. Prohibits the President from imposing sanctions on the importation of goods under such authority.
To require the President to develop a watch list and a priority watch list of foreign countries that engage in economic or industrial espionage in cyberspace with respect to United States trade secrets or proprietary information, to provide for the imposition of sanctions with respect to foreign persons that knowingly benefit from such espionage, and for other purposes. 1. Short title This Act may be cited as the Deter Cyber Theft Act of 2014 2. Actions to address economic or industrial espionage in cyberspace (a) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that— (A) identifies— (i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; (ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (in this section referred to as priority foreign countries (iii) technologies or proprietary information developed by United States persons that— (I) are targeted for economic or industrial espionage in cyberspace; and (II) to the extent practicable, have been appropriated through such espionage; (iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and (v) to the extent practicable, services provided using such technologies or proprietary information; (B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and (C) describes— (i) actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and (ii) the progress made in decreasing the prevalence of such espionage. (2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country— (A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or (B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by— (i) individuals who are citizens or residents of the foreign country; or (ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of sanctions (1) In general The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (2) Persons described A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons. (3) Exception The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cyberspace The term cyberspace (A) means the interdependent network of information technology infrastructures; and (B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. (3) Economic or industrial espionage The term economic or industrial espionage (A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or (C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. (4) Knowingly The term knowingly (5) Own The term own (6) Person The term person (7) Proprietary information The term proprietary information (A) the person has taken reasonable measures to keep the information confidential; and (B) the information is not generally known or readily ascertainable through proper means by the public. (8) Technology The term technology 50 U.S.C. App. 2415 (9) Trade secret The term trade secret section 1839 (10) United States person The term United States person (A) an individual who is a citizen or resident of the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States.
Deter Cyber Theft Act of 2014
Protecting Aid for Students Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to require institutions of higher education (IHEs) that enroll students who receive title IV grants or loans to establish a system to disburse credit balances to students through electronic payments to a deposit account or a general-use prepaid card with the protections afforded under the Electronic Fund Transfer Act. Prohibits an IHE from: (1) requiring or encouraging a student to select a particular financial institution to which those electronic payments will be made, or (2) denying or causing a delay in the disbursement of credit balances based on the selection by a student of a particular financial institution. Directs the Secretary of Education to conduct a pilot program giving students the option to receive credit balances through the Treasury Direct Express system or another low-cost alternative. Prohibits an IHE that is affiliated with a consumer financial product or service from receiving financial assistance under the HEA unless it: develops a code of conduct with respect to affiliated consumer financial products or services with which associated individuals must comply that prohibits conflicts of interest and requires those individuals to act in the best interests of the IHE's students; publish that code prominently on the IHE's website; requires all of its associated individuals to be annually informed of the code's provisions. Defines an "associated individual" as: (1) an officer of an IHE, or (2) an employee or agent of the IHE who is involved in specified ways with the affiliated consumer financial product or service. Prohibits an IHE that is affiliated with a consumer financial product or service from: (1) entering into a revenue-sharing arrangement with the financial institution providing that product or service, or (2) requesting or accepting any staffing assistance from that financial institution. Prohibits an IHE's associated individuals from: (1) soliciting or receiving a gift from a financial institution that has a consumer financial product or service with which the IHE is affiliated; (2) accepting financial compensation from such financial institution pursuant to a service contract; or (3) receiving anything of value from such financial institution for serving on its advisory board, commission, or group. Allows specified exceptions to such prohibitions. Amends the Truth in Lending Act to require financial institutions to submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing the terms and conditions of all business, marketing, and promotional agreements they have with any IHE, or any alumni organization or foundation that is an affiliate of or related to an IHE, relating to any consumer financial product or service offered to college students at IHEs. Requires each financial institution to: (1) establish and maintain a website on which it posts the written agreement with the IHE for each affiliated consumer financial product or service; and (2) provide the CFPB, in electronic format, the written agreements it publishes on its website. Requires the CFPB to establish and maintain on its publicly available website a central repository of all of those agreements received from financial institutions. Prohibits a financial institution that offers a consumer financial product or service that is affiliated with an IHE from entering into a revenue-sharing arrangement with the IHE.
To amend the Higher Education Act of 1965 and the Truth in Lending Act to provide for disclosure and codes of conduct with respect to consumer financial products or services and institutions of higher education. 1. Short title This Act may be cited as the Protecting Aid for Students Act of 2014 2. Disbursement of credit balance Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 493E. Disbursement of credit balance (a) Credit balance In this section, the term credit balance (b) Establishment of system for disbursement Not later than 3 years after the date of enactment of the Protecting Aid for Students Act of 2014 (c) Electronic payment system (1) In general Each institution of higher education described in subsection (b) shall establish a system for disbursement of credit balances through electronic payments to a deposit account or a general use prepaid card with the protections afforded under the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.). (2) No preferred financial institution or denial or delay In carrying out the system under paragraph (1), an institution of higher education shall not— (A) require or encourage a student to select a particular financial institution to which an electronic payment under this section shall be made; or (B) deny or cause a delay in the disbursement of credit balances based on the selection by a student of a particular financial institution. (d) Distribution options (1) Pilot program The Secretary of Education, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall conduct a pilot program on providing students with the option of receiving credit balances, through the electronic payment system of the institution of higher education in accordance with subsection (c), by using the Treasury Direct Express system established under section 3336 (2) Implementation If the Secretary of Education, after conducting the pilot program described in paragraph (1), determines that allowing students with credit balances to use any option described in such paragraph is in the best interest of students, the Secretary shall take such actions as are necessary to provide any such option to students, which may include entering into agreements with the Secretary of Treasury or other entity to implement this paragraph. . 3. Code of conduct in affiliated consumer financial products or services Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. 124. Code of conduct in affiliated consumer financial products or services (a) Definitions In this section: (1) Affiliated (A) In general The term affiliated (i) the name, emblem, mascot, or logo of the institution being used with respect to such product or service; or (ii) some other word, picture, or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service. (B) Rule of construction Nothing in subparagraph (A) shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education. (2) Associated individual The term associated individual (A) an officer of such institution of higher education; (B) an employee or agent of the institution of higher education who is involved in the contracting, approval, analysis, or decisionmaking process for an affiliated consumer financial product or service; or (C) an employee or agent of the institution of higher education involved in the marketing or solicitation process pertaining to an affiliated consumer financial product or service. (3) Consumer financial product or service The term consumer financial product or service 12 U.S.C. 5481 (4) Financial institution The term financial institution (5) Institution of higher education The term institution of higher education (b) Code of conduct Notwithstanding any other provision of law, no institution of higher education that is affiliated with a consumer financial product or service shall be eligible to receive funds or any other form of financial assistance under this Act, unless the institution— (1) develops a code of conduct with respect to affiliated consumer financial products or services with which associated individuals shall comply that— (A) prohibits a conflict of interest with the responsibility of an associated individual with respect to such affiliated consumer financial product or services; (B) requires each associated individual to act in the best interest of the students enrolled at the institution of higher education in carrying out their duties; and (C) at a minimum, is aligned with the requirements and prohibitions described under subsections (c) through (g); (2) publishes such code of conduct prominently on the institution's website; and (3) administers and enforces such code by, at a minimum, requiring that all of the institution's associated individuals be annually informed of the provisions of the code of conduct. (c) Ban on revenue-Sharing arrangements (1) Prohibition An institution of higher education that is affiliated with a consumer financial product or service shall not enter into any revenue-sharing arrangement with the financial institution. (2) Definition In this subsection, the term revenue-sharing arrangement (A) means an arrangement between an institution of higher education and a financial institution under which— (i) the financial institution provides or issues a consumer financial product or service to students attending the institution of higher education; (ii) the institution of higher education recommends, promotes, sponsors, or otherwise endorses the financial institution, or the consumer financial products or services offered by the financial institution; and (iii) the financial institution pays a fee or provides other material benefits, including revenue or profit sharing, to the institution of higher education in connection with the consumer financial products or services provided to students of the institution of higher education; and (B) does not include an arrangement under which a financial institution pays a fair market price to an institution of higher education for the advertising or marketing of the financial institution to the general public by the institution of higher education. (d) Gift ban (1) Prohibition No associated individual of an institution of higher education shall solicit or accept any gift from a financial institution that has a consumer financial product or service with which the institution is affiliated. (2) Definition of gift (A) In general In this subsection, the term gift (B) Exceptions The term gift (i) Standard material, activities, or programs on issues related to a consumer financial product or service or financial literacy, such as a brochure, a workshop, or training. Such material, training, or program shall not promote a product or service of any specific financial institution. (ii) Food, refreshments, training, or informational material furnished to an associated individual as an integral part of a training session that is designed to improve the service of a financial institution to the institution of higher education, if such training contributes to the professional development of the associated individual. (iii) Favorable terms, conditions, and borrower benefits on a consumer financial product or service provided to all employees of the institution of higher education if such terms, conditions, or benefits are comparable to those provided to all students of the institution. (iv) Philanthropic contributions to an institution of higher education from a financial institution that are unrelated to the affiliated consumer financial product or service or the financial institution in general or any contribution from the financial institution that is not made in exchange for any advantage related to the financial institution. (C) Rule for gifts to family members For purposes of this subsection, a gift to a family member of an associated individual of an institution of higher education shall be considered a gift to the associated individual if— (i) the gift is given with the knowledge and acquiescence of the associated individual; and (ii) the associated individual has reason to believe the gift was given because of the official position of the associated individual. (e) Contracting arrangements prohibited (1) Prohibition No associated individual of an institution of higher education shall accept from a financial institution that has a consumer financial product or service with which the institution is affiliated a fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other contract to provide services to the financial institution or on behalf of the financial institution. (2) Rule of construction Nothing in this subsection shall be construed as prohibiting the conduct of an individual who is not an associated individual. (f) Ban on staffing assistance An institution of higher education shall not request or accept from a financial institution with which the institution has an affiliated consumer financial product or service any assistance with call center staffing, financial aid office staffing, or any other office or department of the institution of higher education. (g) Advisory board compensation Any associated individual of an institution of higher education who serves on an advisory board, commission, or group established by a financial institution that has a consumer financial product or service with which the institution is affiliated shall be prohibited from receiving anything of value from the financial institution, except that the individual may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission, or group. . 4. Revenue sharing and disclosure of affiliation Chapter 2 of title I of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. 140B. Preventing unfair and deceptive marketing of consumer financial products and services to students of institutions of higher education (a) Definitions In this section: (1) Affiliate The term affiliate (2) Affiliated (A) In general The term affiliated (i) the name, emblem, mascot, or logo of the institution being used with respect to such product or service; or (ii) some other word, picture, or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service. (B) Rule of construction Nothing in subparagraph (A) shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education. (3) Consumer financial product or service The term consumer financial product or service 12 U.S.C. 5481 (4) Financial institution The term financial institution (A) any person that engages in offering or providing a consumer financial product or service; and (B) any affiliate of such person described in subparagraph (A) if such affiliate acts as a service provider to such person. (5) Institution of higher education The term institution of higher education (6) Person The term person (7) Revenue-sharing arrangement The term revenue-sharing arrangement (A) means an arrangement between an institution of higher education and a financial institution under which— (i) a financial institution provides or issues a consumer financial product or service to college students attending the institution of higher education; (ii) the institution of higher education recommends, promotes, sponsors, or otherwise endorses the financial institution, or the consumer financial products or services offered by the financial institution; and (iii) the financial institution pays a fee or provides other material benefits, including revenue or profit sharing, to the institution of higher education, or to an officer, employee, or agent of the institution of higher education, in connection with the consumer financial products and services provided to college students attending the institution of higher education; and (B) does not include an arrangement under which a financial institution pays a fair market price to an institution of higher education for the advertising or marketing of the financial institution to the general public by the institution of higher education. (8) Service provider The term service provider (A) means any person that provides a material service to another person in connection with the offering or provision by such other person of a consumer financial product or service, including a person that— (i) participates in designing, operating, or maintaining the consumer financial product or service; or (ii) processes transactions relating to the consumer financial product or service (other than unknowingly or incidentally transmitting or processing financial data in a manner that such data is undifferentiated from other types of data of the same form as the person transmits or processes); and (B) does not include a person solely by virtue of such person offering or providing to another person— (i) a support service of a type provided to businesses generally or a similar ministerial service; or (ii) time or space for an advertisement for a consumer financial product or service through print, newspaper, or electronic media. (b) Disclosure of affiliation (1) Reports by financial institutions (A) In general Not later than 180 days after the date of enactment of the Protecting Aid for Students Act of 2014 (B) Details of report The information required to be reported under subparagraph (A) includes— (i) any memorandum of understanding between or among the financial institution and an institution of higher education, alumni association, or foundation that directly or indirectly relates to any aspect of an agreement referred to in subparagraph (A) or controls or directs any obligations or distribution of benefits between or among the entities; and (ii) the number and dollar amount outstanding of consumer financial products or services accounts covered by any such agreement that were originated during the period covered by the report, and the total number and dollar amount of consumer financial products or services accounts covered by the agreement that were outstanding at the end of such period. (C) Aggregation by institution The information required to be reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation that is an affiliate of or related to the institution of higher education. (2) Reports by Bureau The Bureau shall submit to Congress, and make available to the public, an annual report that lists the information submitted to the Bureau under paragraph (1). (3) Electronic disclosures (A) Posting agreements Each financial institution shall establish and maintain an Internet site on which the financial institution shall post the written agreement between the financial institution and the institution of higher education for each affiliated consumer financial product or service. (B) Financial institution to provide contracts to the bureau Each financial institution shall provide to the Bureau, in electronic format, the written agreements that it publishes on its Internet site pursuant to this paragraph. (C) Record repository The Bureau shall establish and maintain on its publicly available Internet site a central repository of the agreements received from financial institutions pursuant to this paragraph, and such agreements shall be easily accessible and retrievable by the public. (D) Exception This paragraph shall not apply to individually negotiated changes to contractual terms, such as individually modified workouts or renegotiations of amounts owed by an institution of higher education. (c) Prohibition of revenue-Sharing arrangement A financial institution that offers a consumer financial product or service that is affiliated with an institution of higher education may not enter into a revenue-sharing arrangement with the institution of higher education. (d) Rule of construction Nothing in this section shall be construed to prohibit a financial institution from establishing a consumer product or service affiliated with an institution of higher education if — (1) the consumer product or service will— (A) assist college students in reducing costs or fees associated with the use of consumer financial products or services; (B) increase consumer choice; and (C) enhance consumer protections; and (2) the financial institution is in compliance with the requirements of this Act. .
Protecting Aid for Students Act of 2014
Avonte's Law Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to law enforcement agencies to: (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities, and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. Requires grant awards to be used to: (1) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to reduce the risk of wandering by such individuals, help to identify signs of abuse in such individuals, increase their personal safety and survival skills, and facilitate effective communication with individuals who have communication-related disabilities; (2) provide training and emergency protocols for school administrators, staff, and families; (3) provide response tools and training for law enforcement and search-and-rescue agencies, including tracking technology; or (4) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. Directs the Attorney General to establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. Requires each law enforcement agency that receives a grant to comply with any such standards and best practices.
To establish a grant program to help State and local law enforcement agencies reduce the risk of injury and death relating to the wandering characteristics of some children with autism and other disabilities. 1. Short title This Act may be cited as the Avonte's Law Act of 2014 2. Grant program to reduce injury and death relating to the wandering and safety of individuals with disabilities Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. LL Grant program to reduce injury and death relating to the wandering and safety of individuals with disabilities 3021. Program authorized (a) In general The Attorney General may make grants to law enforcement agencies to— (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities; and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. (b) Uses of funds A grant awarded under this section shall be— (1) distributed directly to a law enforcement agency; and (2) used to— (A) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to— (i) reduce the risk of wandering by individuals with autism or other disabilities; (ii) help to identify signs of abuse in individuals with autism or other disabilities; (iii) increase personal safety and survival skills for individuals with autism or other disabilities; and (iv) facilitate effective communication with individuals who have communication-related disabilities, including the use of assistive communication techniques and technology; (B) provide training and emergency protocols for school administrators, staff, and families; (C) provide response tools and training for law enforcement and search-and-rescue agencies, including— (i) tracking technology; (ii) reverse 911 technology; (iii) assistive communication technology; (iv) Endangered Missing Advisories; and (v) Federal search-and-rescue guidelines for special needs children; or (D) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. (c) Standards and best practices for use of tracking devices (1) Establishment (A) In general Not later than 120 days after the date of enactment of this part, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. (B) Requirements In establishing the standards and best practices required under subparagraph (A), the Attorney General— (i) shall determine— (I) the criteria used to determine which individuals would benefit from the use of a tracking device; and (II) who should have direct access to the tracking system; and (ii) may establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures in order to— (I) safeguard the privacy of the data used by the tracking device such that— (aa) access to the data is restricted to agencies determined necessary by the Attorney General; and (bb) use of the data is solely for the purpose of preventing injury or death; (II) develop criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death prior to issuing the tracking device, including the previous consideration of less restrictive alternatives; (III) provide training for law enforcement agencies to recognize signs of abuse in their interactions with applicants; (IV) protecting the civil rights and liberties of children with disabilities who use tracking devices, including their rights under the Fourth Amendment of the Constitution of the United States; (V) establish a complaint and investigation process to address— (aa) incidents of noncompliance by grant recipients with the best practices established by the Attorney General or other applicable law; and (bb) use of a tracking device over the objection of a child with a disability; and (VI) the role which State agencies responsible for providing services to children with developmental disabilities and State agencies responsible for child protective services should have in the administration of a tracking system. (2) Required compliance (A) In general Each law enforcement agency that receives a grant under this section shall comply with any standards and best practices relating to the use of tracking devices as established by the Attorney General under paragraph (1), in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations. (B) Determination of compliance The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether a law enforcement agency that receives a grant under this section acts in compliance with the requirement described in paragraph (1). (3) Applicability of standards and best practices The standards and best practices established by the Attorney General under paragraph (1) shall apply only to the grant program authorized under this part. 3022. Applications To request a grant under section 3021, the head of a law enforcement agency shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. 3023. Definitions In this part— (1) the term child (2) the term Indian tribe 25 U.S.C. 450b(e) (3) the term law enforcement agency (4) the term State (5) the term unit of local government 3024. Authorization of appropriations There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2015 through 2019. .
Avonte's Law Act of 2014
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
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
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
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. .
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
Cerros del Norte Conservation Act - Designates the Cerro del Yuta Wilderness and Rio San Antonio Wilderness within the Rio Grande del Norte National Monument in New Mexico as wilderness and as components of the National Wilderness Preservation System. Requires incorporation into the relevant wilderness area of any land or interests in land within the boundaries of such wilderness areas acquired by the United States. Sets forth requirements for the management of the wilderness areas regarding: (1) livestock grazing, (2) the creation of protective perimeters and buffer zones, and (3) the jurisdiction of the state of New Mexico respecting fish and wildlife located on public land in New Mexico. Releases specified public land within the San Antonio Wilderness Study Area not designated as wilderness by this Act from further study for such a designation. Requires the wilderness areas to be administered as components of the National Landscape Conservation System. Withdraws any federal land within the wilderness areas, including any acquired land or interest, from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Denies that anything in this Act enlarges, diminishes, or otherwise modifies any treaty rights.
To designate the Cerro del Yuta and Río San Antonio Wilderness Areas in the State of New Mexico, and for other purposes. 1. Short title This Act may be cited as the Cerros del Norte Conservation Act 2. Definitions In this Act: (1) Map The term map Río Grande del Norte National Monument Proposed Wilderness Areas (2) Secretary The term Secretary (3) Wilderness area The term wilderness area 3. Designation of Cerro del Yuta and Río San Antonio Wilderness Areas (a) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) Cerro del yuta wilderness Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the Cerro del Yuta Wilderness (2) Río san antonio wilderness Certain land administered by the Bureau of Land Management in Río Arriba County, New Mexico, comprising approximately 8,000 acres, as generally depicted on the map, which shall be known as the Río San Antonio Wilderness (b) Management of wilderness areas Subject to valid existing rights, the wilderness areas shall be administered in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (c) Incorporation of acquired land and interests in land Any land or interest in land within the boundary of the wilderness areas that is acquired by the United States shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) this Act; and (C) any other applicable laws. (d) Grazing Grazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (2) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (e) Buffer zones (1) In general Nothing in this Act creates a protective perimeter or buffer zone around the wilderness areas. (2) Activities outside wilderness areas The fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. (f) Release of wilderness study areas Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (1) has been adequately studied for wilderness designation; (2) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (3) shall be managed in accordance with this Act. (g) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the wilderness areas with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the legal description and map. (3) Public availability The map and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (h) National landscape conservation system The wilderness areas shall be administered as components of the National Landscape Conservation System. (i) Fish and wildlife Nothing in this Act affects the jurisdiction of the State of New Mexico with respect to fish and wildlife located on public land in the State. (j) Withdrawals Subject to valid existing rights, any Federal land within the wilderness areas designated by subsection (a), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (k) Treaty rights Nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights.
Cerros del Norte Conservation Act
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
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
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
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
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
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